EX-AGENT FACES COURT ORDER IN LIBEL SUIT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90-00965R000302110003-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 1
• Document Creation Date: December 22, 2016
• Document Release Date: September 25, 2012
• Sequence Number: 3
• Publication Date: January 18, 1985
• Content Type: OPEN SOURCE

Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90-00965R000302110003-5
C r!
Ex-Agent Faces Court
Order in Libel Suit -
A federal judge has issued an order in
the S120 million libel suit brought by a
former CIA agent against publisher
Lawrence Hill that could discourage
similar suits against those who write
and publish books critical of the intelli-
gence establishment. -
The book in question is Death in
Washington. Former agent David Atlee
Phillips brought two libel suits, since
consolidated, in 1981 against the West-
port, Conn., publisher and the authors,
Donald Freed and Fred Landis.
Death in Washington charges that
Phillips orchestrated a coverup of the
fact that Chilean diplomat Orlando Le-
telier, who was killed by a bomb explo-
sion in his car in Washington, D.C., in
1976, was assassinated by agents of the
ruling junta in Chile that the CIA had
helped to install and that Phillips
worked to obstruct the FBI and police
investigations of the assassination.
During the interrogatory period of
the four-year-old suit, according to
..Melvin_W-ulf of-the New York firm_of-
Beldock Levine Hoffman,:1awyer fors?
the authors, -160 critical questions"
designed to establish relevant facts
about the case were submitted to Phil-
lips. Because Phillips had signed an
agreement on joining the CIA not to re-
veal classified information, he refused
to reply to the interrogatories, claiming
the privilege against self-incrimination
since violating his secrecy oath would
be a crime.
In addition, Wulf said, attorneys for
the U. S. government were present dur-
ing the taking of depositions and they
instructTd-ftllips-not-tvanswer on the
grounds that responding would be a
breach of national security.
Judge Thomas Penfield Jackson, of
the U.S. District Court for the District
of Columbia, on November 20 denied
the motion by the authors and publisher
to dismiss-the case. But he granted the
"motion to compel" Phillips to answer
certain questions. In view of Phillips''s `
"failure, -whether through unwilling-
PUBLISHERS WEEKLY
18 January 1985
ness-or inability" to comply with the
order. Judge Jackson ruled that the fol-
lowing five facts would be taken as es-
tablished-an- d-that the-jury in.the case,
which is expected to be tried in several
months. would-be so instructed:
_' i Ttiat'praintiff -ttad'Telationships``-
with journalists during his career with 1
tote Centrar-lntelligence--Agency, and
during his CIA-service he specialized in
propaganda and the planting of false in-'
formation in the media:
2.-That, during plaint; "s CIA ca-
reer, there were regular contacts be-
tween the CIA and DINA-the Chilean
secret'police agency;'
~"3:.That_plaintiff knew and worked =
with DINA personnel during hiis"CiA'..
service;
4: That, duri hg plaintiffs . CIA ca
reer, the CIA ' had a working relation--'
ship with DINA personnel: and -' ..
- "5. That plaintiff had both a motive
for assisting, and the means to do so, in
the concealment of any complicity of,
DINA'personnel in the murder of the
Chilean diplomat, Orlando Letelier, in
September _1976."
In a release announcing Judge lack-
son . s ' order, publisher Lawrence Hill
said: "This ruling seems to strike at the
underpinnings of Phillips's libel case. It
now remains to be seen whether or not
Phillips-will -continue-ato' press the.`J-
ta.se"_ -,
Phillips s attorney, James J. Bier
bower of Washington, D C ;'declined
to .say whether-his client would press:---
the case. 'I think I'd better-stay out of:
this because I am always concerned
".
-when-one side starts sending out press
releases-to-.drum up publicity," Bier---
bower said. He would say only that
."The lawsuit has been pressed ever
since it was filed."
Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90-00965R000302110003-5