HOW COURT TRIALS DRAW THE CIA INTO THE OPEN

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP75-00001R000200120011-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 1
• Document Creation Date: November 11, 2016
• Document Release Date: January 22, 1999
• Sequence Number: 11
• Publication Date: October 17, 1966
• Content Type: NSPR

THE NATIO`tAL OBSERM
001: t,14 bP75-000& ' b%1 b120011-1
FOIAh h
. ow CoU ThaI s Draw he CIA Into the Open
in the imposing u.b. courthouse in nut- - ..,-- - TI-ilk,-6 -"' to Eerik Heine, I
falo, N.Y., last week, U.S. District Judge A glum assistant U.S, attorney Richard have reached the
John 0. Henderson gaveled the end of a Lehner agreed that the "CIA factor" was; judgment on behalf
four-week trial. A bearded former Royal , minor in the 8-26 case. But he said the of the agency that it
count left the courtroom tree men-as- the CIA as a nandy sanctuary for de-' the security inter-
quitted of charges they had conspired to pendants. These defendants, he said, might ests of the United
smuggle World War II-vintage B-26 bomb- raise a smoke screen of "CIA Intrigue" States for any fur-
ers from the United States to Portugal. and,hope to capitalize on the widespread ther information
In the U.S. courthouse in Baltimore belief that "the CIA would do anything." pertaining to the use
last week, U.S. District Judge Roszel C. Such a belief Is entirely untrue, Mr. Lehn and employment of
Thomsen was still deep In thought over a er noted, but "it's an excellent standard Juri Raus by the
judgment that would climax two years of defense. . . . The CIA becomes a sort of agency in connection
litigation in a slander suit involving two whipping boy." ' with Eerik Heine to
Estonian emigres, one a Canadian, one Mr. Houston does not believe the Buf- be' disclosed. . I
an American. falo acquittal will have this effect. "I am herewith direct-
Two widely different cases in two cities don't share that view," he says. "I'm ing Jurl Raus to make no further disclo
270 miles apart. But both are noteworthy hopeful that the mere fact of my appear- ures concerning his employment by t
because they represent the first major ance in this case will give pause to those agency or relating to this matter...."
appearances of the Central Intelligence who would attempt to use the CIA as a Judge Thomsen was more than fam
Agency (CIA) in court proceedings._ And.
convenient part of their defense." far with executive privilege, but here w
the fabric of national security, its appear- willing, and in fact primary, part of the was maligned seemed to have no right o
ante in these cases posed the question: defense Of Juri Raus. Mr. Raus Is an Es- defend himself. Surely, following this li e
To what extent are state secrets involy- tonlan-American who is being sued for a of reasoning, Mr. Heine could not be sh t.
ing the national interest immune from dis-? total of $110,000 in damages by Eerik off altogether from attempting to dispro e
closure in a court of law? Heine, another Estonian emigre, whom the slander against him. "You are n t
. - - I- 9P 1-i
d
i
"
0
F9,Ab3b/) 1, National Interest vs. Individual Justice
me
CIA Involvement Cla
tn t
1 spy. Mr. Heine, who lives in a suburb of Thomsen told Mr. Raus' lawyers,
In 'the Buffalo case the forner RAF
Frech Toronto, contends he is an Estonian there Is anybody rights." in this ts." There was a who tous
pilot, John R. Hawke, 29, and the triot, freedom-fighter, and anti-Co Commu- not have some
count, Henri de Montmarin, 58, were nist. Mr. Raus, who lives in Hyattsville, of the academic here, in that Mr. Hei e
charged with violating the Munitions Con- ; Md., and is an engineer for the U.S. Bu- lives In Canada. But the problem was o
trol Act by sending the planes to Portugal reau of Public Roads, had said on at least vious. Judge Thomsen, still wrestling wl
without export licenses. Both men said three occasions that Mr. Heine was a it, may announce his decision within We
they were working for a man named planted Soviet agent, collecting Informs- next few weeks.
Gregory R. Board, 45, believed to be hid- tion on Estonian emigre activities in North
ing in sunny, extradition-free Jamaica. America. Prepared to Appeal
Mr. Hawke told the court he flew the
planes with the understanding the entire This almost routine slander case blew If Judge Thomsen grants summa y
judgment allowing Mr. Raus his right f Into operation was promoted by the CIA. Mr. the headlines that the was summer, CIA privilege, Mr. Heine's lawyers are pr
To the mild surprise of many, CIA ; agent who, in the CIA's own words, "was pared to appeal to a higher court. B t
Director Richard Helms sent one of his instructed to disseminate such informa-! these lawyers contend that Mr. Raus w a
highest-ranking officials to testify in Buf- tion [about Mr. Heine's alleged spy ac.;'. only a part-time employe of the'CIA, an
falo. Lawrence R. Houston, general coun- tivities] so as to protect the integrity of, that he thus should not be allowed t
sel of the CIA, brought the agency's en- , the agency's foreign intelligence sources." claim executive privilege. If Judge Thom
tire file on the B-26 bombers-and denied The Raus sLaternents were apparently in-; sen denied Mr. Raus privilege on thes
under oath that the CIA had anything to tended to put the Estonian community in grounds, "then the case may be tried o
do with the plane smuggling. He explained North America on its guard for Mr. Heine, its merits," says one of the Heine at
that the few CIA documents on the, case who has traveled widely to lecture to'. torneys, Ernest C. Raskauskas.
were "raw, unevaluated information," Estonian groups and to show a film of Es- But even if Judge Thomsen were t
which the CIA passed on to appropriate tonla's fight against the Soviet take-over ,disallow privilege on the strength of thi
Government agencies. The only deletions ! of the tiny Baltic nation. argument, the problem of privilege woul
from the CIA file to Judge Henderson Heine Were true? Mr. Mr. Raus'
Raus and statements the CIA about con Mr. :,immediately spring up as the case wa
were code words and CIA information tried "on its merits." Mr. Raus would b
-
sources. --I tend it is beyond the pale of Judge Thom- expected to prove his statements. M
After examining the documents, Judge sen's court or any other court even to Heine would want to disprove them
Henderson. concluded: "The records indi- discuss this question. Mr. Raus claimed There would have to be more expositlo
cate that, rather than promoting this op- absolute privilege as an employe of an of how, when, and where Mr. Raus re
eration, the information gathered by the executive branch of the U.S. Government. ceived his information if he receive
CIA resulted in the arrest of these defend- the CIA. This would mean that he was not It at all. Such exposition, the CIA con %
ants." He later said that "the release of . ,subject to any kind of court action be- :,tends, would be delving too deepl
these reports by Houston indlcates CIA cause, as an affidavit filed with Judge into matters that should be kept secret i
involvement in this case is pure theory." Thomsen by CIA Director Helms said, 'the public interest. Judge Thomsen him
When the jury finally acquitted the "when he [Rausl spoke concerning the self a"if ther~igntorone of mation ewererhre
two men, it said its action was based on plaintiff (Heine] on such occasions, he
the fact that the two had been just an was acting it might expose the entire U.S
instrument" for the man who sold the ..mp within the scope and course
be-,. :
B-26s, Mr. Board. Several jurors said that of his employment by the agency on ?,
they believed Mr. Houston's testimony halt of the United States."
that the C e Apn~ f 1~~F~' d tb &Fk0002001 2001 1-1
but that t orma on was o y "after a personal review of the agency's
incidental to the case. Continuos