A MESSAGE FROM OUR FOUNDER AND CEO -
I am not a lawyer but I have won three out of four cases brought before a Federal Court. The wins were against the best lawyers that the government could buy. The victories also came at a cost, not to me, but to the credibility of the U.S. government and the Clinton presidency.
The first and most damaging lie that the Clinton lawyers made was that a Chinese commissioner, named Shen, was a civilian representative of the communist government, and not a member of the People’s Liberation Army. This claim, and the accompanying claim of personal and business privacy, was made before a Federal Judge. The claim was part of an elaborate effort to deny access to over 1,000 pages of information dealing with Shen and his so-called Chinese civilian organization, the Commission of Science, Technology and Industry for National Defense (COSTIND).
When the Clinton lawyers finished explaining their lie, I dropped the complete bio of People's Liberation Army (PLA) General Shen upon the desk of Federal Judge Robert Payne. The dossier on General Shen included his current military status and details about COSTIND. Shen was not only second in charge of COSTIND but the unit itself was run entirely by and for the Chinese Army under the command of PLA General Ding Henggao.
To say that Judge Payne was upset is an understatement. While many Judges facing Clinton administration lawyers took lying for granted, Judge Payne did not. In a furious and often profane rage, he threatened to lock all of the U.S. government attorneys up and throw away the key if they did not deliver the 1,000 pages of withheld materials on his desk in 48 hours.
Yet, this particular lawsuit was not without major pitfalls that could have landed me in jail. On August 2, 1999, Judge Robert Payne issued a court order against me to remove a secret DIA (Defense Intelligence Agency) report from the Internet or face a stay in the Federal lockup. I was ordered to remove the unredacted version of a DIA report by 5:30 p.m. eastern time on August 2, 1999.
Apparently, Dept. of Justice Lawyer, Joan Evans, released the unredacted version by mistake. The DIA document sent to me by the Justice Dept. contained the names of DIA agents who wrote the 1995 report on the Chinese Army Unit COSTIND. The DIA requested that the names of the agents be withheld under "Title 10, United States Code" to protect their identity. The serious nature of the breach was made very clear to me by Judge Payne. If I did not comply he would send U.S. Marshals to lock me up.
This event, in itself, is reason enough for a similar action be performed against Hillary Clinton for breaching the names of serving agents with her unsecure email server set up in a bathroom closet. Yet, unlike Judge Payne, FBI Director Comey has declined to enforce what is a clear and present danger to the lives of serving US intelligence agents.
However, my tale of secrets does not end here. I replaced the secret version with the redacted (blacked out) version as per Judge Payne's orders, prior to the 5:30 p.m. deadline. As part of the process, I had to contact Assistant U.S. Attorney, Joan Evans, in an attempt to comply with Judge Payne's order to return the classified DIA document.
Instead of resolving the situation, Ms. Evans swore vengeance and threatened to "get" me. I took her threats to be officially sanctioned by the U.S. Justice Dept. and the Clinton White House.
Of course, this was typical of the Clinton administration. Their mistake compromised the identity of DIA agents. Instead of working to minimize the damage to U.S. national security, they engaged in threats.
It took some risk and a great deal of effort on my part to win back the Freedom of Information that was ours to begin with. Death threats and various probes of personal and private information are common now. The cost, personally and professionally, has been great.
The price of documenting the success of General Shen and his commander, General Ding, was small when compared to what the Chinese Army obtained from the Clinton administration. In a span of eight years the PLA moved from a second rate peasant army to a first class, nuclear tipped, global fighting force. That great leap forward came from the incredible success of General Shen, General Ding and others like them who won the first information war. The Chinese Army took the Clinton White House armed only with a checkbook.
CHARLES R. SMITH
CEO FOUNDER OF SOFTWAR INC.
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