The Department of Justice report concluding that the investigation of Los Alamos nuclear scientist Wen Ho Lee was "deeply flawed" is itself flawed in finding there was no evidence of racial bias, says a UC Davis law professor.

Thomas Joo, who teaches and publishes on critical race theory, says investigators were influenced -- consciously or not -- by the race-centered reasoning that contaminates our society.

"Acting on this kind of bias does not mean that the investigators were a sheet-wearing lynch mob," the professor says. "But it doesn't mean they are innocent, either. They were quick to focus on Lee, but never stopped to ask themselves, 'Why?' "

Joo maintains that it was Lee's race that convinced the Department of Energy and the FBI that the Taiwan-born man was "the most logical suspect" when officials believed China had obtained U.S. nuclear secrets.

Racial stereotyping is deeply ingrained in our culture, and the stereotype of Asian Americans portrays them as foreigners who lack loyalty to the United States, according to Joo. "It made it easy for the Department of Energy and FBI to choose a suspect," he says.

Joo says the DOE investigation ignored many others who had access to the same information, and he cites the Justice Department's criticism of the DOE for its "unsubstantiated assertions."

The Justice Department report, Joo notes, also faults the FBI for its "unhesitating and unquestioning acceptance of DOE's identification of Lee as the most logical suspect."