DANILOFF AFFAIR: A CASE HISTORY

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Document Number (FOIA) /ESDN (CREST): 
CIA-RDP90-00965R000807490022-3
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RIFPUB
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K
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3
Document Creation Date: 
December 22, 2016
Document Release Date: 
March 9, 2012
Sequence Number: 
22
Case Number: 
Publication Date: 
September 21, 1986
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OPEN SOURCE
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A. Declassified and Approved For Release 2012/03/12 : CIA-RDP90-00965R000807490022-3 PJ LOS ANGELES TIMES n: 21 September 1986 Daniloff Affair: A Case History How Superpowers Unwittingly Lurched Toward Confrontation 5 By MICHAEL WINES and RONALD J. OSTROW, Times Staff Writers WASHINGTON-When a Soviet citizen named Gennady arrived in New York 45 months ago, alarm bells went counterintelligence agents. As a physicist employed by the U.N. Center for Science and Tech- nology Development, Zakharov was immediately presumed to be a Soviet spy. Almost from the day the United Nations established its headquar- ters on the bank of the East River 37 years ago, Moscow has used U.N. positions by the hundreds as cover for espionage, a practice that through the years has created endless security problems for the United States. Unwritten Rules In Zakharov's case, it soon be- came clear that he was a particu- larly blatant example. Ignoring the unwritten rules that leave more advanced espionage work to agents with diplomatic immunity as part of Moscow's U.N. mission, Zakharov, U.S. officials say, launched boldly into the business of recruiting potential spies and pumping them for U.S. secrets. "Zakharov was an eager bea- ver," a government source said. "He made several approaches that the FBI learned of as soon as he hit U.S. soil." What followed-taken together with what went before in the ceaseless skirmishing between the U.S. and Soviet intelligence com- munities-has become a textbook example of how two powerful and mutually suspicious nations can find themselves lurching suddenly and unexpectedly into confronta- tion. F. Zakharov off for U.S. To U.S. officials, long rankled by the fact that the Soviets can oper- ate freely here while Moscow's police state offers no similarly sheltered opportunity for U.S. agents, the course seemed clear: Zakharov and his masters had to be shown that such attempts to ex- pand their spy network in this country would not be tolerated. After carefully checking with higher authorities, as they are required to do before acting in such situations, FBI officials in New York issued orders for Zakharov's arrest on spying charges. Unforeseen Results "This wasn't something that was done by people who did not realize the foreign policy implications," one Administration official insisted. "A policy was in place. This was something done by the proper processes." But two weeks after the Soviets' retaliatory seizure of U.S. News & World Report Moscow correspon- dent Nicholas Daniloff for espio- nage, it is also clear that neither side could foresee where the Zak- harov case would lead or easily control its still-spreading circle of damage. "Never in our wildest imagina- tion did we expect the Soviets to grab a newsman and concoct a case against him," a U.S. official ac- knowledged last week, complain- ing that Moscow's quick seizure of Daniloff reflects "the complete ir- rationality of the Soviet system." Viewed in a wider context, there 'is a grim logic to the way in which the arrest of the relatively obscure Soviet U.N. employee touched off a seemingly unstoppable series of diplomatic escalations: the seizure or Daniloff in Moscow; a halt to the slow thaw in U.S.-Soviet relations tlat had begun earlier this year; an ominous increase in the credibility gip separating the two powers, vdith Soviet leader Mikhail S. Gor- bachev publicly rejecting President Aeagan's personal assurance of rbnJoff's innocence; the suddenly cloudier prospects for a fall sum. nllt and the carefully timed expul- slort Of 25 Soviet diploinats from the United Nations mission in New lprk- 'TM1@0@ftlY*be"latar Each side, proce}ding from its o}m vision of re'Mfty and pursuing policies based on its own national interests. took steps that seemed pNdent, even restrained, to itself bpt provocative to the other. I think the Soviets completely miscalculated I think they thought we'd bluster a bit and then negoti- ate an exchange," said William C. Fuller, a historian and noted Rus- sian scholar who teaches strategy at the Naval War College in New- port, R.I. "To a very large degree, that's the history of U.S. -Soviet relations. You can't study the Cold War without realizing the information vacuum both sides are operating in.,, The United State apparelitly miscalculated as well. Despite the delicate state of U.S.-Soviet relations leading up to a possible summit, the Administra- tion, in the words of one govern- ment source, viewed the Zakharov arrest as "a routine case" involving a spy who may have overreached himself. Go-Ahead for Arrest Even such a "routine" case in- volved high-level supervision. The FBI decision to arrest Zakharov was relayed to senior State Depart- ment officials and perhaps to Sec- retary of State George P. Shultz; to top intelligence-agency officials, and to the chairmen of the House and Senate intelligence commit- tees. At the White House, John M. Poindexter, the President's nation- al security adviser, gave the Ro-ahead for the arrest. CWiab u d Declassified and Approved For Release 2012/03/12 : CIA-RDP90-00965R000807490022-3 Declassified and Approved For Release 2012/03/12 : CIA-RDP90-00965R000807490022-3 Siarilsorly, the Soviets folf lieved that they could Saab their agent from prlipe sin*fe swap even one etaplo t Aaerfcap sutras This Soviets are widely believed to have taken the same tack in batsinasemas > anslr , on black-market evyWhey charge* in an apparent atseanpt to fords the rehwst of two Soviet agent', XU. dog P. Chernyayev and Vladih A. NO one in the West knows with c 4twety haw the Soviets view the l -Dsniloff a> internal" P110 1"d ohms hive to bar On tl , So" bids to~f t os* pica tltasg~: did: it," doe Waled State Deport- ment official said. But publicly, Gorbachev has ac- cused U.S. hard-liners of deliber- ately espkltfng tlu-frestr(o poi- son suWesPCWW relations, a charge greeted'bp denials.fa every corner of the Reagan Administration, the sulde, the surprise at ter is amost seriousness of the mat- "I don't think paanybody believed the Soviets would go to the bold act of arresting d ~charging an inno- American Administration expert said. "They really have chosen to esca- late it, not us." Viewed through American lens- es, the Zakharov can forced the Administration to deal with a Sovi- et citizen following what one gov- ernment source called "the classic style" of espionage: "First a warm-up where he was getting; unclassified information, and than he moves along. with tam about money and secretiniorme z,., Thor afifclafs eondudee that tUic benefits of arrest and proseciitIjt incMhng letting the Soviets know that such spying efforts can and will be stopped, seemed to- out. weigh the possible risks, A-? FBI Iateraaed In the case that led to hie arrest, an FBI affidavit states that Zack. harov approached a Queens Col_ cge. N.Y., computer science stu;. dent in 1983, professing to be a U.N. employee who would would pay for "research time" on robotics and computer technology. The student, known by the code name "Btrg," immediately informed the FBI and later met frequently with Zakhar- ov, receiving money in return for supplying of unclasgi;- fled data, much of iitt stolen from libraries. . When Birg went to work in - t September;, _ 1986, for a Queens. company that makes unclas ifi g precision ebmponents for military aircraft engines and radars, Zak- harov's requests shifted to docu- ments from the company on its manufacturing Last Jan. 18, the affidavit states. Zakhsrov instruct- ed Big to photocopy the first few Pages of operating manuals for machines the company uses to make aircraft components. Zakharov later struck a written espionage agreement with Birg during a meeting on a subway platform last May 10, the affidavit says. Birg agreed to obtain ciasd- fled data for 10 years and be paid according to the quantity and qual- ity of information he fed the Sovi- ets. Vfelated apleaege JAWS In the- Reagan, Administrationts view, theme were compelling rea- sons to arrest Zakharov the first time he violated espionage laws by seeking and receiving datafrom.Bfrg. am" Although at this point the FBI had Zakharov under surveillance for 45.mon hs, postponing a climax to the case for; a few more months, say,_ until a sillmmit was over, was impossible without losing the chance of an arrest, one Adminis_ tration official said. Once Zakharov made the request for clasefed material. Birg had to respond or Zakharov would slip off the hook. "It wasn't us that called the timing," said one Administration official. "It was whoever was giv- ing Zakharov's orders." Tie FBI also feared that it might forever lose the chance to catch Zakharov in the act of taking secret documents if it let the first ex- change with Birg pass, for it is common practice for agents to turn their sources over to more senior handlers with diplomatic immunity once the source has been lured into violating espionage laws. More- over, Zakharov's visa expires next March, and he might have left at any time. Such cases once were resolved with quiet expulsions rather drop arrests, but since the Chernev and Enger cases in 1978, it has. been official policy to arrest and try foreign agents who lack diploma immunity.. To allow Zakharov to escape arrest, officials Ergue, would have broken precedent and opened up a vast new pool of Soviets in the United States for active espionage work. "We can control diplomats through the (1983) added, ,ions Art." one U. "bout we don't have thd" iliasne de facto ability to control (Zakharov's). movements. He can fly to Toledo and meet with somebody and ?we have no way at knowing-it unless we're watching him... One official said this week that the authorization} for the arrest was seen as. "a difficult _calL" The Administration was aware of the potegtiaffor Soviet retaliation. Three- weeks after Enger and Chernyayev.were arrested in 1978, for example, the Soviets arrested businessman Crawford. The United States resisted any suggestion of W. swap at the time, and Crawford later was expelled from the Soviet Union. The Soviets: toter traded five dissidents for the t o spies. Mirror-Incase Reaction But Administration officials also noted that several other East-bloc spies had been jailed without out- right Soviet retaliation since 1978. Moscow's reaction to Zakharov's arrest appears to be a mirror usage of Washington's reaction to Zak- harov's espionage activitiesr And to Soviet leaders, the ar- rest of Daniloff may have as logical as the arrest of Ze khacov appeared to the White House. Zakharov's arrest can at a time when the Soviet espionap net- work had taken a Yearlong batter- ing, beginning with the breakup of the Walker spy ring in the United States and extending through a string of KGB defections, U.S. officials believe that the KGB suf- fers a serious morale problem. Officials say the Soviets may have been angered by the initial refusal of a federal magistrate to grant bail to Zakharov. But they. noted that New York attorney Martin Popper-Zakharov's law- yer, as w f.11 as Enger and Cher- nyayev's ttorney in 1978-inex- plicably did not consult with the State Department on bail matters before going before the court, as protocol dictates. 'Closed the Deer' Enger and Chernyayev initially were denied bail b t, after pressure from then-Sec of State Cy- rus R. Vance, ere quickly re- leased to the vier ambossa$or and spent littl time. In jail bee being swapped. to Zakharov's case, "the defense counsel., closed the door' to granting bail - "it W could be opened,., said b W Baker, assistant FBI directo r foe' congressional and Public aff s - ,, , Cofl>(}f1Uld Declassified and Approved For Release 2012/03/12 : CIA-RDP90-00965R000807490022-3 Declassified and Approved For Release 2012/03/12 : CIA-RDP90-00965R000807490022-3 .,anea- nmencan omruu say the powers have been sufficiently Sh cets ? may have felt it vital to chastened by theZakharov contro- rbasure KGB agents abroad that, versy that further serious miscal- tlty would not be left twisting in culations-if, in fact, they were tie wind should they be caught in miscalculations-are unlikely. the act. "Zakharov's a peon," one US. official reasoned. "But he's one "It could disappear overnight. I offtheir" think there is a lot of effort right Moreover, Soviet officials dis- now to make it disappear," the liked Danilolf,?whose own grandfa- intelligence official said. "I don't tier held a high post in czarist think it is going to end here and Russia's military machine and now. There'll be back and forth, tit whose fluency in Russian gave him for tat, until both sides think their more contacts with Soviet citizens honor is defended, and then there than many of his Western press colleagues had. Arresting him was a delicious way to gain a lever for Zakharov's release while muzzling an increasingly sophisticated Western reporting corps. The relatively muted American outcry over Crawford's 1978 ar- rest-and the Reagan Administra- tion's own strident attacks on the press for gathering and publishing classified information-may also have suggested to the Soviets that Daniloff a seizure would stir no alarm, one government intelli- gence source said. Many government officials ap- pear to believe that both super- And U.S. officials will a er asterisk to their well thumbed history of Soviet-American coon. terintelligence battles. "When' it comes to espionage," one government source said, "the rules are only cited by the Soviets when they get caught. In short, there are no rules of the gads.? Declassified and Approved For Release 2012/03/12 : CIA-RDP90-00965R000807490022-3