Attorneys for Lt. Cmdr. Edward C. Lin, accused of espionage, said he was not read his rights during questioning. Photo courtesy of the U.S. Navy
NORFOLK, Va., May 6 (UPI) -- A Taiwanese-born U.S. Navy officer charged with spying for China and Taiwan confessed to the crime, but his attorneys said his confession should not be admissible in court.
Lt. Cmdr. Edward C. Lin's attorneys said he was never read his rights and that the information in question is readily available on the Internet. Lin, a naval flight officer, faces two counts of espionage, three counts of attempted espionage and five counts of communicating defense information. According to charging documents, Lin, 39, met five times with an undercover Mandarin-speaking FBI agent, allegedly giving classified information. It is not clear what information he allegedly provided. Lin, who is married, also faces adultery charges and charges related to soliciting a prostitute.
An 80-minute audio recording of portions of Lin's Article 32 hearing, which took place on April 8, was played for the news media Thursday afternoon. The hearing was to determine if Lin would face a full court-martial or a lesser punishment. Recommendations from the hearing were forwarded to the commander of U.S. Fleet Forces, Adm. Philip S. Davidson, on April 26. A final determination has not been made public.
Navy Judge Advocate General Cmdr. Johnathan Stephens was heard on the recording saying "given the magnitude" of the charges against Lin the only appropriate recommendation "is general court-martial."
Lin was arrested on Sept. 11 at Honolulu's airport, where he was questioned for 11 hours. His attorney, Larry Youngner, said he was never read his rights or told he could have an attorney. Youngner said the information Lin is charged with providing is available on the Internet. Stephens countered by saying government information is only considered declassified if the government had deemed it as such.
Youngner also said investigators distracted Lin when he had questions about signing a form waiving his rights. Youngner said Lin never intended to aid any foreign country.
"He is an American first," Youngner said.
Lin and his family left Taiwan when he was 14. He became a naturalized citizen in 1998, and joined the U.S. Navy in 1999.
