Plausible Denial by Lane Mark

Author:Lane, Mark.
Language: eng
Format: epub
Publisher: Perseus Books, LLC

David Atlee Phillips

SEVEN YEARS AFTER DAVID ATLEE PHILLIPS AND I DEBATED AT THE UNIVERSITY OF Southern California, E. Howard Hunt submitted a list of proposed witnesses for the Liberty Lobby trial. It contained the name David Atlee Phillips. With a number of Hunt’s trial witnesses being doubtful starters, in my view, Phillips seemed to be a witness who must be deposed.

If Phillips merely repeated under oath what he had said during the debate, I was satisfied that Hunt could not call upon him to testify at trial. His words would have immeasurably strengthened the defense. I wondered if Hunt’s lawyers knew what Phillips had previously said, or even that he had participated in the debate. I could not envision that Phillips would refuse to testify about matters that he had discussed voluntarily at a public event attended by representatives of the news media. He again surprised me and revealed the paucity of my imagination.

I awaited Mr. Phillips and his attorney in the front street-level office of the four-story townhouse I occupy as a home and office on Capitol Hill in Washington, D C. The building is directly across from the United States Supreme Court and the Supreme Court garden. During proscribed hours, well-posted parking regulations are strictly enforced by efficient, judicially encouraged SWAT teams; no vehicles are permitted to linger on Second Street, Northeast, the roadway separating the Court from my office and residence.

The first caller that afternoon was a tall, relaxed gentleman who looked as though he could have been a college professor. He was Richard D. Sullivan, assistant general counsel for the Central Intelligence Agency. Of course, knowing the CIA, he really could have been a professor as well.

I asked Sullivan if he was going to represent Mr. Phillips. He replied in a clearly defined Boston accent, “No. No, Mr. Phillips is going to be represented by a leader of the District of Columbia bar, I believe by the president of the bar association, Mr. Bierbower.”

Well then, I asked, hopefully not without cordiality but with some concern, “Why are you here?”

Mr. Sullivan answered. “I represent the CIA.” He paused and added. “…also the United States of America.”

I responded, “Really? Don’t I discern a conflict of interest?”

Mr. Sullivan laughed. He said, “I heard you were good…but that’s very good,” as he jotted down some words in his English leather-bound notebook.

Turning to a more serious, but no less bemusing, matter, Mr. Sullivan said, somewhat officiously, “Mr. James Smith will be here. He is not with intelligence.”

Then adapting a sincere pose, he looked at me and said, “Actually, Smith is not his real name and he works for the CIA.”

I asked him if he ever watched the television program “M*A*S*H.” He replied that he was a fan and then a moment later he burst into laughter. “Oh yes. ’My name is Colonel Flagg from some outfit, but my name is not Flagg and I’m with the CIA.’ Yes, yes. That is very good.” I waited for him to make another entry in his notebook, but he disappointed me.

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