LETTER TO WILLIAM J. CASEY FROM MICHAEL P. MCDONALD

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP88G00186R000901150044-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 7
• Document Creation Date: December 22, 2016
• Document Release Date: October 22, 2010
• Sequence Number: 44
• Publication Date: January 15, 1985
• Content Type: LETTER

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ROUTING AND TRANSMITTAL SUP
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DO NOT use this form as a RECORD of approvals, concurrences. disposals,
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Fil
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For Correction
For Your Information
Investigate
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AMERICAN LEGAL FOUNDATION
1705 N STREET, N. W.
SUITE 300
WASHINGTON, D. C. 20036
202-857-0400
January 15, 1985
Mr. William J. Casey
Director
Central Intelligence Agency
Washington, D.C. 20505
Executive Registry
85- 232
Dear Mr. Casey:
When we spoke over the telephone last November, I
remarked that the American Legal Foundation believed in the
rightness of your action against ABC and that we would take
whatever legal action we could to help bring ABC to task for
the shoddy "investigative" reports it broadcast against the
CIA.
As you are aware, since that conversation we have
given advice on numerous occasions to your lawyers regarding
the disposition of the CIA's complaint and have worked
diligently on researching and writing our own complaint against
ABC. I'm happy to report that five days ago, on January 10, 1985,
the American Legal Foundation did in fact submit a 45-page
complaint with supporting exhibits and affidavits against ABC
over the World News Tonight broadcasts regarding Ronald Rewald
and Scott Barnes. As the enclosed articles indicate, now the
liberal media is not only displeased with the CIA but also with
ALF.
I just wanted you to know that we are as good as our
word; whatever we promise, we deliver. Moreover ALF is going
to keep the legal pressure on ABC as much as possible through
additional filings at the FCC. We will also do whatever else
we can to alert the public to ABC's irresponsible behavior
concerning this matter when, for example, ALF representatives
appear in public or on television or radio.
You're a real fighter Mr. Casey, however I know that
other less hearty souls in the Administration must by now be
counselling you to drop the entire matter. Whatever decision
is ultimately reached on this question, rest assured that the
American Legal Foundation will pursue its complaint against
ABC beyond the Commission directly into federal court if necessary
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Mr. William J. Casey
-Page Two
1/15/85
to vindicate the viewing rights of those who were clearly
misled and deceived by ABC about the CIA's involvement with
Bishop Baldwin.
Finally, you should know that as I attend high level
conservative meetings I often discuss what you're doing.
The response is always strong and genuinely in your favor.
In short, your friends support you.
I hope we shall soon have the opportunity to meet one
another to discuss this and other matters. Until then, best
wishes in all your endeavors.
Sincerely,
Michael P. McDonald
General Counsel
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THE NEW YORK TIMES, WEDNESDAY, JANUARY 16, 19b
Cobje New Rork C5141110
ADOLPH 8 OCHE. Publisher 1896 19M
ARTHUR HAY$SUIZBERGER. Publisher 19551961
ORVIL L DRYFOOS. Publisher 1961.1965
ARTHUR OCHS SULZBSROER, P 66.h.-
a
A M ROSENTHAL, Executive Editor
SEYMOUR TOPPING. Mane" Editor
ARTHUR GELS. Deputy Managing Editor
JAMES L GREENFIELD. AttutantMana" Editor
MAX FRANKEL, Editorial Page Editor
JACK ROSENTHAI. Deputy Editorial Pop Editor
a
CHARLOTTE CURTIS, Associate Editor
TOM WICKER. Associate Editor
a
JOHN D. POM F RET. Exec. V.P. OentralManager
RUSSELL T. LEW IS, Sr. VP, CwtWation
LANCE R. PHIMIS,Sr. VP, Aduertuing
J A. RIGGSJR..Sr.V.P, Operations
HOWARD BISHOW. V.P. Employ" Relations
JOHN M.O'BRIEN, V.P. Controller
ELISE J. ROSS, VP, Systems
Newsmakers Can't Be News Censors
. The Central Intelligence Agency cannot sue a
news organization for libel, for the courts have long
held that prosecutions for "libel on government"
have no place in American jurisprudence. So the
C.4.A., feeling aggrieved by an ABC News report,
complained instead to the Federal Communications
Commission. Charging news distortion and unfair
attack, it asked the commission to investigate the
network, perhaps even strip it of some broadcast 11-
ce0ses.
Seven weeks later, with lightning speed for the
'camunlssion but hardly for a news organization, the
F C.C.'s staff dismissed the complaint - for the
wrong reason. Instead of ruling that government
has no standing to ask government to censor and
discipline a broadcaster, the staff said that such
ploadings would be entertained just like anyone
eUe's. The only thing wrong with the C.I.A.'s com-
pllnt, It found, was the agency's failure to fit any of
regulatory cubbyholes of the F.C.C.'s fairness
'personal attack" doctrines.
The network had already acknowledged, on the
al that it could not corroborate the most serious
from one of its sources: that the C.I.A.
ordered the killing of a Hawaii businessman whose
company had intelligence connections. But the
C.I.A. wants more than such a retreat: It wants a
network to be worrying about its licenses whenever
it weighs news stories that officials won't like.
' No sooner was the C.I.A.'s complaint dismissed
than a private organization, the American Legal
Foundation, filed Its own. The foundation's pleading
may be more In order, since It specializes in putting
broadcasters and publishers in the tolls of the law.
But the effect of this intervention is the same as the
C.I.A.'s and it, too, should be denied.
Whatever the merits of F.C.C regulation of
"fairness" in broadcasting, news organizations
should not have to answer to -government for the
way they report on government. A powerful Federal
agency needs no such help In defending itself from
inaccuracy. Nor can government be a reliable judge
of whether It Is treated fairly. Constitutional and
legal safeguards are designed to protect the private
sector from government, not vice versa.
. Whether at the C.I.A.'s behest or someone
else's, the F.C.C. should not allow Itself to be
used, even temporarily, to intimidate a news broad-
caster.
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"OF
L- r ,. - r \
Tuesday, January IS, 1965
ABC HIT'WTTH to SECOND
`SLANTING' COMPLAINT'
By DAVID CROOK, ,? Y-^agaYt/\ a.Yaavama" ?a?VFit.- owlswum YWY{ammut,&NU aw wc\..-
ou- __ C-4-18 111IF-16- -.`? ment firm of .Bishop. Baldwin. billy..
BC Newi has been slapped - In the news reports, ABC said respondent Gary Shepard to put a
with another complaint 1 that the CIA used Bishop. Baldwin camera on Scott Barnes and roll the
charging It with deliberate as a cover for clandestine agency film,' McDonald said. "He (Shop.
rules by "deliberately distorting, The CIA has acknowledged : a' news department that such allega.
slanting and falsifying" news limited involvement with Rewald Bons were unfounded, the' (Ne)
broadcasts. deceived viewers about ' _ and his company. but denied that it ABC 'World News Tonight' went
the Washington-based American Lions as well as national news ABCs 'star witness' on the exist.
Legal Foundation, a conservative . media prior to the disputed broad. ence of a CIA murder conspiracy.
public-interest law firm, charges casts, McDonald noted in a tole ."However, despite the wide-
that the network violated FCC . phone interview. spread knowledge within the ABC
The new 45-page complaint by Hawaiian newspapers and TV atm.. of credibility of Scott Barnes,
fairness-doctrine complaint ~__ Information_eontrary to ABCs filing: any of ABCs top news
against the network. . . charges was reported widely *h y officials .. were aware of the lack
"news suppressloh" and distortion activities throughout Asia?ar d the ard) was under an obligation to add
In reporting CIA Involvement with Pacific, Including illegal arms ship other information. It's suppression
a Honolulu investment firm, In- menu to Taiwan and effortp: to, of the news in the sense that ABC
eluding the charge that the agency.'.' destabilize the economies of a nuts- denuded Barnes' statements of
plotted to kill an American citizen. ber of foreign countries. ABC also their proper context. They (ABC)
The new filing was made to the charged that the CIA 'plotted"to wittingly enhanced the credibility
FCC on the same day that the murder investment counselor Ron:. of his charges."
commission dismissed a similar CIA aid R. Rewald. ,,.. -According to 'the foundation's
di neut raised in
nt `19 charges of CIA wrongdoing,' , Says w Ti eeoundatiion's complaint 'did
on the controversial information m oraer to ennance upon the millions of viewers who
and presented "only , - ABCdefiberatelysuppresse.d pilbllc U-ary evidence absolving the CIA
"~"-- - - -- - - ABC's murder charge, which was ence of opinion" with Koppel over
The new charges are similar to \~\~.
r ABC had no' comment on the ' had anything to do with any illegal Lord, then executive producer of
and 20,1984, "World : 'the American Legal Foundation:' not note, however, that there was a
News Tonight" re. major disagreement about Barnes'
"We're handling it as a routine ry or sanctions." news program at the ume of the
tairn._aa emmnlaint that will hea McDonald said that.the founds. disputed September, 1984, broad.
erect ' ---- ---- - renarately fro --- - -- - 'World News Tonight"
erem the CIA a_ the lieh prima fade complaints lutflProducer of
w .
y
v e ere ibilfty was suspect both within and nam Deception" (currently the
even as it misled them." o subject of a widely publicized
The foundation's filing cites 15 wit out the network. libel suit) and a 1984
"flagrant instances of news distor- ABC fist encountered Barnes in $120-million i_
sensational 'investigative' news tory ' - dealings with Barnes, against the C E documentary, "The Uncounted stor
McDonald noted, and Barnes' cred- y: A Viet-
that would attract I
Lion's complaint raises the, novel sloii was in its reporting of the e country as well as corporate
legal argument that ABC violated cha-'Ba' raised by former prison and nonprofit financial backing. FCC regulations by engaging in guard Scott T. Barnes that he was ., complaints The foundation lotion has two other
deliberate suppression of informs- ma a privy to a CIA plot to kill currently under consid-
tion "In an attempt to concoct a Re id. ABC had a two-year his. eration at the FCC-a 1983 filing
died station In Washington. _ McDonald said that the prim lpaj 40,0000 individual supporters across
It"# slam/insn?Iv 11.. f ..