SPY LEFT OUT IN THE COLD EX-CIA 'SPOOK' ENJOINED

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP74B00415R000400170062-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 15
• Document Creation Date: December 16, 2016
• Document Release Date: June 29, 2005
• Sequence Number: 62
• Publication Date: April 19, 1972
• Content Type: NSPR

Approved For Release 2005/07/13: CIA-RDP74BQD415R000400170062-8
THE WASHINGTON POST DATE 1 ( UL 7 PAGE 2-'
Spy Left Out in the Cold
Ex-CIA 'Spook' Enjoined
By Jim Mann
Washington Poet staff Writer
The Justice Department yes-
terday obtained a temporary
court. order to prevent a for-
mer agent of the Central In-
telligence Agency from pub-
lishing a magazine article or
book about the CIA's intelli-
gence-gathering activities.
The broadly worded court
order', signed by U.S. District
Court Judge Albert V. Bryan
Jr. in Alexandria, also re-
quires the former agent, Vic-
tor L. Marchetti, to return to
the CIA all documents and
property he obtained while
employed at the agency.
Marchetti. also was ordered
to submit any manuscript or
other writing about the CIA
- "factual, fictional or other-
wise" - to the agency for ex-
amination at least 30 days be-
fore its release.
The Justice Department ac-
tion was reminiscent of its ef-
fort Iast year to prevent publi-
cation of the Pentagon papers,
the government's secret study
,of the Vietnam war.
Yesterday's r e q u e s t was
based on the theory that Mar-
chetti had breached a contract
lie signed as a CIA employee,
promising not to disclose in-
formation that might jeopard-
ize national security.
Marchetti was employed by
the CIA from 1955 to 1969,
serving at one point as execu-
tive assistant to the agency's
deputy director. After resign-
ing from the -agency, he pub-
lished a novel called "The
Rope Dancer" about an em-
ployee of the "National Intelli-
gence Agency"
In affidavits submitted to
Judge Bryan yesterday, high-
ranking CIA officials, includ-
ing Director Richard Helms,
said the CIA has received ad-
vance copies of an article enti-
tled "Twilight of the Spooks,"
written by Marchetti for publi-
cation in "a magazine with a-
tionwide circulation."
The CIA officials said they
have also obtained a copy of
an outline for a book about
the CIA, written by Marchetti
and purchased by "a leading
publishing house in New
York."
The Justice Department did
not disclose the names of the
publishing h o u s e and the
magazine. However, late last
night, Aaron Latham, an as-
sociate editor of Esquire
magazine, acknowledged that
Marchetti recently wrote an
article entitled "Twilight of
the Spooks" for Esquire.
Latham said that about two
weeks ago, Esquire returned
the manuscript without pub-
lishing it at Marchetti's re-
quest, after Marchetti told Es-
quire he had signed a contract
with the publishing house of
Albert A. Knopf to do a book
about the CIA.
Sealed copies of the maga-
zine article and book outline
were submitted to Judge Ryan
by the CIA yesterday for his
private examination. The CIA
said that agent Robert P. B.
Lohmann of New York City
obtained the manuscripts from
"a confidential source" on
March 12. No reason was given
for the one-month delay be-
fore the court action.
Also included in the court
papers was a copy of the "se-
crecy agreement" signed by
Marchetti in 1955.
In it, Marchetti, who had
then just graduated from
Penn State University, swore
that he would never "divulge,
publish or reveal either by
word, conduct or by any other
means, any classified informa-
tion, intelligence or knowl-
edge . unless specifically
authorized in writing, in each
case, by the director of central
intelligence."
Asked last night whether the
Justice Department was alsoi
considering. a criminal I rosecu-
tion of Marchetti, a depart-
ment spokesman replied, "That;
would be something you would.
have to take up with the CIA,"
which he said would be respon-
sible for documenting a case
against Marchetti.
Following publication of the
Pentagon papers, the Justice
Department began. a criminal
prosecution of Daniel Ellsberg,
charging in part that he had
violated an agreement he
had signed as an employee of
the Rand Corp. not to disclose
classified information.
Bryan, 45, a judge appointed
in 1971 by President Nixon,
refused to comment last night
on the reasons foi his issu-
ance of the court order. A
hearing in the case has been
scheduled for April 28.
Marchetti, who lives in Vi-
enna, Va., was not present in
court when Judge Bryan is-
sued his order yesterday, and
could, not be reached for com-
ment last night. It was not
clear whether he has already
given back CIA documents as
ordered by Bryan.
Approved For Release 2005/07/13 : CIA-RDP74B00415R000400170062-8
 Approved For Release 2005/07/13: CIA-RDP74BQ041.5R0 0 00170062-8
THE EVENING STAR DATE PAGE
Jude Halts Ex-CIA Official's Disclosures
A federal_lae_ acting at
the Justice Ile a
r, ~?nt -
quest. has orderej former
ntr -fXl Inte. 29,P_1 Cf A e n c y-
official to stop talking to news
Viand nub1 jlgx?s a n ut
` government secrets.
or er issued yesterday
by U.S. District Judge Albert
V. Bryan Jr. of Alexandria is
aimed at Victor L. Marchetti,
42, of Vienna, Va., who re-
signed from the CIA in Au-
gust, 1969.
Bryan's order will last for
ten days, and at the end of
that period - on April 28 -
the judge will hold a hearing
to determine whether to keep
the order in effect.
The JusticeDepartment
identified Marchetti as a staff
member of the CIA from 1955
through 1969. During his em-
ployment, the department
said, he jerved for a time as
executive assistant to Vice Ad-
miral Rufus Taylor, who was
then CIA's deputy director.
After leaving' the CIA Mar-
chetti wrote "The Rope Dan-
cer" which was published last
year by Grosset & Dunlap of
New York and he also has an
article in the April issue of the
National magazine entitled
"CIA - The President's Loyal
Tool."
In a enmp lainf n_, _.texday,
the Tiistire a artmanf said
t archetti has been taik-
iug_xe~ PAtP. ws me is
_to them secrets about U,
ations.
The government filed with
the judge and has asked him
to keep secret copies of a mag-
azine article which, the com-
plaint said, has been sold for
publication, and a typewritten
copy of a proposal for a full-
length book dealing with CIA
operations.
Marchetti said last night
that he had a contract with
Alfred A. Knopf, Inc., to write
a nonfiction book about the
agency but that he had not
begun to write it.
Marchetti said that his book
would be "a balanced attempt
to try to explain how the agen-
cy works." _11a
s2ifi hp.
auanrv for scrutfny before it
" don't k w what they>'re
4fig so
MarrnhPffi vairi..,. `~T.,,,_~m~ind
oficnnfncPd ac to wh h V're
,n0 fn f}7PCP 1Pn ths.,,
The article, the complaint
said, was prepared by Mar-
chetti under the title, "Twi-
light of the Spooks." Justice
Department spokesmen would
not confirm a report that the
magazine involved is Esquire.
In New York, however, an
Esquire editor, Donald Erick-
son, said Esquire had consid-
ered M~archetti's article but
decided several weeks ago,
with the amicable concurrence
of the author, not to publish it,
the Associated Press reported.
Erickson said the rejection
was made for literary reasons
and not in fear that the gov-
ernment might move to stop
its publication.
David Obst, Marchetti's lit-
erary representative, told the
New York Times he had with-
drawn the article from Es-
quire because he did not want
the information to be pub-
lished before Marchetti's pro-
posed book was written.
CIA Director Richard
Helms, in a document filed
with the court, said that both
of these items contain intelli-
gence data that, if disclosed,
would "compromise" current
spying operations, cause
"grave and irreparable harm"
to defense interests, and "seri-
ously disrupt" U.S. foreign re-
lations.
The government challenge
to Marchetti potentially raises
a new dispute, like that involv-
ing lasit year's newspaper pub-
lication of the Pentagon Pla-
pers, over published revela-
tions of U.S. secrets.
While Bryan's order does
not specifically forbid any
magazine or publisher by
name to disclose material
from Marchetti, the order is
aimed at "persons in active
concert or participation with"
Marchetti in disclosure of U.S.
secrets.
sides bannin further dis-
h>=~ em or the
`mirt nrt r rPn111rPG tti
.ta-suhmit to the C?A 30 davs fn
aA.,a.nce anv article includ-
inyw~tinn _~.lI 1 l IA
etti is ?or-
ired to return any CIA oocu-
-~ ..he_ had written
T ke-ge*Q,amcjt's challenge
on a Marchetti claim , a e a is baser ri -
vio-
t_ e si ned
or reveal an secret data un-
less -Tie~ac_g,yeiinPrml~?irnl
bpi the CIA dirartnr to dp so.
Approved For Release 2005/07/13 : CIA-RDP74B00415R000400170062-8
 Approved For Release 2005/07/13 : CIA-RD^P~7~4B00415R000400170062-8
NEW YORK i'1Mi S DA'Z`Q Z' PAGE
Ex-Bo fs Says Writer on C.1. A.
Has Not%
Revealed Any Secrets
By DAVID E. ROSENBAUM
Special to The New York Times
WASHINGTON, April 19 -
,Aam. Rufus L. Taylor, the for-
mer Deputy Director of Cen-
I*Intellience, said today that
ai nvr
in gnnrp secrets.
A Federal judge issued a tem-
porary restraining order yes-
terday to prevent Mr. Marchet-
ti from publishing a book or
articles about the agency. The
judge acted at the request of
the Justice Department.
idmiral Taylor, who is now
retired and. living in Frogmore,
S.C., said in a telephone inter-
view that he had read an arti-
cle by Mr. Marchetti in the
April 3 issue of The Nation
magazine and had read ac-
counts of several interviews
with Mr. Marchetti.
Mr. Marchetti's statements in
the a Tice an in the in ervi s
were.~"~II3LSu e u no
am_~ g," Admira ay or sa d.
Only Known "'
Experts in an out of the Gov-
ernment said today that they
knew of no other instance in'
which the Government had filed
suit to keep one of its former,
employes from speaking orl
writing.
One specialist in intelligence
affairs said, however, that he
believed Mr. Marchetti was the'
first person ever to leave the:'
Central Intelligence Agency and.
then publicly criticize the agen-
cy's activities.
Mr. Marchetti, now 42 years
old, left the agency in 1969
after 14 years. His highest po-
sition was as executive assist-
ant to Admiral Taylor, who was
deputy director from 1966 to
1969.
Except for the article in The
Nation, Mr. Marchetti's only
pubbished work is a novel, "The.
Rope Dancer," which came out
last fall. In the novel, fictitious
agents distort facts to fit the
whims of the President of the
United States and plot to over-
throw a South American gov-
ernment.
Mr. Marchetti has a contract
with Alfred A. Knopf, Inc., to
write a nonfiction book about
the agency. In an interview,
Mr. Marchetti said the book
would be "a balanced attempt
to try to explain how the agen-
cy works."
fidim
he ~ja agreed to submit
Lawyers for the American
Civil Liberties Union, who are
representing Mr. Marchetti,
contend that to prevent Mr.
Marchetti from publishing a
work before it is written would
be prior restraint in violation
of the First Amendment.
They are relying heavily on
the Pentagon papers case, in
which the Supreme Court de-
clared last summer that any
attempt by the Government to
bli
l
k
i
l
i
art
c
es pr
or to pu
ca-
oc
~d: b
r. Marchetti recently wrote) tion bears "a heavy burden of
an article for Esquire magazine,) presumption against its consti-
but the article was withdrawn tutionality."
and never published. Mr. Mar- Admiral Taylor said today
chetti's literary representative, that he came to Washington a
David Obst, said he had with- few weeks ago and told Mr.
11
drawn the article because he
wanted to save Mr. Marchetti's
material for the forthcoming
book. An Esquire editor said
the manuscript had been re-
jected for literary reasons.
Both the Esquire manuscript
and a proposed outline for the
book were sent to several major
publishers in an attempt to sell
the book, Mr. Obst said.
The Government included
sealed copies of the manuscript
and the outline with its com-
complaint. The manuscript,
the Government said, would
"result in grave and irrepar-
able damage to the national
defense interests of the United
States and the conduct of for-
eign relations."
There is a "substantial likeli-
hood" that the book would
"divulge currently classified in-
formation," the complaint con-
tinued.
Hearing Set April 28
The restraining order was
issued by Judge Albert V. Bry-
Ian Jr. of the Federal District
(Court for the Eastern District
of Virginia. He set a hearing
for April 28, after which he
will decide whether to issue
an order permanently restrain-
ing Mr. Marchetti from pub-
lishing works about the agency.
Justice Department lawyers
were said to be basing their
case on the contention that by
publishing works about the
agency, Mr. archetti would
breach a contract, namely the
",secrecy agreements" he signed
upon joining and leaving the
agency.
In these agreements, Mr.
Marchetti promised not to re-
veal intelligence information
without the permission of the
agency.
Marchetti at lunch that I
hoped he would be careful
about what he wrote and would
submit everything to the agen-
cy before it was published."
Admiral Taylor said that Mr.
Marchetti hadp romised to do
so and that he was satisfied
with the promise.
Approved For Release 2005/07/13 : CIA-RDP74B00415R000400170062-8
 Approved For Release 2005/07/13 : CIA-RDP7413004 5ROp,Q4Q0170062-8
THE WASHINGTON POST DATE ZCA#A- _ PAGE
CIA Says It won't Prosecute
Ex-Agent for Revealing Secrets
By Jim Mann
Washington Post Staff Writer
spokesman for
ity a e wl se a
crim>nai prosecution of far-
lii en victor Marche i
fnr e pu asic~ncy
s, nets.
"We're not going to do any-
thing that, for n's
sWe-1'--tNe--QTX spokesman
said. "All we want is for this
hnv n shift un-. It_s a one-ime
thin I think.
n Tuesday, the Justice De-
partment, acting on behalf of
the CIA, obtained a temporary
i.~ourt order preventing Mar-
chetti from writing about CIA
activities, as he had planned
under a contract with the pub-
lishing house of Alfred A.
Knopf.
Yesterday, there were the
following other developments:
subject of intelligence, even if I in 1955, signed a "secrecy
i, ,. r;..+ n?.1 xi,ithin sn rlswc i agreement" preventing him
he Cen- before its release, and orders
? Marchetti st.rtfel hark at
tl IBC col tendin>y that its
important than the battle over
the Pentagon Papers on the
Vietnam war last June.
? A spokesman for Knopf
said that the publishing house'
has not yet decided whether
it., too, will enter the court bat-
tle. Yesterday afternoon, law-
yers for Knopf were said to be
studying the order issued by
U.S. District Court Judge Al-
bert V. Bryan Jr. in Alexan-
dria.
Issues Denial
Byan's order also requires
Marchetti to show the CIA
anything he writes about the
? A spokesman for the
American Civil Liberties
Union, which has agreed to
represent Marchetti, termed
the impending court battle
over Marchetti's book more
r +tir .tl frnn1 dip CAA f, . 1969.
Marchetti to return to the CIA
any documents he might have
taken when he quit the
agency.
In an interview yesterday,
Marchetti denied that he had
ever taken any documents
from the CIA:
"I don't have any documents
to return ... I'm not a (Dan-
iel) Ellsberg.. I did not walk out
with a boxload of stuff. That's
not my hag."
Marchetti said that the book
he plans is not yet written. He
has just finished his reading
and research for it, he said.
He envisions the book as "at
times apologetic, at times
critical" of the CIA.
The former agent has al-
ready written a novel about
the CIA called "The Rope
Dancer." He said yesterday
that he submitted a copy of
the novel. to the CIA in ad-
from disclosing information
about agncy activities Without
clearance from the director of
the CIA.
Effect of Publicity
Marchetti, who now supports
himself with the money he
earns from writing about the
CIA and intelligence, said he'
hopes the new publicity will
help his novel. "It's still drib- i
bling along (in sales) . . . I'm 1
hoping some good will come
out of this."
Ralph Temple, executive
director of the ACLU's Wash-
ington office, said he feels
Marchetti's case overshadows
the battle over the Pentagon
Papers because "There you
were talking about publishing
government documents (about
the Vietnam war) Here they're
stopping a guy from writing
something."
vance. The agency had no offi-
cial comment, he said.
The grounds on which the
Justice Department obtained
the court order is that Mar-
chetti, when hired by the CIA
in his book reflect "a para-
ania ndestine men y.
more t ani I ev r i~hou 1 T." He
2-
Approved For Release 2005/07/13 : CIA-RDP74B00415R000400170062-8
 Approved For Release 2005/07/13 : CIA-RDP74B00415R000400170062-8
THE WASHINGTON POST DATE '1)- 7 PAGE
Judge Won't Lift Ban
on CIA Articles
By Paul G. P:dwards He added that it appears on rngton Post from printing
Wa.shtruton Post stair writer the face of the government al- classified Defense Depart-
U.S. District Judge Alberti legations that Marchetti may ment accounts of the origins
V. Bryan Jr. ruled tentativelyI have violated his agreement, of the Vietnam war.
yesterday in Alexandria that'"with the CIA. % Justice Department attorney
Victor L. Marchetti, former Since he left the CIA in Irwin Goldbloom argued that
agent for the Central Intelli- 1969 after 14 years as an agent "this is not a First Amend-
gence Agency, signed away and administrator, Marchetti II ment case" and that the "New
his constitutional right to has written a spy novel, The York Times case has no appli-
write and talk about CIA ac cation here."
tivities and policies. Rope Dancer," and had an ar- I "There was no allegation in
Bryan refused to dissolve a title critical of the CIA pub- !that case," he said, "that there
temporary restraining order fished in The Nation maga- was an agreement between the
that he imposed on Marchetti!, zine. 1 government and The Times
Tuesday. He also denied Mar-i1 Melvin L. Wulf, legal direr- j and Post" preventing the
chetti's lawyers access to all tor of the American Civil. Lib- 'newspapers from publishing
CIA affidavit that explains 11 erties Union and one of Mar- the information.
why the agency believes Mar-1 chetti's lawyers, said during--, Wulf argued that Bryan's re-
Ichetti's past writings and pub- yesterday's hearing that Mar- i fusal to let Marchetti's law-
lie statements have violated l,!; chetti is working on a book yers see the secret CIA affida-
national security. ! about the CIA to be published vit charging security viola-
Both rulings were appealed', in 1973 by Alfred A. Knopf, a lions by the former agent.
immediately. A hearing on the subsidiary of Random House. ja"emasculates our ability to
appeal is scheduled for, 10:30 Wulf also said that the for- prepare a defense." Bryan,
j a.m. today in Baltimore before 'mer CIA official did some ( however, refused him access
Judge Harrison Winter of the work on an article for Esquire e to the document.
U.S. Fourth Circuit Court of, magazine, but has withdrawn
Appeals. from that project.
Whether or not the appeal' In a Joint statement issued
succeeds, a hearing will be in New York, Robert L. Bern-
hel,d before Bryan next Fri stein, president of Random
day on the government's mo- House, and William A. Kosh-
i tion for a preliminary injune- land, president of Knopf, said,
]lion that would bar Marchetti "We are considering appropri-
boonitely from writing? ate ways of assuring that the
!books and articles or making
statements about the CIA that underlying First Amendment
.do not have the agency's ap- issues are properly raised in
proval. this litigation."
The key issue in the case is Wulf and ACLU general
the secrecy pact that all CIA ! counsel Norman Dorsen ar-
agents sign. In making his rul- gued that a secrecy pact that
Marchetti signed when he
n1g from the bench, Bryan
said, "My opinion tentatively went to work for the CIA in
is that this is not a First 1955 cannot be used to
Amendment. case. I am notabridge his First: Amendment
convinced that there is not atright of free speech and press.
difference between the gov-' Wulf said Marchetti's case is
ernment as an employer and "precisely like" last year's
the government as sovereign. Pentagon papers case in which
it i s my opinion that this is a the government tried unsuc-
tr itional e foyer-employee cessfully to stop The New
(,aPPProved Vo('r Release 200,5d01Vilr4&: aGFA %DR74 00415R000400170062-8
 THE E) S (ease 2005/07/13 CIA-R[FZA004 S(qg0 006 8 GE