Wen Ho Lee

December 8, 1999
Web posted at: 3:25 a.m. EST (0825 GMT)

WASHINGTON (CNN) -- CNN has learned that Attorney General Janet Reno may be nearing a decision on whether to indict former Los Alamos scientist Wen Ho Lee for allegedly mishandling classified information.

Reno met with senior White House officials and Energy Department officials over the weekend to discuss the case.

Justice Department officials are wrestling with whether to charge Lee with violations of the Atomic Energy Act, namely illegal transfer of documents or gross negligence.

Although prosecutions on such matters have been extremely rare, some FBI officials have argued for action because of the extreme sensitivity of the information Lee allegedly mishandled, primarily the transfer of legacy codes, the nation's most sensitive nuclear codes.

While FBI officials cannot prove Lee gave the information to anyone, they point to a number of suspicious facts which they say may show gross negligence.

As CNN first reported several weeks ago, Lee apparently cannot account for at least one computer tape with the nuclear code information.

According to officials familiar with the investigation, Lee also allegedly downloaded information from a secure computer to a non-secure computer on several occasions.

Lee supporters point out that such prosecutions are rare and they argue that Lee was singled out mainly because he's Asian American. They also point to a former counterintelligence official at Los Alamos who has criticized the investigation of Lee.

Lee, who has since been fired from his Los Alamos post, has not been charged with any crime and has steadfastly denied any wrongdoing.

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