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November 11, 2016
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February 22, 1999
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October 15, 1966
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Sanitized - Approved For Release : CIA-RDP75-00001 R000400180035-7 BEST COPY Available Sanitized - Approved For Release : CIA-RDP75-00001 R000400180035-7 elf 1VEit1~'iV T AM Sanitized - Approved FgrRelea eCIA- STATINTL. Eerik Haine T of _T '- -:(D, r- fighting the c:LA.. which has bran ded him a ovia- acerbt.. And he h,as launched a slander, suit to s f~ 1,11is name RGHT First of Two Parts By Robert McKeown JUt.G:, aoszel C. Thomsen, of the 1.':t r..l ials highly critical of the C.I.A.'s claim that it has ..a1;.. Court in Baltimore, Md.. is a grc~ i tite privilege to commit slander in tF, course of man with a kindly appearance and a rcputaru? ..s dut). , a scholarly and thorough jurist. To him fell the i It split the Estonian communities in Canada of making :, decision of international importance :n I ano the U.S. into those who believe firmly that i a slander cusc that has drawn more comment .;,. a any he has dealt with. At issue is whether a Canadian citizen may have spy ar.1 without having a chance to clear his name r.unwrous occasions In which it has appeared guilty in court. Of faulty judgment. irresp6nsibility and acting as if n., #I,- .:A.. :. 0--:L. v....,.. .. 1- I . . J-- 'L- .---. his ,. ,utation damaged by being branded a Soviet is has also caused critics of the C.I.A. to cite considered by many Canadians and Americans ul Estonian origin to be one of Estonia's great anti. Co.. .,,nist partisans and war heroes. ..,, the other is the United States Central Iwrli,- 'ence Agency (C.I.A.) and its aggent, Juri Raw,, ; ., Estonian-American who is Heine's accuser, Heine has asked a judgment of $110,000 Hills for tl,: damage done to his rcputation 1wc alleged slander, Raus has claimed absolute pri% il, ;_c to make the statements because he is a C.I.A. ?.; .t. citizen. But a close study of all available documents, There have been strong comments on the Hone- suirh as I have made, leads to the conclusion that I ., Raus-C.1.A, case in the Canadian House of Conn ; this case may far be and the 1 u I 't mobs, the ~-miti p ?t edh~ii4*p,teleeSe.r A-kDP7v_000011 uOu4fuui8u03' I. end magazines. It has provoked speeches and editor- For one thing, it may involve the long-standing ir;cina has been falsely accused and those who claim I the C.I.A. would never make such a charge unless it has also brought to light Hcinc's personal story i ' of his star against the Soviet Union -a narrative con have few equals in the annals of World War lie "t .;k story will be told in Weekend ,Magazine ne V ,.,nit a coritplete revelation of the grounds on ;~ . tai,; ,p. charge was made it is impossible to Mille whether or not the C.I.A. has secret informa- -7 JSnuad V CPYRGHT QT 15 vt; (I .i3.l.t. This has bccn %,) .w'!14-ii Times report suggested that the employment of a tcs t:..., t; is s.iiil ntcmhcrs of ihcw .'ri'a11:1 private detective "raises questions regarding the valid- SP e'YIitizi2d"'n~tp'bftV@dnF6YiRbw1eas~ ~t lei ~' L~ ~'5~6b R000400f180esc 03p ., wcli. ',, seems certain that the C.I.A. ha: h.: n fo.-c:J rc' .,.ally into the suit after micjudtan, t..c outcome ( is decision to have Raus char;c Hcu;e bcio:e E:..;.aan organizations in the United States wits bcin': a spy !r; the Russians. 't'here ;ire r.: ;., signs that the C.I.A. has ? uneasy over th.; c....c. he:.te filed suit for :,:..t...:r in November, 1964. Yet it was not until late D~cer.,o:r. 1965. that C.I.A. director William, F. Rahorn, now retired. admitted :n an affidavit that Raus had been acting on it .: C ..A. 's instructions. No cause tt.t . c delay has been given. Raus's lawyers h;,v.; tv!u ,tc court that they wishcd to es- t.:hlish earlier the C.I.A.'s connections with Raus to claim abFolutc privilege in the suit, but the C.I.A. would not agree. Also, Raus's lawyers have admitted that an effort was made to settle the case out of court. No cxplan- ation has been made as to why a man accused of spying should receive a financial settlement from his accusers. Nor has any reason been given for the employ- ment of private detectives to interview Heine's ac- quaintances, friends, and relatives. One of these in- vestiga;, Thomas W. LaVenia, of Washington, D.C.. was questioned in court and admitted the aa- I signment. However, .,Raus's vi :1 is a `, r:,S The case may involve a long rivalry bs:tveen the F.B.I., headed by J. Edgar Hoover C.I.A., -led by its director Richard H,-, s (to. counsel successfully parried of ~t r '?,?'^111.?' The case is in the hands of Judge Thomsen (L). F.rcine is seeking $ 110,000 damages 'r.. , Raus (R) for .t ;.s of reputation to the allc, ad slander. :J;nz!. is icing, 47, a serious m;;. who confesses, :..'. much." He also says, "I am not a per- .0 too easily." He seems to be find- .-.J-.fac6on in facing his accusers and trying to oi,ia.n vindication. tieing (pronounced Hay-neh) emigrated to Can- ada from Germany in 1957 alter being released r from a Russian labor camp ti:.: previous year. Ac- cording to a depta;tion taken o; the lawyers for his i accuser, he had spent the previous 16 years either fighting for the liberation of Estonia, or under in- ccrogation, torture and slave labor in Soviet prisons. Today he has the scam of wounds on his body. He has lost all ;,lit five of i:;% teeth as a result of beatings and n ::.tutr.i vii. t t ttrst coming to Can- ad:. he had a c. t : , . nip ;i, '.:;ich delayed him in obtaining I;t;. t? ;~s Wily? Though some Estonian-Canadians believe that "where there is smoke there is fire", of^crs hold that Heine is the victim of some terrible mistake or plot. Here are some of the theories given to explain why a man believed to be an ardent patriot, has been called a spy: ? The C.I.A. has made a gross error and now is trying to cover up. ? Some of the details of Heine's story do not check with the Infotmation on the C.I.A.'s files, therefore the C.I.A. assumes that Heine is lying. ? Heine's Personal story is so amazing that the C.I.A. has decided it is untrue and roust have been fabricated for some sin- ist.r purpose. Sov;at inte!!igence is expert at planting information for its own purposes. in in:s case it has set up a situation whicn p,is two anti-Communist organizations, ti?.t: C.I.A. and the Estonian liberation fcc;'c' s, against each other. Whatever the outcome, it stands to gain. cats secretly with some of the former guerillas, still in Estonia, with whom he fcurjht in 1946-50. His messages have been intercepted by the C.I.A. and their purpose h,is been misinterpreted. a r.i a'na's efforts aimed at the liberation of r.;tcnia are opposed to Ideas, of peaceful coexistence, officially sancl{ioned by the governments of the U.S. and U.S.S.R. lccordingiy this means has been used to Iry to silence him. Sanitized - Approved For Release : CIA-RDP75-00001 R000400180-035-3 66 Cont'iuail o A, CPYRGHT Aatpoved For Release : CIA-RDp75.0000~-R000406- 035-7 1 ? - 4k. ~7 ham... '~:'~. ? ,1 : ? L,'. !~s.,, } ~?-._ ,, After rcachin`, 'Toronto in April, 1957, he lived ! f'.f ,.or,!a and on the farm of an Estonian-Cana-f with his mother, who had come to Canada with her] d. .:;;loor scenes were taken in the tarneraman's ' husband, now dead, in 1952. He first worked as a basement, The total. cost was between $9,000 and l b f a orer or a firm making bottoms for chairs, later I $10,000, of which Heine still owes some $1,900. became factory foreman for a Toronto woodworking J Heine took his film on cross-country lecture tours com L h pany. ate t at year he married Elsa Varrcs whom he had known at school in Estonia. Canadians of Estonian origin are not split into anti-Communist and pro-Communist organizations. Estonia was twice invaded by the Russians in World War :I and is today part of the Soviet Union. Be- cause of the jailings, deportations and executions of patriots which are known to all Estonians it is here and in the U.S.. partially defraying the cost by , admission fees, though the bulk of the money raised went to Estonian charities. Finally he ;.i. atcd the ''. filrfl to the Estonian War Veterans' A:;3ociation in Garin;in}'. But first he sent it to, be used by Eston- ianc in S %eden to act as counter-propaganda during a visit there by Nikita Khrushchev, then Soviet Premier. nearly impossible to find a Communist among Ileine was one of the foremost conservatives in jJbem. _ the l:ktonia community. He has been quoted as call- f Trine', rabidly anti-Communist views soon becam V . " e n;: himself a Goldwater man." ?.cld known. He became active in the Estonian War' Ile hcltlcll raise money for Radio Free Europe Veterans' Association and was its chairman in 1960. Mid t,r publish books on the perils and dancers of l ' Mid In 1259 he became a member of the Estoni C an en- tr,,l council. elected from all Canada; in 1963 he headed the council poll and was elected vice-chair- .'nan. Ile was active, in the Estonian Boy Scouts, where he was a member of a group that built camp- sites for younger boys. And he was in demand as a speaker. Word spread of Heine's accounts of guerilla activi- e a, s. United States government agents ties in Estonia between 1946 and 1950, in which he whom Heine's correspondent assumed to be from was a Ieade,. He also told of the bleak life he had the F.B.I., had been in the area asking questions led in Russian labor camps-between 1950 and 1956., about him. lie was invited to speak to many groups in Canada As time went by the rumors became more fre- and the United States.' quent. He heard them in almost every city he visited. i Using his savings and borrowing' from his mother. But it was during a visit to Los Angeles that Heine and the Estonian Credit Union, he made a 2!h-hour ' learned that Raus, chairman of the United States film dcpictir.g the'guerilla's life. The film was snot Commit,e f h Heine and his wife and mother relax on the patio of his home in Toronto suburb of Etobicoke. Heine says ', he doesn't frighten, . very easuy,, t using amateur actors, at locations in o e Legion of Estonian Liberation, .9ntario's? Mus? L was connected with -the statements-being made about hhn OCT 1 . Sanitized - Approved For Release : CIA-RbP75-0000Y1 RO004001$0035-7 conttnuaA r ? ~r 1 i %?.- - r l S., Communism. He tried to get backing for his net project - the' floating of propaganda balloons into Estonia from Sweden. It was during his visits to the United States in 1963 that Heine started to hear rumors that he was being called a spy. The first intimation came in Detroit when he received' a letter from a friend in Lake Gen v Wi CPYRG co in 1949 at the age of 22. He had served in the U.S. a t avits estaoshing Raus's connection i Army, graduated from college in 1956, joined a with the C.I.A., came late is 1965. Up to that tine, rescr c at ti ekt 94 91hp1lro~peldd~t~p1~!?J~e `sfiY ~;Gt14`'F~E''P7t5!()E)'66aFRM?400=+Ir80,035-7 HT On May 20, 1963 - about t e time Heine started aus appearca to have n z.;c the charges on his own to hear the rumors - Raus signed an oath of secrecy initiative. Now it was possible to argue that Raus with the C.I.A. In the summer of 1965 be took a had made the statements he did about Heine in line course at an intclligcncc school. For the past few of duty-and was privileged under law to do so. years he has been employed by the Bureau of Roads finis argument is bases on a U.S. Supreme Court in Washington, though this job may simply be the ruling of 1959 tact officers of the government had cover for his C.I.A. work. immunity to libel suits that arose from their official It seems that Heine at first actcd as if the rumors duties. Raus could also argue that as a tmemtrar'of were the figments of someone's imagination and tried to ignore them. When he learned that Raus was the source, he wrote to a man named Krabbe in Washington, who was reputed to be Raus's best friend, and suggested he "put some sense into his mind." When the rumors continued and Raus made the charges before a meeting of the New York branch of the Legion of Estonian Liberation, Heine sought legal advice. First a lawyer wrote to Raus giving oim a chance to apologize and retract. When no re- traction was obtained, a Toronto lawyer wrote'to the F.B.I. in Washington denying the charees. "Mr. Heine is willing to answer any c,::estiois under oath connected with the afo:a.a;~i~ and submit himself to a lie detector test if you so aesire," { the lawyer said. At this point Heise thought the F.B.I. was behind the inquiries being made about him among Eston- ians. Raus on sevc:,A occasions had told his listeners that if they doubted his word they should "contact the Federal Bureau of Investigation." In his rcpl% to he letter from Heine's lawyer, 1. Edgar 3.1. director, said the bureau did not issue clei::at,ces or non-clearances. But he made it clear t ?h ~ 17 3.1 l . d not originated the charges. ... you may rest assured that this Bureau has t not relcascd any information which could be the basis for the alleged charges against him," Hoover wrote to Heine's Toronto lawyer. This may or may not have been intended as a re- buke to the C.I.A. But the F.B.I. director ca.,. not Nave been entirely happy to learn the C.I.A. had placed agents among immigrant groups where his with the court a year after Heine started the slander, proceedings. "The purpose o this. instruction (to Raus, w;.. to p:otcct the integrity of the Agency's foreign in:,:::i? gence sources, cat, sing within or developed through such groups, in accordance with. the Agency's statu- tory responsibility to collect foreign intelligence," Helms said. . 0CJ men were already work. In the United States internal security is strictly } the domain of the F.B.I. The C.I.A. is forbidden to.1 i get involved in, it. The suggestion that the C.I.A. had uncovered what it charged was "e: X.G.B. [Russian secret] agent" in such a group despite the F.B.I.'s vigilance might be taken as a reflection on the F.B.I's effi- ciency. C.I.A. director Richard ;-elms (then deputy dir- ector) seemed to take the trouble to establish a con- nection betwccn Raus's denunciation of Heine and foreign intell igcncc. He ti id this in an affidavit fiicd 151966 The C.I.A. The United States Central Intelligence Agency is almost as widely discussed and criticized today as are its Russian-counter-. parts. From its start in 1946 as the Central ., Intelligence Group, it has had many notable successes-and several widely-publicized failuras. They Include: Thu disastrous Bay of Pigs invasion of Cuba. The support of Ngo Dinh Diem, later ass:tssinated, as the head of a tyrannical and corrupt government in South Vietnam. The support provided to Chinese Nation- alist forces in Northern Burma, which have proved such a nuisance they have alienated the Burmese against the Americans and driven them closer to Red China. The denials issued about a U-2 plane shot down over Russia, and the later revelation that it was on a spying mission. These are just a law of the occasions In which the C.I.A. has made mistakes. But It also has many Intelligence coups to Its It detected the installation of Soviet mis- siles in Cuba. It overthrew the pro-Communist Arbenz government In Guatemala. It tapped the telephone lines to Soviet militar/ headquarters In East Germany. it had a C.I.A. man installed as a top adviser to Genial Abdel Nasser In Egypt. It had, in Col. Olog Penkovskly, a spy, shared with the British, an agent with access to secrets In the Kremlin. It cannot be assumed that the C.I.A. al- ways blunders, neither that It Is Infallible. Sanitized - Approved For Release : CIA-RDP75-00001 R0004001 .'8005- CPYRGHT the Spjq,i~gq i-t I1 Cr PcYa~;'dn~tRol e;p e CIA-RDP75~00001 R0004Q01~aA03 :7 I authoriicd disclosures relating to is 6,.: While Judge Thomsen ponderc.: how :,..:t.:rs stood with the law as, he saw ; there Uerc many, t,~ ! questions to which the answe,-s* %re r.:: :apparent: If the C.LA. believed Heine to be a ::evict agent. why did it not have him followed to establisb who his contacts were, and then mare arrests and lay Charges? Alternatively, why was he not approached ant: asked to serve as a double agent. as is custom in such cases? Since I-Icinc is a Canadiai and l'a'ds :.-c works in Canada, why was the case not handed o??:: `;r action by the Royal Canadian iviountcd Police? It is interesting that when Rans was n;;,:an; his charges in the U.S., Heine was :,pplyir.g .. r C,.na- di a n c i t i zenship. 1 1! 1 , f ?`~ l - j Heine listens to lawyers Ernest C. Raskauskas, There seems litt:e doubt the t the R." ..?. ;r,ade left, and Robert I. Stanford, right, after a its usual investigation for security cle. At its pre-trial hearing in federal court at Baltimore. disposal it would likely have inor;natiaa from both the F.B.I. and C.I.A. (It is some:.roes in police I circles that the two U.S. agencies will give the Ulianswered Questions R.C.M.P. information that they would not entrust i to each other.) Why did the C.I.A. try to settla :;ie slander There is no way of knowing exactly what were the suit out of court by making a financial settle- R.C.M.P.'s fiadings. But Heine was granted Cana- ment with Heine?' than citizenship in August. 1964, long after Raus had said he was a spy. 1 Why has no one taken Heine up on his offer, At one of the hearings, Heine 's counsel wondered why, if Heine were a Soviet agent. he was not simply made to the Federal 8ure,:u of Imit~stigation, stopped at the Canadian border and barred from the to take a iia-detector test? United States. Heine has on many occasions offered ? himself for arrest in the U.S.. but no action has Why did Heine receive Canadian citizenship, been taken against him. which involves a security check, after the "The inference from the facts is irresistib;e - that spy charges had been made? there was not enough evidence even for as indict- meet let alone a conviction, L ,-.d at lens: an indict- ment would have given the plaintiff ar. ..?porwniry Why would be allowed to move freely In for vindication," said Ernest C. Raskaub.,as, He ne's the United States., it. he. were a Soviet spy, counsel. ( as. the C.I.A. has `alleged? "Therefore, these slanders u;;ainst the plaintiff ! ? were part of a deliberate and ca:culatcu design to destroy without proof, and no .. cncy has ever been livea such powers by statute r, the history of the United States, unless it is ruled herein the C.I.A. has." As this was written, Judge Thomsen ir. ialtimore had still to rule whether Heine's slander st,:. would on to trial. Whatever .:IC judge's decision, t united States Supreme Court seems likely to hav,. .:;e final word.. NEXT WEEK: The story of Eerik Heine's personal war With the Russians. OCT 1 X66 Sanitized - Approved For Release : CIA-RDP75-00001 R0004001.80035-7 0 Lonlfffl . OCT 15 19 nitized - Approved For Release.: CIA-RDP75-00001 R000400180035-7