-Caveat Lector-
---------- Forwarded message ----------
Date: Wed, 28 Feb 2001 09:38:37 +0200
From: Yair Davidi <[EMAIL PROTECTED]>
To: [EMAIL PROTECTED]
Subject: Israeli Who Spied for CIA
Date: Tue, 27 Feb 2001 18:47:02 -0500
From: [EMAIL PROTECTED]
To: [EMAIL PROTECTED]
Subject: Israeli Who Spied for CIA Loses Breach of Contract Suit
- Likud politician gave CIA information on Pollard,
nuclear weapons and use of US funds by Israel
Israeli Who Spied for CIA Loses Breach of Contract Suit - Likud
politician gave CIA information on Pollard, nuclear weapons and
use of US funds by Israel
By Michael A. Riccardi
New York Law Journal
February 27 2001
http://www6.law.com/ny/stories/01/02/022701a3.shtml
[IMRA note: This story, which "levels the playing field", should
certainly make it easier for Jonathan Pollard to be freed.]
A former Israeli politician who provided intelligence for the
U.S. Central Intelligence Agency cannot use the courts to enforce
promises of pension, health benefits and automatic American
citizenship made by the espionage agency, an Eastern District has
ruled.
Under a 125-year-old precedent, U.S. District Judge I. Leo
Glasser said, secret information agreements to which a United
States government agency is a party cannot be enforced in the
courts for public policy reasons. Judge Glasser explained that
the need for confidentiality in the exchange of secret
information justifies a broad exclusion of these cases from the
courts.
In Kielczynski v. United States Central Intelligence Agency, 00
CV 539, the plaintiff, who had been a politician in the
conservative Likud Party, said he was entitled to a stay of
deportation proceedings based on a guarantee made by the CIA when
he agreed to work as a spy for the United States. Andrzej
Kielczynski, who also used the name Joseph Barak, also said that
he was entitled to a monthly payment for his retirement and
health benefits, claiming that he suffered the onset of diabetes
as the result of stress induced by his work for the CIA.
Mr. Kielczynski said that he provided intelligence to the U.S.
government from 1985 through 1991, including information on the
espionage activities of Jonathan Pollard, a U.S. citizen who
spied for Israel. He also said he provided information on the
placement of Israeli nuclear weapons and the Israeli government's
use of financial aid sent by the United States.
The agency, Mr. Kielczynski alleged, reneged on the agreements it
made in 1985 when it recruited him. In 1991, when he became too
ill to work anymore, he said that he was coerced into signing a
document recognizing that he was paid $50,000 for the treatment
of his disease.
Furthermore, in 1998, when the plaintiff sought political asylum
in the United States, he was placed in deportation proceedings.
Dismissal Sought
The federal government asked Judge Glasser to dismiss the lawsuit
on the pleadings, arguing that the secrecy required in the work
of the CIA precluded any breach of contract lawsuit.
Generally, when the federal government enters into a contract
with a private individual, it waives its sovereign immunity and
can be sued for breach of the agreement.
But under Totten v. United States, 92 U.S. 105 (1875), Mr.
Kielczynski's action is barred because its litigation could
jeopardize confidential information.
Moreover, the plaintiff has made no allegations of
unconstitutional action or deprivation of due process by the CIA
in its alleged termination of the contract, Judge Glasser said.
The court, in dicta, said that the Totten doctrine may be unfair
or outdated. But there is no question that it applies in Mr.
Kielczynski's case, Judge Glasser said.
"As sympathetic as the court may be for this class of persons
[foreign nationals who are former spies] who, as a result of
Totten, are left with no way of enforcing the CIA's purported
guarantees of financial and personal security," Judge Glasser
wrote, "the fact remains that Totten is binding law."
The court added that Mr. Kielczynski cannot take the position
that an unlawful termination of a contract is the same as
deprivation of a property right without due process.
When alleged due process rights "are alleged to emerge directly
from a contract, the consideration of which is foreclosed by
law," the case must be dismissed, the court concluded.
Mr. Kielczynski's attorney was Janusz Andrzejewski of Manhattan.
Assistant U.S. Attorney Sandra L. Levy handled the case for the
federal government.
--------------------------------------------
IMRA - Independent Media Review and Analysis
Website: www.imra.org.il
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Kadosh, Kadosh, Kadosh, YHVH, TZEVAOT
FROM THE DESK OF:
*Michael Spitzer* <[EMAIL PROTECTED]>
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