Law and Disorder July 31, 2023

CIA Sponsored Terror, Civil Liberties, Civil Rights, Criminalizing Dissent, Surveillance, Targeting Muslims, Truth to Power, Violations of U.S. and International Law, War Resister, Whistleblowers

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Lawyers You’ll Like – Attorney Mel Wulf

Mel Wulf died at age 95 on July 1, 2023. He was one of the great constitutional litigators of his time. He served as Legal Director of the American Civil Liberties Union for 15 years. Today we bring you a re-broadcast of an interview that attorney Michael Ratner, and I, Michael Smith, did with Mel 10 years ago for a segment we called Lawyers You’ll Like. It is a scintillating fast paced discussion with a relevance to our situation now

We’re joined today by Attorney Mel Wulf, former legal director with the American Civil Liberties Union for 15 years. He was a law partner with former US Attorney General Ramsey Clark during the Kennedy Administration and much more. Wulf was part of some of the greatest contributions to the civil rights movement. He’s now retired after practicing law for 54 years. As part of our Lawyers You’ll Like series, we talk with Wulf about his work with the ACLU during the early 60s, and also about the forming of the Lawyers Constitutional Defense Committee.

Attorney Mel Wulf:

• Phil Agee was a dissident CIA agent who spent decades working against the CIA, published a couple of books.
• He lost his passport because when the dissidents took over the embassy in Tehran in 1979, the New York Post carried a story accusing Phil of helping the students who’d invaded the embassy to put together all of that written material that had been shredded.
• It was another New York Post bald faced lie.
• The State Department, based upon that story revoked his passport.
• I had represented Phil Agee, I was his principle lawyer for 30 years.
• Agee was very widely disliked in Washington because he was well known to be a CIA dissident who disclosed the names of many CIA agents.
• If Snowden went the same route today, he would do even worse in this Supreme Court than I did. That’s why Snowden won’t get his passport, thanks to me.
• I was for the workers and not for the bosses and I’ve always been for the workers and not for the bosses, which I think is the distinguishing political factor in our world. Which side are you on?
• I got my Bachelors Degree in ’52 and I had a Navy Commission which I had gotten from the New York State Maritime Academy earlier on.
• The draft board sent me a 1A notice, I applied to Columbia and when I finished Columbia they sent me another 1A notice because the draft was still on. I spent 2 years in the Navy as a Liuetenant Junior Grade Officer in Southern California.
• I went to work at the ACLU in 1958 as the assistant legal director, in 1962 I was given the job of the legal director of the ACLU.
• I had actually been going down to Mississippi from 1961 to 1962, working with then one of the two black lawyers who were practicing in Mississippi.
• We tried a couple of capitol cases in Mississippi. I continued to argue the systematic exclusion of blacks from the jury.
• I finally got a case up to the Supreme Court on that issue.
• Lawyers Constitutional Defense Committee: We had several hundred lawyers who went down to Mississippi for periods of a week or two. They were representing people being arrested during the Mississippi summer.
• Most of the judges allowed these lawyers to make some sort of presentation.

Guest – Attorney Mel Wulf, former legal director with the American Civil Liberties Union for 15 years. He was a law partner with former US Attorney General Ramsey Clark during the Kennedy Administration and much more. Wulf was part of some of the greatest contributions to the civil rights movement. He’s now retired after practicing law for 54 years.

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Lawyers You’ll Like: Attorney Bill Schaap

Attorney Bill Schaap, who died in 2016, was a friend and colleague of Mel Wulf’s. Bill and his wife, Ellen Ray published the historic whistleblowing magazine “Covert Action Quarterly“ that exposed to CIA. Then they started Sheridan Square Press. They published a number of memoirs of former CIA agents who revealed the truth about the activities of the CIA. Ex-CIA agent Phil Agee was one of Sheridan Square Press authors. He wrote Inside The Company which exposed the names of some 200 CIA agents involved in nefarious activities in South America. Mel Wulf represented Agee for 30 years and unsuccessfully tried to get his passport back when the government had it taken away.

Attorney William Schaap graduated from the University of Chicago Law School in 1964 and has been a practicing lawyer since. Bill specialized in military law and practiced in Asia and Europe. He later became the editor in chief of the Military Law Reporter in Washington for a number of years. In the 70’s and 80’s he was a staff counsel of the Center for Constitutional Rights in New York City. In the late 80s, he was an adjunct professor at John J. College of Criminal Justice of the City University of New York where he taught courses on propaganda and disinformation.

Attorney William Schaap:

• One of first cases at this big Wall Street firm, they had some outside counsel working on it, one of whom was David Lubel, and Dave Lubel who had I think been a recruiter for the Communist Party in his youth, was always good at spotting somebody who was always worth recruiting and he started to tell me there was this convention of this lawyers group.
• It was this 1967 Lawyers Guild Convention in New York. He dragged me to one event, I met Bill Kunstler, I met Arthur Kinoy, I met Victor Rabbinowitz. I’d been on Wall Street for a year or two, I said I didn’t know there were lawyers like this.
• I joined the same day and met Bernadine Dorhn and a few weeks she called me and said we need your help.
• She said you gotta defend a bunch of Columbia students. The next thing I knew the riot started at Columbia and she said you have to go down there and defend them.
• I signed up to be staff counsel on the National Lawyers Guild Military Law Project in Okinawa, Japan.
• When you work overseas in that kind of a climate with the military you learn a lot fast about American imperialism.
• Once you learn that, you learn about the CIA.
• That led us to originally working on Counter Spy magazine and then on Covert Action Magazine.
• The original purpose was to expose the CIA. We worked with Lou Wolf who is an expert in uncovering CIA agents in US embassies, not through any classified documents but because if you knew how to read the paperwork and State Department things, you could tell who are the “ringers.”
• We were so successful that Congress passed a law against us.
• Our goal was to make these people ineffective because the only way most CIA could work, particularly the ones that were assigned to an embassy was to have to pretend to be something else.
• They were all third assistant political secretaries and those were all phony things. Their job was to finagle their way into various community organizations in whatever foreign capital they were posted to recruit people to turn against their own countries and become traitors to their own countries, to become spies for the U.S.
• We thought if we identified these people, it might make their job a little bit harder, which it did.
• Of course, the problem with that is the government said we were trying to get them killed which we weren’t trying to do and nobody we did expose ever did get killed.
• He (Philip Agee) had been an adviser to Counter Spy. Counter Spy folded when Welch got killed, cause the pressure was too much and started Covert Action Quarterly.
• He was not the person discovering who the under cover people were, Lou Wolf was doing that.
• Phil wrote articles for us in every issue and we worked very closely with him.
• Once you start exposing these things, they really don’t have any defense.
• They tried to catch us in something phony. We would get tips that would turn out to be CIA trying to get us to print some story that wasn’t true so they could then discredit us.
• We had more interference from the government when we were doing military law work, before Covert Action Quarterly.
• They would plant bugs in our attic in Okinawa, things like that.
• The Intelligence Identity Protection Act has 2 parts. One makes it a crime for someone in the government who has classified information to reveal someone’s identity. The second part makes it a crime to reveal the identity of someone you did not learn from classified information or you position. (But if you were in the business of exposing these people . . .)
• Regarding his newsletter The Lies of Our Times – It was in the 90s, from 1990 to 1995 I think. To a certain extent, the abuses we were crying about got a little bit less over time because that’s sometimes the helpful result of that kind of exposure.
• We were just tired of people thinking that if it was in the New York Times it must be true.
• The fact is that those people lie all the time.
• I think we’ve gotten to a point where people recognize that the government lies to them and that there’s an awful lot that goes on that they don’t know.

Guest – Attorney William Schaap graduated from the University of Chicago Law School in 1964 and has been a practicing lawyer since. Bill specialized in military law and practiced in Asia and Europe. He later became the editor in chief of the Military Law Reporter in Washington for a number of years. In the 70’s and 80’s he was a staff counsel of the Center for Constitutional Rights in New York City. In the late 80s, he was an adjunct professor at John J. College of Criminal Justice of the City University of New York where he taught courses on propaganda and disinformation.

In addition to being a practicing lawyer, Bill was a journalist, publisher and a writer specializing in intelligence as it relates to media. He was the co-publisher of a magazine called the Covert Action Quarterly for more than 20 years. He also published a magazine on propaganda and disinformation titled Lies Of Our Times. Attorney Bill Schapp has written numerous articles and edited many books on the topic of media and intelligence.

Hosted by attorneys Michael Ratner, Michael Smith and Heidi Boghosian

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