I Spy? Man Who Says He Fingered Pollard Loses In Court
Jason Maoz - Jewish Press - Week of March 9, 2001
In a court case that drew surprisingly little media attention, a federal judge ruled late last month that a man claiming to be a former Israeli politician who worked as a CIA spy could not sue the government for U.S. citizenship and other benefits.
In Kielczynski v. United States Central Intelligence Agency, Andrzej Kielczynski, also known as Joseph Barak, said he provided information to the CIA for six years beginning in 1985. He alleged that in return for his services, which he said included informing the CIA of Jonathan Pollard's espionage on behalf of Israel, he was promised citizenship, health insurance and a pension.
Kielczynski, who said he was a member of Israel's Likud party, claimed that in addition to fingering Pollard he had informed the CIA of the positioning of Israeli nuclear weapons and of the Israeli government's use of American financial aid.
Kielczynski told the court that the stress he suffered as a result of his spying caused him to develop diabetes. He further claimed that in 1991, when he was no longer able to work due to his illness, he was made to sign a statement that he'd been paid $50,000 for medical care. And he said that when he applied for political asylum in 1998, the U.S. government began deportation proceedings against him.
But U.S. District Judge I. Leo Glasser of Brooklyn federal court ruled for the government, saying that courts cannot enforce agreements that involve classified information and government agencies. According to the New York Law Journal, the judge explained that the need for confidentiality in such cases justified a broad exclusion of these cases from the jurisdiction of the courts.
"Generally," the Law Journal noted, "when the federal government enters into a contract with a private individual, it waives its sovereign immunity and can be sued for breach of the agreement. But under Totten v. United States, 92 U.S. 105 (1875), Mr. Kielczynski's action is barred because its litigation could jeopardize confidential information.
"Moreover, the plaintiff has made no allegations of unconstitutional action or deprivation of due process by the CIA in its alleged termination of the contract, Judge Glasser said."
The Clemency Page
Israeli Who Spied for CIA Loses Breach of Contract Suit