Federation of American Scientists
1717 K Street NW, Suite 209
Washington, DC 20036

June 3, 2003

U.S. Department of Justice
Office of Information and Privacy
Flag Building, Suite 570
Washington, DC 20530

Dear Sir/Madam:

This is an appeal of the initial denial of my Freedom of Information Act request for a copy of the Office of Professional Responsibility (OPR) report of investigation of the Wen Ho Lee case. My initial request was dated February 25, 2003. The letter of denial was dated May 29, 2003. A copy of the denial letter is enclosed.

The grounds for appeal are as follows:

1. There is a compelling public interest in release of the OPR report.

The OPR report on the Wen Ho Lee case was initiated in response to public controversy surrounding the conduct of the case. Attorney General Reno publicly announced the OPR investigation on September 20, 2000. The White House promised that its results would be publicly released.

Thus, then-White House press spokesman Joe Lockhart referred to the OPR investigation and stated at a September 22, 2000 press briefing: "…the American public should look forward to an accounting there and I think that will be done."

To withhold the report now in its entirety would be an act of bad faith.

2. Partial release of the OPR report should be feasible.

A previous Justice Department investigation of the earlier phases of the Wen Ho Lee case -- the Atttorney General's Review Team on the Handling of the Los Alamos National Laboratory Investigation (the "Bellows Report") -- was successfully reviewed to redact properly classified information, privacy data and other exempt materials, and it was released in substantial part in December 2001.

The fact that the Bellows report, which encompasses the identical issues addressed in the requested OPR report and more, could be declassified and disclosed strongly suggests that the same thing should be true with respect to the OPR report.

Yet the OPR report has been denied in its entirety.

3. Release of Segregable Unclassified Portions is Required

As you know, the release of reasonably segregable unclassified portions of the requested document is required under the FOIA. The failure to disclose any portions at all suggests that an inadequate review of the requested document was performed.

* * *

For the above reasons, I request reconsideration of the initial denial of the requested report. The requested report is of sufficient public interest that it would be my intent to seek judicial review of its withholding if timely reconsideration is not forthcoming.

Thank you for your assistance.