EX-AGENT FACES COURT ORDER IN LIBEL SUIT

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP90-00965R000605020008-4
Release Decision: 
RIPPUB
Original Classification: 
K
Document Page Count: 
1
Document Creation Date: 
December 23, 2016
Document Release Date: 
February 19, 2013
Sequence Number: 
8
Case Number: 
Publication Date: 
January 18, 1985
Content Type: 
OPEN SOURCE
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PDF icon CIA-RDP90-00965R000605020008-4.pdf79.64 KB
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Declassified in Part - Sanitized Copy Approved for Release 2013/02/19: CIA-RDP90-00965R000605020008-4 n ,n,' ;jam ^ED "motion to compel" Phillips to answer certain questions. In view of Phillips's "failure, -whether through :unwilling- tnstr icTed-) llips-not to answer 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 In addition, Wulf said, attorneys for the U. S. government were present dur- ing the taking of depositions and they 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 Ex-Agent Faces Court Order in Libel Suit A federal judge has issued an order in the $120 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, lvielvin_W.ulf.o the New York.firm_of- .. Beldock Levine & Hoffman,_]awyer_for the authors, -'--160 critical questions" 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 and that the jury in the case, which is expected to be tried in several months. would-be so instructed:- 1.' Nat-plaintiff'had`Telationships with journalists during his career with I the Central"intelligence-Agency, and during his CIA-service he specialized in propaganda and the planting of false in-_ formation in the. media; 2.'That, during p!aintif'. 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 during7his CIA service; 4. - That, during plaintifl'sIA 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 Jiidge'Jack _'. 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- W ress the= '=case." _._=_= ?.;,?: _.,;_ -_- _ Phillips's attorney, James J. Bier- bow er of Washington;-D:C.: declined to-say =Whether- his client would press the case..'I.think I'dbetter 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 2013/02/19: CIA-RDP90-00965R000605020008-4