IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

UNITED STATES OF AMERICA,
Plaintiff,

v.                                             		Criminal No. 99-1417 

WEN HO LEE,
Defendant.

DECLARATION OF HAROLD AGNEW

I, Harold M. Agnew, do hereby state:

1. I have spoken with lawyers for Dr. Lee, who tell me that Dr. Paul Robinson testified today, in substance, (1) that he told me when he called that he intended to repeat my comments in court; (2) that I told him that I had no idea what was on the tapes; (3) that I had a narrow view of the global strategic balance based on the notion that no matter what other countries developed in the way of nuclear weapons, the global balance would not be altered; (4) that, because I left LANL in 1979, I am not familiar with the two-dimensionsl codes in use during the 1993 through 1997 period, and (5) that Dr. Robinson implied that I had backed away from my earlier conclusions.

2. What Paul said is a bunch of bull. First, although it doesn't matter to me, he didn't tell me he was calling for the purpose of repeating what I said in court. He told me that he wanted to "understand my position" and that he had some lawyers on the phone with him. Second, I assumed when I signed the declaration that the codes in question were our U.S. nuclear weapon design codes. I told Paul that I don't know which specific codes are at issue, but I am fully aware that Paul and others believe that the tapes contain our principal two-dimensional design codes. Third, I do not take the narrow view of the global strategic balance that Dr. Robinson attributed to me, although I do believe that the U.S. nuclear superiority is one of the factors to be considered regarding the balance. Fourth, while I was at LANL, I along with many other scientists oversaw the basis for the design of the W-88. I had extensive experience with two dimensional codes and remain familiar with their uses and characteristics. Since I left LANL I have remained involved in the field, and my work has included advising the United States Congress and was a member of President Reagan's and Bush's scientific advisory panel.

3. Finally, I have not backed away from the conclusions stated in my May 27, 2000 declaration. I re-signed my original declaration with my opinions under penalty of perjury, and the declaration I signed contained my views.

I declare under penalty of perjury that the foregoing is true and correct. Executed on August 16, 2000.