As more facts emerge about the actions of former CIA chief John Deutch, the actions taken against Dr. Wen Ho Lee take on a new coloration. A careful listing of the similarities and differences in the two proceedings is instructive. PNS commentator George Koo is an independent business consultant, former Chairman of Silicon Valley based Asian American Manufacturers Association, a Human Relations Commissioner of Mountain View, Ca. and a member of Committee of 100, a national organization of prominent Chinese Americans.

Recent revelations allow a detailed comparison of the cases of two men accused of breaching national security, Dr. John Deutch and Dr. Wen Ho Lee.

We can now judge whether there are grounds for the accusation made by Lee's defense team and supporters that the government is engaged in selective prosecution.

At his bail hearing, the government prosecutors contended that Lee downloaded "massive" amounts of secret computer data, which is why his case is so serious. According to the New York Times, investigators found 17,000 pages of top-secret files in Deutch's unsecured computers. Since Lee's prosecutors did not define "massive," we can only speculate whether 17,000 pages constitute a massive breach by Deutch.

According to government prosecutors, Lee mishandled enough data to allow someone to design a nuclear bomb. In Deutch's case, the data reportedly dealt with "some of the government's most sensitive covert operations."

It is hard to compare these in terms of potential damage, but there is one distinct difference. Investigators found Deutch's downloaded material on his computers at his home. Lee has been accused of downloading into his unsecured computer at his desk inside the Los Alamos Laboratory. The only item investigators found in Lee's home was one logbook containing a series of passwords.

Deutch through his lawyer indicates that he has cooperated fully with the CIA's investigation. Lee also cooperated fully with the FBI, at least until he found out he was being deceived and entrapped. Deutch and Lee share one other similarity. Both deleted files of classified information from their computers after they learned that they were under investigation, though, again, Lee performed the erasure at work while Deutch did his at home.

There are of course some glaring differences.

Deutch is white while Lee is ethnic Chinese.

Deutch was a high ranking government official while Lee was merely one of many scientists working in Los Alamos.

Deutch got a reprimand and lost his security clearance. Lee after months of round the clock surveillance was arrested, put in solitary confinement and denied bail.

One of the reasons for denying Lee bail according to the prosecution is their fear that the agent of some unidentified foreign power will whisk Lee away for debriefing, a fear that suggests they lack confidence in the vigilance of FBI. There has been no public expression of concern that Deutch's knowledge of sensitive covert operations would render him an appealing target for abduction.

Dr. Deutch, a highly respected educator, has had a distinguished career in public service. Although he was given the benefit of the doubt and his offense charged to carelessness, it must distress him hugely to have to undergo public scrutiny for past indiscretions. Lee, on the other hand, was the beneficiary of only doubt and intimidation. Had it not been for reputable law firms willing to come to his aid pro bono, Lee's distress would be many times more excruciating.

The purpose of calling attention to the unequal treatment of Deutch and Lee is not to put Deutch in hot water but to point to the vast contrasts that can occur among Americans. This uneven treatment is difficult to square with the contention that this country is a democracy governed by rule of law and equal protection for all citizens.

Ironically, astrophysicist Fang Lizhi points out that the handling of Lee's case is identical to the kind of treatment China is criticized for. Fang, now teaching at the University of Arizona, spoke up for democracy in China and had to hide in the US embassy after the Tiananmen incident in 1989.

Leaders in Washington hide behind a shroud of classified information beyond public access to justify the treatment accorded Lee. It is time for someone to show the courage to step forward and say, "Stop. Enough of this shameful charade. Give Lee his due process."