ONLY IN AMERICA
Boris S. Korczak
• In January 1865, Congress passed the 13th Amendment, abolishing slavery, but slavery in its new form exists in the United States to this day and anyone complaining to the courts risks his case to be thrown out and status quo prevails.
• If you think of serving this country in a capacity of an access agent for the CIA, you can quote Dante Alighieri and put a big sign on your door saying: “Lasciate ogni speranza, voi ch’entrate. (All hope abandon, ye who enter in). In the other terms – Don’t be stupid and don’t work for the CIA.
There is something in the judiciary system called Totten Doctrine, which like a fig leaf covers the tool of rape done to the former agents by the CIA. The agents, are usually foreign born individuals who risked their lives for the country that is supposed to be a “land of opportunity”.
Totten Doctrine bars these types of cases from even going to trial. The Totten doctrine is based on the 1876 Supreme Court case of Totten versus United States. The case involved the estate of an individual who performed secret services for President Lincoln during the Civil War. The court dismissed the plaintiff’s postwar suit for breach of contract, stating, in part:
“The service stipulated by the contract was a secret service; the information sought was to be obtained clandestinely, and was to be communicated privately; the employment and the service were to be equally concealed.
Both employer and agent must have understood that the lips of the other were to be for ever sealed respecting the relation of either to the matter . . . It may be stated as a general principle, that public policy forbids the maintenance of any suit in a court of justice, the trial of which would inevitably lead to the disclosure of matters which the law itself regards as confidential, and respecting which it will not allow the confidence to be violated.”
It was 133 years ago and perhaps the decision of the court was right at this time. We are now in a year 2009 and the world has changed. Or has it?
What a perfect setup for a dishonest agency not to meet its obligations put on the contract that an access agent is not permitted to have a copy of, and sue the agency for breach of contract in the Federal Court of Claims.
Does that mean that the CIA has secrets that the Federal Court of Claims may not hear? God forbid it might make the mighty agency to meet its obligations?
Is the Federal Court of Claims not a part of the US government or is the CIA and independent entity that can do what it wants without the US government supervision?
Doesn’t the Totten Doctrine create a master – slave relationship between the CIA and the agent?
How does this doctrine improve our HUMINT, (human intelligence), once it comes out in the open that the agents can be lied to, abused, cheated and may not seek justice?
The recent years proved that HUMINT was inadequate in the unhappy years of Bush administration and our satellites could not hear what Muslim rebels were planning against the mighty USA.
I, a former access agent, want my money now, so I can purchase a health insurance I don’t have, buy Christmas presents for my family and put gas in my car.
I am now American citizen and I have earned this money risking my life and I am not a slave, even if the CIA thinks so.