Bill Richardson

Spies and lies

Scientist Wen Ho Lee passed a polygraph test, but the feds want to depend more on them to detect espionage.

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Of the many ironies apparent in the flap over China’s nuclear spying, none is so glaring as the government’s plans to rely more heavily on lie detectors to root out future moles — even though Wen Ho Lee, the Chinese-American scientist suspected of supplying nuclear weapons secrets to Beijing, passed a polygraph test in November 1998.

A close second on the irony-meter is official Washington’s professed alarm over Beijing’s espionage, when it was the CIA’s own spy inside China who first showed up with evidence that U.S. nuclear arms laboratories may have been penetrated. In yet another twist, the CIA eventually decided that its Chinese spy was actually a double agent under Beijing’s control.

Despite months of investigation and partisan recriminations over who’s responsible for the alleged success of Chinese espionage, which extends over four administrations reaching back to Jimmy Carter, no one has yet been arrested. Only one outcome is already clear: Untold millions of dollars are going to be spent to bolster security at government arms labs — well after China has already acquired U.S. weapons designs.

Among the measures will be a dramatic expansion of employee polygraph tests, even though their reliability has come under increasing scrutiny in recent years.

Wen Ho Lee was not the only alleged spy to pass a lie detector test. Other notorious moles who beat the machine include Aldrich Ames and Larry Wu-Tai Chin, another Chinese American spy. Ames was Moscow’s agent inside the CIA for eight years, until he was caught in 1995. Larry Chin, a 20-year intelligence analyst, spied for Beijing for untold decades until he was arrested in 1985. Both, as well as Wen Ho Lee, first passed, and then eventually failed polygraphs, but only after mountains of other evidence had been compiled against them. Chin committed suicide in jail before he was tried. Scores of the CIA’s Cuban agents, who turned out to be really working for Fidel Castro, also fooled U.S. government polygraphers for years. The same happened with CIA spies dispatched to the Soviet Union and North Vietnam. In most cases they were given, and passed, polygraph tests.

“Well, they don’t work,” Ames told retired Sen. Dennis Deconcini, D-Ariz., chairman of the Senate Intelligence Committee. An FBI polygrapher once told a scientific conference he could teach his teenage son how to beat the machine “in a few minutes.”

Wen Ho Lee’s case seems to come right out of the pages of John Le Carre. In 1978 the diminutive China-born scientist was hired by the Los Alamos Laboratory, where the atomic bomb was born in 1945. Sometime in the early 1980s, according to reports, he began helping the FBI on at least one case of suspected espionage. In 1987 Lee’s wife, Sylvia, a secretary at Los Alamos, herself became an informant for the FBI, providing information on visiting Chinese delegations. During this time her husband traveled to China to give scientific lectures on U.S. arms developments.

The FBI, meanwhile, had suspected that U.S. nuclear warhead secrets were leaking from Los Alamos for a while. In 1997 it began to zero in on Lee, and asked the Justice Department for permission to wiretap Lee, but was rebuffed. In November 1998 Lee was given, and judged to have passed, a polygraph examination. Subsequently, counterintelligence agents got more information on Lee and in February 1999, when he was polygraphed again, he failed.

Despite mixed results in this and other high-profile cases, the U.S. Senate Defense Authorization Bill includes funds for expanding polygraph tests to 20,000 employees of the Department of Energy, where the China spying flap is centered.

Responding to the exploding China spy scare, C. Bruce Tarter, Director of the Lawrence Livermore National Laboratory of the University of California, on May 5 told Congress that its plans to protect itself from future threats would “focus primarily on the need to expand the DOE’s current polygraph program …”

This despite Senate testimony from a senior FBI scientist that the tests were virtually no better than tea leaves, Ouija boards, and witchcraft in ferreting out spies. The tests have “a complete lack of validity,” testified Supervisory Special Agent Drew C. Richardson. The government’s reliance on them may actually endanger national security, he said.

“I believe that there is virtually no probability of catching a spy with the use of polygraph screening techniques,” Richardson, a Ph.D. physiologist, testified. “To the extent that we place any confidence in the results of polygraph screening, and as a consequence shortchange traditional security vetting techniques, I think our national security is severely jeopardized,” he added.

For the first time, the views of Richardson and other polygraph skeptics in the scientific community are being heard. Last week the Senate Intelligence Committee asked the FBI and CIA to “come up with alternatives to polygraph testing” within 90 days, according to committee spokesman Bill Duhnkey.

“Given the potential unreliability of the polygraph system, the committee believes the alternatives to the polygraph should be explored,” the committee reported on May 11.

“I don’t think they know yet what the alternatives are,” said a government scientist who follows the issue closely. “They just know the polygraph is screwed up.” The committee’s directive, however, won’t affect the DOE’s plans to expand its reliance on polygraphs.

Sen. Charles Grassley, R-Iowa, a severe critic of FBI laboratory practices, has also been examining reported abuses in the FBI’s polygraph screening program for employee applicants, with an eye toward hearings.

Polygraph alternatives include full background checks of employees and closer monitoring of travel and spending habits. An FBI study of convicted espionage felons, called Project Shadow, also recommended co-workers take note of dramatic personality changes in their colleagues, due to divorce or being passed over for promotion. Better control of classified information is also a more effective way to reduce vulnerability to spies than polygraph tests, and specialists say agencies must work harder to limit access to secrets to employees to with a genuine need to know. Ironically, many security experts say the government should drastically curtail the number of documents it classifies, to make sure harmless information isn’t being treated with the time-consuming care that true secrets deserve.

Counterintelligence agents were appalled by the loose security at Los Alamos and other labs, according to reports, with classified papers strewn about desks and uncleared visitors frequenting the installation.

“Some feel Wen Ho Lee was not guilty of anything, that he’s a scapegoat for a sloppy environment, and that various minor security allegations were trumped up against him,” said a government agent whose expertise is unchallenged. “The polygraph really didn’t support anything one way or another.” While his take on Lee’s culpability could not be corroborated, it was a sign that there is skepticism about the Lee case even within the security community.

Meanwhile, the difficulty of nailing moles with the polygraph is compounded when foreign nationals are involved, experts agree. The emotional pull of the homeland tends to skew answers to certain questions.

“You don’t ask an ethnic: Are you loyal to a government other than the United States?” a retired deputy chief of counterintelligence for the FBI told Salon. “In fact, that’s one the agency [CIA] used to ask. Most ethnics will flunk that, because if they’re first-generation ethnics, they have ties to the homeland, even if they’ve fled. The question shouldn’t be if they’re loyal to a country, but if they’re working for another country’s government.”

Further complicating the security challenge is the fact that Chinese-American scientists may not know they are helping Beijing’s spies when they hand over scientific papers. Chinese intelligence also sends “sleeper agents” to the United States, such as college students, where they may remain dormant for years before being activated, a CIA source said.

Polygraphs can also boomerang on innocent employees, tie an agency’s security personnel in knots, and end up giving employers a legal and public relations headache. As Salon reported exclusively last June, a 28-year-old CIA lawyer named Adam Ciralsky was put on paid leave last year after flunking an agency polygraph even though he had passed three previous tests. His lawyer, former Justice Department Nazi hunter Neal Sher, is preparing a suit against the CIA.

Scientists outside the close-knit brotherhood of polygraph operators say the only way a “lie detector” can be completely reliable is when a suspect is being interrogated about information only he and the investigators could know — the combination to a safe, say, or a closely held code word.

Meanwhile, no one is yet predicting the fate of Wen Ho Lee, the figure at the center of the scandal, who was suspended from his job at Los Alamos after classified documents were found in his private computer files. He has not been charged with anything.

In all the hue and cry over allegations in the Cox Report, it has largely gone unnoticed that evidence of Beijing’s theft of U.S. nuclear secrets came in the form of a Chinese document that fell into the hands of the CIA. According to a New York Times account, the document was in a “suitcase” full of material handed over by a Chinese spy who “walked into the CIA’s arms” in Taiwan. Later, however, the man was judged to be under the control of Beijing. Puzzled CIA experts don’t know what to make of the incident, but they still regard the document as genuine.

In yet another irony relevant to the case, little notice was taken recently of a security violation similar to Lee’s by one of the CIA’s own past chiefs. Agents making a routine inspection discovered the home computers of former CIA Director John M. Deutch filled with classified documents that he was unauthorized to possess. A referral was made to the Justice Department, which declined to prosecute.

Closer to home, the Washington Post reported recently that the CIA itself had unloaded scores of its own laptops for sale — while they were still filled with CIA documents. One of the newspaper’s columnists is running a tongue-in-cheek contest for readers to guess what was in the files.

Jeff Stein is the coauthor, with Khidhir Hamza, of "Saddam's Bombmaker: The Daring Escape of the Man Who Built Iraq's Secret Weapon." He writes frequently for Salon on national security issues from Washington.

Richardson — not charged, but not exonerated

A U.S. attorney pours cold water on the New Mexico governor's celebration

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The cloud that’s been hanging over New Mexico Gov. Bill Richardson recently, and cost him his shot at being Commerce secretary, appeared to be lifted yesterday. That’s when the Associated Press broke the news that Richardson won’t face charges stemming from a federal probe of pay-to-play allegations. Now, the cloud is back.

On Thursday, a Richardson spokesman, Gilbert Gallegos, took a little victory lap, saying in a statement that the governor is “gratified that this yearlong investigation has ended with the vindication of his administration.”

That’s not the way the U.S. attorney sees it, though. Greg Fouratt sent a letter to defense attorneys, the AP reports, in which he said the fact that no charges were filed “is not to be interpreted as an exoneration of any party’s conduct.” He also said the investigation “revealed that pressure from the governor’s office resulted in the corruption of the procurement process.”

It’s not great form for a prosecutor to be talking guilt out of court when there weren’t even any indictments, but that’s not likely to matter politically. Rather than being able to go on from here free and clear, Richardson will have to deal with that letter hanging around his neck for some time.

In another statement, this one released Friday, Gallegos said Fouratt’s letter “is wrong on the facts and appears to be nothing more than sour grapes.”

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Alex Koppelman is a staff writer for Salon.

Richardson won’t face charges in federal probe

The New Mexico governor was part of an investigation into a pay-to-play scheme

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New Mexico Gov. Bill Richardson appears to have successfully weathered the federal investigation that cost him a spot as secretary of Commerce. The Associated Press reports that Richardson and former top aides will not be charged in the investigation, which was looking into an alleged pay-for-play scheme.

Decisions about charging high-ranking political figures are generally made in consultation with main Justice back in Washington, D.C., which typically has final say. That appears to be what happened here, as the AP reports the decision “was made by top Justice Department officials.” The AP’s source doesn’t appear to be happy about it, saying, “It’s over. There’s nothing. It was killed in Washington.”

Alex Koppelman is a staff writer for Salon.

Bill Clinton to the rescue

The former president's trip may be successful in securing the release of two American journalists

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Update: Clinton’s mission was successful, and Kim Jong Il has pardoned the two journalists. See this post for more.

In a surprise visit, former President Bill Clinton arrived Tuesday in Pyongyang, North Korea, to meet with the isolated nation’s leader, Kim Jong Il. While North Korea’s nuclear program and recent spate of missile tests have caused growing consternation around the world, the main purpose of Clinton’s trip was to negotiate for the release of two U.S. journalists currently imprisoned there.

ABC News is now reporting that Clinton also met with the jailed reporters, Laura Ling and Euna Lee. A government source described the meeting as highly emotional but told ABC that those on Clinton’s team in North Korea are hopeful the journalists could be released as early as tomorrow.

Clinton has a loose connection to the jailed reporters. Both work for Current TV, a news and media venture headed by Clinton’s former vice-president, Al Gore. Ling and Lee were arrested on the border between North Korea and China in March. In June, they were sentenced to 12 years of hard labor for what North Korea said was their illegal entry into the country, as well as engaging in undefined actions deemed hostile to the communist country.

The White House has thus far remained reserved when discussing Clinton’s trip. North Korean media said Clinton shared a message from President Obama, but White House Press Secretary Robert Gibbs released a statement in which he said, “While this solely private mission to secure the release of the two Americans is on the ground, we will have no comment … We do not want to jeopardize the success of former President Clinton’s mission.”

However, Sen. Lindsey Graham, R-S.C., seemed somewhat confused by the decision to send Clinton. On the “Today” show this morning, he said of Clinton’s visit that “I don’t know what this is,” though he expressed hope that the visit could lead to progress on limiting North Korea’s nuclear arsenal.

 

There is a long history in the U.S. of notable political emissaries traveling across the globe to try to free hostages.

Perhaps the most memorable diplomatic mission was the Rev. Jesse Jackson’s 1999 trip to Belgrade to ask for the release of three U.S. soldiers held as prisoners of war by then Yugoslav president (and war criminal) Slobodan Milosevic. The trip was controversial because Jackson made the journey without the blessing of the Clinton White House. That he actually convinced Milosevic to release the soldiers after the Clinton administration had been unable to do so made Jackson’s fame as a hostage-release negotiator grow. The civil rights leader has worked as a diplomat in similar circumstances numerous times over his career: He was able to get hostages released from Syria in 1984, from Cuba in 1987 and from Kuwait and Iraq in 1990 — all without official presidential or congressional approval.

New Mexico Gov. Bill Richardson, who had been discussed as a possible liaison to negotiate the return of Lee and Ling, brokered the release of U.S. hostages from North Korea in the 1990s. Richardson has also helped secure the release of hostages from Iraq, Cuba and Sudan and most recently met with Venezuelan President Hugo Chavez to seek his support in getting a Colombian Marxist guerrilla group to release three U.S. contractors they’ve detained since 2003. Colombian commandos eventually freed the hostages, along with Ingrid Betancourt, in June 2008.

And in one of the most embarrassing hostage situations the U.S. ever faced, President Jimmy Carter proved unable to negotiate with Iran for the release of 52 Americans held after the overthrow of the shah during the Iranian revolution. A daring military operation to free the hostages also failed. Iran eventually released the hostages once President Ronald Reagan took office. Later in his presidency, Reagan suffered a major political scandal when it was revealed that his administration had sold arms to Iran in an attempt to gain the release of seven American hostages being held in Lebanon by Iranian terrorists.

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Vincent Rossmeier is an editorial assistant at Salon.

Will third time be the charm at Commerce?

Former Washington Gov. Gary Locke is reportedly President Obama's new choice to head the department.

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President Obama struck out with his first two picks for Commerce secretary, as both New Mexico Gov. Bill Richardson and Sen. Judd Gregg (R-N.H.) withdrew their nominations for the post. Now, he’s reportedly hoping to do better with a fairly obscure choice — former Washington Gov. Gary Locke.

Locke, who left in office in 2005, served two terms and opted not to run for a third; he was the first Chinese-American governor in U.S. history.

Alex Koppelman is a staff writer for Salon.

Richardson speaks

The New Mexico governor explains his decision to drop out of the running to be commerce secretary, and says his political career isn't over.

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One day after the sudden announcement that New Mexico Gov. Bill Richardson’s nomination to be commerce secretary was being withdrawn, Richardson offered additional details during a press conference. It did not go off without a hitch.

Richardson maintained that the decision to withdraw was his, and said he came to make that choice because an investigation into state contracts given to CDR Financial Products Inc., whose president is a Richardson donor, had gone on longer than he expected it to — he’d hoped it would be done in December, removing the cloud from over his head before confirmation hearings were to begin. The governor said, as he had in a statement on Sunday, that the country couldn’t afford any delay in confirming a new head for the department. “Sometimes your own dreams and plans must take a back seat to what is best for the nation,” he told reporters.

Still, Richardson made clear that he doesn’t believe this is the end of his political career. Referencing a statement from Barack Obama in which the president-elect said he “look[s] forward to his future service to our country and in my administration,” Richardson said, “I still believe I have a future in public service.”

There was one odd note Monday afternoon. When one reporter asked Richardson — who’d previously said he would not take any questions related to the CDR investigation — whether he had a lawyer, the governor responded, brusquely, “I am not getting into any more questions,” and the press conference was over.

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Alex Koppelman is a staff writer for Salon.

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