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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

P O BOX 540

BROOKFIELD, CT 06804-0540


Tel. (203) 740-0074

Fax (203) 740-1171


COPYRIGHT (c) 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 ATTYMCG@aol.com. The author
is not responsible for alterations to this document from its original form by
unauthorized parties.


I. MKULTRA AND THE CIA VS.
SIMS CASE


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 accessed for free by typing in “471 US 159″


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


On August 22, 1977, John C.
Sims, an attorney, and Sidney M. Wolfe, M.D., the director of the Public
Citizen Health Research Group, filed a request with the Central Intelligence
Agency seeking certain information about MKULTRA. Invoking the Freedom of
Information Act (FOIA), 5 U.S.C. ß 552, Sims and Wolfe sought the grant
proposals and contracts awarded under the MKULTRA program and the names of the
institutions and individuals that had performed research.


149 SUBPROJECTS / 80
INSTITUTIONS / 185 PRIVATE RESEARCHERS


“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.


“MKULTRA was established to
counter perceived Soviet and Chinese advances in brainwashing and interrogation
techniques. Over the years the program included various medical and
psychological experiments, some of which led to untoward results. These aspects
of MKULTRA surfaced publicly during the 1970′s and became the subject of
executive and congressional investigations”. Id. 162.


“MKULTRA began with a proposal
from Richard Helms, then the Agency’s Assistant Deputy Director for Plans.
Helms outlined a special funding mechanism for highly sensitive Agency research
and development projects that would study the use of biological and chemical
materials in altering human behavior. MKULTRA was approved by Allen Dulles,
then the Director of Central Intelligence, on April 13, 1953″. Id. p. 162,
fn.1.


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]


UNWITTING HUMAN SUBJECTS


“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, ß 2.10, 3 CFR
213 (1982)”. Id. p. 162, fn.2.


THE 1973 RECORDS DESTRUCTION


“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.


59 INSTITUTIONS DISCLOSED/
OTHERS REMAIN SECRET


“The Agency tried to contact
each institution involved in MKULTRA to ask permission to disclose its
identity; it released the names of the 59 institutions that had consented.
Evidently, the Agency made no parallel effort to contact the 185 individual
researchers”. Id. p. 163, fn.7.


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.


II. UNITED STATES VS STANLEY


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. ß 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.


* The legal ruling in Stanley


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. Its first
principle was:


“1. The voluntary consent of
the human subject is absolutely essential. “The duty and responsibility for
ascertaining the quality of the consent rests upon each individual who
initiates, directs or engages in the experiment. It is a personal duty and
responsibility which may not be delegated to another with impunity.” United
States v. Brandt (The Medical Case), 2 Trials of War Criminals Before the
Nuremberg Military Tribunals Under Control Council Law No. 10, pp. 181-182
(1949) The United States military developed the Code, which applies to all
citizens – soldiers as well as civilians. US v Stanley, 483 US at 688 (1987).


The Army recognized the moral
and legal implications of its conduct. In a 1959 Staff Study, the United States
Army Intelligence Corps (USAINTC) discussed its covert administration of LSD to
soldiers:


“`It was always a tenet of
Army Intelligence that the basic American principle of dignity and welfare of
the individual will not be violated. . . . In intelligence, the stakes involved
and the interests of national security may permit a more tolerant interpretation
of moral-ethical values, but not legal limits, through necessity. . . . Any
claim against the U.S. Government for alleged injury due to EA 1729 [LSD] must
be legally shown to have been due to the material. Proper security and
appropriate operational techniques can protect the fact of employment of EA
1729.’” Id., at 416-417 (quoting USAINTC Staff Study, Material Testing Program
EA 1729, p. 26 (Oct. 15, 1959)). That is, legal liability could be avoided by
covering up the LSD experiments.


* Justice O’Connor’s separate
dissent – Nuremberg revisited


Justice O’Connor dissented in
part: “No judicially crafted rule should insulate from liability the
involuntary and unknowing human experimentation alleged to have occurred in
this case. Indeed, as JUSTICE BRENNAN observes, the United States military
played an instrumental role in the criminal prosecution of Nazi officials who
experimented with human subjects during the Second World War, ante, at 687, and
the standards that the Nuremberg Military Tribunals developed to judge the
behavior of the defendants stated that the “voluntary consent of the human
subject is absolutely essential . . . to satisfy moral, ethical and legal
concepts.” United States v. Brandt (The Medical Case), 2 Trials of War
Criminals Before the Nuremberg Military Tribunals Under Control Council Law No.
10, p. 181 (1949). If this principle is violated the very least that society
can do is to see that the victims are compensated, as best they can be, by the
perpetrators. I am prepared to say that our Constitution’s promise of due
process of law guarantees this much. Accordingly, I would permit James
Stanley’s Bivens action to go forward, and I therefore dissent”.


How many people? Stanley may
have been one of 1,000 used in this project/subproject


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.


This figure differs vastly
from the 16 unwitting subjects the CIA identified as having been dosed with LSD
in the United States. The CIA did not identify anyone subject to overseas
testing.


* Massive exposure to
radiation – estimated 250,000 military personnel


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.


III. ORLIKOW VS UNITED STATES
– CIA SETTLEMENT OF SOME CLAIMS


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.


* What the Senate
Congressional Record says of the CIA funded experiments conducted by Cameron
under MKULTRA


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


* The Legal Case of Orlikow vs
United States


The nine plaintiff’s filed a
case in the U.S. District Court for the District of Columbia.This case is also
described in Psychiatry and the CIA: Victims of Mind Control by Harvey M.
Weinstein, M.D., American Psychiatric Press, Inc. (1990). Harvey Weinstein, a
psychiatrist, is the son of Cameron victim, Louis Weinstein.


The Court’s opinion states:
the CIA operated its covert research code named MKULTRA between 1953 and 1966.
An initial CIA memoradum dated April 3, 1953 reads:


“Aside from the offensive
potential, the development of a comprehensive capability in this field of
covert chemical and biological warfare gives us thorough knowledge of the
enemy’s theoretical potential thus enabling us to defend ourselves against a
foe who might not be as restrained in the use of these techniques as we are.”
Orlikow v United States, 682 F Supp 77, 80 ( DC 1988)


The memorandum refers to two
“well-defined” fields of endeavor earmarked by the CIA. The first is listed as
research to develop a capability in the covert use of biological and chemical
materials. The second field, although cited to in the memorandum was erased
from the exhibit. See, C.I.A. v. Sims, 471 U.S. 159, 105 S. Ct. 1881, 85 L. Ed.
2d 173 (1985).


* The Gateway and Psychic
Driving


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).


Dr. Cameron characterized his
work as the “gateway through which he might pass to a new field of
psychotherapeutic methods.” Psychic Driving, 112 Am. J. Psy. 502 (January,
1956).


* The 2 year statute of
limitation barred one claim in Orlikow


In Orlikow the CIA challenged
the claims of the nine plaintiff as all being untimely. The statute of
limitations provides that a Federal Tort Claim must be filed within two year of
when a cause of action accrues. The statute can be tolled (stopped from
running) if there is fraudulent concealment of a claim, but it will begin to
run again if the plaintiff could have discovered his cause of action with due
diligence.


Although the CIA funding was
undisclosed for many years and many key records destroyed in 1973, the CIA
argued that the experiments came to light when a book by John Marks, The Search
for the Manchurian Candidate (W.W. Norton & Co.: New York), was published
in 1979 and various other articles were subsequently published in newspapers
and journals. For clarity in analyzing the significance of this in relation to
each plaintiff the Court provided a list of each plaintiff’s filing date:


Name Date of actual notice
Date of filing


Mr. Page
February 9, 1979 March 14, 1980

Mr. Logie February 12, 1979 March 14, 1980

Mrs. Huard March, 1980 Nov. 25, 1980

Mrs. Stadler March 11, 1980 Nov. 25, 1980

Mrs. Zimmerman June 10, 1982 Feb. 4, 1983

Mrs. Langleben June 10, 1982 Feb. 4, 1983

Mr. Weinstein August, 1980 Feb. 4, 1983

Dr. Morrow Summer 1977 March 25, 1981


The claim of the ninth
plaintiff, Mrs. Orlikow, was not challenged as untimely by the CIA.


* John Mark’s, The Search for
the “Manchurian Candidate”


The CIA claimed that the
plaintiff’s should have known of their claims as of 1979 when John Mark’s book,
The Search for The Manchurian Candidate was published.


* Louis Weinstein’s claim and
John Mark’s book


When Louis Weinstein, a
prosperous Montreal businessman, entered Dr. Cameron’s care he was suffering
from anxiety manifested by certain physical ailments. He was left physically
and mentally impaired after “treatment”. An affidavit executed by Dr. Harvey
Weinstein, plaintiff’s son who is a psychiatrist, states that his father
received LSD, various unmarketed experimental drugs, 65 electroconvulsive
shocks, drug induced sleep for 54 days and sensory deprivation along with
psychic driving. In his medical opinion his father suffers from chronic organic
brain syndrome as a direct consequence of Cameron’s treatment.


This is what Louis Weinstein –
a vicitm of Cameron – had to say about his discovery concerning the experiments
when questioned by CIA lawyers during his deposition:


Q. When you first learned
about the Marks book, what was you reaction?


A. Well, I read it. I was,
what you say stupefied, unbelievable, couldn’t believe a thing like that
happened.


That they allowed a thing like
that to happen. . .


Q. . . . I asked you why you
were unable to act on that knowledge until late 1982. I asked why you were
unable to act as you said. . .


A. Because I couldn’t make up
my mind. I couldn’t believe what I had read. I couldn’t believe it’s possible.
(Weinstein deposition page 80).


Fortunately the court held
that Louis Weinstein’s claim was timely and denied the CIA request to grant
summary judgment in favor of the CIA on his claim.


The CIA also relied on other
articles and television programs in Canada a television program on February,
1979, Fifth Estate television program on March 11, 1980, Quebec Science article
on March, 1980, Saturday Night article on June, 1979, MacLean’s Magazine
article on February 12, 1979, Montreal Star newspaper article on January 29,
1979, Montreal Gazette newspaper article on July 26, 1979, September 11, 1979
and December 12, 1980. CIA asserts that at least 25 articles were written about
Dr. Cameron and his funding by the CIA prior to January 1, 1981. The court
held, however, that “newspaper articles containing allegations do not
necessarily place citizens on notice when there is no evidence that these
articles were read”. Fortunately the Court did not hold that the publications
triggered the running of the statute of limitations. Instead it looked at when
each plaintiff had actual notice of their claim. Orlikow v United States, 682 F
Supp 77 (D.C. 1988).


* The foreign country
exception to the waiver of immunity did not apply


In the legal case stemming
from Dr. Ewen Cameron’s “Psychic Driving” experiments at the Allan Memorial
Institute, the U.S. District Court for the District of Columbia in Orlikow v
United States, 682 F Supp 77 ( DC 1988) held that the Central Intelligence
Agency (CIA) was not entitled to summary judgment against negligence claims of
persons subjected unwittingly to drug and other psychic experimentation funded
by CIA in 1950s, even though injuries suffered from such human experimentation
undeniably occurred in Canada, because the “foreign country exception” to
federal tort liability under 28 USCS ß 2680(k) does not exempt United States
from liability for acts or omissions, such as negligent funding and supervision
of experiments, which occurred here but had their operative effect in another
country. Orlikow v United States, 682 F Supp 77 (D.C. 1988).


* Psychosis versus reality


In deciding the statute of
limitation issue the court had to consider whether the Plaintiff’s should or
did know of the facts when it is obvious the plaintiffs were diagnosed as
suffering from various types of mental dysfunctions even before their
“treatment” and allegedly were in varying degrees of mental impairment
thereafter.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).


* The end result of Orlikow –
1988 settlement


The CIA stonewalled and
despite pleas by Senate members to settle the claims, the suit dragged on for
years settling in 1988 for the relatively modest sum of $750,000.00, split
among the remaining eight plaintiffs ( The Court held Morrow’s claim filed in
March 1981 was time barred).


IV. UNITED STATES VS STANLEY
GLICKMAN – an artist in Paris


You can read the entire
opinion in the Glickman/Kronisch case for free by using the following URL: http://www.tourolaw.edu


Performing a search in the
USCOA link using “Kronisch”, you should hit on the Second Circuit’s 1998
opinion.


In Kronisch v. United States,
150 F.3d 112, 116 (2d Cir. 1998), the executrix of the estate of Stanley
Glickman (“Glickman”), by his sister Gloria Kronisch prosecuted a civil suit
under the Federal Tort Claims Act alleging that Glickman had been an unwitting
participant in a CIA-funded experiment in the 1950s. Glickman had died in 1992.
Glickman brought suit against the United States of America and two officials of
the Central Intelligence Agency (the “CIA”), Sidney Gottlieb and Richard Helms,
alleging that he was one of the victims of the CIA’s program to test the
effects of mind-altering drugs, including lysergic acid diethylamide (“LSD”),
on unwitting subjects beginning in the early 1950s. Glickman claims that
Gottlieb or some other agent of the United States government placed LSD in his
drink in a Paris cafe in October 1952.


In order to meet the perceived
threat to national security, substantial programs for the testing and use of
chemical and biological agents–including projects involving the surreptitious
administration of LSD to unwitting nonvolunteer subjects at all social levels,
high and low, native American and foreign–were conceived, and implemented.
These programs resulted in substantial violations of the rights of individuals
within the United States.


In 1975, the Select Committee
to Study Governmental Operations with Respect to Intelligence Activities (“the
Church Committee”) held hearings to investigate the CIA’s testing and use of
chemical and biological agents. See id. The Church Committee’s final report,
published in 1976, stated that during late 1940s and early 1950s, “substantial
programs for the testing and use of chemical and biological agents – including projects
involving the surreptitious administration of LSD to unwitting nonvolunteer
subjects . . . were conceived, and implemented. These programs resulted in
substantial violations of the rights of individuals within the United States.”
Id. at 117.


Glickman filed an
administrative claim with the CIA on December 22, 1981 and then brought suit in
March of 1983 following the CIA’s denial of his claim. The record indicated,
however, that Glickman had watched the hearings before the Subcommittee on
Health and Scientific Research of the Senate Committee on Human Resources (“the
Kennedy Committee Hearings”) in 1977, and that after watching the Kennedy
Committee Hearings, he realized that he had been a victim of CIA experiments in
1952. See id. at 121. In response to the hearings, Glickman made a Freedom of
Information Act request to the CIA for any documents under his name because he
believed that he had been part of the LSD tests. See id. Glickman also wrote
letters to Senator Kennedy on October 11, 1977 and on January 28, 1978 urging
him to identify the victims of the experiments. See id. at 121-22.


Taking these facts into
account, the court held that Glickman’s claim accrued no later than January 28,
1978, the date of his second letter to Senator Kennedy. See id. at 122. The
court did not, however, imply that the Church Committee Report had any bearing
on when the statute of limitations on Glickman’s cause of action began to run.
Rather, it was not until Glickman saw the Kennedy Committee hearings, requested
documents from the CIA, and wrote two letters to Senator Kennedy that the
statute of limitations began to run. Moreover, Glickman admitted that he first
realized his participation in the study as early as 1977. See id. at 121.


The US Court of Appeals for
the Second Circuit dismissed Glickman’s claims against the United States and
Richard Helms as time barred. They allowed the individual “Bivens” claim
against Sidney Gottlieb to be remanded for trial since this claim was timely. A
three year (rather than two year statute of limitations applied to this claim).
This claim survived because the Court held Glickman did not realize the direct
link to Gottlieb until 1981. Here is what the court said:


“Our analysis differs,
however, with respect to plaintiff’s claim that Gottlieb himself was the person
who laced Glickman’s drink with LSD. Although plaintiff knew in 1977 that
Gottlieb headed the CIA’s drug testing program, he only first came to believe
that Gottlieb himself was the man who gave him the drink in the Cafe Select
when Corren (Glickman’s friend) asked him, upon returning from Washington in
April 1981, whether any of the men in the cafe had a clubfoot. Plaintiff
alleges that he then recalled that the man who gave him the drink was indeed
clubfooted–a characteristic, Corren informed him, that was shared by Gottlieb.
To the extent that plaintiff’s Bivens claims are based on the allegation that
he was drugged by somebody connected with the CIA–pursuant to a program
installed and executed by Helms and Gottlieb–plaintiff was clearly on notice of
these claims. However, it is less clear–and, we believe, a question for the
jury–whether plaintiff should have been able, through the exercise of due
diligence, to plausibly connect Gottlieb to the man in the cafe prior to being
told by Corren that Gottlieb had a clubfoot. Kronisch v US, at 150 F.3d 129
(1998).


* Gottlieb’s clubbed foot


Gottlieb was the Chief of the
Chemical Division of the Technical Service Division (TSD). The CIA tried to
argue that Glickman should have known in by 1979 about Gottlieb’s clubfoot, if
he exercised reasonably diligence, because that was the year John Mark’s book
The Search for the Manchurian Candidate (W.W. Norton & Co.; New York) was
published. The CIA claimed that the book discussed Gottlieb’s clubbed foot. The
Court was at least unpersuaded by this argument.


* What the opinion says about
Gottlieb, George White and Harold Abramson


Gottlieb admits that he made
approximately six trips to New York in 1952, and that he “visited George White
on two or three occasions in 1952 to discuss his becoming a consultant for the
CIA in LSD research.” Gottlieb Declaration P4. White, a Bureau of Narcotics
Agent, conducted LSD tests on unsuspecting persons in New York, including one
experiment in which he gave LSD to a group of his friends in his New York
apartment in November 1952. The record also reflects that beginning in June
1953, White covertly administered LSD to people in New York with whom he came
into contact in his role as a narcotics agent. Gottlieb testified before the
Kennedy Committee that White may have conducted his tests on one or more occasions
by administering the drug to an unsuspecting person in a bar.


Apart from his contacts with
White, Gottlieb also declared that he may have visited Dr. Harold Abramson, a
physician who later became an MKULTRA consultant, in New York in 1952. See Gottlieb
Declaration P 4. According to Gottlieb, “Dr. Abramson may have been engaged in
LSD research in 1952 sponsored by TSD, or in which TSD was interested, and if
so, I would have had contacts with him about the progress of his research.” Id.
White and Abramson, in Gottlieb’s words, “regularly reported the results” of
their research to him. Id. Finally, Gottlieb and others within TSD
self-administered LSD during 1951-1953, and Gottlieb “believes that one or more
of these administrations took place in a New York City hotel room and . . .
that Dr. Abramson may have been present during one of these administrations,”
although he could “not recall specifically if any self-administrations took
place in New York in 1952.” Id. P 5.


* George White and the CIA’s
Safehouses


White’s project was aimed at
the administration of LSD to totally unwitting persons, and may have included,
according to Gottlieb’s testimony before the Kennedy Committee, administration
to an unwitting person in a New York bar on one or more occasions. In the words
of the Church Committee Report, the administration of LSD to “unwitting
nonvolunteer subjects in normal life settings by undercover officers of the
Bureau of Narcotics” was important to the CIA because the “testing of materials
under accepted scientific procedures fails to disclose the full pattern of
reactions and attributions that may occur in operational situations.” Church
Committee Report at 391 (internal quotation marks and citation omitted).


More information on the New
York and San Francisco safehouses is contained in the record of the 1977
Kennedy Committee hearing, Project Mkultra, The CIA’s Program of Research
Behavior Modification; Joint Hearings Before the Select Committee on
Intelligence and the Subcommittee on Health and Scientific Research of the
Committee on Human Resources United States Senate, 95th Congress, 1st Session,
August 3, 1977 at pages 54-57.


V. HEINRICH VS WILLIAM SWEET,
et al – BORON RADIATION EXPERIMENTS


Heinrich, et al vs William H.
Sweet, the Estate of Lee Edward Farr, Massachusetts General Hospital,
Associated Universities, Inc., MIT, and the USA, 44 F. Supp. 2d 408; 1999 U.S.
Dist. Lexis 5796. The Heinrich case is a class action suit filed in 1997 in the
U.S. District Court for the District of Massachusetts on behalf of three
deceased individuals by surviving family members. The complaint alleges that
during the 1950s and 1960s, the defendants conducted boron radiation
experiments on the decedents — who suffered from terminal brain cancer — with
the knowledge that such experiments offered no therapeutic value to the
decedents.


The federal court rendered a
recent decision on April 20, 1999 rejecting the government’s contention that
the claims were time barred. The decedents had been treated by Dr. William H.
Sweet at MIT and at Dr. Lee Edward Farr at Brookhaven National Laboratory in
Upton, New York – a nuclear research center operated by the Associated
Universities, Inc. and owned by the U.S. Atomic Energy Commission. As a
supposed treatment for brain tumor, the decedent’s were unwittingly injected
with boron and their skulls irradiated. All suffered excruciating pain and
died.


In the 1960s, Dr. Sweet and
other physicians wrote articles and reports about the failure of the BNCT
experiments. These articles and reports indicated that the experiments failed
because of inadequate scientific evidence regarding the nature of boron
distribution in the human body, inadequate scientific evidence regarding boron
chemistry, inadequate scientific evidence regarding the proper shape of a
neutron beam for BNCT, and the absence of requisite dosimetric equipment to
measure radiation. Furthermore, on September 16, 1982, Dr. Victor Bond (“Dr.
Bond”), Dr. Farr’s successor as head of the medical department at Brookhaven,
stated in an interview that:


The early experience was very
unfortunate . . . . Then they went beyond that. It wasn’t stopped until long
after it became evident it wasn’t working — that’s the criticism of it. Damage
was done to patients just as damage was done with the first external fast
neutron radiations, because radiobiology wasn’t that well understood. Heinrich
vs Sweet, et al, 44 F. Supp. 2d 417, 1999 U.S. Dist. LEXIS 5824 (1999).


The plaintiffs successfully
argue that they could not reasonably have known about the connection between
the injury and BNCT until 1995, when the President’s Advisory Committee on
Human Radiation Experiments disclosed the facts about the BNCT experiments. The
court found that reasonable diligence to discover the claims does not require plaintiffs
to scour medical journals such as The Journal of Neuropathology and
Experimental Neurology or The American Journal of Roentgenology: Radium Therapy
and Nuclear Medicine after their loved ones die of terminal brain cancer.


* The 1986 Markey Report


Years before the 1995 report,
in 1986, the United States House of Representatives Subcommittee on Energy
Conservation and Power prepared a report called “American Nuclear Guinea Pigs:
Three Decades of Radiation Experiments on U.S. Citizens” (“the Markey Report”).
See Def. Mem. The Markey report revealed the Commission’s “frequent and
systematic use of human subjects as guinea pigs for radiation experiments”
between the 1940s and the 1970s “which provided little or no medical benefit to
the subjects.” Id. The Markey Report specifically mentioned that Mass General
conducted experiments between 1953 and 1957. The Court held that the earlier
release of the Markey report did not bar these plaintiff’s claims because the
boron experiments were conducted in different years than those disclosed in the
Markey report. The Court stated: “the discovery rule does not require every
potential claimant to examine every document that he or she has the legal power
to examine.”


* The Heinrich case today


Since the government’s motion
to dismiss the case was denied, the case will continue to be litigated in the
U.S. District Court in Massachusetts – Civil Action No. 97-12134 WGY.


VI. HYPNOSIS UPDATE- THE MAN
WHO HAS MANIPULATED THE LEGAL SYSTEM ON THE STATE OF THE LAW AND HYPNOSIS


ORNE, MARTIN THEODORE,
research psychiatrist, psychologist; b. Vienna, Austria, October 16, 1927; s.
Frank Edward and Martha (Brunner) O.; m. Emily Farrell Carota, Feb. 3, 1962.
A.B. Harvard U., 1948, A.M., 1951, Ph.D., 1958; M.D. Tufts U., 1955; D.Sc. (Hon.)
John F. Kennedy U., 1980. Pvt. Practice psychiatry; Boston, 1959-64, Phila.,
1964– lectr. Grad. Sch. Arts and Scis., Harvard U., 1958-59, instr. 1959-62,
asso. in psychiatry, 1962-64; asso. prof. Psychiatry U. Pa. Med. Sch. 1964-67,
prof., 1967– dir. studies in hypnosis project Mass. Mental Health Center,
Boston, 1960-64; dir. unit for experimental Inst. Of Pa. Hosp., Phila., 1964–,
cons. VA Hosp, Phila., 1971–; Mem. NIMH study sect.., Washington, 1966-74, 80-;
exec. dir. Inst. Exptl. Psychiatry, Boston, 1961–, Editor:Internat. Jour. of
Clinical and Experimental Hypnosis, 1964–, (with R.E. Shor) The Nature of
Hypnosis:Selected Basic Readings, 1965; Contrbr. numerous articles, also chpts.
to sci. Books, publs, Served with AUS, 1945-47. Rantoul scholar, 1949-50;
Fulbright scholar, 1960. Fellow AAAS, AMA, Am. Psychiatrat. Assn., Am. Psychol.
Assn., Am. Soc. Clin. Hypnosis, N.Y. Acad. Sci., Soc. Clin. And Exptl. Hypnosis
(pres. 1971-73); mem. Assn. Psychophysiol. Study Sleep, Biofeedback Research
Soc., Am. Psychosomatic Soc., Internat. Soc. Hypnosis (pres. 1976-79), Psychat.
Research Soc., soc. Psychophysiol. Research, Soc. Psychotherapy Research Soc.,
Soc. Psychophysiol. Research, Soc. Pyschotherapy Research, Royal Soc. Medicine
(hon..). Home: 290 Sycamore Ave., Merion Station PA 19066 Office: 111 N. 49th
St Philadelphia PA 19139.


WHO’S WHO IN AMERICA, 43rd ed.
1984-1985, Vol. 2.


Orne is now on the scientific
advisory board of the False Memory Syndrome Foundation, a Philadelphia based
organization which advocates the interests of those accused of child sexual
abuse and sexual assault. Orne is also among many on the Editorial Advisory
Board of Cultic Studies Journal: Psychological Manipulation and Society,
American Family Foundation.


HUMAN ECOLOGY/MKULTRA


Orne is listed above as the
director of studies in hypnosis project at Massachusetts Mental Health Center
in Boston from 1960-1964, the executive director of the Institute of
Experimental Psychiatry in Boston, 1961— and as a lecturer at Harvard from
1958-1959, an instructor at Harvard from 1959-1962 and as an associate in
psychiatry from 1962-1964.


In a chapter on the Society
for the Investigation of Human Ecology, in his book The Search for the
“Manchurian Candidate” (W.W. Norton and Company: New York), John Mark’s notes:


The Society demanded “no
stupid progress reports,” recalls psychologist and psychiatrist Martin Orne,
who received a grant to support his Harvard research on hypnotism . As a
further sign of generosity and trust, the Society gave Orne a follow-on $30,000
grant with no specified purpose. A 1962 report of Orne’s laboratory, the
Institute for Experimental Psychiatry, showed that it received two sizable
grants before the end of that year: $30,000 from Human Ecology and $30,000 from
Scientific Engineering Institute, another CIA front organization. Orne says he
was not aware of the latter group’s Agency connection at the time, but learned
of it later. He used its grant to study new ways of using the polygraph. The
Search for the “Manchurian Candidate”, John Marks, W. W. Norton & Company
1991, p.172-173.


The Society for the
Investigation of Human Ecology is listed among the private medical research
foundations funded by the CIA, initially under projects Bluebird and Artichoke,
which later became MKULTRA and MKDELTA. See, “Private Agencies Used in C.I.A.
Mind-Control Drive”, New York Times, p. 16, August 2, 1977. While Orne is not
named in the New York Times article, among those testing sites listed and
mapped in the New York Times, is Massachusetts Mental Health Center in Boston
where Orne was the director of studies on hypnosis from 1960-1964.


INSTITUTE FOR EXPERIMENTAL
PSYCHIATRY


Orne was the Executive
Director of the Institute for Experimental Psychiatry. The court record in the
U.S. Supreme Court case of CIA vs Sims, includes a partially redacted undated
memorandum in the Joint Appendix entitled “Memorandum for: Deputy Director for
Support; Subject: Institute for Experimental Psychiatry”. This CIA memorandum
on Orne’s Institute for Experimental Psychiatry discusses the flow of grant
funds through an intermediary to the “Institute”.


“We are convinced that our determination,
i.e., that the [Deleted] is not a university-related entity, is proper and
correct. We are of the further opinion that the flow of funds from the
[Deleted] through [Deleted] to the Institute does not put this relationship in
opposition to current Agency policy…”. CIA vs Sims, 471 U.S. 159, 85 L.Ed. 2d,
105 S.Ct. 1881 (1985) – Joint Appendix page 62.


MEMORANDUM FOR SUBPROJECT 84


On the MKULTRA institutional
notification list attached to Brief for Respondents In No. 83-1075 and Brief
for Petitioners in No. 83-1249, pp. 1a-10a, Harvard University, Cambridge
Massachusetts is listed next to subprojects 84 and 92.


John Mark’s states: “Martin
Orne’s work for the Agency was described in Subproject 84. He contributed a
chapter to the Society-funded book, The Manipulation of Human Behavior, edited
by Albert Biderman and Herbert Zimmer (New York: John Wiley & Sons; 1961),
pp. 169-215. Financial data on Orne’s Institute for Experimental Psychiatry
came from a filing with the Commonwealth of Massachusetts, Attachment to Form
1023″. Other contributors to this book include Lawrence Hinkle, M.D. of New
York Hospital-Cornell Medical Center. Hinkle was identified by the New York
Times, together with Dr. D. Ewen Cameron, Dr. Robert Hyde, Dr. Louis Jolyon
West, Dr. Harris Isbell, Dr. Harold Abramson, Dr. Carl Pieiffer and Dr. Charles
Geschikter as all being involved in CIA backed research under Bluebird,
Artichoke and MKULTRA.


Described as a “Teaching
Fellow, Department of Psychiatry, Harvard University Medical School”, Orne’s
chapter in The Manipulation of Human Behavior, is entitled “The potential uses
of hypnosis in interrogation” and indicates “this paper is based in part upon
work under a grant from the Society for the Investigation of Human Ecology,
Inc.”, p. 169.


The Joint Appendix in CIA vs
Sims, 471 U.S. 159, 85 L.Ed. 2d, 105 S.Ct. 1881 (1985), also contains the
following memorandum on subproject 84:


DRAFT [Deleted] 17 August 1960


MEMORANDUM FOR; THE RECORD

SUBJECT: Continuation of MKULTRA, Subproject 84


***


6. This project has been
handled to date in a Government Sterile fashion and none of the personnel at
[Deleted] have been witting of true sponsorship. It is contemplated that Dr.
[Deleted] will be made witting of the sponsorship and purpose on or about 1 September
1960 in order to guide his project along lines that will further Agency
operational needs.


/s/

[Deleted]

Chief

TSD/Research Branch


APPROVED FOR OBLIGATION

OF FUNDS:


Research Director

Date: 8-19-60

Attached:

Statement of Progress

Distribution:

Original only


Note, the date of this
memoradum which mentions the “continuation” of subproject 84 overlaps with the
period of time when Orne was the director of hypnosis studies at Massachusetts
Mental Health Center and when he was an instructor at Harvard.


According to the Kennedy
Committee report, there were 8 subprojects, including 2 involving hypnosis and
drugs in combination under MKULTRA.


VII. WHY IS THE REPRESSED
MEMORY AND ADMISSIBLITY OF POST HYPNOTIC TESTIMONY SO HOTLY DEBATED?


EXCERPTS FROM THE 1977 HEARINGS
QUESTIONING BY SENATOR RICHARD S. SCHWEIKER OF PENNSYLVANIA, ET AL


Re: TECHNOLOGICAL CREATION OF
AMNESIA AND BRAIN CONCUSSIONS


These excerpts are from:
Project MKULTRA, The CIA’s Program of Research in Behavioral Modification;
Joint Hearing Before the Select Committee on Intelligence and the Subcommittee
on Health and Scientific Research of the Committee on Human Resources, United
States Senate, 95th Congress, 1st Session August 3, 1977


Senator Richard S. Schweiker,
then Senator from Pennsylvania, sat on the both the Committee of Human
Resources and the Subcommittee on Health and Scientific Research


Senator Schweiker: The other
question I had relates to the development of something which has been called
the perfect concussion. A series of experiments toward that end were described
in the CIA documents. I wonder if you would just tell us what your
understanding of perfect concussion is.


Admiral Turner: Is that in my
testimony, sir, or in some other document?


Senator Schweiker: Subproject
54, MKULTRA, which involved examination of techniques to cause brain
concussions and amnesia by using weapons or sound waves to strike individuals
without giving warning and without leaving any clear physical marks. Someone
dubbed it “perfect concussion” — maybe that was poetic license on the part of
our staff rather than your poets over there. I wonder if you could just tell us
what brain concussion experiments were about?


Admiral Turner: This project,
No. 54, was canceled, and never carried out.


Senator Schweiker: Well, I do
believe the first year of the project in 1955 was carried out by the Office of
Naval Research, according to the information that you supplied us. The CIA
seems to have been participating in some way at that point, because the records
go on to say that the experimenter at ONR found out about CIA’s role,
discovered that it was a cover, and then the project was transferred to MKULTRA
in 1956. Again, this is all from the backup material you have given us. So, it
was canceled at some time. I am not disagreeing with that, but apparently for
at least a year or two, somebody was investigating the production of brain
concussions with special blackjacks, sound waves, and other methods as detailed
in the backup material.


Admiral Turner: The data
available to me is that this project was never funded by the CIA, but I will
double check that and furnish the information for the record for you as to
whether there was ever any connection here and if so, what the nature of the
work was.


[The material referred to
follows:]


Mr. Laubinger corrected his
testimony regarding Subproject 54 during the September 21, 1977 hearings before
the Subcommitee on Health and Scientific Research of the Human Resources
Committee. The relevant portion is reproduced below:


Mr. Laubinger: On Project 54,
it has got a rather sensational proposal in there, in terms of the work that
they propose to do, and you asked about the proposal and I said, in fact, it
was never funded under MKULTRA. Now, I overlooked — at least, my memory did not
serve me correctly when I went through that file folder to see one memorandum
dated January 10, 1956, which makes it quite clear, as a matter of fact, that
that proposal was based on prior work that was funded by the Agency.


Senator Schweiker: By what?


Mr. Laubinger: By the CIA. So,
that information was in their file folder. It did not happen to be in my head
when I testified.


Senator Schweiker: I think I
might have read you that, and that is why I argued at the time with you,
because I think I had in front of me, as I recall, some indication that it was
funded there. I did read that to you. So, you did supply it to us; there is no
argument about that information.


Mr. Laubinger: Perhaps I am
sort of headstrong, myself, and in my own view, I am reading under the ULTRA
project, that if it had been funded under ULTRA, it would have had a project
number and identified as such. The thing that threw me was that it was funded,
apparently, outside of any MKULTRA activity and it was under the normal contracting
process, so that it was not included in MKULTRA as any work done under that
funding umbrella.


The file folder that you have
and I have, right here, makes it quite clear, however, that a year’s work was
done through navy funding — a navy funding mechanism — on which the proposal
was based that ultimately came into the MKULTRA program. That second proposal
was never funded. So, there was conflict and I, personally, I think, introduced
a little bit of confusion in that in my testimony.


Senator Schweiker: Well, do
you agree or not agree with DOD’s statement here that even though the initial
funding was navy, it was really a conduit for the CIA?


Mr. Laubinger: I think that is
correct.


Senator Schweiker: Yes; I
would appreciate that. I would like to know how it went from NOR to CIA after a
year. Somebody made a decision to make that transfer, and to make this an
MKULTRA subject. There had to be some sort of review that led to a decision to
continue that kind of concussion — total blackout, maximum amnesia, and
whatever else it was you were interested in — study and testing.


Mr. Laubinger: Senator, if I
may try to say a few words on that, the files that were available to us for
inspection, which are limited, indicated that there was a project being carried
on by the Navy having to do with the effects of brain concussion. The CIA
developed an interest in that, and considered funding it, but actually never
did, and as the admiral testified, the MKULTRA is merely a funding mechanism, a
place they go for money to do such things, but there is no evidence that I know
of that that project was ever funded.


Senator Schweiker: Well, I am
confused, because here again is another quote from a document that we have
seen, which you have released and supplied to us:


Following is the technical
progress made under the current [deleted] contract:


(a) Specialized
Instrumentation and numerous testing techniques have been developed to obtain
the desired dynamic data; (b) considerable data has now been obtained
supporting the resonance-cavitation theory of brain concussion; and (c)
preliminary acceleration threshold data has been obtained for a fluid-filled
glass simulated skull.


It goes on to talk about a
blast range and a 2,500 square foot laboratory. The documents note that “three
blast test series have been run to date.” It describes a special blackjack
device, a “pancake type blackjack giving a high peak impact force with a low
unit surface pressure.”


Mr. Laubinger: Senator, you
are putting us in the same position I think you were stating that you were in
earlier in referring to documents not before us, but I believe you are quoting
from a proposal that someone sent to the Agency to fund this work, and he is
referring to past work. The past work would have encompassed a lot of things like
that, but CIA was not involved with that.


[the transcript continues with
an inquiry related to projects concerning the use of magician’s arts]


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