-Caveat Lector-

Below please find excerpts from an article from Helen McGonigle, Esq. that
she presented at our conference this year. Information on ordering a tape of
her presentation is at :
http://members.aol.com/smartnews/SMART-1999-Conference.htm

This article is not currently available on the Internet. I can attach it to
an E-mail for anyone who is interested. If you want an E-mail copy, it would
probably be better to write me than her.

Sincerely,  Neil Brick

THE LAW and MIND CONTROL

A LOOK AT THE LAW AND GOVERMENT MIND CONTROL
THROUGH FIVE CASES

CIA VS SIMS
UNITED STATES VS STANLEY
ORLIKOW, ET AL VS UNITED STATES
KRONISCH VS UNITED STATES ET AL
HEINRICH, ET AL VS SWEET, ET AL

August 15, 1999

by,  HELEN L. McGONIGLE ATTORNEY AT LAW
PO BOX 540
BROOKFIELD, CT  06804-0540

Tel. (203) 740-0074
Fax (203) 740-1171

COPYRIGHT � 1999 Helen L. McGonigle. All Rights Reserved. Requests for
permission to reproduce or republish material should be addressed to P.O. Box
540, Brookfield, CT 06804-0540 or [EMAIL PROTECTED]

The disclosure of the project researchers and institutions involved in
MKULTRA was the subject of the landmark United States Supreme Court case,
Central Intelligence Agency vs John Cary Sims and Sidney M. Wolfe, 471 U.S.
159, 85 L.Ed. 2d, 105 S.Ct. 1881 (1985). Direct quotes from the U.S. Supreme
Court decision and/or briefs are noted below in quotations. The full text of
the U.S. Supreme Court's opinion can be ... for free by typing in "471 US
159"

at http://www.findlaw.com/casecode/supreme.html

"Between 1953 and 1966, the Central Intelligence Agency financed a
wide-ranging project, code-named MKULTRA, concerned with 'the research and
development of chemical, biological, and radiological materials capable of
employment in clandestine operations to control human behavior.' The program
consisted of some 149 subprojects which the Agency contracted out to various
universities, research foundations, and similar institutions. At least 80
institutions and 185 private researchers participated. Because the Agency
funded MKULTRA indirectly, many of the participating individuals were unaware
that they were dealing with the Agency". Id. 161-162.

Some researchers were witting, some unwitting. Public Citizen claimed "the
unwitting researchers in this case were funded by the CIA through a front
group, the Society for the Investigation of Human Ecology, not because the
researchers were unwilling to help the CIA, but because the CIA wanted to
avoid publicity concerning the nature of its interests". Brief for
Respondents In No. 83-1075 and Brief for Petitioners in No. 83-1249, p. 29.
Cross references to the Joint Appendix show a memorandum dated January 10,
1956 from the TSS/Chemical Division stating "specifically, human experiments
of a type not easily justifiable on medical-therapeutic grounds would be
involved...for the reasons given above and because this project in a general
way will begin to become involved in the subjects of interrogation and some
aspects of brainwashing, TSS/DS has decided that it should be funded through
project MKULTRA rather than by less secure methods". [TSS = The Technical
Service Staff of the CIA]

"Several MKULTRA subprojects involved experiments where researchers
surreptitiously administered dangerous drugs, such as LSD, to unwitting human
subjects. At least two persons died as a result of MKULTRA experiments, and
others may have suffered impaired health because of the testing. See id., at
392-403. This type of experimentation is now expressly forbidden by Executive
Order. Exec. Order No. 12333, � 2.10, 3 CFR 213 (1982)". Id. p. 162, fn.2.

    "Twenty years after the conception of the MKULTRA project, all known
files pertaining to MKULTRA were ordered destroyed. Final Report, at 389-390,
403-405. In 1977, the Agency located some 8,000 pages of previously
undisclosed MKULTRA documents. These consisted mostly of financial records
that had inadvertently survived the 1973 records destruction. Upon this
discovery, Agency Director Stansfield Turner notified the Senate Select
Committee on Intelligence and later testified at a joint hearing before the
Select Committee and the Subcommittee on Health and Scientific Resources of
the Senate Committee on Human Resources. Although the Joint Committee was
given a complete list of the MKULTRA researchers and institutions, the
Committee honored the Agency's request to treat the names as confidential.
Respondents sought the surviving MKULTRA records that would provide this
information". Id. p. 163, fn.5.

The U.S. Supreme Court held that the identities of  MKULTRA researchers did
not have to be disclosed, as they were protected "intelligence sources" under
the FOIA, nor was the director of the CIA required to disclose the
institutional affiliations of the exempt researchers

Two years after its decision in CIA vs Sims, the US Supreme Court again
confronted issues related to MKULTRA and the use of LSD on unwitting human
subjects in United States vs Stanley, 483 U.S. 669 (1987).

The full opinion is accessible for free through
http:www//findlaw.com/casecode/supreme.html

    In February 1958, James B. Stanley, a master sergeant in the Army
stationed at Fort Knox, Kentucky, volunteered to participate in a program
ostensibly designed to test the effectiveness of protective clothing and
equipment as defenses against chemical warfare. He was released from his
then-current duties and went to the Army's Chemical Warfare Laboratories at
the Aberdeen Proving Grounds in Maryland. Four times that month, Stanley was
secretly administered doses of lysergic acid diethylamide (LSD), pursuant to
an Army plan to study the effects of the drug on human subjects. As a result
of the LSD exposure, Stanley claimed to have suffered from hallucinations and
periods of incoherence and memory loss, was impaired in his military
performance, and would on occasion "awake from sleep at night and, without
reason, violently beat his wife and children, later being unable to recall
the entire incident." App.5. He was discharged from the Army in 1969. One
year later, his marriage dissolved because of the personality changes wrought
by the LSD. US v Stanley, page 691.

   Twenty-seven years later, on December 10, 1975, the Army sent Stanley a
letter soliciting his cooperation in a study of the long-term effects of LSD
on "volunteers who participated" in the 1958 tests.  This was the
Government's first notification to Stanley that he had been given LSD during
his time in Maryland. After an administrative claim for compensation was
denied by the Army, Stanley filed suit under the Federal Tort Claims Act
(FTCA), 28 U.S.C. � 2671 et seq., alleging negligence in the administration,
supervision, and subsequent monitoring of the drug testing program.

    Who was named in the Stanley suit
    Stanley named Joseph R. Bertino, MD; Board of Regents of the University
of Maryland; H.D. Collier; Albert Dreiscach; Bernard G. Elfert; Sidney
Gottlieb, M.D.; Richard Helms; Gerald Klee, M.D.; Van Sim, M.D.; Walter
Weintraub, M.D.; and unknown individual federal and state agents and
officers. US vs Stanley 483 US 674, footnote 2.

Since Stanley was a serviceman at the time of the experiments, the Court held
that his claim was barred under a legal doctrine known as the Feres doctrine.
Feres insulates the government from liability for injuries to servicemen
resulting from activity "incident to service". Worse yet, the majority of the
U.S. Supreme Court also held that Stanley's Bivens claims for constitutional
violations against the individual federal officials involved in the secret
project were also barred by governmental immunity.

*   Violations of the Nuremberg code
    Justice Brennan and Marshall dissented in the decision to deny Stanley
his Bivens claim referring to the Nuremberg code:

" The medical trials at Nuremberg in 1947 deeply impressed upon the world
that experimentation with unknowing human subjects is morally and legally
unacceptable. The United States Military Tribunal established the Nuremberg
Code as a standard against which to judge German scientists who experimented
with human subjects

In the 1950's, in defiance of this principle, military intelligence agencies
and the Central Intelligence Agency (CIA) began surreptitiously testing
chemical and biological materials, including LSD. These programs, which were
"designed to determine the potential effects of chemical or biological agents
when used operationally against individuals unaware that they had received a
drug," included drug testing on "unwitting, nonvolunteer" Americans. S. Rep.
No. 94-755, Book I, p. 385 (1976) (S. Rep.). James B. Stanley, a master
sergeant in the Army, alleges that he was one of 1,000 soldiers covertly
administered LSD by Army Intelligence between 1955 and 1958. See id., at 392.

In Jaffee v. United States, 663 F.2d 1226 (CA3 1981), a former enlisted
member of the Army sought damages arising from injuries received in 1953 at
Camp Desert Rock, Nevada, where his commanding officers ordered him and
thousands of other soldiers to stand unprotected from nuclear radiation while
an atomic bomb was exploded nearby. Jaffee developed inoperable cancer in
1977 and alleged that the radiation exposure was the cause.

   Between 1945 and 1963, an estimated 250,000 military personnel were
exposed to large doses of radiation while engaged in maneuvers designed to
determine the effectiveness of combat troops in nuclear battlefield
conditions. Veterans'. Claims for Disabilities from Nuclear Weapons Testing:
Hearing before the Senate Committee on Veterans Affairs, 96th Cong., 1st
Sess., 2 (1979). Soldiers were typically positioned one to three miles from
nuclear detonation. They were issued no protective clothing (although Atomic
Energy Commission personnel were) and were not warned as to the possible
dangers of radiation. They were instructed to cover their eyes at detonation;
"soldiers with their eyes shut could see the bones in their forearms at the
moment of the explosion." Schwartz, Making Intramilitary Tort Law More Civil:
A Proposed Reform of the Feres Doctrine, 95 Yale L.J. 992, 994, n. 16 (1986)
(discussing firsthand accounts in T. Saffer & O. Kelly, Countdown Zero 43,
75, 152 (1982)). The exposed servicemembers have been disproportionately
likely to be afflicted with inoperable cancer and leukemia, as well as a
number of nonmalignant disorders. The Jaffee case is discussed in US v
Stanley, at page 690 footnote 6.

One researcher known to have been funded by the CIA's front organization, the
Society for the Investigation of Human Ecology, was Dr. Ewen Cameron.

*   Ewen Cameron and the Allan Memorial Institute - Subproject Subproject 68
funded by CIA from March 18, 1957 to June 30, 1960

    Without conceding liability, in 1988 the CIA agreed to pay $750,000 to
settle a case brought on behalf of nine plaintiffs who were subjected to
federally funded mind control experiments sponsored by the CIA and conducted
by prominent psychiatrist Ewen Cameron, M.D. The experiments included heavy
does of LSD, electroshock and psychic driving. Beyond Nuremburg, ABA Journal
March 1997, p.26.

Information on Cameron's experiments and the CIA's effort to stonewall
settlement of the legal case filed by nine of Cameron's victims is contained
in the Senate Congressional Record:

    "THE CIA'S FIRST MAJOR PROJECT IN THE AREA, CALLED ARTICHOKE, WAS
RUDIMENTARY COMPARED TO MKULTRA, WHICH SUCCEEDED IT IN 1953. THROUGH FRONT
ORGANIZATIONS, THE CIA CHANNELED ABOUT $10 MILLION TO DOZENS OF UNIVERSITIES
AND INDEPENDENT RESEARCHERS". Congressional Record - Senate, 99th Cong. 1st
Session,  Volume 131 No. 106, Part 2, 131 Cong. Rec. S. 11008 citing The
Experiments of Dr. D. Ewen Cameron, Washington Post July 28, 1985

    "A CIA CHEMIST, SIDNEY GOTTLIEB, SUPERVISED THE MKULTRA PROJECT FROM
WITHIN THE AGENCY, DOCUMENTS SHOW. A CIA DOCTOR, LT. COL. JAMES L. MONROE,
WORKED UNDERCOVER AND RAN THE SOCIETY FOR THE INVESTIGATION OF HUMAN ECOLOGY,
THE ORGANIZATION THAT CHANNELED MONEY TO CAMERON AND THE ALLAN INSTITUTE".
Congressional Record - Senate, 99th Cong. 1st Session,  Volume 131 No. 106,
Part 2, 131 Cong. Rec. S. 11008 citing The Experiments of Dr. D. Ewen
Cameron, Washington Post July 28, 1985.

    "DURING THE WAR, CAMERON WAS PART OF AN INTERNATIONAL COMMITTEE OF
PSYCHIATRISTS AND SOCIAL SCIENTISTS WHO STUDIED THE ORIGINS AND NATURE OF
NAZI CULTURE. HE PUBLISHED NUMEROUS ARTICLES ON MASS PSYCHOLOGY DURING
WARTIME".   Congressional Record - Senate, 99th Cong. 1st Session,  Volume
131 No. 106, Part 2, 131 Cong. Rec. S. 11008 quoting The Experiments of Dr.
D. Ewen Cameron, Washington Post July 28, 1985.

    "TO ERASE OR 'DE-PATTERN' PERSONALITY TRAITS, CAMERON GAVE HIS SUBJECTS
MEGADOSES OF LSD, SUBJECTED THEM TO DRUG-INDUCED "SLEEP THERAPY" FOR UP TO 65
CONSECUTIVE DAYS AND APPLIED ELECTROSHOCK THERAPY AT 75 TIMES THE USUAL
INTENSITY. TO SHAPE NEW BEHAVIOR, CAMERON FORCED THEM TO LISTEN TO REPEATED
RECORDED MESSAGES FOR 16-HOUR INTERVALS, A TECHNIQUE KNOWN AS 'PSYCHIC
DRIVING,'
CAMERON AND THE CIA WERE INTERESTED IN BRAINWASHING AND THE ABILITY TO
REDIRECT THOUGHT AND ACTION. THE PATIENTS DID NOT CONSENT TO THE TREATMENT
AND WERE NEVER TOLD THEY WERE BEING USED FOR RESEARCH". Congressional Record
- Senate, 99th Cong. 1st Session,  Volume 131 No. 106, Part 2, 131 Cong. Rec.
S. 11008 quoting The Experiments of Dr. D. Ewen Cameron, Washington Post July
28, 1985

    "CAMERON, WHO DIED OF A HEART ATTACK WHILE MOUNTAIN CLIMBING IN 1967, HAD
BEEN ONE OF THE MOST PROMINENT PSYCHIATRISTS IN NORTH AMERICA. A FORMER
PRESIDENT OF BOTH THE CANADIAN AND AMERICAN PSYCHIATRIC ASSOCIATION, HE WAS
SELECTED TO DIAGNOSE NAZI FIGURES, INCLUDING RUDOLF HESS, DURING THE
NUREMBERG TRIALS. (HE DECLARED HESS SANE.) BUT FOR HIS WORK ON BRAINWASHING
AND MIND CONTROL, CRITICS HAVE CALLED HIM A 'MAD SCIENTIST'." Congressional
Record - Senate, 99th Cong. 1st Session,  Volume 131 No. 106, Part 2, 131
Cong. Rec. S. 11008 citing The Experiments of Dr. D. Ewen Cameron, Washington
Post July 28, 1985

In 1955, the CIA set up a secret front organization, known as the Society for
the Investigation of Human Ecology (SIHE), to fund further studies in mind
control. CIA employee, Dr. John Gittinger and Dr. Wolff from Cornell,
assisted in the program formation. Approximately a year later, Dr. Gittinger
read an article, published in the American Journal of Psychiatry, written by
Dr.  Ewen Cameron from the Allan Memorial Institute of Psychiatry, and
entitled Psychic Driving.

    The technique involved the playback of a significant statement made by
the patient though the use of a continuous loop tape recorder. Certain
methods were utilized to reduce defense mechanisms and  "depattern" behavior.
These techniques were later detailed in an application for
research funds submitted to the SIHE. They included the use of "particularly
intensive" electroconvulsive shock, sensory isolation, and drug induced
continuous sleep for many days using megadoses of LSD-25. Orlikow v United
States, 682 F Supp 77, 82  ( DC 1988).

The court acknowledged: " Curiously, often a classic manifestation of people
who are afflicted with certain psychotic disorders is the irrational fear
that the CIA and FBI is conspiring to harm them. In this case,  the CIA
involvement is real and the covert nature of the involvement is not
contested". Orlikow v United States, 682 F Supp. 77, 94 (D.C. 1988).

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