On February 10, 1999, the FBI administered a third polygraph to Lee; the contents and format are not disclosed in the FBI report. The report notes, however, that Lee was found inconclusive on two of the relevant questions posed and deceptive on the other two. Stober and Hoffman (2001:187) report that at some point the relevant questions included:
“Have you ever given [two sensitive nuclear-weapon] codes to any unauthorized person?”
as well as a follow-up question on W88 information. The format used appears to have been a relevant/irrelevant one, and Lee claims that some of the irrelevant questions included:
“Are you married?”
“Do you work at Los Alamos?”
“Do you drink wine often?”
“Do you smoke?”
“Do you gamble illegally?”
“Do you dislike black people?”
“Do you ever cheat on your publications?”
A DOE polygraph supervisor reported to the committee that these were not the precise wordings of the questions used.
Lee (2001:58) contrasts the set-up and environment of this polygraph test with the one administered by DOE, which he describes as “comfortable.” After the first chart, Lee was told that he had failed the test badly.
There appear to have been admissions made by Lee in the post-test interview that led to a confrontational FBI interview of Lee and ultimately to fairly exhaustive searches of Lee’s office and computer files.
After the second FBI polygraph, the investigation turned from whether Lee was responsible for the transmittal of information on the W88 to the Chinese to issues of security violations associated with the movement of computer files from secure systems to nonsecure ones at Los Alamos and the preparation of tapes of these files. Stober and Hoffman (2001:248) report that in December 1999 Lee’s lawyers contacted the U.S. Attorney’s Office offering that Lee would take “a polygraph test, administered by a mutually agreed upon operator, on the narrow questions of whether he had destroyed the tapes he had made and whether he had ever given their contents to an unauthorized person.” The committee does not know the outcome of this offer.