Class Actions Suits Filed Against

Class Actions Suits Filed Against
CIA and The Department of Justice, et al:

The Most Commonly Asked Questions

On March 15, 1999 simultaneous class actions law suits were filed in Los Angeles and Oakland against the Central Intelligence Agency, the Department of Justice and various other entities charging them with deliberately failing to report narcotics trafficking on the part of their agents, assets and other persons working on their behalf during the Contra war - in violation of Executive Orders from the President and requirements of United States law.

[NOTE: The following questions and answers are based on extensive interviews and consultation between the author and lead attorneys Katya Komisaruk and Bill Simpich.]

Q: The Christic Institute filed suits against the government more than 12 years ago and they lost miserably, leaving a trail of unhappy victims and legal bills behind them. How are these suits different?

A: These suits are completely different from the Christic litigation. The Christic Institute brought suit under the RICO (Racketeering Influence and Corrupt Organizations) laws, which required proof of an ongoing conspiracy. Daniel Sheehan, the plaintiffs' lawyer, hoped to prove his case by obtaining sensitive documents and classified materials, using legal procedures such as subpoenas. Unfortunately, Sheehan failed in his attempts to force the government to turn over this evidence -- and without that proof the case was dismissed. In contrast, the lawsuits against the CIA and DoJ are based primarily on documents already in the public record, which the government can neither deny nor dispute.

O: These suits apply only to metropolitan areas in the state of California. What about the rest of the country?

A: Any community, whether rural or urban, whether minority or not, can use the models to draft their own suits and modify key words to fit particular circumstances. Printable and downloadable versions of the suits in legal format are available at www.copvcia.com. Los Angeles was the city first and hardest hit by the crack epidemic but all concerned believe that the damage done throughout the country is provable and actionable.

Q: Are there other steps people can take to protect their rights?

A: Yes. Everyone should file a "federal tort claim," within the next several months, so that additional legal arguments can be raised. The legal team intends to assist all interested plaintiffs in filing these claims. Each individual must file his/her own claim, but fortunately, the claim is very short. A sample claim will be provided in the next issue of From The Wilderness.

Q: Who is paying for the suits?

A: At present all expenses connected with the filings of the lawsuits have been borne by the attorneys, plaintiffs and other interested parties including this writer. An important next step is to secure funding which will cover the anticipated total costs, which may reach into the hundreds of thousands of dollars over many years. These funds are needed for filings, administrative costs, appeals, attorneys salaries, investigations, travel, telephones, copying, postage, consultants fees and other costs. The standard next step would be to approach various foundations and political groups to seek sponsorship or other means of funding for the duration.

Q: Who controls the suits?

A: The named plaintiffs and their attorneys control the suits. They belong to the people and no one else. No one group can claim sponsorship, control or dictate policy in the prosecution of the suits.

Q: Does someone have to sign up to be included?

A: No. Anyone who lived in a California metropolitan area from 1982 through the present is automatically included in the class affected and will be eligible for compensation if the suits are won. However, research is indicating that it might become necessary for each victim to fill out a form at some point in the near future. What is critical is that anyone who would like to testify, has investigative information or would like to help, notify the attorneys by calling the below numbers to identify themselves. Public support and large numbers of identified victims will add strength, both in the media and in the courtroom.

Q: If the suits are won who will decide who gets the money and other relief that is being sought?

A: After court costs, attorney's fees and other expenses are met, the method of dispensing the award of damages will be decided by the judge.

Q: Does this mean that everyone in jail on a cocaine charge will automatically be turned loose?

A: No. There was extensive discussion on this point and everyone involved does believe that some kind of judicial review should be mandated for all those currently sentenced on cocaine charges to reflect the government's role in creating the problem in the first place. We intend for real bad guys to stay in jail and for real victims to be treated as such.

Q: What will the government do to fight these suits?

A: Anything and everything they can think of, from the ridiculous to the sublime, from attacks on wording to personal attacks and intimidation directed at those involved. Any motion to dismiss or challenge to the lawsuit can be appealed to the U.S. Ninth Circuit Court of Appeals and delayed for months. Hence the ten year guideline. It might be several years before the first real evidentiary hearings are held. It will certainly be years before the actual trial begins.

Q: What's next?

A: Each of the defendants must be given a copy of the final version of the lawsuit (which is still being amended). This will take place in the next few months, and will involve mass community participation. In the meantime, we have to urge our elected officials to demand publicly that the government do the right thing, and concede based on the strength of the evidence we have already presented. Once the defendants have been formally served with their copies of the lawsuit they will move to dismiss the case. When the hearing is held on their motion to dismiss, we must have the largest possible outpouring of support. This will be the crucial moment in the early stage of the lawsuit.

We should count on the government using every tactic imaginable to challenge this suit and on public pressure and the truth to defend it.

⌐ Copyright 1999, Michael C. Ruppert and From The Wilderness Publications at www.copvcia.com. ALL RIGHTS RESERVED, The full story on the evolution of the class actions lawsuits is available only to subscribers of From The Wilderness available at this site.

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