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The Peter Lee Case Hearings Committee on the Judiciary United States Senate

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The Peter Lee Case Hearings Committee on the Judiciary United States Senate S. HRG. 106–1013 THE PETER LEE CASE HEARINGS BEFORE THE SUBCOMMITTEE ON ADMINISTRATIVE OVERSIGHT AND THE COURTS OF THE COMMITTEE ON THE JUDICIARY UNITED STATES SENATE ONE HUNDRED SIXTH CONGRESS SECOND SESSION MARCH 29, APRIL 5, and APRIL 12, 2000 Serial No. J–106–73 Printed for the use of the Committee on the Judiciary ( U.S. GOVERNMENT PRINTING OFFICE 73–205 WASHINGTON : 2001 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001 VerDate 11-MAY-2000 14:32 Oct 03, 2001 Jkt 073205 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 E:\HR\OC\A205.XXX pfrm11 PsN: A205 COMMITTEE ON THE JUDICIARY ORRIN G. HATCH, Utah, Chairman STROM THURMOND, South Carolina PATRICK J. LEAHY, Vermont CHARLES E. GRASSLEY, Iowa EDWARD M. KENNEDY, Massachusetts ARLEN SPECTER, Pennsylvania JOSEPH R. BIDEN, JR., Delaware JON KYL, Arizona HERBERT KOHL, Wisconsin MIKE DEWINE, Ohio DIANNE FEINSTEIN, California JOHN ASHCROFT, Missouri RUSSELL D. FEINGOLD, Wisconsin SPENCER ABRAHAM, Michigan ROBERT G. TORRICELLI, New Jersey JEFF SESSIONS, Alabama CHARLES E. SCHUMER, New York BOB SMITH, New Hampshire MANUS COONEY, Chief Counsel and Staff Director BRUCE COHEN, Minority Chief Counsel SUBCOMMITTEE ON ADMINISTRATIVE OVERSIGHT AND THE COURTS CHARLES E. GRASSLEY, Iowa, Chairman JEFF SESSIONS, Alabama ROBERT G. TORRICELLI, New Jersey STROM THURMOND, South Carolina RUSSELL D. FEINGOLD, Wisconsin SPENCER ABRAHAM, Michigan CHARLES E. SCHUMER, New York KOLAN DAVIS, Chief Counsel MATT TANIELIAN, Minority Chief Counsel (II) VerDate 26-SEP-2001 06:22 Oct 03, 2001 Jkt 073205 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 E:\HR\OC\A205.XXX pfrm04 PsN: A205 C O N T E N T S WEDNESDAY, MARCH 29, 2000 STATEMENTS OF COMMITTEE MEMBERS Page Grassley, Hon. Charles E., a U.S. Senator from the State of Iowa ..................... 2 Sessions, Hon. Jeff, a U.S. Senator from the State of Alabama .......................... 4 Specter, Hon. Arlen, a U.S. Senator from the State of Pennsylvania ................. 1 WITNESSES Cook, Thomas L., Nonproliferation and International Security Division, Los Alamos National Laboratory, Los Alamos, NM ................................................. 25 Preston, Stephen W., General Counsel, Department of the Navy, Washington, DC .......................................................................................................................... 33 Sayner, Daniel K., Assistant Special Agent-in-Charge, Los Angeles Division, Federal Bureau of Investigation, Los Angeles, CA ........................................... 5 Schuster, John G., Jr., Branch Head, Submarine Security and Technology, Department of the Navy, Washington, DC ........................................................ 44 Twogood, Richard, Former Program Leader, Imaging and Detection Program, Lawrence Livermore National Laboratory, Livermore, CA .............................. 22 WEDNESDAY, APRIL 5, 2000 STATEMENTS OF COMMITTEE MEMBERS Grassley, Hon. Charles E., a U.S. Senator from the State of Iowa ..................... 60 Sessions, Hon. Jeff, a U.S. Senator from the State of Alabama .......................... 62 Specter, Hon. Arlen, a U.S. Senator from the State of Pennsylvania ................. 55 Thurmond, Hon. Strom, a U.S. Senator from the State of South Carolina ........ 61 Leahy, Hon. Patrick J., a U.S. Senator from the State of Vermont .................... 64 WITNESSES Shapiro, Jonathan S., Former Assistant U.S. Attorney, Central District of California, Los Angeles, CA ................................................................................ 69 Robinson, James K., Assistant Attorney General, Criminal Division, U.S. Department of Justice, Washington, DC; accompanied John C. Keeney, Deputy Assistant Attorney General, Criminal Division, U.S. Department of Justice, Washington, DC ................................................................................. 106 WEDNESDAY, APRIL 12, 2000 STATEMENT OF COMMITTEE MEMBER Specter, Hon. Arlen, a U.S. Senator from the State of Pennsylvania ................. 111 WITNESSES Dion, John, Acting Chief, Internal Security Section, Criminal Division, U.S. Department of Justice; accompanied by Bruce C. Swartz, Deputy Assistant Attorney General, Criminal Division, U.S. Department of Justice, Wash- ington, DC ............................................................................................................. 155 Keeney, John C., Principal Deputy Assistant Attorney General, Criminal Division, U.S. Department of Justice, Washington, DC ................................... 112 (III) VerDate 11-MAY-2000 14:27 Oct 03, 2001 Jkt 073205 PO 00000 Frm 00003 Fmt 5904 Sfmt 5904 E:\HR\OC\A205.XXX pfrm11 PsN: A205 IV Page Liebman, Michael, Line Attorney, Internal Security Section, Criminal Divi- sion, U.S. Department of Justice; accompanied by Bruce C. Swartz, Deputy Assistant Attorney General Criminal Division, U.S. Department of Justice, Washington, DC ................................................................................................... 123 SUBMISSIONS FOR THE RECORD Beach, Kenneth L., letter to Terry J. Hatter, Judge, U.S. District Court, Los Angeles, CA ................................................................................................... 300 Chesnut, Robert C., former Assistant U.S. Attorney, Santa Cruz, CA, letter .... 113 CRS Report for Congress, Investigative Oversight: An Introduction to the Law, Practice and Procedure of Congressional Inquiry .................................... 171 Department of Energy documents ‘‘5’’, ‘‘6’’, and ‘‘7’’ .............................................. 100 Department of the Navy memorandum ................................................................. 97 Exhibit 1, Declaration of Technical Damage to United States National Secu- rity Assessed in Support of United States v. Peter Hoong-Yee Lee .................. 26 Exhibit 2, Impact Statement .................................................................................. 28 Exhibit 3, Memorandum for General Counsel of the Department of Defense .... 34 Exhibit 4, Letter from Stephen W. Preston, General Counsel of the Navy ........ 34 Exhibit 5, Memorandum for Request for Classification Guidance (U) ................ 44 FBI document ‘‘Royal Tourist’’, November 25, 1997 ............................................. 74 Henderson, James D., Attorney for Defendant, Defendant’s Sentencing Memo- randum, March 26, 1998 ..................................................................................... 345 Honigman, Steven S., memorandum to John Dion, Acting Chief Internal Security Section, Criminal Division, Department of Justice ............................ 255 Holt, Daniel C., Studio Director, South Bay Studio, Recording for the Blind and Dyslexic, Los Angeles, CA, letter ................................................................ 381 Industrial Security Manual for Safeguarding Classified Information, Depart- ment of Defense .................................................................................................... 243 Kulla, Donna, Program Manager, Advanced Sensors Applications Program, Intelligence Systems Support Office ................................................................... 52 Latta, Robert M., Chief Probation Officer, United States District Court, Cen- tral District of California, Los Angeles, CA, letter, December 17, 1998 .......... 378 Lawrence Livermore National Laboratory Website, Radar Ocean Imaging ....... 128 Lee, Peter, letter to Terry J. Hatter, Judge, U.S. District Court, Los Angeles, CA, January 12, 1998 .......................................................................................... 278 Linford, Gary J., letter to Terry J. Hatter, Judge, U.S. District Court, Los Angeles, CA, March 9, 1998 ................................................................................ 299 List of Committee Requests to the Department of Justice and the Attorney General .................................................................................................................. 57 Manella, Nora M., United States Attorney, Central District of California, News Release, March 26, 1998 ........................................................................... 292 New York Times, ‘‘Reports Show Scientist Gave U.S. Radar Secrets to Chi- nese’’; Article, May 10, 1999 ................................................................................ 271 New York Times, ‘‘An Earlier China Spy Case Points Up Post-Cold War Ambiguities’’, article, March 13, 1999 ................................................................ 276 ‘‘OPCA Front Office’’ documents 1, 2, and 3 .......................................................... 91 Raben, Robert, Assistant Attorney General, Office of Legislative Affairs, U.S. Department of Justice, letter, July 17, 2000 ..................................................... 382 Ruby, Cheryl, Acting Assistant Secretary of Defense, Department of Defense, memorandum, ‘‘Possible Espionage Arrest Update’’ ......................................... 256 Shapiro, Jonathan S., Assistant United States Attorney, United States Dis- trict Court for the Central District of California: filing of Plea Agreement, December 5, 1997 .................................................. 257 Government’s Response to Defendant’s Position with Regard to Sen- tencing Factors .............................................................................................
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