HEINE LOSES CASE AGAINST CIA AGENT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP75-00001R000400180028-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 1
• Document Creation Date: November 11, 2016
• Document Release Date: February 22, 1999
• Sequence Number: 28
• Publication Date: December 8, 1966
• Content Type: NSPR

DEC 8 1966
Sanitized- Approved-For Release. CIA-RDR7~55
CPYRGHT
CPYRGHT
CPYRGHT
CPYRGHT
CPYRGHT
trSe
the question of the truth or
falsity of the charges, because
U 1 u
non 1.117t accusing a CIA asserted by the United States.
Estonia emigre 'leader a Com- which would be presented at
Judge l~oszel C. Thomsen is-dilemma which is presented
.sued a order summarily dis- now."
missing the suit filed two years That dilemma, the judge said,
ago by erik Heine, a native fif is whether Raus would be for-
facts
tif
y about
'subuib f Toronto, Canada. 'bidden to tes
Heine suit was against Juri' and to call witnesses in order
Raus, a Hyattsville engineer for to. prove that what he said
the Bur au of Public Roads and about Heine was true. This
,a some me agent of the Central. .inability, he said, might no
:Intellig ce Agency. . only make Raus come into
The IA has said that Raus court "weaponless before hi
adversary," but might den
twas an employe of the agency
Heine "the opportunity to at
and ha been given orders in
tempt to vindicate himself f
1964 to spread the word that
Heine as a "dispatched Soviet court.
"
Intellig nee. operative, a KGB
The judge said: "Ice way t
agent." KGB is the Soviet se-
avoid choosing between two evil
cret 'po ice agency.
s
has been suggested or dis
Judg Thomson based his dis-!covered."
missal of the ,lawsuits on two In upholding Raus' claim tha
ground : he has a privilege of immunit
He s d that Raus has a,"priv- for his officially ordered state
il'ege a ainst liability for defa-: ments against Heine, Judge
mation' because he acted-' Thomsen relied on a 1959 Su-
"within the scope of his em pronto Court decision in the
ployme t by an agency of the case of Barr v. Mat.tco.
vullcu ULQ4eJ. 'rho ruling in favor of the
2. T government has a
CIA's c "privil e against discovery off tell anylamore~secret Iinformat
the secrets of the CIA. . tion about Rails and his actions
Thom en's ruling, in effect, 1
ends th lawsuit, unless Heine's was based upon a federal law national
lawyer are able to persuade defense designed nsed and d safeguard seccurity urity secrets.
s.
higher ourt to reverse the rul-, "It is clear that if Raus makes
ing. leine s attorneys) have said, further disclosures without thei
they w uld appeal if Thomson wouldvn of the agency, he}
dismis d their case. They not only violate the sec=
have 3 days to file.a formal. recy agreement (that he made,
nf appeal with the 4thwith the CIA in 1963), but might!
notice ti C irt of Appeals at Rich- violate the statute prohibit
in unlawful disclosure of con
mond, a. fidential information respect-!
Had e judge ruled the other ing the national defense:"
way, eine's claims that he The judge said that be "has;
was' d amed by Raus would been anxious" to insure that
en tried before a jury. Heine "should have the oppor-l
"The Same Dilemma ..." itunity to discover whatever tget~
Thomsen, noting that Heine
had challenged the truth of the
remarks made about him by
Raus, said in his opinion today:
"A trial,. would not resolve
cover and has accorded
plaintiff (Heine) that opportun-
ity."
But the judge made it clear'
he felt the CIA had been com-
elled to go as far as it should
ave been in disclosing data
oral affidavits that Raus was
role as a Soviet agent because
that w necessary to protect
"the . tegrity of the agency's)
foreign intelligence sources."
The gency's.concern about
Heine. ppaiently rose in 1963
when 13 'was making a tour of
the U fed States and Canada.
During his tour, Heine was de-~
scribin what he called his vig `
orous efforts, as an anti-Soviet
freedom fighter, and as a result
was gaining popularity among
the No American community
of Est alan emigrants.
Boca se of this the agency
decide that it had to expose
Heine' alleged background as a
Comm nisi agent, and chose1
Raus, imself an Estonian im-i
migra t, to do the job.
In h lawsuit, Heine clamed
that o three occasions in 1963;
and 19 Raus described him as,
a Corn unist and a KGB agent:
STATINTL
Sanitized Approved For Release : 'CIA-RDP75-00001 R000400180028-5
e me Lases
~,q ? I
By'LYLE DENNISTON
Star Staff Writer