### Hamline Journal of Public Law and Policy

Volume II Fall 1990 Number 2

## ANATOMY OF A PUBLIC INTEREST CASE AGAINST THE CIA *

Joseph L. Rauh, Jr.** and James C. Turner ***

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Table of Contents

> Foreword

> I. HOW A PUBLIC INTEREST CASE BEGINS

> II. INVESTIGATION OF THE LAW

> III. INVESTIGATION OF THE FACTS
> A. Genesis of the MKULTRA Program and the CIA's Negligence in the Death of Dr. Frank Olson.
> B. CIA Negligence in the Funding of the Montreal Experiments
> C. CIA Negligent Funding of Experiments on Unwitting Victims

> IV. DECIDING TO TAKE A PUBLIC INTEREST CASE
> A. Defining a "Public Interest"
> B. Assessing the Importance of a Public Interest
> C. "Winability"
> D. Affordability

> V. EFFORT TO SETTLE BEFORE SUIT

> VI. PREPARATION OF COMPLAINT
> A. Pleading Facts Consistent with Coverage of the Tort Claims Act
> B. Developing Factual Evidence Corroborating Plaintiffs' Claims

> VII. DILEMMA WITH A JUDGE WHO WON'T DECIDE

> VIII. DISCOVERY AGAINST THE CIA
> A. CIA Concealment of the Facts
> B. Additional Facts from Discovery and Trial Preparation Underscore CIA Negligence
> 1. New Evidence about the Olson Death
> 2. New Evidence of CIA Negligence in its Relation to Cameron
> 3. New Evidence of CIA Negligence in Failing to Ensure Safety and Consent of Subjects
> 4. New Evidence -- Expert Evaluations of the Damaging Effects of Cameron's Experimentation upon Plaintiffs
> 5. New Evidence -- CIA Admissions of Culpability

> IX. EFFORTS AT SETTLEMENT WHILE DISCOVERY PLODS ON

> X. GOVERNMENT STALLING TACTICS ABETTED BY A SLOW JUDGE

> XI. CIA PRESSURE ON THE CANADIAN GOVERNMENT

> XII. SUMMARY JUDGMENT DENIED -- TRIAL PLANS
> A. The CIA Effort to Prevent Trial
> B. The CIA Retools its Case
> C. The Final Case of the CIA's Canadian Victims

> XIII. CONFRONTING A PUBLIC INTEREST DILEMMA -- TRIAL OR SETTLEMENT

> An Afterword

> ___________
> * © Copyright 1990 Hamline Journal of Public Law and Policy; Joseph L. Rauh, Jr. and James C. Turner. All rights reserved. The views expressed herein are those of the authors, who write solely in their personal capacity, not on behalf of any private or public entity. Suggested citation, II Hamline Journal of Public Law and Policy 307 (Fall 1990).

> ** B.S., 1932, magna cum laude, Harvard College; L.L.B., 1935, magna cum laude, Harvard Law School. 1935-42, Law Secretary to Mr. Justice Banjamin N. Cardozo and Mr. Justice Felix Frankfurter; Counsel to the Securities and Exchange Commission, Department of Labor, Federal Communications Commission, Lend-Lease Administration, and Office of Emergency Management. 1942-45, Served on General MacArthur's Staff in the United States Army in Southwest Pacific Area. Awarded Legion of Merit and Philippine Distinguished Service Star. 1946, General Deputy Housing Expediter. 1947-87, private practice of law in Washington, D.C.

> *** Legal counsel to the United States House of Representatives Committee on Government Operations, Legislation & National Security Subcommittee. B.A., 1975, Cornell University; J.D. 1979, Catholic University of America. 1975-79, staff, United States Senate Select Committee to Study Governmental Operations with Respect to Intelligence Activities [the "Church" Committee]; United States Department of Agriculture, Office of Personnel, Equal Employment Section; United States Deptement of Transportation, Office for Civil Rights. 1979-80, legal counsel, Interstate Commerce Commission, Office of General Counsel. 1980-90, private practice of law in Washington, D.C.

> Orginial Source