EX-AGENT FACES COURT ORDER IN LIBEL SUIT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90-00965R000605020008-4
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 1
• Document Creation Date: December 23, 2016
• Document Release Date: February 19, 2013
• Sequence Number: 8
• Publication Date: January 18, 1985
• Content Type: OPEN SOURCE

Declassified in Part - Sanitized Copy Approved for Release 2013/02/19: CIA-RDP90-00965R000605020008-4
n ,n,' ;jam ^ED
"motion to compel" Phillips to answer
certain questions. In view of Phillips's
"failure, -whether through :unwilling-
tnstr icTed-) llips-not to answer on the
grounds That responding would be a
breach of national security.
Judge Thomas Penfield Jackson, of
the U.S. District Court for the District
of Columbia, on November 20 denied
the motion by the authors and publisher
to dismiss-the case. But he granted the
In addition, Wulf said, attorneys for
the U. S. government were present dur-
ing the taking of depositions and they
designed to establish relevant facts
about the case were submitted to Phil-
lips. Because Phillips had signed an
agreement on joining the CIA not to re-
veal classified information, he refused
to reply to the interrogatories, claiming
the privilege against self-incrimination
since violating his secrecy oath would
Ex-Agent Faces Court
Order in Libel Suit
A federal judge has issued an order in
the $120 million libel suit brought by a
former CIA agent against publisher
Lawrence Hill that could discourage
similar suits against those who write
and publish books critical of the intelli-
gence establishment. ' ._ . ..
The book in question is Death in
Washington. Former agent David Atlee
Phillips brought two libel suits, since
consolidated, in 1981 against the West-
port, Conn., publisher and the authors,)
Donald Freed and Fred Landis. -
Death in Washington -charges that
Phillips orchestrated a coverup of the
fact that Chilean diplomat Orlando Le-
telier, who was killed by a bomb explo-
sion in his car in Washington, D.C., in
1976, was assassinated by agents of the
ruling junta in Chile. that the CIA had
helped to install and that Phillips -
worked to obstruct the FBI and police
investigations of the assassination.
During the interrogatory period of
the four-year-old suit, according to,
lvielvin_W.ulf.o the New York.firm_of- ..
Beldock Levine & Hoffman,_]awyer_for
the authors, -'--160 critical questions"
PUBLISHERS WEEKLY
18 January 1985
ness-or inability" to comply with the-
order, Judge Jackson ruled that the fol-
lowing five facts would be taken as es-
tablished and that the jury in the case,
which is expected to be tried in several
months. would-be so instructed:-
1.' Nat-plaintiff'had`Telationships
with journalists during his career with I
the Central"intelligence-Agency, and
during his CIA-service he specialized in
propaganda and the planting of false in-_
formation in the. media;
2.'That, during p!aintif'. s CIA ca-
reer, there were regular contacts be-
tween the CIA and DINA.'the Chilean
secret'police agency; -~'"
"3_.That_plaintiff knew.and worked,-
with DINA personnel during7his CIA
service;
4. - That, during plaintifl'sIA ca-`
reer, the- CIA'had a working"relation-
ship with DINA personnel; and
- "5. That plaintiff had both a motive
for assisting, and the means to do so, in
the concealment.of any `complicity of
DINA-personnel in the murder of the
Chilean-diplomat, Orlando Letelier, in
September 1976." ._ ..
.In a release announcing Jiidge'Jack
_'.
son's order, publisher Lawrence Hill
said: "This ruling seems to strike at the
underpinnings of Phillips's libel case. It
now remains to be seen whether or not
=-Phillips-will continue- W ress the=
'=case." _._=_= ?.;,?: _.,;_ -_-
_ Phillips's attorney, James J. Bier-
bow er of Washington;-D:C.: declined
to-say =Whether- his client would press
the case..'I.think I'dbetter stay out of:
this because I am always concerned
-when one side starts sending out press
-releases"to-.drum up publicity, Bier
bower said. He would say only that
,"The lawsuit has been pressed ever
since it was filed."
Declassified in Part - Sanitized Copy Approved for Release 2013/02/19: CIA-RDP90-00965R000605020008-4