国会记录:2000年9月14日(参议院)
页面S8567-S8569博士。温豪李先生。主席先生，我向昨天被联邦法官昨天被释放的非凡案件向昨天释放的非凡案件进行了认可，他说李博士是由于排名官员的重大错误而欠道歉。司法部和能源部。这件事是由我主席的司法机构小组委员会监督调查的主题。我们的询问开始于去年10月开始于12月初于12月初，以便于联邦调查局署署长的要求，这不会干涉李博士的待检方。有许多问题是由于发生的事情 - 特别是昨天帕克法官帕克的戏剧性评论，以至于温浩·李欠道歉，责任奠定了司法和能源的顶级官员的门口。需要探索的问题是：那里有哪些证据或哪些因素导致李李议员的拘留和单独监禁约9个月？司法部和能源部通过调查做了什么？关键的联邦调查局证人的具体情况是从早些时候的听证会改变了他的证词，他说李博士是欺骗性的，以后听到他遗漏的那些重要的事实，导致温浩·李某的拘留？ Was there any racial profiling in this case? How did the Department of Justice focus on Dr. Lee? Those are among the many questions to be answered in an oversight hearing which our subcommittee is attempting to schedule now for the week of September 25. The inquiries which we have already made have suggested that there was significant reason for the FBI to conduct the investigation. Dr. Wen Ho Lee is entitled to the presumption of innocence like every American. And on this date of the report, he is presumed innocent, and he is, in fact, innocent. But on this date of the record, the Department of Justice has convicted itself of absolute incompetence. Let me be very specific about why. Director Louis Freeh sent his top deputy, John Lewis, to talk to Attorney General Janet Reno in August of 1997 to request a warrant for Dr. Lee under the Foreign Intelligence Surveillance Act. There was a statement of probable cause which was very substantial which justified the issuance of that warrant to gather further evidence. Attorney General Reno referred that matter to a man named Daniel Seikaly in her department, a person who had never handled a warrant under the Foreign Intelligence Surveillance Act. The wrong standard was applied, and the FBI was turned down notwithstanding the top deputy, John Lewis, having been sent there by Director Freeh. Then, inexplicably, for the next 16 months, the FBI did not conduct any investigations. Some memoranda were transmitted between Washington, DC, and Albuquerque, NM, but the case lay dormant. It is really hard to understand why the case would lie dormant when the FBI had been so arduous in asking for the warrant under the Foreign Intelligence Surveillance Act. But then, in late December of 1998, it was known that the Cox committee was about to publish its report and was said to be highly critical of the way the Department of Justice and the Department of Energy handled the Wen Ho Lee case. Then the Department of Energy initiated a polygraph of Dr. Lee on December 23, 1998, conducted by an outside agency--not by the FBI but by Wackenhut. The Wackenhut contractors told the FBI that Dr. Lee passed the polygraph but did not give the FBI agents the polygraph charts or the videotape of the interview. On January 17 of 1999, the FBI conducted an interview with Dr. Lee to close out the case. But then, on January 22, 5 days later, the FBI finally received the complete record of the December 23 polygraph and began to question the Wackenhut interpretation of the results. Without going into more of the details in the limited time I have at the moment--there will be more time to amplify this statement later in the subcommittee hearings--Dr. Lee was not terminated until March 8. The search warrant was not issued until April 9 in the context of substantial evidence of deletions and downloading. There are very significant questions for the Department of Justice to answer as to why the warrant was not issued under the Foreign Intelligence Surveillance Act, why the investigation was not made by the FBI from August of 1997 to December of 1998, why Dr. Lee was kept on the job in the face of downloading very substantial classified matters. The issues about his retention require very serious oversight. There are all the appearances that the FBI's failure to handle the matter properly, the Department of Justice's failure to handle the matter properly, through the disclosure by the Cox committee in January of 1999, and the ultimate firing, the ultimate search warrant, suggest that the Department of Justice really threw the book at Dr. Lee to make up for their own failings. But there needs to be a determination on oversight as to the justification for keeping Dr. Lee in solitary confinement. When the judge finally suggested that he was going to release Dr. Lee to house arrest, the Federal Government put out an objection to his having any contact with his wife, which was really extraordinary. Then suddenly, on a plea agreement, on one of 59 counts under the起诉书根据美国司法部(Department of Justice)的说法，在辩诉交易中释放李博士是可以的。没有罚款，也没有入狱，只有一份简报。有一个真正的问题是，这有多大意义，因为这些材料通常是由李博士的律师在进入辩诉交易之前提供的投标材料。这些是我们的司法小组委员会将要调查的一些问题金博宝正规网址，包括对司法部和能源部的监督。当联邦法官说美国欠李医生一个道歉时，细节还有待确定。当联邦调查局声称李博士对美国的安全构成威胁，他下载的信息可能导致我们在世界各地的军事力量失败时，这些断言需要作为监督问题进行调查。司法部是如何从这些非常严重的指控转变为一份声明的，实际上，让这件事过去，没有罚款，没有监禁，只有59项指控中的一项缓刑。处理这些间谍问题是很重要的。小组委员会即将完成一份关于彼得·李博士的报告，他承认向中华人民共和国提供了关于核秘密和潜艇探测的信息。这些事情需要国会的监督。 Our Judiciary subcommittee will undertake just that. I yield the floor. Mr. GRAMM. Mr. President, like most people this morning, I read the headline "Physicist Lee Freed With Apology.'' I want to comment on this. [[Page S8568]] I want to be careful about what I say because I am angered and embarrassed about what has happened to one of our fellow Americans. For the last few months I have been troubled by the case of Wen Ho Lee. I have been troubled because I have had the deep suspicion that Dr. Lee was a victim of scapegoatism by the Justice Department and by the Energy Department. But I tried to follow the old adage we all learn from our mamas--that when you do not have the facts, wait until you get the facts before you have something to say. Today we have the facts. The facts are that the Federal judge in this case said--talking about Janet Reno, the Attorney General of the United States of America, and Bill Richardson, the Secretary of Energy--and I quote the Federal judge: They did not embarrass me alone. They have embarrassed our entire nation and each of us who is a citizen of it. Let me say they certainly embarrassed me. It seems to me that what happened was we had a terrible breach of security. Our Energy Department was asleep at the switch when the nuclear secrets of this country were stolen. That was raised to a level of public awareness. Rather than going out and finding the person who was guilty of stealing these secrets, it now appears that what the Justice Department did, to its great shame and our embarrassment, is engage in racial profiling to identify an Asian American of Chinese ancestry, Dr. Lee, and to use him as a scapegoat for the failure of this administration to protect American national security. This individual citizen ended up month after month in solitary confinement, having been charged in59项指控，然后当事实证明不存在案件时，他们进行了辩诉交易，以轻罪释放了他。我说的“小”只是与美国向中国出售核机密或向他们提供此类信息相比。李博士将安全数据转移到一个不安全的来源，约翰·多伊奇(John Deutch)，在本届政府中担任更高职位，从未被起诉。作为对这项指控认罪的回报，这位曾被剥夺自由并濒临毁灭人生的人，现在被一名联邦法官宣布无罪。我想说的是:首先，我不理解这样一个政府，它站起来谴责种族定性，却在符合其政治议程的情况下参与其中。当你谈论一个人的自由时，当你谈论一个人的生命时，我不理解替罪羊。我想如果我们的司法部长珍妮特·雷诺，有一点荣誉感和羞耻感，我想如果比尔·理查森有一点荣誉感和羞耻感，他们会因为这次对美国人民的暴行而辞职。认为这个人是单独监禁月复一月,视为公敌,诋毁,在我看来,至少,基于我们知道的一切,似乎如果司法部有任何事实,他们会提出这个法院和法官——因为他的种族。我认为这是一种暴行。我认为美国总统应该道歉。 I think this is a terrible wrong and an outrage. I have for months been suspicious that this was happening, but I didn't want to say anything until we had the facts. I hope my language hasn't offended anybody. But I just do not understand people who, to get political cover for their own failings, don't seem to care that we are talking about the life of a real person. Our system is not based on my rights, or Bill Clinton's rights, it is based on the rights of each individual citizen. The idea that this man has had his good name and his family so attacked and has been in solitary confinement when the only thing the Justice Department ended up getting him to plea bargain on was that he took material out of a secure setting to a nonsecure setting when another official of this Government, by his own admission, did exactly the same thing and was never prosecuted--this is a terrible outrage. I just didn't feel comfortable not saying something about it. I just wanted to go on Record as saying that there is something very wrong in America. This is not the America I grew up in when this kind of thing happens. Somebody in the Senate needed to say something about it. I decided that was me. I yield the floor. The PRESIDING OFFICER. The Senator from New York. Mr. MOYNIHAN. Mr. President, could I respond in the most emphatically sympathetic and supportive way to the statement of the Senator from Texas. In 1993, this Congress passed legislation to create the保护和减少政府机密委员会在美国。我们有很好的佣金。赫尔姆斯参议员和我代表参议院，在众议院代表拉里·康贝斯特和李·汉密尔顿，以及中情局的约翰·道奇。委员会得出了一致的结论。我们从这个命题开始——我可以对一位学者说；他会认识到这一点——马克斯·韦伯（Max Weber）指出，保密是官僚机构反对议会和政治系统其他机构的天然武器。我们发现了最不寻常的事情。我后来写了这篇文章。1946年12月，在离五角大楼不远的阿灵顿霍尔女子学校，一位杰出的密码分析员打破了苏联克格勃的第一个密码。这些是一次性的垫子。你“不能打破它们”，但它们有点粗心，用了一两次。有洛斯阿拉莫斯所有物理学家的名字，主要的物理学家。衡量克格勃在这个国家的行动范围？当我们的密码分析员工作时，一名陆军下士密码员递给他铅笔、咖啡等，一名陆军下士密码员，一名克格勃间谍。在很短的时间内，克格勃知道我们在破坏他们的密码。当然，金·菲尔比当时在英国大使馆，我们与英国人分享了其中的一些发现——我们可能仍然如此。然后他叛逃了。很快，他们就知道我们知道，我们也知道他们知道我们知道。人们可能有兴趣了解，谁是美国政府中唯一不知道的人？美国总统。这件案子是谁下令的？参谋长联席会议主席奥马尔·布拉德利。这是军队的财产。我猜他有种感觉如果他说，“把一切都交给白宫，”它说。杜鲁门总统从来不知道这些事情。除了罗森伯格夫妇之外，这些人都没有被起诉过。其中最重要的一位是霍尔，他在英国剑桥大学教授物理，并往返于这个国家。他是这一巨大努力的一部分。他来自曼哈顿的一个移民家庭，就读于皇后学院。他们在皇后学院发现了他，并把他送到了哈佛大学。然后他被送到洛斯阿拉莫斯。他从未被起诉，因为要起诉，必须说明我们从哪里得到信息等等。保密会对所需的信息流造成极大的破坏。在可能需要保密的情况下，这种情况还会持续很长时间。我们最近估计，我们现在掌握的机密文件将是华盛顿纪念碑高度的441倍。这是一个微不足道的例子，但却是一个典型的例子，福特总统曾一度认为我可能是国会的图书管理员。我当时在印度，卸任大使一职，与白宫人事负责人进行了电报交流。我要穿过北京，住在灌木丛里，在珍珠港停下来，然后就到了这里。写国会图书馆的历史学家——一篇有趣的文章；在我们的历史上只有七八个——拿起这个去了福特图书馆。是的，有信息；但不，她看不见，这是机密。去华盛顿的电报解密花了几个月的时间。有人可能会争辩说，有充分的理由将其保密7天，但30年后呢？这是一种模式。这是一种模式，处理这些事情的人不知道材料，不知道主题；他们不知道麻省理工学院一年级研究生所学的物理，但在华盛顿的一些官僚机构里，信息仍然被列为“绝密，没有形式”。绝对标准的操作程序是对某些东西进行分类“绝密”，然后把它寄给总统，希望如果它看起来真的很大，它能放在他的桌子上。从《新闻周刊》杂志上剪下的剪报例子不胜枚举“机密”只是一种官僚模式。李博士被监禁的想法很难理解。单独监禁，更糟。但是腿部熨斗呢？那里有脚镣，所以一个人不能跑到墨西哥去。显然，还有很多需要解释。我还要对道奇博士说，他是一个极为爱国的人。他犯了什么罪？我认为这根本不是犯罪。他把工作带回家了。晚饭后他会坐下来工作。这是一种惩罚，他接受了。他已经取消了所有的许可证，这对一个科学家来说是一个沉重的代价，但他已经接受了。除此之外，他做了任何错事的想法是对人们说：不要靠近美国的秘密机构，不要靠近原子实验室。我没有科学家的地位，但我是总统科学咨询委员会的成员，我是美国科学促进协会的会员，曾经是董事会成员和副主席，我可以说我认识相当多的科学家。他们的博士后学位tudents don't want anything to do with the Federal laboratories. If you want to do something to the national security of the United States, keep the best minds out of the weapons labs. That will do it faster than any transfer of information, which has a half-life of nine months before others catch up or they think it up on their own. I can speak to this. For example, with atomic secrets, we have a wonderful person, a great man, Hans Bethe, who was standing alongside Oppenheimer at Los Alamos. A man of luminous intelligence. There is nothing that he is more skeptical about than the idea of keeping physical science secret. He tells the story that after the atomic bomb was detonated, he and the other physicists involved said: All right, but no hydrogen bomb. No, that is too much. And there was the further advantage: And thank God, nobody knew how. It was not possible to make one. It can't be done. The physics just won't work. And then he said: Stanislaw Ulam and Edward Teller figured out how it could be done. And we said: Oh, Lord, if Ulam can think of it, Sakharov will think of it. So we had better go through with it. He and Oppenheimer said: You have to go through to a hydrogen bomb because science is not in a box that you can put in a closet. I also want to say on this floor that I have not known a more patriotic man than John Deutch; absolutely committed to this country's security. Provost at MIT, a physical chemist, a man of great science, who made the error of working after supper at home. Nothing was ever transferred to anybody. He was working. What do I do in the morning? That kind of thing. And the very idea we would try to punish him for that is to put, I say, in jeopardy the whole reputation of American classified science and clandestine service. We do that at a great cost, which you will not recognize for half a century, perhaps. But it will come. I thank the Senator from Texas for what he has said. I appreciate his indulgence in what I have joined him saying. I see my colleague seeks recognition. I yield the floor. ____________________