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October 30, 1992

Memorandum for the Record

From: John F. McCreary

Subject: Obstruction of the Investigation

1. I am concerned that recent lines of investigation have been seriously compromised by leaks of sensitive information by the Committee Staff Director to the Department of Defense. Leaks to the Department of Defense or other agencies of the Executive Branch of my Memoranda for the Record are interfering with follow-up discussions with useful witnesses. Moreover, they are endangering the lives and livelihood of two witnesses.

Leak of Information on Jan Sejna

2. Irrespective of leaks outside the government, Bill LeGro, attended a meeting of the US-Russia Joint Commission group in Washington on 28 October 1992 at the Department of State. The discussion featured information provided by Sejna. LeGro stated that Ambassador Malcolm Toon called for his dismissal. DIA personnel defended Sejna as to his expertise on Central Europe, but not as to his information on other areas, particularly POW related.

3. Irrespective of leaks outside the government, Bill LeGro attended a meeting of the US-Russia Joint Commission group in Washington on 28 October 1992 at the Department of State. The discussion featured information provided by Sejna. LeGro stated tat Ambassador Malcolm Toon call for his dismissal. DIA personnel defended Sejna as to his expertise on Central Europe, but not as to his information on others areas, particularly POW related.

4. On 30 October 1992, I learned from Bill LeGro that he was directed to read a letter from the Central Intelligence Agency to the Select Committee that discredits Sejna's information. The letter reportedly indicates that Sejna's information has been checked and not been confirmed by his former government. At the time this letter was received, the Staff had decided to take Sejna's deposition but had not yet scheduled a deposition of Sejna. In addition, my MFR was written from memory, and did not do justice to all that Sejna stated, either in detail or in context. As of this writing, we do not know what Sejna knows or will say under oath, yet his testimony has already been written off. This anticipatory discrediting of a Select Committee potential witness is tantamount to tampering with the evidence.

Suspected Leak of Information on Le Quang Khai

5. The second issue of suspected misconduct concerns witness Le Quang Khai. Although Le made a public statement concerning POWs on 12 September 1992, no agency of the US government contacted him concerning his POW information. He told me on 26 October that some men who represented themselves as FBI agents contacted him to attempts to recruit him to return to Vietnam as a US intelligence agent for six months. After which his request for asylum would be favorably considered.

6. On 30 October, Mr. Robert Egan of Hackensack, New Jersey, who is a close friend of Mr. Le and the intermediary whereby the Committee Staff met Mr. Le, informed McCreary and LeGro that the FBI had again contacted Mr. Le. A person representing himself as an FBI person called on 30 October to set up a meeting with Le to discuss Le's working as an intelligence agent for the FBI's POW/MIA office.

7. So far informal checks indicate there is no such office. Secondly, this contact occurred three days after my return from taking Le's deposition in Hackensack on 26 October. I observed a copy of the MFR with apparent routing designators written in the top margin on the desk of Frances Zwenig on 28 October.

8. The contact with Le two days after preparation of my MFR, despite the passage of a month since his public declarations, is highly suspicious and more than coincidental. The circumstances of both contacts in which persons identifying themselves as FBI without showing credentials or other evidence of authenticity or authority and also making a pitch to recruit Le are also highly suspicious.

9. An internal Department of Defense Memorandum identifies Frances Zwenig as the conduit to the Department of Defense for the acquisition of sensitive and restricted information from this Committee. Based on the above sequences of events, I must conclude that Frances Zwenig continues to leak all of my papers to the Defense Department. Her flagrant disregard of the rules of the Senate and her oath of office are now jeopardizing the livelihood, if not the safety, of

Senate witnesses. In addition, the Department of Defense's continuing access to sensitive Committee Staff papers is resulting in obstruction of the investigations by the Senate Select Committee by various agencies of the Executive Branch.

John F. McCreary

Search continues for last MIA from '91 Iraq war BY ROGER ROY The Orlando Sentinel

(KRT) - Investigators have yet to prove that missing Gulf War pilot Capt. Scott Speicher was ever held in the Iraqi prison cell where his initials were found etched in the wall, the head of the Pentagon's search for missing Americans said Wednesday.

Speaking to members of the American Veterans convention meeting in Orlando, Jerry D. Jennings, deputy assistant secretary of defense, vowed to continue the search for Speicher, the only American still missing from the 1991 war with Iraq.

The hunt for Speicher remains a top priority for American forces in Iraq, where a $1-million reward is being offered for information about the missing pilot and special teams of U.S. investigators are following every lead, said Jennings. "We will not cease these efforts until we ?have recovered him alive or have his remains," Jennings said. A Navy pilot based in Jacksonville, Speicher, then 33, was flying an F/A-18 Hornet on a bombing run the first night of the 1991 Gulf War when he was shot down over Iraq. He was declared killed in action, but his body was never recovered. He left behind two children and a wife, who has since remarried.

In the years after the war, military officials gathered information suggesting Speicher likely survived ejection from his jet and may have been captured.

In 2001, Speicher's official status was changed to missing in action, and last year to missing/captured.

The search took on new momentum after an Iraqi defector claimed to have seen Speicher alive in Iraq as late as 1998. And in April, at the close of the war with Iraq, investigators found the initials MSS etched in the wall of Hakmiyah prison in Baghdad. Speicher's full name is Michael Scott Speicher. But military officials now question the reliability of the defector's account. Investigators were searching for any source of DNA in the prison, which could be compared with samples from Speicher to prove he was there.

Jennings would not say whether DNA was found in the prison cell. But he said there was still no proof putting Speicher in the cell.

There were several sets of other initials carved into the cell walls. And within the "MSS" initials was another letter not part of Speicher's initials, leading some investigators to question the tie to Speicher.

So far, Jennings said, "There's no evidence that he was ever held in that room."

Because the Iraqis denied capturing him, Speicher may have been held outside the normal channels, Jennings said.

"There's just no end of places he could be held," he said. "As long as there's territory that hasn't been investigated, we've got leads to pursue."