From: "David Crockett Williams" <[EMAIL PROTECTED]> From: Lara Johnson <[EMAIL PROTECTED]> To: [EMAIL PROTECTED] <[EMAIL PROTECTED]> Subject: [DRUG WAR] Should Oakland sue the CIA? Date: Monday, July 12, 1999 12:14 PM NB!! PLEASE FORWARD TO ANYONE CONCERNED WITH DRUG WAR, CIA COMPLICITY, CRACK COCAINE EPIDEMIC, ETC... THANX ------------------------------------------------------ CIA CLASS ACTION LAWSUIT P O Box 24869, Oakland, CA 94623 Tel: (510) 273 2474 Should the Oakland City Council sue the CIA for how crack-cocaine affected you, your family, friends & community? Tuesday, 13 July, 7 pm Oakland City Council to Discuss whether to support the CIA Class Action Lawsuit! The City Attorney will be providing a report to the Oakland City Council regarding the CIA-Crack-Cocaine issue. We are asking supporters of the lawsuit to go to the meeting and ask the Council to: 1. Sponsor a town meeting on (a) the CIA's and Department of Justice's policy of deliberate silence regarding crack cocaine trafficking from the 1980's to the present; (b) methods to determine the extent of economic loss which has occurred as a result of this epidemic; and 2. File a lawsuit against the CIA and DoJ, on behalf of the City of Oakland, to repay the City for the drain of resources which resulted from the crack cocaine epidemic. It is important we have as many people there as possible. Also, call your council member and DEMAND they support the lawsuit. Jane Brunner (510) 238 7001 John Russo (510) 238 7002 Nancy Nadel (510) 238 7003 Richard Spees (510) 238 7004 I. de La Fuente (510) 238 7005 Nate Miley (510) 238 7006 Larry Reid (510) 238 7007 Henry Chang (510) 238 7008 City Hall, 1 Frank Ogawa Plaza, 3rd Floor To speak at the Open Forum on this issue, sign a speakers card on the 3rd Floor of City Hall, between 6:30 and 7:00 pm ===================================================== I. City Attorney Recommendation to Public Safety Committee. ------------------------------------------------------ City of Oakland Office of City Attorney Jayne W. Williams City Attorney June 29, 1999 PUBLIC SAFETY COMMITTEE Oakland, California Members of the Committee: Subject: CLASS ACTION LAWSUIT FILED BY OAKLAND RESIDENTS AGAINST THE CENTRAL INTELLIGENCE AGENCY AND THE DEPARTMENT OF JUSTICE BACKGROUND: This office has been requested to provide a report on the recent class action lawsuit filed in the United States District Court by Oakland residents against the Central Intelligence Agency (CIA) and the Department of Justice (DOJ). This issue was brought before the City Council on October 8, 1996. At that time, the Council passed resolution No. 72976 (Attach II below) calling upon the U.S. Attorney General to request the appointment of a special counsel to investigate allegations that the Central Intelligence Agency, through its association with the Nicaraguan Contras, facilitated the importation of drugs into the United States. The resolution also directed the City Attorney's Office to contact other jurisdictions to explore the possibility of seeking redress from the federal government for some of the costs of the crac cocaine epidemic should these allegations be proven to be true. This report will outline the details of the class action lawsuit and the suggestions from the plaintiff's attorneys regarding possible City action in response to the lawsuit. ROSEMARY LYONS AND OLIVIA WOODS V. CENTRAL INTELLIGENCE AGENCY C-991205 SBA CASE SUMMARY: On Marcy 15, 1999, a civil rights class action lawsuit was filed in federal court against the CIA, DOJ, and individual representatives of those agencies, on behalf of Bay Area communities that have suffered as a result of the crack cocaine epidemic. The lawsuit is based on a recently revealed agreement between CIA Director, William Casey and Attorney General William Frency Smith written in 1982. The alleged agreement set forth a policy in which the CIA had no duty to report drug crimes to the Department of Justice. THE PLAINTIFFS: The plaintiffs are divided into two classes. Class A consists of individuals who have experienced particular economic, physical and/or emotional injuries arising from the neighbourhoods hardest hit by the crack cocaine epidemic, i.e., addiction to crack cocaine, death or absenxe of loved ones, reduction of income, and the increase in the number of dependents. Class B consists of individuals who have experienced injuries suffered by the community as a whole, such as overburdened social services, loss of local businesses, and damage to the tax base. Plaintiff Rosemary Lyons is a represenative of Class A. She is 43 years old and has been an Oakland resident since 1982. Her sister resided in San Francisco during the 1980's and became addicted to crack cocaine. Ms. Lyons had to raise her sister's children after her sister became incapacitated due to her crack addition. Plaintiff Olivia Woods, is the representative of Class B. She is 71 years old and has been an Oakland resident since 1982. She represents residents of the metropolitan areas of Bay Area communities who experienced injuries suffered by the community as a whole. COMPLAINT ALLEGATIONS: The complaint alleges that the defendants are responsible for the flooding of crack cocaine into California urban centers in the early 1980's. Plaintiffs contend that if it had not been for the CIA/DOJ agreement of 1982 and the ensuing policy of deliberate silence, the commencement of the crack cocaine epidemic in South Central Los Angeles during that era could have been avoided or greatly reduced. Indeed,, plaintiffs reference the 1989 Kerry Report ("Drugs, Law Enforcement and Foreign Policy") issued by the Senate Committee on Foreign Relations, Subcommittee on Terrorism, Narcotics and International Operations, which made specific findings that (1) drug trafficking had pervaded the entire Contra War effort; (2) U.S. government agencies had information regarding the involvement either while it was occurring, or immediately thereafter; and (3) senior policy makers recognized that drug money was a solution to the Contra's funding problems. According to plaintiffs, during the opening phase of the crack cocaine epidemic between 1982 and 1986, CIA officers and other intelligence agencies received reports regarding Bay Area cocaine importers Norwin Meneses and Danilo Blandon. It is alleged that both of these men were among the primary importers of cocaine into the United States and dominated the cocaine market on the West Coast. Plaintiffs allege that the secret CIA/DOJ agreement allowed cocaine suppliers connected with the Contras or other U.S. covert operations to import cocaine under a cloak of national security. Once the initial Southern California market was glutted, the crack operation moved north. Mid-level dealers diverted the drug flow to African American communities such as Oakland, East Palo Alto, San Francisco, and Richmond. The complaint does not allege that the CIA agents were involved in drug smuggling or that the African American Community was specifically targetted. Rather, plaintiffs allege that the CIA's failure to report allegations of drug crimes, along with the DOJ's acquiescence to this non reporting, interfered with law enforcement's efforts to thwart the importation of crack cocaine, thereby violating plaintiff's rights to due process guaranteed by the 5th Amendment of the U.S. Constitution. Plaintiff's further allege that they were denied equal protection rights by defendants' violation of federal laws and executive orders. Specifically, plaintiffs did not receive adequate law enforcement protection in their communities because defendants failed to report the drug activities. Moreover, the dangerous and impoverished communities (coupled with inadequate social services) that resulted from the drug activities deprived plaintiff's of comfortable enjoyment of life and property that constituted a public nuisance. REMEDIES SOUGHT: Plaintiffs seek (1) a declaration from the court that the CIA/DOJ agreement and the consequent policy and practice of not reporting drug crimes, were illegal; (2) a court order requiring the CIA to report drug crimes to the DOJ as required by executive order, and (3) monetary damages to rebuild effected communities and fund drug treatment programs. ISSUE: Should the City of Oakland respond to the filing of the federal class action lawsuit and if so what should that response be? Plaintiff's counsel, William Simpich and Katya Komisaruk, have proposed that the City take any or all of the following actions in response to the class action lawsuit: 1). SIGN A LETTER TO THE CIA, DOJ AND PRESIDENT CLINTON ASKING THEM TO CONCEDE TO THE MAIN POINTS IN THE LAWSUIT AND DISCUSS METHODS OF COMPENSATION. This suggestion involves a letter drafted by plaintiff's counsel addresseed to the DOJ, the CIA, and President Clinton, asking them to concede the main points in the lawsuit and to discuss methods of compensation. The proposed letter would ceom from city and congressional representatives calling upon the officials to agree to an appropriate settlement of the lawsuit. A draft of the proposed letter was sent to this office. 2). WRITE A LETTER TO THE WASHINGTON HOUSE INTELLIGENCE COMMITTEE REQUESTING PUBLIC HEARINGS REGARDING THE RELEASE OF THE CIA INSPECTOR GENERAL'S RESPONSE TO THE ALLEGATIONS MADE IN THE "DARK ALLIANCE" NEWS SERIES. 3). SPONSOR A TOWN HALL MEETING. The third suggestion is for the City of Oakland to sponsor a town hall meeting on the federal government's role in ignoring drug trafficking of crack cocaine from the 1980's to the present, and on methods to determine the extent of economic loss that has occurred as a result of this epidemic. It has been suggested that the City may also choose to write a seperate letter to inspire public support and to ask the government to take responsibility for what has occurred in the Oakland community as a result of the "secret agreement" between the CIA and DOJ. 4). FILE A SEPERATE LAWSUIT AGAINST THE CIA AND DOJ. The fourth possibility is for the City to file its own pulic nuisance lawsuit for the drain on the City's coffers as a result of the crack cocaine epidemic. The City Attorney is unaware of any local or state jurisidiction that have initiated such an action. An identical class action lawsuit was filed by the same attorneys in Los Angeles. The major difference between them is the named plaintiffs. Plaintiff's attorneys are offering these suggestions in hopes that the city of Oakland will either act on one or more of their suggestions or come up with alternatives to address this issue. RECOMMENDATION If the council desires to pursue opion four (initiation of litigation) recommended by plaintiffs, this office recommends that the City Attorney be directed to proved a report to council in closed session regarding legal options and strategies. Respectfully submitted, Jayne W. Williams City Attorney ======================================================== II. OAKLAND CITY COUNCIL RESOLUTION NUMBER 72976 ----------------------------------------------------- OAKLAND CITY COUNCIL RESOLUTION NO 72976 A RESOLUTION CALLING UPON THE ATTORNEY GENERAL OF THE UNITED STATES TO REQUEST THAT THE APPOINTMENT OF A SPECIAL COUNSEL TO INVESTIGATE ALLEGATIONS THAT THE CENTRAL INTELLIGENCE AGENCY THROUGH ITS ASSOCIATION WITH THE NICARAGUAN CONTRAS FACILITATED THE IMPORTATION OF DRUGS INTO THE UNITED STATES AND DIRECTING THE CITY ATTORNEY'S OFFICE TO MAKE CONTACT WITH OTHER JURISDICTIONS TO EXPLORE THE POSSIBILITY OF SEEKING REDRESS FROM THE FEDERAL GOVERNMENT FOR SOME OF THE COSTS OF THE CRACK COCAINE EPIDEMIC SHOULD THESE ALLEGATIONS BE PROVEN TO BE TRUE. WHEREAS a series of reports in the San Jose Mercury Newspaper to document how a Bay Area drug ring sold tons of cocaine to the street gangs of South-Central Los Angeles and that the profits from this operation were used to fund the Frente Democractica Nicaraguanese or FDN commonly known as the Contras, an orginization created and run by the Central Inteligence Agency to overthrow the Nicaraguan government, and WHEREAS one of the principals in this drug ring has testified in court to his role in selling drugs to raise funds for the Contras and further that this individual is acknowledged as a paid informant for the Federal Drug Enforcement Administration providing additional evidence of links between the drug dealing operation and the United States Government; and WHEREAS these revelation have led by members of California;s congressional delegation including Senators Dianne Feinstein and Barbara Boxer and Represenative Maxine Waters to call for an investigation; and WHEREAS these requests have led the CIA Director John Deutch to launch an internal investigation of these allegations and Attorney Gneral Janet Reno to launch a seperate Justice Department proben; and WHEREAS on April 13th, 1989 the UNited States Senate Subcommittee on Terrorirism, Narcotics and International Oerations of the Committee on Foreign Relations found that the Contra drug links included payments to drug traffickers by the US State Department of funds authorized by Congress for humanitarian assistance to the Contras, in some cases after the traffickers had been indicted by federal law enforcement agencies on drug charges; and WHEREAS the Department of Justice has continued to have financial relationships with the individuals involved in the Contra-Cocaine connection; now, therefore, be it RESOLVED: The Oakland City Council calls upon Attorney Gneeral Janet Reno to request the appointment of a special counsel to investigate allegations that the CIA and/or other federal agencies through their association with the Nicaraguan Contras facilitated the importation of drugs into the United States, and be it FURTHER RESOLVED: that the City Council directs the City Attorney's orffice in consultation with other municipalities and local governments to explore the possibility of seeking redress from the federal government for some of the costs of the crack cocaine epidemic should these allegations be proven to be true; and be it FURTHER RESOLVED: that the City Council directs the City Clerk to send copies of this resolution to the President of the United States, the US Attorney Gneral, US Senators Boxer and Feinstein and US Represenatatives Waters and Dellums. In Council, Oakland, California Oct 8 1996 Passed by the Following Vote: AYES: - Bayton, Chang, De La Fuente, Jordan, Miley, Russo, Spees, and President Harris. NOES: - None ABSENT: - NOne ABSTENTION: - None EXCUSED: - Woods, Jones. --------------------------- ONElist Sponsor ---------------------------- Start a new ONElist list & you can WIN great prizes! http://www.onelist.com See homepage for details on ONElist’s new "FRIENDS & FAMILY" program. ------------------------------------------------------------------------
