13th Annual Conference of Asian Pacific Americans in Higher Education (APAHE)
Westin Hotel, Long Beach
Saturday, March 11, 2000

APAHE Resolution on Dr. Wen Ho Lee
Adopted unanimously on March 11, 2000

Whereas, Dr. Wen Ho Lee, a Chinese American scientist, has devoted his entire professional career in science to the service of his country, the United States, at the Los Alamos National Laboratory, a weapons research facility managed by the University of California under a contract with the U.S. Department of Energy;

Whereas, Dr. Wen Ho Lee was summarily and arbitrarily dismissed from his job by the University of California and Secretary Bill Richardson of the U.S. Department of Energy without due process, immediately following an unfounded allegation published in the New York Times in March 1999 that he was responsible for leaking or transferring nuclear secrets to China;

Whereas, Dr. Wen Ho Lee was subsequently found to be a victim of racial profiling and discriminatory investigation by the U.S. Department of Energy and the FBI, including a rare public acknowledgement by both Attorney General Janet Reno and FBI Director Louis J. Freeh in late September 1999, that only he alone among hundreds of scientists and engineers was targeted for the criminal investigation that led to his dismissal;

Whereas, Dr. Wen Ho Lee was subjected to one year of improper and illegal search and seizure, harassment, and intimidation, including the deployment of 60 computer specialists and 200 FBI agents to keep him and his family, friends and colleagues, under intense 24-hour surveillance;

Whereas, Dr. Wen Ho Lee was subsequently and unjustly targeted for selective prosecution, solely on account of his race, by the U.S. Departments of Energy and Justice, even though the charges finally brought against him on December 10, 1999, the "mishandling of classified data," had nothing to do with his alleged spying for China and even though hundreds, if not thousands, of scientists working in the national labs had routinely done the same thing for which he had been charged;

Whereas, former CIA director John Deutch had been allowed to retain his security clearance and remain free from criminal prosecution, even though he had more seriously compromised the national security of the U.S. than Dr. Lee and had resigned from his position as the director of the CIA;

Whereas, since his arrest and incarceration on December 10, 1999, Dr. Wen Ho Lee had been put under solitary confinement and subjected to unprecedented cruel and unusual punishment while he awaits for his trial now scheduled to begin November 6, 2000, a day before the November 7 presidential election;

Whereas, the arrest and unusually severe punishment already imposed on Dr. Wen Ho Lee without a trial and the sweeping allegations made against all Asian Americans by the Cox Report have had a chilling effect on all Asian Americans in science and technology; and

Whereas, the American Physical Society (APS) and the American Association for the Advancement of Science (AAAS), two prestigious science organizations, have strongly protested the inhumane and cruel treatment of Dr. Wen Ho Lee and expressed their concern over the adverse impact the case has had in attracting the best scientific talents for the nation's labs;

Be it therefore resolved, that the Asian Pacific Americans in Higher Education (APAHE) strongly condemns the mistreatment of Dr. Wen Ho Lee by the University of California, the U.S. Department of Energy, and the U.S. Department of Justice and the practice of racial profiling and discrimination in the national laboratories against Asian American scientists and engineers;

Be it further resolved, that the APAHE sends a letter to U.S. Attorney General Janet Reno, demanding that (1) all charges of "mishandling classified data" against Dr. Wen Ho Lee be dropped; (2) he be released immediately and unconditionally, pending completion of the FBI investigation of all lab employees and former CIA director John Deutch who had similarly mishandled classified data; (3) he be reinstated to his job at the Los Alamos National Laboratory with back pay; (4) a public apology be made to Dr. Lee and his family by Secretary Bill Richardson of the U.S. Department of Energy and Dr. Richard Atkinson, president of the University of California; and (5) the illegal practice of racial profiling of and discrimination against Asian Americans in the labs be terminated immediately;

Be it further resolved, that as long as Dr. Wen Ho Lee continues to be unfairly and unjustly prosecuted and persecuted, the APAHE calls upon all Asian American scientists and engineers not to apply for jobs at the national labs operated under contracts with the U.S. Department of Energy as the most effective protest against the mistreatment of Dr. Wen Ho Lee and against the use racial profiling and discrimination in these facilities; and

Be it further resolved, that the APAHE calls upon all institutions of higher education to hold campus forums on the Wen Ho Lee case and to assess and evaluate their attitude toward and treatment of Asian Americans in their respective campuses, making sure that racial profiling is not in use and Asian Americans are accorded equal and fair treatment in all aspects of campus life.

Resolution introduced by Prof. L. Ling-chi Wang, Chair, Ethnic Studies, UC Berkeley

Gene Awakuni, President APAHE
(Vice President for Student Affairs, Cal Poly, Pomona)

Statement by Robert Gee and Jeremy Wu

On March 11, 2000, the Asian Pacific Americans in Higher Education (APAHE) unanimously passed a resolution that calls for all Asian American scientists and engineers not to apply for jobs at the national laboratories operated under the Department of Energy.

The APAHE call for a national boycott is linked to the case of a former scientist at the Los Alamos National Laboratory who has been indicted with 59 charges that include mishandling of classified data. APAHE calls for the dropping of charges, release, and reinstatement of the scientist and apologies from Energy Secretary Bill Richardson and Dr. Richard Atkinson, President of the University of California, which operates the Los Alamos National Laboratory. APAHE also believes that this boycott will blunt racial profiling and discrimination against Asian Pacific Americans in the laboratories.

As a respected group of Asian Pacific American scholars and administrators of educational institutions, APAHE's views are important, and we believe well intended. Despite this, we find their proposal counterproductive and equivalent to cutting off our nose to spite our face.

We can concur that there are problems in some of the national laboratories. But hanging out an "Out to Lunch" sign with a call for boycott will not resolve them.

Realistically, it is unlikely that the threatened boycott will have any influence on the outcome of the scientist's case. The notion that this type of action could dramatically affect the government's conduct in a judicial process evidences a fundamental misunderstanding of how our system works. A criminal proceeding simply will not be halted out of concern for the workforce diversity of the national laboratories.

As an act of withdrawal, the national boycott represents surrender and retreat in the continuing fight against racial profiling and discrimination in the workplace, denying Asian Pacific Americans opportunities of employment and research, marginalizing their contributions to science and national security, and in no way helping to correct the stigma of Asian Pacific Americans as "Americanized foreigners."

Suppose that the national boycott is totally "successful," virtually eliminating scientists of Asian descent in the national laboratories. Is there a "winner" beyond those who are inclined to practice discrimination in the workplace?

Rest assured, the laboratories will not shut down because of this call for boycott. They will just continue to function with a shrinking Asian Pacific American workforce through attrition and retirements until they are void of the intellectual talents and contributions of the best and the brightest from Asia and their progeny. This in turn can only hurt the Asian Pacific American community, our Department, our national defense, and our country.

Suppose that the national boycott is only partially "successful," resulting in some existing Asian American scientists staying in the national laboratories because they like their jobs or because they have planted their roots in the local community. Who will support them in their continuing fight against discrimination in the workplace? Further, will they be blamed for not supporting the boycott?

Even if the call for a boycott is for naught, damage could still be done. A golden opportunity to advance the Asian Pacific American community would have been lost. Regardless of one's perspective, the Los Alamos incident has galvanized many Asian Pacific Americans to realize the importance of participation to become active members of the American society. This raw energy can broaden our careers, change the stereotype, improve our government, break the "glass ceiling" in the workplace, and produce effective leaders beyond science and engineering. A misdirected action like a failed national boycott will send many in the community into disappointment and back to selective isolation.

Our national laboratories do not belong to the University of California, the Department of Energy, or Energy Secretary Bill Richardson. They belong to the American taxpayers and citizens of our country. As fellow Americans, Asian Pacific Americans should share responsibility for helping them to reform.

The Chinese Exclusion Act was one of the most egregious pieces of racial profiling legislation of our country that stood for more than 80 years. Asian Pacific Americans should not take the same exclusionary action to inflict wounds on themselves.

Community organizations such as APAHE can be invaluable partners to assist the Department of Energy and the national laboratories with a recruitment and retention strategy that would help to alleviate the "brain drain," "glass ceiling," and racial profiling problems.

Out of every crisis, the Asian Pacific American community has always emerged wiser and stronger. We expect to be challenged frequently, but we have not thrown in the towel before. The current situation is no different.

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