San Francisco's Encounter Books is enmeshed in a government review over its book about Wen Ho Lee, a review that the publisher increasingly feels is unnecessary, unfair and possibly even illegal.
The title, Code Name Kindred Spirit by Wen Ho Lee whistleblower Notra Trulock, was supposed to be available at BEA, but publisher Peter Collier pulled it, saying he didn't want to put the author in jeopardy. Publisher and author have moved to take legal action, with the hiring of Washington lawyer Mark Zaid, an intelligence specialist.
In February, Trulock, former intelligence and counterintelligence head of the Department of Energy's nuclear facilities, sent a galley to the agency, under the impression that the government had 30 days to review a manuscript by an intelligence officer, all of whom sign non-disclosure agreements.
But what all assumed would be a quick review has become far more complicated. Trulock and Collier heard nothing from the DOE for nearly six weeks, then learned the review period had been extended by 15 days. Inquiries were met with silence for several more weeks, and last week the two found out the book had been designated classified and had been sent on to the National Security Agency. Collier and Trulock have not been able to extract further information. PW's call to Department of Energy director of intelligence Larry Sanchez had not been returned by press time.
Wen Ho Lee was the Los Alamos scientist charged with handing over plans for the W-88 nuclear warhead to the Chinese. After the case against him began to fall apart, he pleaded guilty to only one (of 59) charges and was released. Trulock had been a key witness for the DOE and, later, for the FBI and the Justice Department, in the case against Lee.
However, in an affidavit in the Wen Ho Lee case, Charles Washington, former acting director of counterintelligence at Energy, stated, "I believe that Mr. Trulock improperly targeted Dr. Lee due to Dr. Lee's race and national origin."
Collier had hoped to resolve the situation before BookExpo and sent employees with galleys to the show, but decided at the last minute not to go ahead. "I would publish the book if it only meant putting me in jeopardy," he said. "But I don't want to put my author in jeopardy."
Trulock said he feels helpless and angered by the vetting process. "I think it's an outrageous prior restraint of free speech," he said. "I don't feel I signed away my First Amendment rights when I went to work for the intelligence community." He maintains that he did not give away classified information in the book, and that the government's actions are very likely motivated by a fear of embarrassment.
Collier said he still hopes to publish soon, but believes his hands are tied.
