Justice Dept. Cites Problems in 2 Inquiries at Los Alamos

By DAVID JOHNSTON


WASHINGTON, Aug. 13 — The Justice Department today made public two
chapters of a classified internal inquiry that harshly criticized
the investigation of the Los Alamos nuclear scientist Wen Ho Lee.

 The report faulted the Energy Department as producing a deeply
flawed preliminary report and the F.B.I. as conducting an
inadequate investigation into accusations that Dr. Lee had
mishandled nuclear weapons data.

 The existence of the report has long been known, along with its
generally critical commentary on the Wen Ho Lee case. But the
chapters released today, which were heavily edited to delete
references to material that remains classified, show how the
government's own post-mortem harshly criticized the Lee inquiry
over faulty assumptions, slipshod methods and an unwillingness to
look beyond Dr. Lee to other suspects.

 The undated report, written more than a year ago by Randy I.
Bellows, a veteran federal prosecutor in Virginia, said that an
administrative inquiry used by the Energy Department as the basis
for recommending an F.B.I. investigation of Dr. Lee, was "a deeply
flawed product whose shortcomings went unrecognized and unaddressed
due to the F.B.I.'s own inadequate investigation."

 Critics had accused investigators of singling out Dr. Lee because
of his Chinese ancestry.

 Senator Patrick J. Leahy, a Vermont Democrat and chairman of the
Judiciary Committee, said today that the report indicated that the
Lee investigation was mismanaged.

 "The report paints the picture of a wayward investigation that was
flawed from inception," Mr. Leahy said.

 "It provides newly public details of communications breakdowns,
flawed assessments and inaccurate representations that for years
misdirected the Department of Energy's administrative inquiry and
the later F.B.I. investigation," Mr. Leahy said. "Even if not
racially motivated, the abysmal handling of the initial phases of
this case caused serious harm and delay in resolving fundamental
questions about a grave compromise of our nuclear secrets."

 The report found that the Energy Department and then the Federal
Bureau of Investigation mistakenly narrowed their investigation to
Dr. Lee as a suspect in the possible, but unproven, theft of
nuclear secrets. The report concluded that the F.B.I. accepted the
department's conclusions about Dr. Lee without a rigorous
examination of the agency's rationale, or predicate, for suspecting
him.

 "But to say that D.O.E. misled the F.B.I. as to the predicate and
to say that D.O.E. improperly focused its conclusion only on Wen Ho
Lee is only to describe half the problem," the report said.

 "The other half was the F.B.I.'s unfortunate and unwarranted
acceptance of D.O.E.'s description of the predicate, its
unhesitating and unquestioning acceptance of D.O.E.'s
identification of Lee as `the most logical suspect,' " the report
said.

 The case against Dr. Lee collapsed in September 2000 when the
government dropped all but one of the 59 felony charges against
him. He pleaded guilty to a single count of mishandling nuclear
secrets, and the case became an embarrassment for the F.B.I., which
conducted the criminal inquiry that led to the criminal charges
against him.

 The chapters were disclosed under orders of Magistrate Judge
Thomas R. Jones Jr. in Alexandria, Va., as part of a defamation
lawsuit filed by Notra Trulock, the Energy Department's former
chief of counterintelligence. Mr. Trulock has sued Dr. Lee and two
Energy Department investigators who, Mr. Trulock said, had wrongly
accused him of singling out Dr. Lee for investigation because of
his Chinese ancestry.

 The Bellows report said a full inquiry of Mr. Lee was warranted,
but concluded that the Energy Department's own administrative
report focused on Dr. Lee, a Taiwanese-born, naturalized citizen,
without considering other suspects who had access to the same
highly secret W-88 warhead design information that Dr. Lee was
suspected of compromising. No one else was ever subjected to
similar scrutiny.

 Mr. Bellows's report concluded: "The final report was so poorly
written and organized that this alone made it difficult to evaluate
and comprehend. More significantly, it contained very serious
deficiencies, including numerous inconsistent and contradictory
statements as well as unsubstantiated assertions."

 But the report "found no evidence of racial bias" and Mr. Bellows
rejected complaints by some officials that the initial Energy
Department review was little more than "a mechanism to summarily
finger a Chinese American."

 The chapters released today are only a small part of the report,
law enforcement officials said. They said the remainder would be
made public in several weeks.


Copyright 2001 The New York Times Company