Dual Loyalties

My opinion on the people who shape our world

Tuesday, March 15, 2005

Dr. Stephen Bryen Spy and Traitor

Stephen Green: Serving Two Flags: Neo-Cons, Israel and the Bush Administration: "Dr. Stephen Bryen and Colleagues

In April of 1979, Deputy Assistant Attorney General Robert Keuch recommended in writing that Bryen, then a staff member of the Senate Foreign Relations Committee, undergo a grand jury hearing to establish the basis for a prosecution for espionage. John Davitt, then Chief of the Justice Department's Internal Security Division, concurred.

The evidence was strong. Bryen had been overheard in the Madison Hotel Coffee Shop, offering classified documents to an official of the Israeli Embassy in the presence of the director of AIPAC, the American-Israel Public Affairs Committee. It was later determined that the Embassy official was Zvi Rafiah, the Mossad station chief in Washington. Bryen refused to be poly-graphed by the FBI on the purpose and details of the meeting; whereas the person who'd witnessed it agreed to be poly-graphed and passed the test.

The Bureau also had testimony from a second person, a staff member of the Foreign Relations Committee, that she had witnessed Bryen in his Senate office with Rafiah, discussing classified documents that were spread out on a table in front of an open safe in which the documents were supposed to be secured. Not long after this second witness came forward, Bryen's fingerprints were found on classified documents he'd stated in writing to the FBI he'd never had in his possession....the ones he'd allegedly offered to Rafiah.

Nevertheless, following the refusal of the Senate Foreign Relations Committee to grant access by Justice Department officials to files which were key to the investigation, Keuch's recommendation for a grand jury hearing, and ultimately the investigation itself, were shut down. This decision, taken by Philip Heymann, Chief of Justice's Criminal Division, was a bitter disappointment to Davitt and to Joel Lisker, the lead investigator on the case, as expressed to this writer. A complicating factor in the outcome was that Heymann was a former schoolmate and fellow U.S. Supreme Court Clerk of Bryen's attorney, Nathan Lewin.

Bryen was asked to resign from his Foreign Relations Committee post shortly before the investigation was concluded in late 1979. For the following year and a half, he served as Executive Director of the Jewish Institute for National Security Affairs (JINSA), and provided consulting services to AIPAC.

In April, 1981, the FBI received an application by the Defense Department for a Top Secret security clearance for Dr. Bryen . Richard Perle, who had just been nominated as Assistant Secretary of Defense for International Security Policy, was proposing Bryen as his Deputy Assistant Secretary! Within six months, with Perle pushing hard, Bryen received both Top Secret-SCI (sensitive compartmented information) and Top Secret-"NATO/COSMIC" clearances.

Loyalty, Patriotism and Character

The Bryen investigation became in fact the most contentious issue in Perle's own confirmation hearings in July, 1981. Under aggressive questioning from Sen. Jeremiah Denton, Perle held his ground: "I consider Dr. Bryen to be an individual impeccable integrity....I have the highest confidence in [his] loyalty, patriotism and character."

Several years later in early 1988, Israel was in the final stages of development of a prototype of its ground based "Arrow" anti-ballistic missile. One element the program lacked was "klystrons", small microwave amplifiers which are critical components in the missile's high frequency, radar-based target acquisition system which locks on to in-coming missiles. In 1988, klystrons were among the most advanced developments in American weapons research, and their export was of course strictly proscribed.

The DOD office involved in control of defense technology exports was the Defense Technology Security Administration (DTSA) within Richard Perle's ISP office. The Director (and founder) of DTSA was Perle's Deputy, Dr. Stephen Bryen. In May of 1988, Bryen sent a standard form to Richard Levine, a Navy tech transfer official, informing him of intent to approve a license for Varian Associates, Inc. of Beverly, Massachusetts to export to Israel four klystrons. This was done without the usual consultations with the tech transfer officials of the Army and Air Force, or ISA (International Security Affairs) or DSAA (Defense Security Assistance Agency.

The answer from Levine was "no". He opposed granting the license, and asked for a meeting on the matter of the appropriate (above listed) offices. At the meeting, all of the officials present opposed the license. Bryen responded by suggesting that he go back to the Israelis to ask why these particular items were needed for their defense. Later, after the Israeli Government came back with what one DOD staffer described as "a little bullshit answer", Bryen simply notified the meeting attendees that an acceptable answer had been received, the license granted, and the klystrons released.

By now, however, the dogs were awake. Then Assistant Secretary of Defense for ISA, (and now Deputy Secretary of State) Richard Armitage sent Dr. Bryen a letter stating that the State Department (which issues the export licenses) should be informed of DOD's "uniformly negative" reaction to the export of klystrons to Israel. Bryen did as instructed , and the license was withdrawn.

In July, Varian Associates became the first U.S. corporation formally precluded from contracting with the Defense Department. Two senior colleague in DOD who wish to remain anonymous have confirmed that this attempt by Bryen to obtain klystrons for his friends was not unusual, and was in fact "standard operating procedure" for him, recalling numerous instances when U.S. companies were denied licenses to export sensitive technology, only to learn later that Israeli companies subsequently exported similar (U.S. derived) weapons and technology to the intended customers/governments.

In late1988, Bryen resigned from his DOD post, and for a period worked in the
private sector with a variety of defense technology consulting firms.



Bryen and the China Commission

In 1997, "Defense Week" reported (05/27/97) that, ...." the U.S. Office of Naval Intelligence reaffirmed that U.S.- derived technology from the cancelled [Israeli] Lavi fighter project is being used on China's new F-10 fighter." The following year, "Jane's Intelligence Review" reported (11/01/98) the transfer by Israel to China of the Phalcon airborne early warning and control system, the Python air-combat missile, and the F-10 fighter aircraft, containing "state-of-the-art U.S. electronics."

Concern about the continuing transfer of advanced U.S. arms technology to the burgeoning Chinese military program led, in the last months of the Clinton Administration, to the creation of a Congressional consultative body called the United States-China Economic and Security Review Commission. The charter for the "The China Commission", as it is commonly known, states that its purpose is to...."monitor, investigate, and report to the Congress on the national security implications of the bilateral trade and economic relationship between the United States and the Peoples Republic of China." The charter also reflects an awareness of the problem of "back door" technology leaks: "The Commission shall also take into account patterns of trade and transfers through third countries to the extent practicable."

It was almost predictable that in the new Bush Administration, Dr. Stephen Bryen would find his way to the China Commission. In April 2001, with the support of Deputy Secretary of Defense Paul Wolfowitz and Senator Richard Shelby (R-Alabama) Bryen was appointed a Member of the Commission by Speaker of the House Dennis Hastert. Last August, his appointment was extended through December of 2005.

Informed that Bryen had been appointed to the Commission, the reaction of one former senior FBI counter-intelligence official was: "My God, that must mean he has a "Q clearance!" (A "Q" clearance, which must be approved by the Department of Energy, is the designation for a Top Secret codeword clearance to access nuclear technology.)"

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