Last updated 04 September 2001

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Subject: Wen Ho Lee

Question for the list. Do you think racism has played a role in the Wen Ho Lee case? I am also interested in the coverage that the story is getting around the country and in Asia.

There is a web site for anyone interested in the case:
www.wenholee.org


Subject: Re: Wen Ho Lee

> Do you think racism has played a role in the Wen Ho Lee case?

A lot of people (Asian Americans) think that race is certainly an issue. I personally haven't read the Wen Ho Lee/Cox Report, though, but I feel there is an American paranoia associated with Asian Americans and Asian immigrants.

> There is a web site for anyone interested in the case:
> www.wenholee.org

Here is some stuff I pulled off the website:

News Release
To: News Editor
From: Cecilia Chang, Steering Committee Chair, 510 713-1769, mail@wenholee.org
Date: 12/10/99
Re: Indictment of Dr. Wen Ho Lee

Today, we hear with deep sadness the news that Dr. Wen Ho Lee had been arrested and indicted by the U.S. Department of Justice.

The events swirling around alleged nuclear spying around the nation's sensitive nuclear labs has been going on for over a year. Dr. Wen Ho Lee, an American of Chinese descent, is an unfortunate victim of ethnic scapegoating, and is trapped in a media and partisan frenzy which clearly violates his rights to due process and equal protection under the nation's laws.

We believe, as do Dr. Lee's family, that an innocent man has now become not only a "political scapegoat", but also a "political football" to be kicked around during the rising crescendo of a presidential political campaign season.

Justice was and will not be served by arresting and indicting this innocent man, who did no more nor less than a former director of the CIA, John Deutch. The work rules they accused him of violating, i.e., downloading secret files, have not been uniformly and evenly applied on all similarly situated or positioned individuals, Dr. Lee and John Deutch included.

This is a case of selective prosecution. It is a political prosecution designed to appease a partisan constituency of China bashers, regardless of the truth.

In due time, at the appropriate forum, the evidence will bear out that the arrest and selective prosecution of Dr. Lee is not only insufficient to prove that he did not do what they alleged he did; it will also bear out that but for his ethnicity, that of being an American of Chinese descent, he would not have been targeted and accused of being a spy for China.

Asian-Americans in this country have suffered as a result of this decision by Janet Reno. The prosecution will not stand. Justice ultimately will prevail.

We urge all Americans of conscience to protest collectively our concern over this travesty of justice.

We are concerned and hope that what happened to Wen Ho Lee, and his horrific experience with "ethnic profiling" and invidious treatment will not set a precedent by casting suspicion on the loyalty of all Asian-American scientists and professionals in this country who have, together, contributed so much to the growth and progress of America.

Let it be known that Americans of Asian descent deserve the rights of full citizenship, not second-class citizenship, and that like all Americans, we do not condone illegal or treasonous activity. Clearly, the WHL case does not fall within this latter ambit, and deserves better and more even-handed treatment by all concerned, news media, government, and the public at large.

For detail information regarding the Steering Committee for Dr. Wen Ho Lee Defense Fund please check out www.wenholee.org


Subject: Re: Wen Ho Lee

Have any of you been following the Wen Ho Lee case?

Today's news interviewed some local Asian/Asian Americans who commented that Asian Americans need to learn how to speak out more, and voice their complaints about injustices. Somehow I felt that the JA community especially needed to step up to the task. I would be interested in hearing opinions.


Subject: Re: Wen Ho Lee

> Have any of you been following the Wen Ho Lee case?
>
> Today's news interviewed some local Asian/Asian Americans who
> commented that Asian Americans need to learn how to speak out
> more, and voice their complaints about injustices. Somehow I
> felt that the JA community especially needed to step up to
> the task. I would be interested in hearing opinions.

I strongly agree, and especially JAs should be supportive on these issues. I see a lot of similarities for Chinese Americans with Japanese Americans where one's ethnic background can automatically have their loyalty questioned (i.e. communist spy) and put in prision without sufficient proof. (Sounds very familiar.) I heard, though, that Wen Ho Lee made a deal to drop allegations of "racial profiling" against his prosecutors as part of his release.

However, I haven't heard too many JAs speaking out on this issue, have you? Maybe I've been missing it, but haven't seen their statements in news articles. During the DNC events last month there were a lot of JA and other Asian Am politicians in L.A., but Bob Matsui was maybe the only one I remember who mentioned anything about Wen Ho Lee.


Subject: Re: Wen Ho Lee

> Have any of you been following the Wen Ho Lee case?
> Today's news interviewed some local Asian/Asian Americans who
> commented that Asian Americans need to learn how to speak out
> more, and voice their complaints about injustices. I felt that
> the JA community especially needed to step up to the task.

The JA community did step up to the plate on the Wen Ho Lee case. The JACL had an active voice. The website JA Voice had a lot of information, and many JA organizations asked individuals to write a letter of protest.

The Wen Ho Lee case was the worst case of racial profiling at a national level and makes me once again think, "Racism isn't gone."


Subject: Re: Wen Ho Lee

> The JA community did step up to the plate on the Wen Ho Lee case.
> The JACL had an active voice. The website JA Voice had a lot
> of information, and many JA organizations asked individuals to
> write a letter of protest.

Thanks for this info. This is encouraging. I did find a Web page dedicated to his case. It seemed like most of the noises came from the Chinese American community, with a few JA organizations, too. I was wondering why local Asian Studies professors were saying on the news that Asian American needed to learn to speak out. I guess the word has to be reinforced.


Subject: Re: Wen Ho Lee

> It seemed like most of the noises came from the Chinese
> American community, with a few JA organizations, too.

Check out the very beginning of the article "In Asian America," Tamar Jacoby's very conservative take on Asian Americans in the July/August issue of Commentary. The first paragraph relates a planned protest on a California campus about the Lee case -- apparently only a handful showed up, a small fraction of the total the organizers had predicted, and so Jacoby assumes that this proves that Asian Americans are unwilling to engage in protest. Of course Jacoby also implies the Lee case isn't worth protesting. But apparently the impression of AA uninvolvement is widespread.


Subject: Re: Wen Ho Lee

> Apparently the impression of AA uninvolvement is widespread.

Perhaps the "way" Japanese/Asian Americans engage in protest is different from the mainstream, and you don't necessarily have to picket in the streets to be heard. I don't feel the average mainstream American out there is all that politically active either.

I guess, it might depend on the issue, how desperate or passionate you are, and how you want to draw attention to it. Myself, I would more likely write a support letter in the comfort of my home, than be out in the mean city streets. But if an issue got me mad enough, who knows? What would you do? The Wen Ho Lee case did strike something familar, though -- I am not sure if it is because he was also Asian or because I also once worked on defense research. I was required to do a low-level security clearance, and my fingerprints and records are probably on file somewhere with the FBI, but the thought that others might question my American loyalty or suspect me just because of my Asian ancestry did cross my mind.

I do think, though, that many Asians seem more outwardly reserved. It could be how we're raised and our families. One friend says it is the "JA silence thing" -- it was a big issue for some JAs to even talk about the injustice of the internment camps. I am not a psychologist, but there is something very complicated at work.

As Americans, we have that right to speak and express, but I'm sure many first-generation Asian immigrants come from countries where there also could be severe consequences for speaking out against the government or powers that be. But that could happen in the U.S. as well, and not everyone wants to be a martyr.

Just my rambling thoughts ...


Subject: Re: Wen Ho Lee

> Have any of you been following the Wen Ho Lee case?
> Today's news interviewed some local Asian/Asian Americans who
> commented that Asian Americans need to learn how to speak out
> more, and voice their complaints about injustices. I felt that
> the JA community especially needed to step up to the task.

The Wen Ho Lee case angered me a lot. Even from the start, it seemed like the governmment wanted to find a scapegoat to show they were doing something about their failed security measures.

I think he was treated poorly and I have signed online petitions protesting this. However, what he actually did isn't clear to the general public, including Asian Americans. If he did do something that was just 'stupid' but relatively harmless, why wasn't this brought to light sooner? I wonder if a lot of Asian Americans are not sure how to act because they just don't know the facts. Of course, it is our responsibility to try to find out what really happened, but I wonder if the lack of protest is because we don't know what actually happened, so don't want to commit to something in case he really was guilty of the charges.

I am not sure how you would remedy this kind of problem, but I think more easily accessible information of the true facts would help.


Subject: Re: Wen Ho Lee

> What [Wen Ho Lee] actually did isn't clear to the general public,
> including Asian Americans. If he did do something that was just
> 'stupid' but relatively harmless, why wasn't this brought to
> light sooner? I wonder if a lot of Asian Americans are not sure
> how to act because they just don't know the facts.

I kind of agree, and it's sort of the situation with many minority issues. One doesn't hear that particular side of the story mentioned very much in the mainstream news (especially if you just stick to the local paper or TV). Therefore you don't know about it, and therefore you don't care, or know what one should be doing. So maybe this is where the Internet and the ethnic press/journalists can and should come in to help bring light and balanced coverage to these more JA/Asian American-specific community issues ...


Subject: Re: Wen Ho Lee

> Perhaps the "way" Japanese/Asian Americans engage in protest
> is different from the mainstream, and you don't necessarily have
> to picket in the streets to be heard ... many Asians seem more
> outwardly reserved.

Interesting thread...

I (a sansei) have just returned from Tokyo and Hong Kong. While in Tokyo, there were protests going on over the islands being claimed by Russia and Japan. Being more from the 1960/1970s generation and witness to the street protests in Berkeley, it was different to see Japanese-style protests.

There seems to be quite a bit of emotion in this issue. The protesters paraded for days in their well-crafted buses and trucks outfitted with loudspeakers and extolling their position (in Japanese -- I'm afraid I could not understand much!) They were very strategic in their protests, picking out the Ginza on the weekend and office building areas during the business day.

Comments from within the office buildings ranged from sympathy to discussion of "radicals". Hmm.

Interesting how the Japanese "Civil Defense" (Army) chose to also conduct emergency disaster maneuvers that weekend in areas where the protesters were driving.

Throughout all of it, people maintained a respectable distance and did not get emotions to a physical state. Many just tried to ignore it and go about their business.

Jus' ramblin' too....


Subject: Re: Wen Ho Lee

I (a Japanese national in Japan) just read an article about Wen Ho Lee in yesterday's Yomiuri Shimbun. It says that after he made a deal ("shiho torihiki" in Japanese), he was released and the truth about this case remains unclear.

Today, I also happened to read an article about Tokyo War Crimes Trial after WW2. It was part of a series titled "Nipponjin no Kioku-20 seiki (Memory of Japan in the 20th century)". It reveals the untold truth of the case called "Taiwan Gunritsu Kaigi jiken" and I found it was a kind of similar situation in the Wen Ho Lee case.

Mr. Koike was a "houmu chuui (the person who was in charge of judicial affairs of war)" who punished the American war criminals who indiscriminately bombed schools and hospitals in Taiwan. He was later prosecuted for "contributing to the illegal murder of POWs with false evidence." He contined to deny "illegal punishment of POW" becase the punishment of the indiscriminate attackers conformed to law which was to be universally applicable. The American side had evidence from an ex-American POW that supported Mr. Koike, so they knew this case was illegal punishment and should not have been prosecuted, yet they offered him a deal (shiho torihiki): admit the charge, in exchange for reducing his prison term to 3 years. But he would not have been prosecuted in the first place, if the fact that America made an indiscriminate attack against Taiwan had been disclosed.

In this period of history, there was an apparent double standard in justice applied to the Japanese but the Japanese side had no power and no voice against injustice. There seem to be a lot of similar cases in history, if we look into it.


Subject: Re: Wen Ho Lee

> But he should not have been prosecuted in the first place,
> if the fact that America made an indiscriminate attack
> against Taiwan was disclosed.

Hmmm ... I don't remember the details of the Koike case, but this logic seems strange. At the risk of invoking the old "Two wrongs don't make a right" plea, let's compare. Philip Nobile, who vehemently argues that American bombings (atomic and otherwise) of Tokyo, Hiroshima, Nagasaki, and Dresden were vicious war crimes that should make Truman punishable, still argues that the Nazis and the Japanese Imperial Army ALSO committed terrible war crimes and were rightly punished. This isn't to say that justice was done in every single case, and that some real criminals didn't elude prosecution, but you cannot claim one war criminal's innocence just because his enemy is also a war criminal.


Subject: Re: Wen Ho Lee

> > [Koike] would not have been prosecuted in the first place,
> > if the fact that America made an indiscriminate attack
> > against Taiwan had been disclosed.
>
> Hmmm ... I don't remember the details of the Koike case, but
> this logic seems strange ... you cannot claim one war criminal's
> innocence just because his enemy is also a war criminal.

True. I understand what you are saying. My translation of the article in my post was incomplete and could not show you the nuance of the whole article. I wish you could read the Yomiuri Shimbun article, or that I could be more proficient in translating it into English.

Anyway, what I wanted to say, as a lay person who doesn't know much about WW2, was that I found similarities between Koike's shiho-torihiki and Wen Ho Lee's shiho-torihiki. An individual in a weak position is suspected and apprehended with insufficient cause, a reason for which a majority person usually would not be picked up. In the end, the weak individual has to surrender to a big story line, under the name of **shiho-torihiki** .

In Koike's case, American public opinion, or the sentiments of the deceaseds' families , was the big story line, and according to the article, the American side had once confessed that American public sentiment made pardoning Koike an impossible option. Koike had to accept the offer of **shiho-torihiki** against his will, without any other better choices.

I don't know the Koike case or the Wen Ho Lee case in detail, but when I read the newspaper articles about both cases, it was my casual impression that they had similarities.


Subject: Re: Wen Ho Lee

> Do you think racism has played a role in the Wen Ho Lee case?

An interesting development in the Wen Ho Lee case:

Lee Probe Not Racist, Report Says
http://www.washingtonpost.com/wp-dyn/articles/A45432-2001Aug7.html">
- Investigators did not target former Los Alamos nuclear scientist Wen Ho Lee based on his ethnicity, according to a classified report that otherwise criticizes certain federal agencies' conduct

Special Report: Wen Ho Lee and Los Alamos http://www.washingtonpost.com/wp-dyn/nation/specials/nationalsecurity/chineseespionage/index.html


Subject: Re: Wen Ho Lee

> Lee Probe Not Racist, Report Says
> http://www.washingtonpost.com/wp-dyn/articles/A45432-2001Aug7.html">
> - Investigators did not target former Los Alamos
> nuclear scientist Wen Ho Lee based on his ethnicity,
> according to a classified report that otherwise
> criticizes certain federal agencies' conduct

I feel it's been an ongoing controversy with this case.

There were some sworn testimony from others that it was based on race/ethnicity (if I remember correctly). Also I recall hearing something about Wen Ho Lee's plea bargin as part of his release from jail to give up certain rights information/evidence that he was a victim of selective prosecution due to race. I'm not a lawyer, so I didn't quite understand the details.

Does anyone know? To me, if he wasn't of Asian ancestry, what else made him a suspect linking him to China besides copying some data files? (Am I missing something?)

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