A couple of weekends ago, we urged the Justice Department to restore the rule of law to the protection of classified information by enforcing the Espionage Act as it is written, rather than as it was distorted in the Hillary Clinton emails investigation. That appears to be happening.
On Tuesday, the Justice Department announced the arrest of a former CIA officer on a felony charge of unlawfully retaining classified information. Jerry Chun Shing Lee (a/k/a “Zhen Cheng Li”) is charged in a complaint with one count of unlawfully retaining classified information, a felony carrying a potential ten-year prison sentence.
Sneak and Peek
There is surely more going on here than meets the eye. Lee, a naturalized citizen, lived in Hong Kong after retiring from the CIA in 2007, at the age of 43. An Army veteran, he had worked for the agency for 13 years as a case officer in various overseas postings. His missions required top-secret clearances, which were terminated as a matter of course when he left the CIA.
Five years later, he decided to move his family back to the United States, to live in Northern Virginia. By then, whatever he had been up to since leaving the agency — activities that are not described in the affidavit supporting the arrest complaint — had drawn intense government interest. En route to the mainland U.S. from Hong Kong, he and his family stopped in Honolulu for several days. There he was the subject of physical surveillance by the FBI. Moreover, the bureau and the Justice Department had obtained a search warrant for his hotel room — meaning they must have suspected him of serious wrongdoing before he ever got to Hawaii.
The search warrant was of the “sneak and peek” variety. Such warrants allow agents to enter the premises covertly, look around, and take pictures. The agents normally do not seize anything, however, even though they are not forbidden to do so, because they want the subject to remain unaware that he is being watched. It is a technique used when the government sees an opportunity to confirm suspicions while also continuing the investigation. This way, they can keep surveilling the suspect, take note of whom he meets with, and figure out if there is a criminal conspiracy — which, in a case like this, might well involve espionage. On that score, it would be interesting to know what Lee’s overseas postings were and how much they may have involved, for example, interaction with Chinese intelligence.