C.I.A. IMMUNITY CASE RETURNED TO COURT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP75-00770R000100180003-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 163
• Document Creation Date: December 16, 2016
• Document Release Date: January 10, 2005
• Sequence Number: 3
• Publication Date: July 25, 1968
• Content Type: NSPR

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NEW YORK 11121.ES
25 July 1968
.17717105TY CASE
?
RETUNED TO COURT
Speclil to The New York T:nies
RICHMOND, July 23?The
United States Court of Appeals!
for the Fourth Circuit has re-
turned to a lower Federal court
for further consideration the
question of the extent to which
an agent of the Central Intelli-
gence Agency enjoys immunity
in testimony that allegedly ? is
I .
slanderous. . .
The action came on the ap-
peal of Eerilc .1-Leine, about 42,
an emigre from Estonia with a
history as an Estonian freedom
fighter.'
. Mr. Heine in Federal District
Court had. .sought $10,000 in
general damages and $100,000
in punitive damages from Juni
Raus of Hyattsville,. Md., a
part-time agent for the C.I.A.
Federal District Court Judge
Rozel C. Thomsen of Baltimore
had dismissed the slander suit,
brought by 'Mr. Heine on .fne
allegation. that Mr. Raus had
called him an agent of the
Soviet secret police. Judge
Thomsen said Mr. Raus could
not be forced to testify because
of governmental 'privilege.
The appeals court said that
"absolute privilege is available
to Raus if his instructions were
issued with approval of the
director [of the C.I.A.)" or by
an authorized agent of the di-
rector.
It directed the lower court to
determine whether either of
those factors -was present in
Mr. Raus's alleged slander.'
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TRANSMITTAL SLIP
DATE
24- July 1968
TO:
ROOM NO. BUILDINL,
7 D 01
REMARKS:
FROM:
ROOM NO.
DU
tXTENSION
FORM NO. 1
1 FEB 55
REPLACES FORM 36-8
WHICH MAY BE USED.
(47)
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Approved For Ilse 2066)102W5A6675-0077OR
JUL 2 4 1968
TOMB'S
'CASE 1.,2AI1ST
CIA REVIVED
;Ruling Ending Slander
Suit Is Upset By
Appeals Court
The Fourth Federal Circuit
Court of Appeals upset yester-
day the ruling that ended a
$110,000 slander suit filed
against a CIA operative by a
man who said he was an Esto-
nian freedom fighter.
The appeals court sent the
complaint of Eerik Heine, .46,
who now lives in Canada, back
to the trial court so that addi-
tional CIA, statements could be
added to the record.
Mr. Heine claimed that the
CIA was active in attempting to
ruin his career as a lecturer on
anti-Communist activities in Es-
tonia by calling him a planted
Soviet agent.
He identified Juni Raus, 38, of
Hyattsville, as the person who,
brought to a New York meeting'
of Estonian groups information
supplied by the CIA.
Sources Withheld
After a slander suit was filed
against Mr. Raus, whose "overt
employment" was said to be the,
Bureau of Public Roads in
Washington, the Federal Court
decided that the case could not
be tried.
Chief Judge Roszel C. Thom-
sen pointed out in a lengthy
opinion that the CIA refused to
disclose the sources of informa-
tion on Mr. Heine, except to
admit that it had sent an agent
to New York.,
The Government agency was
upheld when it asserted that it
had an "absolute privilege" to
refuse to reveal the source of
its information in the interest of
national security.
Although the F,ourth Circuit
Appeals Court agreed with the
assertion of this privilege, the
ase was sent back so that the
record would show the CIA di-
rector authorized the. instruc-
tions.
The CIA director's affidavits
state that Mr. Raus acted under]
instructions, "which implies'
that the instructions were given
by" an authorized official of the
spy agency.
However, the record still car-
ries the "permissible inference
that instructions were given by
an unauthorized underling and
that the action has never had
the approval of a responsible
official of the agency ...", it
was said. .
"The inference seems unlike-
ly, but we cannot say it is
foreclosed by the present re-,
cord," Chief Judge Clement F.
Haynsworth, Jr., concluded.
Judge J. Braxton Craven, Jr.,
an associate judge on the court;?;
filed a separate opinion calling
for reopening of the case for'
'several additional points.
not 'feel that prior legal decii
sions on the 'subject allowed the'
Government to claim immunity'
where defamation is chosen by
a Government agency as a de-
liberate policy.
Although the CIA may adopt
such a policy in the interest of
the United States, Judge Craven
said that he would not grant an
individual "absolute executive
immunity."
In 'this case, the judge added,
the district court should consid-
er whether Mr. Raus, by reason
of his position in the Estonian
Legion, is entitled to assert the
qualified privilege reserved for
those who have special interests
to protect.
Also, it was stated, Mr. Heinei
should be subject to the scruti-i
ny of the district court to find,
out whether, he is such a publict
figure that the defendant could.
raise a privilege against suit.
Mr. Heine said that he had'
been a prisoner in Russian pris-
on camps and a guerrilla fighter
'against the. Communist take-.
over of his country. He lectures
to 'various Estonian emigre
'groups and shows a movie,
"Creators of Legend."
00180003-2
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\s, Atj
Approved For Release 2005/023ifileeTas00770R000100180003-2
25 JUL 1968
?e_ I
The right of the CIA to shroud its
members in anonymity has been
affirmed by the '4th U.S. Circuit
Court of Appeals in Richmond, Va.
The . decision involved, charges of
espionage the Central Intelligence
Agency leveled against an Estonian
emigre living in Canada. The con-
troversy arose from an alleged
attempt by the CIA to brand Eerik
Heine a Soviet agent. Heine filed'
suit, contending that the allegations
by Juni Raus, anOther Estonian
emigre, were false. taus countered
that he was following CIA instruc-
tions in denouncing Heine as a
Soviet agent; The appellate court
inled that the identity of the CIA
official who allegedly ordered Raus
to accuse Heine was not required.
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croat ? Esa
rco PZ00 PCC3
RTMOND, VIRC.1
NEWS LEADER
280
JUL 24 1969----
? - ?
0
p o n
..1. The 4th U.S. Circuit Court of
Appeals has. vacated a judg-
ment by a federal district court
in Baltimpre that involved
charges of espionage against
an Estonian emigre residing in
Canada. . .
, According to a complex 15-
page opinion released Monday,
the "partially surfaced" con-
troversy arose from an alleged
attempt by the Central In-
telligence Agency to expose
Eerik Heine as a Soviet agent.
Heine contended that the al-
legations by Juni Raus, another
Estonian- emigre, were false
and brought suit against Raus
j in the Baltimore court.
Raus had contended that he
was acting under CIA instruc-
tions in his public sratements
that branded Heine as a Soviet
agent. The district court en-
tered a summary judgment in
? favor of Raus.
Monday's opinion affirmed
the "right of the CIA in this
case to invoke the govern-
mental privilege against the
disclosure of state secrets."
The appeals court, however,
vacated the judgment to allow
. the lower court to conduct an
inquiry into the identity of the
official within the CIA who alle-
gedly told Raus to make the es-
pionage charge against Heine.
Heine contended that the
statements by ?Raus were ex-
tremely damaging to his ca-
reer, and said the govern-
mental secrecy defense left
him with no opportunity to
prove his Case.
' The appeals court had this to;
say about the case at hand and",
its broader implications:
:_
"In such circumstances, is ,
the CIA to seek an indictment
on ch,arges it cannot prove if ,
? the 'sources of its information
afe its own secret agents in the? ?
Soviet Republic?
"Is it to sit idly by, suffering
a pollution of the reliablility ,
its sources of foreign in-
telligence and the intimidation,
arrest and persecution of its,
foreign agents? e
"Or can it protect its sources
of information . . . by warning
its own sources that (a person)
. . is, or may be, a Soviet,
agent.
"In a sensitive area touching,
national defense, the latter
choice seems the one desig-
nated by the national interest
notwithstanding the devaSting
impact of the warning upon one
thus accused of espionage."
In sending the case back to
the district court for further in-
quiry, the appeals court said
"disclosure of the individual
who dealt with Raus is not re-
quired" but directed the lower
court to determine whether the
alleged order came from an of-
ficial with proper authority.
The appeals court said that it:,
a summary judgment in favorl
of Rails seemed appropriate
after the "limited inquiry," it
directed the possibility of a
trial at which "secrets the gov-
ernment is entitled to pre-
serve" would be avoided.
Monday's majority opinion
was written by Chief Judge
Clement F. Haynsworth' Jr.,
who was joined by Judge Her-
bert S. Boreman.
? 'Issuing a partial dissent was
-
the third member of the panel,
Judge J. Braxton Craven Jr.
Judge Craven said at one ,
point he thought it was "error::
to accept general assumptions. ?
as a basis for summary judg-
ment when the opposing party ?
is without access to the infor-
mation normally available" to
test the applicability of "state
secret privileges." .
,
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VIRGINIA SUN
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2/
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\k_zaJzonePts
-
? RICHMOND (UPI) ? The Chief' ?
of the U.S. 4th Circuit Court of
Appeals said Wednesday the' Cen-:
? tral Intelligence Agcy ma7T-De:
---Fattrrtrig?to slander to discredit
persons' it suspects of being coot-i
munist agents,
? Judge Clement F. Haynsworth
criticized the CIA's methods M.
hearing an appeal from a natural-
ized Canadian who won praise as
a Guerilla fighter against Russia
in World War H.
THE MAN, ?Eerik Heine, -47, led
?freedom haters in the ? captive
Baltic States of Estonia. The CIA
now brands him 'a Soviet. KGB
agent and Says he penetrated
Estonian immigrant groups in
Canada, and the United States. I
Heine, of the Montreal suburb
? of' Roxdale; asked the court to ?
force open, CIA files and make
the agency prove that his accu-
sor, a Hyattsville, Md., man.
works for the super-secret agency.
and is immune from prosecution
? for slander in a $110,000 suit.,
:? His accusor is Juni Raus, pub-
licly an engineer for the U.
Bureau of Roads, privately On' the:
CIA payroll, the agency said, to:
glean information from Estonian
immigrants. Raus. also was a
: guerilla fighter against Russia
: when the Baltic states were. seize
had to defend its agent as a mat-
ter of principle to avoid paying
slander damages to a person it
believes is an enemy agent.
RA:IS INVOKED the cloak of
nz..tional security in his defense,
and said if the CIA had to explain
how he worked for them or to
submit detailed proof of employ-
:.-.cnt then national security would
..,e damaged.?
Attorneys for Heine; who be-
...eyed they have a landmark case,
argued that if Raus can commit
the slander they claimed, then the
CIA would have "Carte Blanche
slander cards to hurl accusations
against any citizen."
They said a "more enetra-
t-'..-.g inquiry" by the courts might
show- Raus in fact is no more an
employe of the CIA "than the rank
and file' of the Retail Clerks In-
ternational Association:"
If Raus and the CIA win, the
Heine lawyers said,. "a travel
agency, the National Student As-
sociation, ' the Ancient Order of
Hibernians, the American .Express
Company or the Trapp Family
Singers" could slander at will.
'Rails was charged with calling;
Heine a KGB agent during speerl-
es to Estonian groups in New Yorkl
during November, 1963, ? and ? in I
Maryland during 1964.: , ? ?
The court's .decision was expect-
ed in two to three months'i ?
CIA Director Richard Helms, in
Federal District Court in Balti-
more, Md., defended Raus, he
was on the Agency's payroll when
he called Heine a KGB agent.
SINCE THE lower court hear-
ing, however, the CIA has dropped
out of the case, at least in public.
Judge Haynsworth said the
agency's policy appeared to show
an extraordinary instance of the
exercise of governmental author-
He said it appeared that top CIA
officials could order agents to "go
, ,out and slander an individual."
Haynsworth also asked attorneys
for Raus why, if the CIA is vital-
ly concerned with snational secur-
ity aspects of the case; did it ever
get involved in the first place in-
stead of "leaving the defendant to
fend for ?himself."
Raus' ? attorney *said the. CIA
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CriNtakri StIN
t;ILIN 1 1367
Alleged Ci;. A Methods Irk'
U.S. Judge in Raus Case
Richmond, May 31 lin?A Fed-
eral judge today criticized what
were described as Central Intel-
ligence Agency procedures in
ihe-Case-af-a-maii Who contends
he was falsely accused of being
a Soviet agent.
Chief Judge Clement F.
Haynsworth, Jr., of the Fourth
Circuit Court of Appeals said
circumstances in the case re-
presented "an extraordinary in-
stance of the exercise of
governmental authority." -
Upheld In Baltimore
, His comments came as the
? court heard an appeal from
Eerik Heine, a Canadian of
Estonian background, Who has
charged Juri Raus, a self-de-
scribed CIA agent, with slander
in describing him as an "in-
strument of Soviet intelligence."
1;aus's argument that he
_
should be given the "absolute'
privilege" afforded governmefil
tal employees- in the perform-!
anae-of their duties was upheld'
by Federal District Court in
Baltimore.
An atterney ' for Mr. Heinel
pictured this as a "Nuremburgl
defense" of the type used by
persons accused of Nazi war
crimes in which they main-
tained they were only following:
orders.
Mr. Raus had contended he
was acting under orders to warn
"members of Estonian emigre
groups, , who__ere sources
of foregn intelligence ? for
the agency" of Heine's alleged
status as a Soviet agent.
Judge Haynsworth said this,
seemed to be a situation in;
which highly placed officials in-,
structed subordinates to "go out
and slander an individual."
He asked why the CIA, if it
were vitally interested in nation-.
al security, did not "leave the:
defendant to fend for himself."
Au atterney for Mr. Raus said
this would have left the CIA'
with the prospect? of paying a
"money judgment" to a person:
it believed was an enemy agent.
Mr. Haynsworth said this at
least would "give the plaintiff a
chance to vindicate himself,
which he doesn't have now."
Mr. Raus's lawyer said the
case represented a "real dilem-
ma" in that a full trial would
allow intelligence secrets to be
exposed in the courts.
Mr. Heine's lawyer, however,
said his client h,as a right to a
full and complete trial in order
to clear himself.
The appellate court routinely
Mi. Heine filed a $110,000
slander suit' against Mr. Raus
in 1964. He sought $10,000 in
compensatory damages . and
$100,000 in punitive daniages.
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WASHINGTON STA t:
1 'GU
Heine Case
Appeal Judge
Assails CIA
RICHMOND, Va. (UPI)?The
chief judge of the U.S. 4th
Circuit Court of Appeals says
the Central Intelligence Agency
may be ordering its agents "to
go out and slander" suspected
subversives.
Judge Clement F. Haynsworth
yesterday criticized the CIA's
methods in hearing an appeal ,
from a naturalized Canadian
who was a guerrilla fighter
against Russians in the Baltic
Sea province of 'Estonia.
Erik Heine, of the Montreal
suburb of Roxdale, asked the
court to force open CIA files to
? prove a Maryland man who
, called Heine a Russian spy
V actually is a CIA agent and
immune to prosecution.
I The CIA has branded the 47-
year-old Heine as a KGB agent
working for the Soviet Union
among Estonian immigrants to
Canada and the United States.
Heine sought $110,000 in
slander damages against the
Hyattsville, Md., man, Juni
Raus, who publicly works as an
engineer for the U.S. Bureau of
Roads. Raus, also an Estonian
freedom fighter in World War II,
has become a naturalized U.S.
citizen. The CIA said he worked
for the agency.
Haynsworth said the case
appeared to show "an extraordi-
nary instance of the exercise of
governmental authority." He
said it appeared that top CIA
officials ordered subordinates to
"go out and slander an individ-
ual."
A decision in the appeal may
be given in two to three months.
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L06/4 Poe;r
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149LAC, - Viruulf
Court Ponders CIA 'Slander' Role
RICHMOND, Va., May 31
(AP)?A Federal judge today
explored the role of the Cen-
tral Intelligence Agency in
blocking a trial in the case of
a man who contends he was
falsely accused of being a So-
viet agent.
Chief Judge Clement F.
Haynsworth Jr. of the Fourth
U. S. Circuit Court of Appeals
said circumstances in the case
represented "an extraordinary
instance of the exercise of gov-
ernmental authority."
His comments came as the
court heard an appeal from
Eerik Heine, a Canadian of Es-
tonian background, who has
charged un i Raus, self-
described CIA agen , with
slander in describing him as
an "instrument of Soviet intel-
ligence."
Raus' argument that he
should be given the "absolute
privilege" afforded govern-
mental employes in the per-
formance of their duties was
upheld by a lower court in
Baltimore.
Raus had contended he was
acting under orders to warn
"members of Estonian emigre
groups, who were sources of
foreign intelligence for the
agency (CIA)" of Heine's al-
leged status as a Soviet agent.
Haynsworth said this
seemed to be a situation in
which highly placed officials
instructed subordinates to "go
out and slander an individ-
ual."
He asked why the CIA, if it
were vitally interested in na-
tional security, did not "leave
the defendant to fend for him-
self."
An attorney for Raus said
this would have left the CIA
with the prospect of paying a
"money judgment" to a per-
son it believed was an enemy
agent.
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RICHMOND, VIRGI IA
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E ? .126,574
MAY 271%7
CIA Case Set
er p;e.'Is
Cfogszt to Conve
' The 4th I:J. S. Circuit Court of
Appeals convenes in Richmond
Monday for a week-long session
that will include arguments on
topics ranging from a slander
suit involving .the Central In-
telligence Agency to a fatal ac-
cident in a Hopewell boat race.
Also among some 30 cases to
be considered by the court is a
'challenge to a National Labor
Relations Board ruling that
found a Virginia company guilty
of unfair labor practices.
_ Hearing arguments on the
wide variety of legal issues will
be two three-judge panels. None
of the cases involves .a hearing
before the full six-juqge appeals
court.
ACTION AGAINST AGENT..
One of: . the more unusual
cases centers on a suit by Eerik
Heine, a Canadian of Estonian
background? against Juni Raus,
described as an agent of the
Central Intelligence Agency.
Heine contended that state-
ments by 'Raus identifying him
as a Soviet agent brought him
into "general scandal and dis-
grace" and damaged his "good
name and reputation:". ?
Raus, in his response,
claimed the "absolute privilege
which the law affords to govern-
mental employes sued for al-
leged- defamatory remarks
made in the performance of
their governmental duties."
"The plaintiff," Heine's brief
Said, "in no way attacks the
doctrine permitting valid na-
tional Security matters from
being cloaked' from the view of
litigants who must . consequen-
tially stiffer from the inability
to establish the true facts.,
"However, this cloak covers
with darkness all of the facts in
the case regardless of which
party is ? affected adversely.
"The defendant was engage,'
by the Central lntelligenc
Agency,-' , Raus' brief said, "to
warn members of Estonian
emigre groups, who were
sources , of foreign intelligence
for the agency . . . the Eerik
Heine ... was an instrument of
Soviet intelligence. . . ."
Heine contended, in challeng-
ing a lower court ruling, that
"the defendant could neither es-
tablish the truth of his allega-
tions . . . nor his own alleged
employment and scope of em-
ployment with' the CIA."
Another case involves a suit'.
against the Hopewell Yacht,
Club and other defendants as
the.result of the death of a rac-
ing boat driver who was killed;
when his craft was struck from
behind by another boat.
Attorneys _for the widow of
Homer I. Bland, in seeking the
reversal of a .ruling by the U.S.'
District Court in Richmond,'
contended that Bland's death
was the 'result of a lack of traf-
fic control. ,
In its ruling, the lower court
found that "tbere was no prima-
ry negligenee on the part of any
of the defendant's" and said that
Bland's negligence was the
cause of the accident that oc-
curred during the 1965 running
of the Gold Cup Regatta. ,
; A third case centers on a find-
ing by the National Labor' Rela-
tions Board' that the Electro-
Plastics Corp., a Virginia corpo-
ration, engaged in unfair labor
practices. ,
'
.The finding, which IS being,
challenged by the Pulaski-based!
firm, said the company threat-
ened its employes with reprisals',;
for their refusal to participate,
in anti-union activity.
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U-
A-16
**
THE EVENING STAR
Washington, 0. C? Monday, May 8, 1967
Trees Govern Lc
RIYAD If?Saudi
farmers who have ve show/
Estonian Emigre Heine ili.anizlitnerpelsatntiinng7urtvOl;g1
trees have been told the
Jailed in Expo Protest obtaining a loan to Ini)
of 15 trees is a prereqe
pumps.
By ORR KELLY
Star Stalf Writer
Eerik Heine, who has been
\.:9 accused by a Central Intelli-
gence Agency employe of being
a Soviet intelligence operative,
was scheduled to appear in
court in Montreal today,
charged with pouring paint on
a sculpture at the Soviet pa-
vilion at Expo 67.
Heine, who has maintained
that he is a strongly anti-Com-
munist Estonian patriot, is ac-
cused Of pouring red paint over
the sculpture Saturday afternoon
to protest celebration of Es-
' tonian independence day at the
)1.:.world fair.
)1 Montreal police, who have
ur.,
been concerned about political
demonstrations, especially by
anti-Castro Cubans, kept Heine
in jail over the weekend.
Says Someone Had To
His attorney, Jean Salois of
Montreal, said this morning that
he tried yesterday to get Heine
out of jail on bail, but was un-
able to learn the technical
charge that had been leveled
against him.
Heine's wife, speaking by
telephone from the family home
in Rexdale, a suburb of Toron-
to, said her husband left Friday
evening for Montreal, telling
her that someone had to protest
the celebration at Expo 67 and
the visit of a high-ranking So-
viet Estonian official,
"I thought he was just going
to walk around with a sign,"
she said. "I didn't know about
the paint until he called me
from jail Saturday night."
In Limelight Through Suit
Heine came to public attention
in this country after he filed a
$110,000 slander suit against
Juni flans of ? Hyattsville. He
said Raus, who also has been
active in .Estonian emigre af-
fairs, had told other Estonians
in this country that Heine was
a Communist agent and worked
for KGB, the Soviet secret po-
lice.
. In the first phase of the case,
a federal district judge in Balti-
more ruled that Raus was pro-
tected against a suit for slander
because he was acting ,.within
the course of his employment
J
Approved For
by the government. Officials of
the CIA submitted several affi-
davits to the court in which
they said Raus had been in-
structed to warn fellow Esto-
nians about Heine.
The case is now on appeal to
the 4th Circuit COhrt of Appeals
in Richmond.
SALESMAN
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FOR
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Soviet display
pii-smeared;
exupiisoiler held
MONTREAL (CP) ? A To-
ronto man was being detained
; by police yesterday after a
monument in front of the So-
viet pavilion at Expo 67 was
smeared with paint.
Montreal police said the 47-
year-old man, taken into cus-
tody minutes after the Mei-
dent Saturday, \va.s., to reptant
, in detention penLik
sion by Soviet authorities
about Whetherlliey--gfro-uid
miike--a?coinnia-int against
The making of such a com-
plaint was up to these offi-
cials, a police spokesman
said. Their decision was not
expected until today.
- In the Saturday incident, a
man was seen painting the
monument, and ended up by
pitching what paint he had left
over the structure. Most of the
paint was cleaned oil by au-
thorities later.
The man who did the paint-
ing was quoted by Expo au-
thorities as saying he once was
a prisoner in the Soviet Union.
As the paint was being
splashed on, the Soviets inside
the huge slope-roofed pavilion
were staging events in honor
of one of their country's mem- \
ber republics, Estonia.
. The monument is designed
as a salute to Soviet society
and ideals. .
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?
NOR THERN
VIRGINIA. SUN
.Approved Fite1ease.20htta1428 Aft-RDP7/
'HeinesFiles Appeal
?
0A)01 800034S(
Anef dLas
',11(
fame in Europe as a piano maker
is noted in Estonian immigrant
circles for his rigidly anti-Rus-
? sian and anti-communist lectures.
Man Called .Soviet Spy ilmSrince
etirillacasfigehtbeertanrepittatfio"n-
has become clouded and his' in-
?
Sues toOpenCiAFiles
. .
RICHMOND (UPI) ? The Cen-
tral Intelligence Agency may
have to open its files for the
first time if a challenge to the
Agency's shroud of secrecy made
by A famous Estonian guerilla
fighter succeeds.
.Eerik Heine, branded as a
Russian KGB agent by a man
the CIA says works for them,
filed suit in the U. S. 4th Cir-
cuit Court of Appeals Monday
in an 'appeal of $110,000 slander
case. .
The 47-year-old Heine, ? making
this first test of the CIA's right
to absolute secrecy, is a natural-
ized Canadian' living with his
wife' in the Toronto suburb of
Roxdale, Ont.
CAPTURED in the 'Russian
seizure of Estonia' in World War
II, Heine became a legend in
the Baltic Sea states for with-
standing. brutal torture in a Rus-
sian labor camp and joining
guerilla fighters after his escape.
t In. a twist ? to the case, 'Heine's
lawyers say the 'CIA may think
Heine, is not the men he . Claims
? be.
. griefs filed for Heine demand-
'JI.
?
ed the court order the CIA and
director Richard Helms to open
their files and prove the man
who called him a Russian spy
actually works for the CIA.
The man, Jun i Raus, another
Estonian, new a naturalized U.S.
citizen, invoked the veil of nation-
al security in the slander trial
before a Baltiinore Federal Din-
trot Court. -
Pubicly, Raus said, he is a
highway research engineer for
the U.. S. Bureau of Public Roads
and living in ? Hyattsville, Md.
PRIVATELY, he and the CIA
said, Raus works for ,the intel-
ligence agency,.
Heine's lawyers said the crux
of their case is that if Raus
, a CIA man, then before he
can be given immunity the CEA
must at least prove that he ,is.
But to do that much; the CIA
said in District 'Court,' would be
to open too .many doors and ex-
pose too much of the. CIA's in-
telligence - ? gathering , methods:
among .II;stopians :And other im-
mignants, , .' ?
Heine, *hese father. gained
come has dropped: -
APPARENTLY, Heine came
. under CIA suspicion through sim-
, iiarities between him and an-
other Estonian,- Arthur Hayman,
since deported es S Russian
agent.
Hayman advocated using air
balloons filled with anti-Comrnu-
' rust leaflets to drop over Estonia.
? Heine; ?clairniag he -knew nothing
about , Hayman or his proposal,
advocated the idea himself.
The CIA's Raus admitted call-
irg Heine a Soviet agent. But
that was all Raus would say,
under orders from the CIA when
the case broke. -
Heine's appeal said a "more
penetrating inquiry" into wheth-
er or nOt Raus is a? CIA agent
may show he was no more ,a
CIA man than the average mem-
:ber of the 'National 'Student As-
..soeiation " , 'a 'group puhlicly? linked
?
;
pprt*. t '?
. , ; , , , ?
Heine accused Raus of making
the charges because he is "a
jealous opportunist delighted to
grasp . a hint of caution from
ithe CIA, inflate it with the hot
breath of his own ambition, and
thereafter proclaim to the world
that Eerik Heine was a commun-
ist." ?
THE -APPEAL said if the CIA
merely has to say someone works
for it for ,it to be accepted as'
courtroom proof,. then scores of
gorsons would "'carry a CIA
Carte Blanche slander card 'to'
hurl accusations against any citi-
zen."
The appeal said- the. CIA ceuld
claim 'nearly' anyone as one of
'ts ? members,- from "a travel
cgencY, the National Student As-
sociation, an international labor
movement, the Ancient Order of
Mixt-Mans, .the American Ex-
'press Company, the Alliance for
Progress of, the Trapp Family
Singers."
Such ,CIA prolection wcuki give
?)ersons .blanket 'protection to
slander at 'will, the appeal ,said.
The, case was expected to be
during, the, count's June
tprit
? - ? t.G.
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taz iscilt-RDP7 007110E0100180003-
. .
lecs
Heine
? By ORR KELLY
Star Staff Writer
, The Central Intelligence
Agency has been accused of
using 'expediency rather than
security" as a guide to how
much it revealed to a federal
court in a slander case involving
two Estonian emigrants.
The accusation was made in a
brief filed with the U.S. Court of
Appeals in Richmond yesterday
by attorneys for Eerik of Rex-
dale, Ont.
Heine filed a $110,000 slander
suit in November 1964 against
Juni Raus, an engineer for the
Bureau of 'Public Roads and a
resident of Hyattsville. He said
7,1 174)
LU tii.JUU
Raus had accused him of being
a Soviet agent.
The CIA later admitted, in a
series of affidavits filed with a
federal court in Baltimore, that
it had instructed Raus to warn
fellow members of the Estonian
community that Heine was a
"dispatched Soviet operative, a
KGB agent."
On Dec. 8, 1966, Federal
District Judge Roszel C. Thom-
sea, 'granted Raus a summary
judgment based on his claim
that he was immune from a
slander suit because he was
acting as an agent of the U.S.
government when he made the
accusation against %lend.;
. ?
In their appeal brief, Heine's
lawyers, Ernest C. Raskauskas
and Robert J. Stanford, argued
that the CIA had said it could
supply no further information
and then, under urging from the
court, told a little bit more
about its relations with Raus.
"It would appear that expedi-
ency rather than security was
the guide in determining how
much Richard Helms (now
director of Central Intelligence)
would disclose in the affidavits
filed in support of the motion,"
the brief said.
The brief also challenges the
right of the CIA to involve itself
in the activities of groups in this
country.
In his affidavits, Helms said
the CIA had the right to protect
its sources of foreign intelli-
gence. Heine's lawyers argue
that this right is restricted to the
control of unauthorized disclo-
sure from within the intelligence
community.
, "Under the contorted con-
,.
struction of the statute and
regulation.. . any source,
deemed to be a source of foreign
intelligence by -the CIA, such as
a travel agency, the National
Student Association, an interna-
tional labor movement, the
Ancient Order of Hibernians, the
American Express Co., the
Alliance for Progress or the
Trapp Family Singers, could be
declared a source of foreign
intelligence which must be
sequestered and protected from
contamination or infiltration by
an alleged Communist or Com-
munist sympathizer," the brief
said.
Raskauskas and Stanford
argued that Judge Thomsen had
erred in a variety of ways in not
permitting cross-examination of
Raus, in not requiring more
information from the CIA and in
not permitting a trial on the
merits of the, case. They asked
the', appeals t 'court 'to send 'the
case back to the district court
ler a. full trial on thsynents."':
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WASHINGTON DAIIY
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EiZ 28 1967
Awoecals
-
C-iis Suit
Against VA
Erik Heine, 47, a former
!Estonian guerilla fighter. who is
? now a Canadian ?citizen, again
; has taken on the CIA in his
? appeal of a $110,000 slander case
Idismissed by a District Court in
!Baltimore. His reputation and
;income ? have suffered, he
j claimed, since a CIA agent
I called him a Russian agent.
, Mr. Heine, now appealing the
Baltimore decision in U.S;
Fourth District Court of Appeals'
in Richmond, insists that the
CIA should be required to prove
that the man who branded him,
? Juni Raus, is one of their men.
?,The CIA testified, however,
:thaVto .prove Mr. Raus is their
' agent would open too many
?
doors and expose too much of
the CIA's intelligence-gathering
methods with Estonian and
'other, immigrant sources.. ? Mr.
? Rays is also a former Estonian
guerilla fighter.
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Court Asked to Order
Proof of Raus's CIA Link
RICHMOND, Va., March 27
(UPI) ? A naturalized Cana-
dian who has been doing bat-
tle with the Central Intelli-
gence Agency today asked the
U.S. Fourth Circuit Court of
Appeals to order the CIA to
open Its secret files.
Eerik Heine of Roxdale,
Ont, filed a brief with the
Court against CIA Director
Richard Helms and the Agen-
cy, seeking to force the CIA
to prove its claim that a Mary-
land man who called Heine
a Communist and Russian spy
is in fact a CIA agent.
Today's ac t ion stemmed
from a $110,000 slander suit
"--???.+1???
Heine filed against Jun i Raus
an Estonian who became a
U.S. citizen. Heine charged
Raus told members of the
Estonian colony in New York
that Heine was a Russian
agent.
Raus, of Hyattsville, Md.,
won dismissal of the slander
suit in U.S. District Court at
Baltimore after presenting af-
fidavits from Helms indicating
Raus was a CIA agent.
Heine's lawyers demanded
today that the CIA must at
least prove Raus is an agent
before he can be given im-
munity from lawsuits.
_
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BEST COPY
Available
?
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ILLEGIB
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From: Progressive, February, 1967.
Approved For Rel
of all decisions made by the United
States. This is not patriotism. It can
be, instead, the road to national
dis-
tcgration....Criticalal thinkers and
thinking critics constitute the life-
blood of any society."
The President, of course, has the
right to disagree with his critics and
seek to prove them wrong if he can.
But when he holds up honest critics
to public scorn and hatred, he de-
means himself and his high office and
undermines the Constitutional guaran-
tee of free speech. He would serve his
country and himself better if he would
read and take to heart the splendid
words of Cardinal Cushing.
atfle Cry
Cardinal Spellman's recent declara-
tion that anything less than victory
in Vietnam would be inconceivable
had the ring of Barry Goldwater and
Richard Nixon, and was in dreary con-
trast to the many efforts of Pope Paul
VI urging a negotiated peace.
Enough has been written about the
Cardinal's trumpet call to make ex-
tended comment here superfluous.
However, we would like to note that
the Cardinal has been fond of saying,
"My country, right or wrong," a mili-
tant pronouncement which years ago
another noted Catholic, G. K. Chester-
ton, put in proper perspective.
'My country, right or wrong,'"
Chesterton wrote, "is a thing that no
patriot would think of saying except
in a desperate case. It is like saying,
'My mother, drunk or sober.'"
The Committed Churches
One of the most hopeful develop-
ments of the 1960s has been the grow-
ing involvement of religious leaders?
Catholic, Protestant, and Jewish?in
actions which breathe new life into
the concept of brotherhood. Clergy-
men of all faiths have gone South to
advance civil rights, to their city halls
and state capitals to plead for open
housing legislation, and to Congress
with appeals for passage of programs
to combat racial discrimination and
poverty.
February, 1967.
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This growing. social concern of the erencl P. David FAtiks, a priest in a
predominantly Negro ward who was
on the advisory council of a militant
Negro group. "The church," said the
Catholic bishop, "must be where prob-
lems are, where hunger is, where
rooms are cold and where difficult de-
cisions have to be made." In what
might be viewed as a rebuke to those
laymen and a dwindling number of
clergymen who hold that churches are
for "preaching only," the Bishop said,
"Stained glass windows are apt to be-
cloud our vision of poverty and dis-
tress."
This new surge of church leader-
ship supporting actions against racial
discrimination and poverty holds out
the hope that -these ancient evils may
yet be dealt with decisively in the
United States in our time.
churches was demonstrated most re-
cently by the Presbytery and the Cath-
olic archdiocese of Chicago. The
Presbytery, governing body for some
90,000 church members in that area,
announced a program to help carry
out the terms of the open housing
agreement reached last year by city ,
leaders and the Reverend Martin
Luther King, Jr.
At the same time, Archbishop John
P. Cody called upon the two million
Roman Catholics in 459 Chicago area
parishes to take part in study and ac-
tion programs designed to improve
education, housing, and employment
opportunities for Negroes. The par-
ishes were asked to work with Protest-
ant an,d Jewish congregations in these
fields of concern.
Each parish is expected to set up
a layman's committee. For, the first
four months, Catholic pastors and lay-
men are to study racial problems in.
housing, education, and employment.
Then the "action" phase begins. The
committees are expected to visit all
realtors in their areas to discuss open
Occupancy, visit lending institutions to
urge non-discriminatory lending pol-
icies, meet with school and PTA of-
ficials in their neighborhoods to "dis-
cuss the achievement of quality inte-
grated education," and talk with offi-
cers of business firms about the need
for fair employment practices.
"As long as any Of our brothers and
sisters in Christ suffer injustice and
indignity in our midst," Archbishop
Cody wrote in his letter to all par-
ishes, "we are involved, and we roust
become involved." ?
Albert A. Raby, who is co-leader,
with Dr. King, of the Chicago Free-
dom Movement, said, "We are over-
whelmed by the comprehensive nature
of the Archbishop's program." He ex-
pressed himself as "equally pleased"
with the action of the Presbyterian
church. "Had such a dialogue begun
ten years ago," he said, "we might
easily have avoided many of the ser-
ious problems of the last few years."
An encouraging development on a
smaller scale was the appointment by
Bishop Fulton J. Sheen of Rochester,
New York, of a young priest to be his
special vicar to work on problems of
housing, education, social justice, and
equality. The bishop named the Rev-
Privileged Sdnctuary
Once again the Central Intelligence
Agency has demonstrated that it is a
privileged sanctuary above and beyond
the reach of the laws that govern the
rest of us.
This time the case involved an Es-
tonian emigre who was persuaded by
tI CIA, for reasons best known to
itse1171-76?ruin the reputation of a fel-
low emigre by accusing him of being
a Communist and an agent for the
Soviets. The plot succeeded, and the
victim brought a slander suit against
his accuser.
The CIA refused to allow its paid
accuser to testify on the ground that
this would imperil the national secur-
ity. Now a Federal judge has upheld
the agency's decision and has thus de-
nied the hapless victim his day in
court.
It strikes us that the national secur-
ity is in greater danger from the CIA's
subversion of elementary, Constitutional
rights than from any revelatiOns that
an obscure Estonian emigre would be
likely to make in court. Of even
greater concern to us is the Federal
judge's ruling upholding the CIA.
Both the CIA and the court, by arbi-
trarily denying simple justice to an in-
dividual, have denigrated the demo-
cratic process.
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9
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(5
ra II'
?
Pogo 0:har
p43 Pogo
rroot E2:
FORT V/AYNE, IND.
NETIS-SENTINE4
Z - 771258
`JAN 9 1967
Gliki`rEDITORIAL
?-?-r????7^,r1.110.101.111
. ?
CIA's Blank Check for Slander
?
(The Dayton Daily. News)
The best thing that can be, said of Judge
Roszel C. !Thomsen's ruling in Baltimore's
. CIA slander case is that it probably will be
appealed. If 'allowed to stand, the decision
by the federal court judge would permit ,
the Central Intelligence agency to slander
and libel freely without 'having to answek'
for or, justify its ' acts.
The judge ruled that Juni Raus, whom
the CIA acknowledges as' its own man,
' needn't testify .in the $200,000 damage suit
filed against him by Eerick Heine. The.
CIA told the court Raus was acting under
orders when he called Heine an agent of,
the Soviet secret police during a New York
meeting of the Legion of Estonian Libera-
tion.
Judge .Thomsen said that for Raus to
testify might breach his oath of secrecy
and that the CIA has a right to protect its
, foreign intelligence sources in the United'
States,
Maybe, but only up to a point. Wouldn't
the ruling, for instance, allow the CIA to
tamper with U. S. elections by assigning
agents to slander candidates? the agency.'
didn't like? There is no indication of course,,'
that the CIA plans any such sport, but
clearly the opportunity must be hedged ,
, against, if not to protect Americans from
any conscious plotting, then to shield them
from zealousness no matter how high-mind- '?
ed the zeal might be. , -
If higher courts find, as Judge Thom-/e
'sen has, that Congress granted the CIA
power to protect its activitieS from all ju-
dicial inquiry ? and denied redress to- all
CIA victims ? then Congress will have to
amend the law.
. Meantime, .shouldn't Congress be looking'?
into another angle of the case? The 1.946
law that created th,e CIA specifically barred
:the agency from internal security functions.',
Isn't there cause to' wonder whether, by.
ordering slander at a meeting in New York,)
the (CIA was' operating where it has no
business' ? '
? , r
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?
?
Mtn\ 10 E SUN
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DEC 1 5 1966
The CIA Case
A slander suit was thrown out of
Federal court here last week under
unusual circumstances. The man
bilriging the suit, Eerik Heine, had
been called a Soviet agent. The man
Who made that accusation, Juni Raus,
said he could not testify as to the
truth or falsity of it because he was
employed by the Central Intelligence
Agency, and the CIA wouldn't let him
talk. The CIA said it provided the in-
formation for the accusation, but would
not reveal what it was. This silence
was said to be necessary to protect
the agency's sources. The law, the CIA
claimed and Judge Roszel Thomsen
agreed, allowed this silence.
So whether Heine is a spy, whether
the accusation damaged him, whether
there are grounds for the CIA to sus-
pect him, even whether Raus is a CIA,
agent?all these things reniain untested
in court. It is a queasy business, what-
ever the law and whatever the facts.
No one really suspects the CIA would'
deliberately slander a man for political
purposes, but it might. Suppose a
President of the United States felt it
was in the national interest to dis-
credit a critic of some policy. A
charge by an intelligence expert that
the critic was a Communist would do
that effectively, and the truth of the
charge could never be tested. Neither
could the motive or the true source
be discovered. That's far-fetched. This
isn't: suppose the CIA is simply mis-
taken. Like any bureaucracy, it can
err: A reputation ruined by a clerical :
mistake is just as ruined as one ruined
by black intrigue.
? If the law must remain as it is, an
extra responsibility falls on the con-
gressional overseers of the CIA. They
must protect individuals from what is
now an agency that is above all law.
Their investigation of cases like this
Ione would be no real substitute for
conventional judicial procedures, but it
now appears that that is the only sub-
stitute available.
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CIA privilege ???
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U.S. court dismisses
Heine slander suit
WASHINGTON (CP) ? A
U.S. federal Judge yesterdey
dismiesed the $iiS.?Ss slander
welt bled by nensrealsed Cans-
tban Eerik Heine against a
sal-acknendedged agent of da
C*edIstellipance Away.
Judge Iowa Thomsen. in a
wean opinion filed at Balti-
more, said a "trial would not
resolve the quewion of the
truth or Welty of the charge
because the 'court would will
a required to recognise the
Privilege aseetted by tie
United States."
The defendent was Juni
Raus. sPll tun kged American
who, like Mx. Hans. ones born
ht Estonia and is save ht Es-
tonian emigre groups. He ad-
mitted In court having called
Mr. Heine an active Soviet
spent but claimed immunity
from the slander action be-
cause of hie CIA role. The CIA
and the United Stites through
the Justice Department had
backed Ida alddlY?
Tnei tediele olibitell rater`
day ranted their ippliatios
for dismissing the alt.
Counsel far Mr. Heine, a
A UAL' fedora
die $1
bee
r by HEW. a
.ifeeed.Wv ;le
-0
ft{4'
?46. to'ci
1, 4
!Av.
la-
Phs
'tag, 000,
realent a Toronto, said im-
media* lie will appeal to
the U.S. Fourth Circuit Court
ci Afeweis, slating at Rich-
mad. Va.. and ,the Au-
proms Court if sectisity,
'Arabi's. 41, cliarged Mr.
Raw, .311 with shoder In No-
comber. UK gase.aftar Mr.
Rao at his .eftse*asee tea-
enmity told some members
at a NO. Verb atigre meet-
ing fhat Mr. Heim was a dis-
patched Sovist agent.
' Mr. Heine had becomes
Canadian citizen ip ISM. He
says he is a hard-line oppo-
nent el, coenninaiont from Ms
Second World Wp Attys.
At, the legal :pmpadingo in
Baltimore .airlier. this year,
leatimony by :Mr. Rau was
sharply limited a all aspects
of Ms CIA career, The cu is
the global U.S. spy aPparstits.
Iudqe Tecate's, mph*, It
**MO WV-S. OK
layers.' that sore &-
Vt. iseestity: .1'4*
The CIA argued theeperudt-
llal di. mos no?d at all
could serve as team emit&
hos lee low smite go be
WSW* slehlot, 4L spats
dolma
di* etessd
Judge. Tbiotailiiniii 413flient:
tilted two Sate,* COM dee&
atom qs his Be!
conceded 'the'
Piled an Mr. 'Oinking
to press Ms
? 'it cannot defiled ..that
the ef
IMMO sa4 M,
demo-
eti ask
sect ta
110'
thir
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Slander case in U.S.
Heine lawyer lists appeal points
WASHINGTON (CP) ?
ik Heine of Toronto will meet
his lawyer in New York this
weekend to shape an appeal
against dismissal of a 3110.000
slander suit he launched
against an agent of the U.S.
Central Intelligence Agency.
His lawyer said here yester-
day the appeal may be
launched next Monday.
District Judge Rosie! Thom-
sen of Baltimore dismissed
Mr. Heine's suit against Juni
R aus e. an acknowledged
agent of the CIA last Thurs-
day.
Mr. Heine had sued Mr.
Raus on the grounds that Mr.
Raus told some members at
the North American Estonian
community in a New York
meeting in 1963 that Mr. Heine
was a Soviet Agent.
Mr. Heine and Mr. Rause
are both Estonian-born and
active in the affairs of the em-
igrent community.
Mr. Ruiz, the CIA and the
U.S. Justice Department suc-
cessfully argued that Mr.
Raus' role as CIA agent made
him immune to the slender
action ? that he bad allied
Mr. Heine a Conuntiniet silent
on CIA orders.
Ernest Raskauskas. ono of
Mr. Heirie's lawyers. said
Monday that several main
points are likely materiel for
the appeal to be made to the
Court of Appeals at Rich-
mond. Va. Mr. Heine's. We-
yer, have said they will go to
the Supreme Court if neces-
sary.
One point Mr. Rasauskes
said is a nriainterpretation by
Judge Thomsen am the U.S.
Code risgaidigg secrecy. expo-
cifilly the conclusion it can
justify slander.
Another was that ft remains
to be estahhebed Pet to whet
extent Mr. Row is Or was a
CU employee. His official Jab
is with the U.S. Bureau of
Highways nem door to CU
bellkustlirc
Mr. Reeleauekes said ?
"vast away". witnesses wt11
be Wield 0 nalwben the out
gels to txtel%
tie indicated dseie dauld in-
clude two West German resi-
dents gamed Suaday by the
Washington Star ? Si termer
close treads of Mr: Heine who
say he could never have been
,
a Communist agent.
Each claims to have known
him in Soviet prisolt camps.
He cattle to C,anada in. LW
and ` became e naturalized
Cans* last year:
One manta idendbadby the
Star as Otto Knievel, III, at
Lembo Lippe tato *aye 441 was
with Mr. Heine lenin 1151 to
1164. ? ?
"I consider it trapinvab.
that Eefik Heitie wouid have
lowered. himself to work Ai an
agent or spy . I been him
Anti wet! to believe that of Ma
Kart Brett. 42. a Munich
-ecuiptior. eaims he knits Mr.
Heine as an Estonian ached-
boy and again in soviet pris-
on camp and "I think it Is im-
comible that Mr. ? Heine eves.
-ps's Russian sr Soviet agent
or ?irstonner . . He Aimed in
captivity .his strong character-
istics and unchangeable
.se-
Tb. .Star . says the Heine-
Rent SWAPS mdit the North
..Adiorkan Eithallen ntanautsi- 3
:,/#101.0111 ? .5
LiAL..10,101:E
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The CIA ',."-L:se
slander suit was thrown out of
,rederal .court here last week under
unusual circumstances. The man
biin,ging the snit, Eerik Heine, had
been called a Soviet agent. The man
who made that accusation, Juni Raus,
Said he could not testify as to the
truth or falsity of it because he was
ctnPloyed by the Central Intelligence
Agency, and the CIA wouldn't let him
:talk. The CIA said it provided the in-,
'formation for the accusation, but would
!nOt: reveal what it was. This silence
..?
.was said to be necessary to protect'
the: agency's sources. The law, the CIA:
claimed and Judge Roszcl Thomsen:,
agreed, allowed this silence.
'So whether Heine is a spy, whetherl
the _accusation damaged nim, whetheri
there are grounds for IL' CIA to sus-:
'pect him, even whether Rau s is a CIA:
?agent?all these things remain untested:
in court. It is a queasy business, what-.
? ?ever the law and whatever the facts.
. No one really suspects the CIA would?
deliberately slander a man for political.
..Purposes, but it might. Suppose a
? President of the United States felt it'
. was in the national interest to dis-t
? credit a critic of some policy.' A
charge by an intelligence expert that
the critic was a Communist Nvo. uld do
that effectively, and the ta.th of the'
charge could never be tested. Neither
'could the motive or the trite source
be discovered. That's far-fetched. This
isn't: suppose the CIA is simply mis-
'taken. Like any bureaucracy, it can
?
err. A reputation ruined by a clerical
mistake is just as ruined as one ruined
by black intrigue.
? If the law must remain as it is, an
extra. responsibility falls on the. con-
gressional overseers of the CIA. They
;must protect individuals from what is
Inow an agency that is above all law.
'Their investigation of cases like this.
one would be no ? real substitute for
l'conventiortal judicial procedures, but it
?
now appears that that is the only sub-
Istituto
; ; . ? ?
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I ViN
AND :TIMES 11.114/040
Approved For Release 20 472:.@IA-RDP75-00770R000100180003-2
Castro tnts
Of '62 Secret
U.S. Terms
. S. Khruslichev in the Ctibani
crisis,' and said that his der,i
cision to r42moye strategic niis
siles in return for an Ameri4
can non-invasion pledge
? brought "distrust" into Cuba's
relations with Russia. ? _
Said he would likt to re-,
.tire 'as Cuban Communist
Party 'leader "in 'the least#
amount of time possible" to',
; devote himself to study and;
the promotion of agriculture.'
Castro made these state-1,
:ments in a lengthy conversa-1
tion with American writer;
Lee Lockwood, whom playboy
had commissioned for the:
article. The magazine said
that the interview, conducted,'
Over several days, amountedt
to nearly 25 hours on tape.,
Castro said it was "indis-
putable" that the U.S.-Soviett
agreement that ended ?the
perilous confrontation at thel
end of 1962 in the Caribbean',
;had been honored.
! But he tantalizingly added:
". .I can say to you that.
even more agreements exist'.
!besides, about which not a:
!word has ever been said.
; "However, I don't think this
Is the occasion to speak about
them. I am not writing my;
memoirs; I am a Prime Mini.
ister in active service, .. -
"One day, perhaps, "It will
be knows that the 'United
States made some other %con?,
cessions in relation' to the
Oc-
tober crisis besides those! that
were made public"?
? By Nicholas Daniloff
? ?-./ United Press International
Cuban Premier Fidel Castro
claimed Iii a report published,
!,yesterday that the United
States made: several secret
; concessions to solve the Cu-,
! ban missile crisis in the fall;
of 1962. ? '
However, in a! wide-ranging:
Interview : with Playboy maga-'
zine, he declined to discuss
? them. He said that perhaps;
one day they would be mad&
public.
; The state Department had
no immediate comment on
Castro's disclosure.
In the 20-page verbatim
!transcript, the voluble Cuban
r ,
also: _
? * Asserted that his former
? Peking-oriented Finance Min-
ister Ernesto (Che) Guevara
:.was still alive at some undis-
closed location.
* Declared that no ground-
'to-ground nuclear missiles re-:
!pain in Cuba !"unfortunately"?
?contrary to unverified .?;re-1
t ports by Cttban:'refugep:.or-i
?
,?!Crititized the conduct : of!
tomett,;Soviot!.Preritier:41,11tita
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?
INIkW YORT1/4 TINITS
Approved For Release 200tfee/21A WRDP75-00770R000100180003-2
. , . ?
7-Castro Says U.S. Maderancessions in '62 Crisis.,
Playboy Magazine. Interview;
1 He Contends He Received Criticizes Soviet on Missiles ? ,
But Won't Reveal Assurances
During the 1962 crisis over
? !,"; Soviet missiles in Cuba, the
.?;XInited States made conces-
., sions that have never been
_.made public, Premier Fidel
? Castro said in an interview
published yesterday.
The Cuban leader is quoted
1, in a copyrighted article in Play-
magazine as maintaining
,,that there were ? agreements
? about which not a word has
.,?-;ever been said." But he declined
specify , what was involved.
"One day, perhaps," he re-
, trriarked, "it will be known that
the United States made some
other concessions in relation to
the October crisis besides those
' that were made public." .
; "It was not an agreement in
accordance with protocol," he
said. "It was an agreement
* that took place by letter and
through diplomatic contacts."
? The only concessions by the
? United States Made known at
"...the time of the crisis were an
assurance that the United
States would not invade Cuba
, and the lifting of the naval
.. blockade.
The State Department made
, !no immediate comment on the
Castro statement,
*Playboy said .it was publish-
ing the interview, which coy-
' ered a wide range of subjects,
on the ground that it: could "do
..nnich. to clarify the thoughts
? and actions at work behind the
. 'Cuban curtain."
Article Part of a; Book
The magazine said the inter-
yiew was conducted-at the Pre-
mier's home by Lee Lockwood,
identified as an author-journal-
ist, Who is preparing a book,
"Castro's Cuba, Cuba's Fidel,"
for publication by 'Macmillan' in the Soviet 'Union for removing
'March. ' ? . ' these ..missiles under United
' "Lounging at a card table on States pressure' and noted 414
Magnum
_Premier Fidel Castro
the veranda in his green fa-
tigues, wearing socks but no
boots, ' his hair matted, and
smoking a succession of long
Cuban cigars, the Cuban dicta-
tor spoke with Lockwood vol-
ubly and inexhaustibly? often
through the night 'and into the
dawn," Playboy said, "At the
end of a week, their. ?conversa-
tions (conducted in. Spanish)
had filled nearly 25 hours of
tape."
Asked if he could "state un-
equivocally" that there were no
offensive ground-to-ground nu-
clear missiles in Cuba now,
Premier Castro replied that he
had "no objection to declaring
that those weapons do not exist
in Cuba." He added, "Unfortu-
nately, there are none." ,
The Cuban Premier assailed
Cuba was left out of the discus-
sions at the time.
Complaining that Premier
Khrushchev had acted in a high-
handed manner toward Cuba, he. ?
said the Khrushchev actions in
the missile crisis represented "al
serious affront" to Cuba that:
resulted in a "climate of dis-
trust" between .Havana and',
Moscow.
However, he added, Soviet-
Cuban relations have "im-
proved considerably" since the
Khrushchev lep.dership ended.
Tells of Restraint
Premier Castro observed that
his regime had refrained from
using Soviet - supplied ground-
to-air missiles to shoot down'
American U-2 reconnaissance
planes over Cuba "because we
don't want to appear in any
way as provocateurs."
"When those projectiles were.
turned over to Cuba by the
U.S.S.R.," he said, "we made a
pledge not to use them except,
in case of strict necessity, for:
defense of the country in case:
of aggression."
He voiced the view that the
United States might launch a ,.
future attack against Cuba.
"We don't expect an invasion
at any specific place or date,"
he went on,, "but we are con-
scious that a very real threat
from the United States will al-
ways exist. For that reason, we
see ourselves required to. stay
on guard, to devote much of
our energy and resources to
strengthening our defenses."
The Premier said the Central/
Intelligence Agency had neverli
ceased hostile activities against(
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?
?DM 11,W;k1
. .
Approved For Release itte/d1hiG*lA-RDP75-00770R000100180003-2
With the U. S.
?
Oro Claims 'Secret'
,
eds
i ? - ,.
.: ' ..
1 CHICAGO, Dec. 12 (UPI) ? The
i U.S. made a secret deal with,
Cuba and the Soviet Union.
during the 1962 Cuban missile
crisis, according to'Cuban.
, Premier Fidel Castro. '
..
. ..
Castro awcEssItoolNd Lee
Lockwood in j'a ? ,copyrighted
s-. author ' '
1.Cuba and made . other
pledged it would not invade
''.. agreements still secret: ? ' :
1
Playboy Magazine that the D.S.
:
interview :published"' Wily' in
;
"I can say to you that even,:
:more 'agreements . exist besides,
about which not a word has ever;
been said. One day, perhaps, .it
will be known. . the 1.1.S. :
:k ? .
made some:uther Concessions in
1- relation . to the ...actirber" crisis .
besides those that were made
?.public."
Castro said the U.S. had made
"de facto" recognition of its
pledge against invading Cuba,
despite Cuba's refusal to allow
international inspection to
confirm removal of Soviet
missiles on the island,
The secret agreement "was
not an agreement in accord with
protocol," Castro told the
interviewer, but were male by
.letter thru diplomatic ,channels.
, While denying the secret
concessions had to do with U2
spy plane flights. Castro said,
"I have no objection to
? declaring that Chose weapons
.(surface to surface missile0 do
. not exist in Cuba. Unfortun itely,
there are none." ;
The Cuban.Premier, who said .
he might not have been able to
win power had he revealed *
during the revolution that he ,
was a communist, said he had ? ' ?
no regrets about accepting the t
Soviet missiles.
In answering other questions, '
Castro said he hopes to retire
after "a few more years."
Che Guevara, .Castro's right-
hand man during the revolution
who has dropped out of sight, is
"alive and well," Castro said,
adding Che's whereabouts are
kept secret "because it would
be unwise, possibly unsafe for
hiin. When he is ready and
wants it to be known where he'
we Will tell it .first, to the
Cuban people." . ,
?
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? .?
.1
0
M'Aciir,;(;?/(1.,%,
Approved For Release 200=27 I C8ERDP75-00770R000100180003-2
']ucok of Suit Against CIA
?if e f:17 7 7 i4H e
el, in ?
By ORR KELLY ? Prison "camps from 1951 until ? " ? - ?
Star Staff Writer
;. October 1956.
`? The trial which might have "I consider it impossible," he
determined . whether or not , wrote, "that Built Heine would
; Eerik Heine is "a dispatched , have lowered himself to work as
i Soviet intelligence operative, a an agent or spy. ... I know him,
' KGB agent," has been ruled out, too ? well to believe _that about
!. for the tima being?and perhaps him....
; forever?by a federal cour;, "The prison camps in which
judge in Balt.jmre. we were located were populated
But two men who might well almost entirely by political
have been called as key witness-risonors with sentences up to
"I think it is impossible that'',
Mr. beine ever was a Russian'
or Soviet agent or informer or;
V.:at he could have worked as
such. . . . He showed in captivi-
ty his strong characteristics and;
;
unchangeable attitude. 1
"By reason of my personal
experience with Mr. Heine in!
captivity. I think it is impossible
that he has changed in Soviet
, es in Heine's behalf have told y p
car. It was only notairpl that captivity or that he. ever _could
f.what they know about Heine in' ; we stood solidly together in 'have been a-Soviet agent." t
' long letters in response to al,. groups according to our nation- One unexplained incident was
;? series of 'questions from The,, alities and that we protected reported by Brett in his letter. I
i; Star. .. ourselves against agents.. spies In Angust 1965, he said, he!
,. On Thursday, Chief Federal: and other dubious characters. was visited by agents of the
j:District Judge Roszel C.', "Out of the Question" ?Ilavt;..??ian Department of the
; Thomsen summarily dismissed. "Accordingly, agents and spieslInterior (a state police agency).
f'lleine's 8110,000 slander suit, didn't,have a chair:, . with. and was asked a series of ques- ,
? . ;, 'against Jun Raus, a fellow:. us:. as soon as anyone was tions concerning his raltionship
' Estonian emigraint who is now; bribed by a Russian e,??'!i:al .with Heine.
a Bureau of public Roads engk.. officer, he was immediately ' This was more than a year i
',.... neer living in HyattSville. .. !. uncovered and neutralized. .1 after.;Raus hadmailehis accusa
' -
z.? Acct., -cling to affidavits filed' "I consider it completely? ?tali:ions against Heine .and manyl.
:
by the Cer,....il Intelligencei of the.question that Ecrik rieine months after Iieine's slander!
'E. Agency 13 th;.: case, Raus was al . changed his political opinions, mit a.!:dinst flans had been filed.
..CIA agent and was instructed to!, and became a Soviet-agent while.13tit Batts' attorncy, who made'
.; warn fellow Estonians that! he was ? in prison. He was al an in',.ensivc inv:.;stigation of.
i'' Hein,: -.....; ;.. is).. 'let agent. ' member of. the *forced 1;Aorl Heine in the United States and
l? In nts dec.6:on,'T'nomsen ruled;: brigade in each camp. The Cl'irirl.? il ? preparing - their
1.
h that Raus was protected from a Russians assigned to the..,,,dc;;;;).;;0, said they know of no. ?
slander suit because the state-... brigades the ' prisoners whom! titte:npts? tO. 'gajter information'
: ments he maae *ere done as;', they feared. They were prisor- about Heine in Europen Heine
e
part of his duties for the ers who had once escapedd cbnflictb
:.
?;':, A trial, he added, would put Rausl off i . conspirators, rebels,
cers 'ancl ?Raus?and the ..`..CIAhasi
.. ?
:The we
1.? in a position where he could nof 'and prisoners with ?high intern- ? , , ? .f.?? ? . .;,
.: defend himself without violating germ.
i' an oath of secrecy signed ? in "They , had to work under
? ;',- 1963. ' . , ; double guards with bloodhounds.'
? 'They had to perform the hardest
Names 4 Friends i ? and dirtiest work without any
.. Ear;ier in the year, when it privileges. They were subject to -
L' appeared possible that the case all kinds of dirty tricks.
k might result in such a ruling,; "Since he was an officer, he' .
!'. Heine, whose home is in a ' 1
, a ways belonged to this forced:
? r suburb of Toronto, Canada, was
;- labor brigade?for five years, as'
. :;. asked for the names of friends long as I was with him.
who might corronorate his story "Through this treatment, the
Russians wanted to make the,
prisoners weak and pliable. lam
Completely convinced that the i
Russians accomplished just the," ,
that he was an Estonian patriot
j, and freedom fighter and that he
had always been a staunch anti-
. ;Communist. ?
, He supplied the inames of opposite."
.ithree men he said had been .
close friends when they were in Similar Account.
Soviet prison camps during the:, A similar account was con-
K' 1950s and the name of an elderly, taMed, in a seven-page typewrit,-
..,
woman who he said had helped; ten letter from Karl Brett, a 42-
7, him in the late 1940's when he! year-old sculptor living in
? was living as a freedom fighteri, Munich, Germany. . ?
. in the Estonian forest. , Brett, who is three years
No reply was received from younger than Heine, knew him
the elderly woman and it has when they were schoolboys in
been impossible so far to contact Tartu, Estonia, before World
one of the three men. : War II, and met Mm again in
The other two replied with 1952 in a Soviet prison camp, he
! statements strongly supporting wrote. ? ?
'.Heine. Otto Knispel, a 61-year-old' Heine in label' groups on rail-.
"I worked 'together with Mr:,
cabinet maker now living in road track construction," Brett
Lembo/Lippe, in West Germa-.1 said. ,"We slept in the same
nv, wrote that he had been a ra VTIIP..: CIA-RDP75-00770R000100180003-2
? close friend of HeineSPfaiRMV deigi6
1 t.I.ILA
ent
cansod a deep and bitter split in.
the Estonian emigre community
in United States and Canada.
It Ivas in hopes that a court trial'
est;l51ish the truth and
thus end the uncertainty on;
which this bitterness was based,'
Heine said, that he filed his suitl
against Raus..
His attorneys are now prepar-
ing to appeal Jude,: Thomsen's
ruling, to the 4th Circuit Court of
Atmeals in Richmond and they
have sai,c1 the would fight the.
case to the Silorcme Court.
'Even if a higher court should
satici the ease back for a jury
trial,, however, the full truth
may never be known unless the
CIA should decide to make'
public what it knows about the
case?information it so far has
been at elaborate 'pains to
protect'. 'I ? -??,??;,; ?
.. ?
? ',ff. ? ? e ? .1 oal 111
DEC 9 1966
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eine to File Appeal'
in Sian
DENSiTON
e Staff './riter
A feden.: judge's order dis-
missing a $110,000 lawsuit
against a government secret
agent will be appealed to higher
courts, attorneys here indicated
last night.
. Yesterday, ? Federal Judge
. Roszel C. Thomsen issued an
order?mainly d-3signed to
protect gova-nrne:',. secrets?
ending the case against
a sometin-, 4gent of. the Centre
Intelligence Agency.
: The agent, Juni Raus, Hyatts-
ville, had been sued two years
ago by Eerik Heine of Rexdale,
Ontario, Canada.
) , Heine, a forme,: leader of
Estonians who had emigrated to
:this country. from their now-
'occupied homeland; accused
Raus, anoth former Estonian
leader, of ez,,.og Heine a Corn-
munist and a Soviet agent.
Thomsen's ruling ends the
Beine lawsuit unless his attor-
neys are able to persuade a
higher court to --..:verse the
decision.
Plan to Appeal
Last M., :t, .ezne...:, ? Raskaus-
kas and Robert tanford of
Washington, Heir, : .-.. lawyers,
said they would pro:, itly file an '
,appeal with the 4th S. Court of
Appeals in Ricoziond. The:
:grounds for their appeal will be:
:determined after th,3y studied!
,Thomsen's decision, they said.
They indicated they would go:
directly to 'the higher tribunal
without first asking-Thomsen to
reconsider,'
-case has cost him between $7,000'
and $8,000.
Thomsen ruled against Heine
on all aspects of his lawyers'
arguments. In the main, r
decision reflected a worry 11.
if
if the Heine lawsuit were per-
mitted to go to a trial, it might '
?bring out more government
secrets than the CIA thinks!
could be safely revealed.
The case has been heard only:
by the judge. If he had decided
against dismissing it, it would
have gone to trial before a jury.
The object of a trial would be
to decide if Raus had called
Heine a Communist and a Soviet
agent, whether such charges are
true or false, and whether Raus
should be punished? if the jury,
decided in Heine's favor.,
Judge's Ruling
But the judge ruled, "A trial
; would not resolve the question of
: the truth or falsity of the
charges, because the court
' would still be required to recog-
nize the privilege asserted by
I the United States ( govern- sources."
Imen0."
I The government, through thd "Valuable Source",
CIA, had claimed it has a "priv-
ilege against disclosing state
er Suit
EERIK
HEINE
. . _ _ ....
violate the secrecy agreement
(that he made with the CIA in
1963), but might also violate the
statute prohibiting unlawful
disclosure of confidential infor-
mation respecting the national
defense."
Besides relying on the secret-
protecting "privilege" of the
CIA, Thomsen also based his
decision on a privilege that Rat's
? ?Ifbad claimed.
That was an "absolute privi-
. lege" against defamation law.'
suits like Heine's. The privilege'
extends to government officials
for acts done in carrying out
their official jobs, the judge'
ruled. This privilege was upheld
by the Supreme Court in 1959, he
? concluded.
With Heine apparently moving
toward leadership in the Estoni-
an community, the CIA put
Raus to work, according to one
of its affidavits, in order to
protect "the integrity of the
agency's foreign intelligence
I secrets?
Reached ? by telephone at his
'Ontario home, .Heine said he.
'MaS "disappointed" in the,
.judge's ruling, but vowed to
poet far, tie -said, .his
Yesterday, Thomsen found
that "emigre groups from
nations behind the Iron Curtain
That privilege, Thomsen said, would be a valuable source of
was based on a federal law
designed to safeguard govern-
intelligence information as to
ment secrets. It was also based what goes on in their old home-
on the authority of the CIA and land'
He added that "activities by
its director to protect "intelli-
the CIA to protect its foreign
gence sources and methods from
unauthorized disclosure." intelligence sources located in
Even while claiming the the United States are within the
privilege, the CIA had several power granted by Congress to
times filed affidavits in the the CIA."
,Heine case giving data about its Thomsen said he had exam-
relationship with Raus and his
ined some secret papers submit-
role in making accusations ted to 'him by the CIA to help
against Heine. " !prove that CIA had authority to
The CIA aamitted that Raus I do what it had done. However,
was an employe of
orders in e of the agency the judge said he had not relied
'and had been
on them in deciding that CIA did
I
. ? . ?
0964 to spread the word that ?have the 'authority.
Heine was a "dispatched Soviet: After the CIA made its disclo-
intelligence operative, a KGB -sures about Haus' role, it re-
agent. KGB is the Soviet secret: fused pleas by Heine's attorneys
policy agency.. ' .. , ? that it make more data availa-
Haus' job ' ?of - discrediting; ble on that subject. It. said it
'Heine followed Heine's gain of' 'would ? be contrary to . the
popularity among Estonian! security interests" ,to say , any
emigrants ? in this country and'. more. ' . ? ? . -; : ?????-... ,.;:
Canada. Heine had been making;The federal judge said that "if
a tour to. describe ? to these Raus makes further disclosures
emigrants- his role ss a trigorous! without the .. approval . 9f , the
anti-Soviet "freedom #ghter.'! ? I.agency, --, he ? would : not, ,.ifinly
Cites Dilemma
Raus is entitled to the privi-j
lege, Thomsen held, because he
was "acting within the scope of
his employment by an agency of
the United States." The judge
turned aside several :arguments
by Heine's lawyers that Raus
did not hold the kind of govern-
ment post that entitles an offi-'
cial to the privilege against:
slander suits.
Thomsen also held that the. ?
CIA did not need to disclose the,
name of the person who gave!
Raus the specific orders to:
discredit Heine.
The judge said that he was'
faced by a "dilemma," and that.
this "dilemma" would still be
present if the case went to trial.:
That dilemma, Thomsen said,
was caused by the fact that;
Raus, under his own promise of
secrecy and under the CIA's
refusal to let him s:ay more
about his role, would be "pre-
eluded from testifying to facts
and from calling witnesses who,
might establish the truth of the ?
alleged defamatory remarks." ?
That being so, the judge said;',
it was a case of choosing be-,
tween requiring Haus "to stand' ;
weaponless before his adver-
sary, or to deny Heine "the
opportunity to attempt to vindkl
cate himself in court."
Since, the judge said, "no way;
to avoid choosing between two
evils has been suggested or
discovered," he was forced to .
choose to deny Heine, the Wince
40,1res.s hiklawsig
r .,1
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?? ?
St,;\
re 9 1956
Approved For Release 20046/27 : CIA-RDP75-00770R000100180003-2
0 SUNOEII SUIT
AGAINST C111,
"reinforced principle first stated lege" ro refuse to revea:
by Judge Learned Hand. source of its information ,n,c;te
prevent Mr. Raus ? from. making
any fnrther statements.
Argument Cited
official acts that caused some per-, C. Raskauskas and
sons to suffer. Robert .1. Stanford, Washington
In the case before him. Judge, atterneyc for Mr. Heine, argued
Judge Hand pointed out that
there was a danger in subjecting,
public officials to a civil tria! for
k ? Hand decided that it was "better that he CIA was not concerned
ipAN05oppE to leave unredressed wrongs done with jeternal security as opposed
O. by. dishonest officers than in sub. to foreio sources. Official privi-
ject those who try to do their duty lege ,could not be extended to
to the constant dread of retaiia- t1losc who have no discretion in.
ion . . ." ?
carrying out orders, was con-.
.t ?
U.S. Agency's Silence: No Wa Y
Of Solvine Dilemma tended.
The plaintiff's lawyers ' also
? Since there was no way of solv.
i a,sked to go to trial to test whe.
'? t
in Case Thwarts. , mg the lm
diema in the, present
her Mr. Raus was actually em-
1 , 'case Judge Thomsen said he
1 ' ployed by the CIA and contended 110,0'30 Action mould have to rely oh "principles ;here was a genuine issue at
. t 'so clearly stated" and enter a
Rye THEODORE W.- HENDRICKS
A Federal , .dge yesterday
threw out a .$11.000 slander suit
brought against a CIA operative
; by an Estonian who argued that
,.the agent' had caiied him a sub-
versive.
Eerik Hein, 46, who resides in
Canada, n:.airr.ed damages in the
case because his reputation as a
lecturer on anti-Communist activ-
-Res had been ruined.
However, the CIA refused to
; disclose the sources of its informa-
tion on Mr.?Heine except to ad-
:mit that it had sent the agent
to New Yolk to make the -state-
r ments.
Impossible To Try Case
'summary judgment for Mr. Raus. '
stake a
The. slander suit against Mr 3 Affidavits Required.
Raus was originally brought in Judge Thomsen noted that he
had required the CIA to file at
?Federal Court in November, 1964.
At that time, Mr. Heine alleged
that he had never been a Corn-
inunist. ? ? ?
Mr. -Heine said that he was a
citizen of Canada and had been
-active in'various Estonian emigre raising privilege grounds and it
groups, lecturing and showing al was .in the scope of the CIA a
:
movie: "Creators of Legend."
r. He.-was a . prisoner., Russian
:prison camps , and a guerrilla
fighter against . the ConMumist
takeover of his country, Mr.
Heine asserted. ?
least three affidavits in the. case
hut that he was barred on securi-
ty 'crouhds from requiring full
,
disclosure. ? . ?-, ? .
Officials were clearly correct in.
prevent disclosure, it was 'decided.,,
Paul R. Connolly and E. Bar-
rett Prettyman, Jr., were lawyers
for Mr. Raus. Thomas J. Kenney,
United?S(ates attorney, and Law-
rence R. Houston represented the
Suit . was filed because Mr. itc:I.A?
Raus, the national 'commander!
of the Legion of Estonian Libera-:
lion,. Inc., on,' three ? occasions
stated Mr. Heine. Was 'a planted
c,.. Chief Judge Roszel C. Thomsen subversive agent.
s. noted that the reluctance of the , Admits Furnishing Data
:CIA to submit to interrogation in In an answer to the stilt, Mr.
normal court procedures made it Raus admitted' that on three cc-
impossible to try the case. casions he had stated the plain- t
"A trial would not resolve the tiff was a Soviet agent or col-
question of the truth' or falsity of laborator and should not receive
the charges, because the. court Estonian cooperation. ,
;'would still be required to recog-. Mr. Raus at first stated only
..'nize the privilege asserted by tbat ' the information -came front
the United States," Judge Thom- an official agency of the United
! sen wrote. States Government, according to
i- The dilemma posed by Judge the answer. ?
Thomsen was this: . .
?_,However, subsequent court mo-- k
?
1. Since the agent, Jun i Raus, ceeclings revealed that Mr. Raus.:
.:.;4
38, of Hyattsville, was prevented who worked for the Bureau' of '
i
from testifying, he Would stand
.,.."weaponless before his adver-
sary" in .a court trial.
Choice Between 2 Evils
: 2. On the other hand, lack of
a trial would deny Mr. Heine the
opportunity to attempt to vindi-
cate himself in court..
"No way to avoid choosing be-
tween two evils has been sug-
I gested or discovered," Judge
Thomsen wrote.
A choice in the matter was dic-
tated, Judge Thomsen' decided, by
;Supreme Court decisions which
? ?
Public Roads in Washington, was
a CIA agent and had signed a se-
crecy. agreement.
The CIA admitted that it had
furnished Mr. .Raus with the in-
formation and sent him to meet-
ing of key Estonian groups to
make the, statements complained
of in the suit.
Such action was taken, It was (c
asserted, because the CIA was in-
terested in protecting its intel-
ligence sources from infiltration.
The Government spy. agency as-:
gerteLit had :an,,!!absolute- privi- Al;
CASE DISMISSED?Jun i Raus (left), a CIA operative, called
iLerik Heine ,(right) a subversive and was ,sued for slander,
_but the *.ease_. aw.as elused to talk. ?
Approved For Release 2005/01/2i : CIA-KLIF tO-OVIiiiindibalt86bbS-Z.
CLASSIFIED
he ginning fat
WASHINGTON, D. C., TUESDAY, OCTOBER 25, 1966
Features?TV-Radio
s:?,
!Freedom Fighter' Eel* i i
Heine Sued for Libel in Ca adti
? ? a)
o . o
o By ORR KELLY accusing Yuri Raus, a 39-year- ing at the University of Toronto, bers of the large Estonian increase the amount of the suit "They accused Mr.tlrum
c.n Star Staff Writer old engineer for the Bureau of filed a writ of summons against community he intended to call to $110,000?the same amount and he had- nothing to a with
aerik Heine, who in a Balti- Public Roads, of calling him a Mart Tarum, a Toronto attor- as witnesses. Heine is suing Haus for in it.? Heine said. "I said I 41 it. I
e lawsuit has accused a Communist. ney, accusing him of libel and ,,called them soft on codunu-
tral Intelligence Agency asking $50,000 in damages. I asked him if he knew i vho Baltimore.
nism. . . . Someone nad to. do it."
19E. during a
agent of calling him a Commu- Acknowledged by CIA On Oct. 17, 1 du was responsible for the bulle- Keith said he felt that, under
- - tins," Catalano said in a tele- Canadian law, he has an almost In Heine's case_againsf2Rati.s
it, has been charged in a In four aftidavits filed in meeting of Estonian veterans at phone interview.. _ "It's one of open-and-shut case when the in Baltimore, both sides alt now
5,nadian suit with accusing two connection v:ith the case, the Estonian - Hall on Toronto's those questions you ask but case comes up again in the waiting for Chief Feder X Dis-
er men* of- being soft on CIA has acknowledged that Broadview Avenue, they said. he
4
eine's involvement in the that he had been instructed to libellous bulletins. don't really expect an answer January assizes. Catalano, who
for. To my surprise, he said, said he will not be representing
`Yes, I am.' " Heine in the case, feels that a to rule whether or not altus is
trict Judge Roszel C. Tlnsen
munism. Raus was one of its agents and distributed the second of four
entitled to absolute pnixilege
egnadian case was revealed *ant fellow Estonian emigres Queen's Counsel Donald Keith,
,.. Thursday, when Tarum took good argument can be made against a slander suit bkgause
diThxpectedly in Toronto Thurs- that Heine was a "dispatched who represents Parkma and
tduring testimony by the Soviet intelligence operative, a Trass, said a diligent but unsuc- the stand in his own defense, that the criticism in the bulletins he was a government eeploye
endant in a libel suit. Yes- KGB agent." cessful effort was made to find Keith asked if he knew in 1964 falls within the bounds of fair when he made his accu4tions
. tgday, Justice William Dono- In Toronto, where Heine lives, out who had written and distrib- who authored the bulletins. The comment concerning the actions
against Heine. 0
him of the Supreme Court of meanwhile, someone distributed uted the bulletins, answer was, "No." In 1965? of people in semi-public posi- If he rules that the cag can
case against Tarum began "Do you know now?" It was tims.
"Someone Had To"
Gbitario, dismissed the jury and leaflets accusing certain mem- On Oct: 17, the trial of the libel Again, "No." Then he asked, go ahead, Heine malts find
ered a new trial with Heine bers of the Estonian Central himself in the unusual pRsition
Council ?of being soft on commu- before Donohue and a jury was then that Tarum told about the
asL one of the defendants. of trying to collect in Ba r&lore
g
eine, a 45-year-old native of nism because they had not chosen. Tuesday evening session in his Heine, reached by phone at his from a man who callecictiim a I
'artu, Estonia, and, according spoken out when a visitor from lawyer's office, home in the Toronto suburbs as Communist while deaiding
this own account, an uncom- Soviet Estonia was entertained Interviews Heine Keith moved that the jury be he arrived from his job at himself in Toronto for Oving
promising Estonian. freedom at a cocktail party in Toronto. The next evening, Tartun's dismissed and that Heine be Artistic Woodwork, said he had made very similar?algough
flitter, filed a $110,000 slander On Dec. 18, 1964, Harry Park- lawyer, D. J. Catalano, had an added as a defendant in the not yet heard he had been somewhat less pointed?dstusa-
sli_t in the U.S. District Court in ma, a lawyer, and Olev Trass, a interview, in his office with case. Reached by' phone last named as a defendant in the tions against two other kellow
Mtimore nearly two years ago professor of chemical engineer- Heine, one of four or five mem- night, Keith said he intended to case. ? . Estonians.' ?
I :4
Approved For Release 2005/01/27 : CIA-RDP75-00770R000100180003-2
"24'1
,
4 .4
,
t ? ? , ?
.4.
A,?
S.'
' A.,'
r ?
The N.K.V.D. tortured Heine often. Twice he faced death when he stood before a firing squad on the edge of an open grave, waiting for the (.(det to fit, .
Heine
42- Weekend Magazine No. 43, 196f
Eerik Heine
SECOND OF TWO PARTS
ONE1 MAN'S W
AGAINST CO M N1SM
This is how Eerik Heine tells his story
in reply to the American charge that he
has served as an agent of the Russians
By Robert McKeown
Weekend Magazine
Illustrations by Ed McNally
Is.Eerik Heine a patriot or a Soviet spy? Friends
of the Estonian-born Torontonian believe he is a
patriot, a man who fought again.st Soviet rule in his
homeland, a man who continued his anti-Communist
crusade after he came to Canada. But furl Rafts, an
Estonian-American agent of the U.S. Central Intelli-
gence Agency, has called Heine a Soviet spy.
Heine, to protect his Ilai116, hos launched a slander
suit against the C.I.A. in a U.S. court.
Last week the background of the case was given.
This week, in the second of two parts, the story of
Heine himself is told.
Approved For Release 2005/01/27 : CIA-RDP75-00770R000100180003-2
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t4*
" I-
l..?w it was only sheer pretence to make him talk.
EERIK HEINE'S war with the Russians started on
a June day in 1940 when Soviet troops invaded
Estonia, marched into his home town of Tartu, and
ran up the red flag.
Like many Estonians, Heine, who was 20 at the
time, was an ardent patriot. At first he led the youth
branch of the resistance in Tartu, then travelled
throughout the country to organize other groups.
One of his projects was to persuade young people
to wear in their lapels the Estonian colors of blue,
black and white as a silent protest against the Soviet
occupation. Once when he was distributing the rib-
bons in the street, a pro-Communist official screamed
for a policeman to arrest him. The Estonian police-
man did ? and then released him around the nearest
- corner.
(The policeman now lives in the United States.
He is Valdemar Kunnapuu, of Baltimore-, Md.)
This was to be the first of a series of clashes with
Soviet authorities that was to last for 16 years. The
second came a few weeks later at the city hall in
Tartu.
For Heine the red flag hanging from the tower in
the city hall became a symbol of his country's sub-
jection by the Russians. Together with two of his
friends he decided to pull down the flag and restore
the Estonian tricolor.
Heine and his friends reached the tower but found
it locked. They tried to batter down the door but
Communist officials in the city hall fought with them
and pulled them away.
Somehow word of what was happening spread to
the streets and hundreds of people gathered around
the building. Spontaneously the crowd broke into the
Estonian national anthem. It sang with such fervor
that, as Heine has recalled, "those Communists were
struck with terror."
Heine and his friends used this moment to break
away and escape, but Eerik was not to be free for
Continued on next page
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*EER11( HEINE
Continued from preceding page
- long. While he was in hiding in i town about 20
- miles away, word reached him that he had been
recognized and that his mother and father were
under arrest in their own house. Since they were
being held as hostages against his return, Heine re-
turned home and was arrested as he entered the door.
He was handcuffed and taken first to N.K.V.D.
(secret police) headquarters and then to the Tartu
prison. Over a period of nine months he was inter-
rogated some 20 to 25 times, beaten and tortured.
Twice he was taken to a forest where he was stood
at the edge of 'a grave while members of a firing
squad pretended they were about to execute him.
"I waited for when it 'comes," Heine recalled,
"but nothing comes. The second time they even fired
but not at me. but to subdue me so that I tell them
about these activities they suspected I was part of."
From Tartu he was transferred to a prison in Tal-
linn, the Estonian capital, where he was in a cell
alone for about a month. Then one day he was put
in with about 20 prisoners, all of whom were Ger-
man,speaking Estonians. Soon he learned that al-
though he was Estonian, he was to be sent to live in
Nazi Germany.
(One of the 20 prisoners who went to Germany
with him is Eric Kattemaaa, of Portland, Ore.)
On the train en route to Germany he learned why
he had been set free. At this time the Hitler-Stalin
agreement was in effect between Germany and Rus-
sia and people of German blood in Soviet territory
/were being repatriated.
lieine's parents were among those who had take],
this opportunity to get away from Soviet rule. From
Germany they had applied for his release and his
group in prison had been exchanged for some Ger-
man Communist and Jewish prisoners.
He was reunited with his parents at a camp in
Southern Germany in May, 1941, and in June the
Germans invaded Russia. When Heine learned that
an Estonian unit was being formed to liberate his
own country, he volunteered immediately.
After a period of training he was sent not to
Estonia, but to the Ukraine. The Germans drove the
Russians from Estonia without his help, but the pup-
pet government they set up soon called him back
from the Russian front.
Sentenced to death, Heine
gave himself up so that
his parents would be spared
Heine returned to Tallinn in February, 1942, and
worked with the Estonian 'political police. His job
was to interrogate Russian and Estonian Communist
agents who had been c aptured by the German,;. He
was later to be sentenced .to death by the Russians
for his involvement in the interrogation of Neeme
Ruus, an Estonian who had served as Minister of
Welfare in the pro-Rus,.!an government in Estonia,
who was shot.
In August, 19-12, he went to with an Es-
tonian Lee,ion formed as part of till.. German army.
in May, 1943, aftei tttinirt.). he \eas
sent to a German officers' school at Bad Toltz, Ger-
many. In February, 1944, he graduated with the
rank of second lieutenant and was sent to the front
against the Russians at Narva in Estonia.
(Two of those who attended Bad Toltz at the
same time are Olaf Tanmark, who now lives at Lake
Geneva, Wis., and Fred Prentsel, of Albany, N.Y.)
At Auvere in April, 1944, his battalion was in-
,volved in a three-day battle in which it lost half of
its men. Heine suffered a surface wound on the skull
and a more serious wound in the thigh. He was eva-
cuated to hospital in Tartu, but left soon again with-
out permission to rejoin his battalion.
Heine returned to find the battalion in reserve
with only about one-third of its strength remaining.
Reinforced by more of their countrymen, the unit
was thrown into the northern front in Estonia to try
to stern the Russian tide that was now rolling up.
What followed was disaster. A German unit on the
left of Heine's battalion pulled out at night without
informing the Estonians. In the morning they found
themselves surrounded by Russians. Tanks ran over
their front lines and the rest was annihilation
With two other men and under fire, Heine ran
across a potato field and into a wood. Finally they
made their way to a partially-destroyed bridge across
a nearby river.
They were crossing the bridge when German
planes returned to bomb it 'lhe bombs fell so
close that Heine suffered a concussion and lost con-
sciousness.
When he carne to he found hin)sel sorr?-)ur?tic
b) Russians.
dl,te ol v. Aug 29, )0
spew a Jew \'
flu and 1:1t, )v? chipp.,1 to fl ne.
Continued on pa 46
-
!NI ,
-
\ .
-
,
Disguised as a ballet dancer, and with black-market train tickets, Heine slipped into Siberia to rescue an Estonian lamily. lie brought thcm b:u.1, to solely.
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I I EERIK HEINE
Continued train page 44
where he was housed in barracks close to an old monaste. y.
Once he was taken to the guard house by N.K.V.D. soldiers
and beaten until he felt half dead. The same treatment was given
to other Baltic prisoners at the camp, all of whom were regarded
as traitors to the Soviet Union.
In December he was sent to a camp for political prisoners at
Kisela in the northern Ural Mountains. There he worked in a coal
mine for 12 hours a day using pick and shovel at the mine face.
At the mine with him was one of the other prisoners from
Moscow, Napoleonus Cernius, the son of a Lithuanian general.
Heine describes Cernius as "the best friend in my life."
Cernius and Heine planned their escape together, first exchang-
ing their army clothes for those of civilian workers. In the end the
Lithuanian never made the attempt ? he was too weak from
hunger, scurvy and overwork.
However, on a March night when a blizzard was blowing, he
helped Heine through the first two of a series of barbed-wire fences
that surrounded the camp. The pair said goodbye and parted. Heine
has never heard of him since.
By stealing food and stowing away on freight and passenger
trains, Heine made his way across Russia to Leningrad. For days
at a time he had nothing to eat.
At length he reached the outskirts of Leningrad. He was circling
the city on foot to avoid the checkpoints when he saw what ap-
peared to be an unbelievable sight ? men unloading loaves of
bread from a truck.
Heine escaped front thc, priFol) c7anr,
but his hunger forced Kin
into the hands of tL Russians again
At this point Heine had not eaten for three or four days. He
went mad at the sight. He grabbed a couple of loaves and stag-
gered weakly off ? into the arms of two policemen who were
coming around-the corner.
At this. time there were many escaped prisoners of war wan-
dering about and the local police were glad to get one more to add
to the manpower of their own district. Heine worked at cleaning
up the ruins of destroyed Leningrad factories until he was shipped
back to a camp at Tallinn at the end of 1945.
Heine had been calling himself Hein, omitting the final "e"
from his name, in the hope that no connection would be made
with his Estonian youth and political-police activities. At his first
interrogation in-May or June, 1946, he also changed his age and
address to avoid proper identification. But because so many people
in the camp knew who he really was, he decided he would have
to escape before he was uncovered.
His chance came when he was working at a sawmill near the
camp. After stealing civilian clothes from another prisoner, he
managed to slip out among the mill workers as they went off
duty. -
Within a few days he had joined a guerilla group of nine men
and one woman led by a former Estonian army captain, Endel
Parks, in the district of Jarvainaa.
For the next fonr years, from 1946 to 1950, Heine lived and
fought with the guerillas in Estonia. He believes there were perhaps
5,000 guerillas in all when he first arrived, operating in small units.
Their band had contact with a few others and co-operated with
them.
His most spectacular exploit was in 1947 when he went alone by
plane, train and boat to Siberia and brought back a man, three
women and two children, all Estonians who had been deported
some years before. FIeine carried false papers identifying himself
as a ballet dancer bound for Novosibirsk to give a performance. He
bought black-market train tickets, used forged passports, bribed
officials and got his human cargo back safely to Estonia.
(In Toronto Heine met an Estonian with the same name as the
Approved ID an had brounin tj-D mI CIP r D W n - 7 "t it they were
0 k 0
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ik'AAY
Conti/..,(d on page 48
ie? tinU Ina,
o.'n' a name-calling
OP CONTACT
?
e' for the Ontario
a of Labor, J. H.
irector of welfare
complained that, it
difficult to contact
Jpensation Board.
had written the
out industrial deaf-
radi4on sickness
s ago-pand only re-
ceive a a reply, he
a
rc,,a,)Lite
RYr. (CP) ?
O peofile here have
petitin asking the
to elpr the name
stice4eo Landre-
the antario Su-
ourt, Tino is faced
ernml action for
oval 6 from the
erang a Sudbury
whom heads an
icatiolgroup eircu-
petitcy, said yes-
e hops to collect
lature2
1 coignission re-
van catand, form-
e of Ee Supreme
Canal. in August
? e d .Mr. Justice
c unfit for office.
leral Government,
iched the inquiry,.
notice it will seek
al through a reso-
the two Houses of
t.
don results from
ce Landreville's
e, ? while a judge
Of free stock in
'71 Ti
'17?7". Ti
?7,
\
(71717 7-n
n Ontario Supreme
Court libel' action took a
dramatic turn yesterday
when Eerik Heine, an Es-
tonian exile suing the U.S.
'Central intelligence Agency
for slander, was named as
a defendant.
Mr. Justice W. A. Dono-
hue discharged the jury in
the trial's fourth day and a
new trial was called.
In the action, two leaders
of Toronto's Estonian com-
munity say they were de-
famed by anonymous pam-
phlets published by Toronto
lawyer Mart Tarum.
Mr. Tannin also an. Es-
tonian, told a six-man jury
last week that Mr. Heine
had admitted being the au-
thor, puglisher and distribu-
tor of the pamphlets.
Mr. Heine's statements
were made in the presence
of Mr. Tarum's lawyer,
Donald J. Catalano, Mr.
Tarum testified.
Donald A. Keith, counsel
for Harry Boris Parkma,
59, president of the Estoni-
an Central Council, and
Olev TraSs, of the Universi-
ty of Toronto's engineering
faculty, made the motion to
add Mr. Heine as a defend-
ant.
Mr.. Parkma and Mr.
Trass, who are suing for li-
bel, claim that in the pam-
":ri1
Ii 11
phlets they were attacked
for being soft on Commu-
nism and for suppressing
the truth -about a visit to To-
ronto by Estonian writer
Rudolph Sirge in Septem-
ber, 1964.
The pamphlets criticized
the Est onian Central
Council's reaction to the
way certain members of the
community feted Mr. Sirge,
who some Estonians, the
court was told, believe to be
a Communist emissary.
Mr. Parkma, however,
testified that when the Es-
tonian council learned that
a member of its executive,
Carl Eerme, had enter-
tained the Estonian visitor,
the council asked for and
received Mr. Eerme's res-
ignation.
The jury was told Mr.
Tarum had been seen distri-
buting one of the three ano-
nymous bulletins at an Es-
tonian war veterans meet-
ing.
Mr. Tarum denied he was
the author. implicating Mr.
Heine as the man responsi-
ble.
Mr. Heine, 46, of Rexdale,.
is involved in a separate li-
bel action in the United
States, suing Estonian Jury
Raus for $110,000 for al-
legedly following CIA or-
Widow leaves most of
$2,745,206 to daughter
'7-'17) 6Th 7717(7) (71 (71
0 -171
l'riNins-1
cL,
ders to spread a story that
he was a Soviet spy.
Mr. Keith said he would
file documents today with
the registrar of the Ontario
Supreme Court to begin a
?
h'
UL
new trial with Mr. Heine
and Mr. Thrum as defend-
ants.
He said he hoped to have
the trial heard in the next
assizes which start in Janu-
ary.
New
OVV ? 07043r
BURLINGTON ? (Staff)
? Two appraisers were
wrong when they valued at
about $42,000 land pur-
chased by Halton Region
Conservation Authority for
$70,000, town council was
told last night.
Councilor William Green,
Burlington's Authorit y
representative, defended
the purchase claiming the
Authority got good value
for its money.
ESTIMATES
"As far as Princoncerned,
it's just a simple matter of
two appraisers underesti-
mating true land value," he
said. ?
After the meeting, Mayor
Lloyd Berryman predicted
further talks about 145-acre
purchase, adjacent to the
Authority's Kelso Dam
Park.
Oakville Mayor McLean
Anderson repeated an earli-
er call for an independent
inquiry board to probe the
.77
c/.4.)././
?
appraisers' estimates and
maintained the land was
worth $70,000.
OriTiler
army press
rf?l.
011.1.CCT Giles
Former Canadian army
public relations officer, Ma-
jor D. L. (Burly) Burleson,
49, died at his Markham
home on Sunday.
His wife, the former Mar-
garet Pottle, was in Halifax
visiting her mother.
Winnipe g-born, Maj.
Burleson joined the army
as a private in 1941. He rose
to deputy director of public
relations at Ottawa head-
quarters and retired in 1963.
After retirement Maj.
Burleson was a public rela-
01. the fic;:its men-
tioned LSD and ?.a , couple
mentioned, 'pot' (mariju-
ana) in(iuding one which
had the slogan 'get off the
pot and get on the job' ".
Carl Jordan, 21,an d Paul
Belliveau, 20, both of In-
dian rd., were each sen-
tenced to two years less a
day, definite and one year
indefinite for trafficking in
marijuana. They sold a $10
envelope of the drug to Po-
licewoman Wing.
Harry Cropper, 13, of Av-
enue rd., was sentenced to
two months and given two
years probation for. selling
marijuana resin (hashish)
and marijuana to Coast.
Oldham and PW Wing.
Tears over
711 a riju an a
Charles Simmons, 19, of
Shuter st., was sentenced to
a year definite and a year
indefinite for trafficking in
marijuana. Barbara Hong,
19, of Roxboro st., burst
into tears when she re-
ceived suspended sentence
and two years' probation
for the same, offense. Police
found more than 'two
pounds of marijuana or
enough for 3,600 cigarettes
in a laundry bag in Miss
Hong's morn.
Gerald Weeden, 25, of
Brookfield st., was sen-
tenced to two years less a
day definite and one year
indefinite for trafficking.
John (John-John) Morris,
21, of Leaside, received sus-
pended sentence and two
years' probation for selling
marijuana to the police-
woman. Helen Grant, 19, no
fixed address, who intro-
duced Morris and two other
sellers to the undercover of-
ficers, received a year on
eight counts of trafficking.
Gerald Dixon, 26, of Hu- ?
ron st., received two-and-
min-lialf NIP nl` pnnri n-r t
about 4t)
nodes. We timd
moot to go in
apartment a fie
to make the in
On the day of
ment, Miss Ph
the police stati
polI cewoman
brassiere with
transmitter.
"The hey wol
`cardigag." exi
Pinuii.-0'When
heard Bat w
transmiger th
come in the
Then
again. Ass Pin
Wright n d a
.pieked Igr up
they drepre to a
on Keeg st.
,another r4 an lb
introducgi as
said. anoza cam
up on aaipod.
"The
start in e shot
the bedi' om,
the livi
Pimm. ,
when s
get star
and ex
went irA
room
was
leone
d' I
sed
I the
There ? 5 said
about tl4e tin
1
transmi r an
came o of ti
the apa@nent
police." ?.
The trgi coot
Judge %Fain
jury ofoll n
o
woman. 0
PRE
Clifford Cay
peared in coin'
black net stocki
an's tweed suit
hair piled high.
Cayer, who I
male aliases, w
or one month b
Lucien Kurata
onnvipfp,1 ,c
Approved For Release 2005/01/27 : CIA-RDP75-00770R000100180003-2
Arne 47
414-115:7?
Approved For Release 2005/01/27 : CIA-RDP75-00770R000100180003-2
Approved For Release 2005/01/27 : CIA-RDR7 -007795oogrolspoo3-
--L.,
aLj (
Called as co-defendant
Estonian
. Eerik. Heine, an Estonian
Immigrant who is suing an
agent of the US. Central -In-
t elligence Agency?for
$110,000 for -slander, was
added as ?a defendant yes-
terday in ? a libel action
brought by. two leaders of
Toronto's Estonian commu-
nity.
Ontario Supreme Court
Justice W, A. Donohue- or-
dered a neW trial in the li-
bel action, with Mr. Heine,
46, being added as a co de
fendant.
Heine (pronouced
Han'ya) who served in the
German forces during the
war, claims to have been an
a n t i-Communist Partisan
leader in Estonia after 1945.
He came to Canada in 1956
after release from a Soviet
prison camp. The CIA
agent, Jun i 1-taus, ? also an
Estonian,, accused him in
1963 of being a Soviet agent.
Harry Boris Parkma, 59,
. president of the Estonian
Central Council, and Dr.
Olev Trass, council secre-
tary and a University of To-
ronto professor, claim they
were libelled in three anon-
y m o u.s?Estonian7language
bulletins distributed two
years ago.
Defendant Mark Tarum,
a Toronto lawyer, told the
jury last Thursday that
Heine admitted to him last
week that 'he wrote, pub-
lisheci and distributed the.
--bulletins.
?Mr. Thrum. said his law,'
yer was ? present when
Heine's statements were
made.
? Tarum had denied beiftg
responsible for the bulle-
tins.
Donald A. Keith, counsel
for Mr. Parkma, made the
motion to add Heine as de-
fendant. Mr. Justice Dono-
hue dismissed the jury and
ordered a new, trial with
1\ktw lifeboat .
OTTAWA--A 44-foot life-
boat that rights itself when
'capsized has been bought
by the Woo rbvieptiFOrRel
of transport for Jests in
coast guard work, it was
Heine and Thruni as co-de-
fendants. -
Heine has charged in the
U.S. that the . CIA agent
called him a Soviet spy,
Heine, who bec,ame a Ca-
nadian citizen in 1963 and
has been free -to go back
and forth across the U.S.
border, has frequently been
denounced by the Commu-
nist press in. Estonia as a
"war criminal." He has a
reputation in Toronto as an
named in libel c. ase
anti-Communist.
During his slander action
before a federal judge in
Baltimore, the CIA admit-
ted it instructed Raus to say
Heine was despatched to
America as an agent for the
Soviet Union and was pos-
ing as an anti-Communist. ?
The case has attracted
wide internatiOnal attention
and has provoked comment
both in the House of Com-
mons and the U.S. Con-
gress. The CIA is-seeking to
have the action dismissed
on the ground that its
agents are immune to slan-
der.
Legal minds see that ac-
tion as a test of whether
U.S. undercover agencies
have the right to accuse
their, own citizens; and
those of other countries,
without giving the accused
a chance to defend them-
selves in court. ?
Wialmo/sovoteri.11?.
otarlf?a1.1.10?Billral.
f
Canada's Birthday Bonds
ase12005/04127C:--CIA
? ?
kcitTTCOIRIG
t
ralk to The Bank or'llova Scotia
about the new Canada Savings
Bonds Centennial Series, and about
your personal holdings of past
issues. We can advise you of the
best way to double your money with -
the new Canada Savings Bonds. --
On sale now at every branch.
- 7.4
,L91,9o0,
"
477:
") '1
Approved For Release 2005/01/27 : CIA-RDP75-00770R000100180003-2
?,G STAR, 8 Dec 66
?Heine Loses Case
Against CIA Agent
By LYLE DENNISTON
Star Staff Writer
BALTIMORE ? A federal
judge today threw out a $110,-
000 lawsuit accusing a CIA
agent of slander In calling an
Estonian emigre leader a Com-
munist and Soviet agent.
Judge Roszel C. Thomsen is-
sued an order summarily dis-
missing the suit filed two years
ago by Eerik Heine, a native of
Estonia who now lives in a
suburb of Toronto, Canada.
Heine's suit was against Juni
Raus, a Hyattsville engineer for
the Bureau of Public Roads and
a sometime agent of the Central
Intelligence Agency.
The CIA has said that Raus
was an employe of the agency
and had been given orders in
1964 to spread the word that
Heine was a "dispatched Soviet
intelligence operative, a KGB
agent." KGB is the Soviet se-
cret police agency.
Judge Thomsen based his dis-
missal of the lawsuits on two
grounds:
He said that Raus has a "priv-
ilege against liability for defa-
mation" because he acted
"within the scope of his em-
ployment by an agency of the
United States."
2. The government has a
"privilege against discovery of
the secrets of the CIA."
Thomsen's ruling, in effect,
ends the lawsuit, unless Heine's
lawyers are able to persuade a
higher court to reverse the rul-
ing.
Heine's attorneys have said
they would appeal if Thomsen
dismissed their case. They
have 30 days to file a formal
notice of appeal with the 4th
See HEINE, Page A-to
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Approved For Release 2005/01/27 : CIA-RDP75-00770R000100180003-2
" rIEINE
Suit Against CIA Loses
Continued From Page A-1
U.S. Court of Appeals at Rich-
mond, Va.
Had the judge ruled the other
way, Heine's claims that he
was defamed by Haus would
have been tried before a jury.
"The Same Dilemma ..."
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
the question of the truth or
falsity of the charges, because
the court would still be required
to recognize the privilege
asserted by the United States."
The judge said "the dilemma
which would be presented at
the trial would be the same
dilemma which is presented
now.,,
That dilemma, the judge said,
is whether Raus would be for-
bidden to testify about facts
and to call witnesses in order
to prove that what he said
about Heine was true. This
inability, he said, might not
only make Raus come into
court "weaponless before his
adversary," but might deny
Heine "the opportunity to at-
tempt to vindicate himself in
court."
The judge said: "No way to
avoid choosing between two evils
has been suggested or dis-
covered."
In upholding Raus' claim that
he has a privilege of immunity
for his officially ordered state-
ments against Heine, Judge
Thomsen relied on a 1959 Su-
preme Court decision in the
case of Barr v. Matte?.
The ruling in favor of the
CIA's claim that it need not
tell any more secret informa-
tion about Raus and his actions
was based upon a federal law
designed to safeguard national
defense and security secrets.
"It is clear that if Raus makes
further disclosures without the
approval of the agency, he
would not only violate the sec-
recy agreement (that he made
with the CIA in 1963), but might
also violate the statute prohibit-
ing unlawful disclosure of con-
fidential information respect-
ing the national defense."
The judge said that he "has
been anxious" to insure that
Heine "should have the oppor-
tunity to discover whatever fact>
he is legally entitled to dis-
cover . . . and has accorded
plaintiff (Heine) that opportun-
ity.