Lee’s Prosecution Stirs Congressional Race

Two former prosecutors locked in California’s tightest and most expensive congressional race sparred Monday over whether Atty. Gen. Janet Reno should resign after the controversial prosecution of Los Alamos scientist Wen Ho Lee.

Rep. James E. Rogan (R-Glendale) called Monday for Reno’s resignation for what he said was the U.S. Justice Department’s unequal treatment of Lee. He was jailed for nine months after downloading nuclear defense secrets onto an unsecured computer.

State Sen. Adam Schiff (D-Burbank) said he was disturbed by the way the case was handled and believes there should be an independent investigation into whether federal prosecutors acted improperly. But he said it would be premature for Reno to resign, a spokesman said.

Rogan is a former state prosecutor, and Schiff served as the federal prosecutor who won the conviction in 1990 of former FBI Agent Richard Miller, who spied for the Soviet Union. Both are running for Congress in the 27th Congressional District, where about 8% of the registered voters are Asian American.

The Lee investigation, which critics allege centered on Lee because he is of Chinese ancestry, has sparked a firestorm of criticism, from groups representing Asian Americans to President Clinton, who publicly questioned the performance of his own appointee.

Rogan particularly objected that Lee was held for months in solitary confinement facing dozens of criminal charges, while Reno has not taken the same aggressive stand in pursuing allegations that former Central Intelligence Agency Director John Deutch downloaded highly classified material on unsecured personal computers at his home.

“While Dr. Lee languished in prison, in stark contrast, former CIA Director Deutch spent his days cultivating private sector contacts,” Rogan said. “That Janet Reno’s Department of Justice would allow two men, both accused of similar conduct, to be treated in such stark contrast is shocking.”

Reno initially declined to prosecute Deutch, but later ordered an investigation under pressure from Congress.

Parke Skelton, a spokesman for Schiff, said Rogan’s call for Reno’s resignation was election-year posturing and “a campaign stunt.”

Schiff’s “sense is that the prosecution of Wen Ho Lee was mishandled,” Skelton said. “He was disturbed by how it was handled. But it is unlikely he is going to be participating in Rogan’s campaign stunt.”

Rogan was again portraying himself as a conservative leading the charge against the Clinton administration, as he did as a House prosecutor in the Clinton impeachment proceedings.

The announcement “will have an appeal to some voter groups in the district, particularly Asian Americans who don’t think [Reno] handled it very well,” said Republican political consultant Allan Hoffenblum, who is based in Southern California.

“Obviously he feels this will benefit his campaign in some way,” Skelton said. “But I think all the people who are calling for Janet Reno’s demise are already supporting Rogan. I think it hurts him because he is seen again as focusing on partisan national issues instead of issues in the district.”

Lee allegedly downloaded large volumes of nuclear defense secrets onto an unsecured computer network and portable tapes at Los Alamos National Laboratory where he worked, but denied sharing the information with anyone or intending to use it improperly.

In a plea bargain last week, prosecutors dropped 58 charges and Lee pleaded guilty to one felony charge of illegally retaining national defense information.

Chris Watney, a spokeswoman for Reno, declined to comment directly Monday on Rogan’s call for the resignation, but added, “The plea agreement was good for the country and it was in the best interest of national security.”