Thiiha: tkilitcyr 11 , 19711 TtIE' "WASHINGTON POST Justice Weighing Action Against CIA Ex-Agent By Charles R. Babcock proceed against Agee. It is possible, Washington Post Staff Writer they said, that legal problems may The Justice Department is investi- preclude taking any action. gating whether it is possible to bring Just last year, for instance, the Jus- espionage charges against former tice Department decided it would not prosecute Agee for secrets he dis- Central Intelligence Agency officer closed in an earlier book, "Inside the Philip Agee—or perhaps his publisher Company: CIA Diary." over a forthcoming book that Is said to identify hundreds of undercover In that book he described his years CIA operatives. as a CIA agent in Latin America in The department also is considering the 1960s and identified several other taking civil action in an effort to stop undercover operatives. publication of the new book, "Dirty CIA officials wer upset at the time Work: The CIA in Western Europe," by what they considered the failure Which is scheduled to be published of the espionage laws to punish such next month by Lyle Stuart Inc. of Se- disclosures. But one knowledgeable caucs, N.J. source said that an espionage charge against Agee—then or now—could be Justice officials emphasized in re- PHILIP AGEE counterproductive because it would ... abroad and out of reach cent interviews however, that they give him a platform to discover still have made no decision on whether to more CIA secrets that might be dis- closed at a trial. the press and raises the same prob- Civil action—such as the breech of lems of possible disclosure of secrets contract suit the department won as such a charge against Agee. against Frank Snepp, another former Justice officials have been reluctant CIA agent-turned-author—is compli- to discuss the specifics of the Agee cated because Agee lives abroad and case, though some have confirmed cannot be reached by regular court that the CIA claims the new book will proceedings. reveal the identities of many under- Justice earlier moved successfully cover agents. against Victor Marchetti, coauthor Such unauthorized disclosure of with John D. Marks of "The CIA and names could be prosecuted because the Cult of Intelligence." to hold up the identities are classified, officials publication while a judge reviewed said. CIA deletions. Another recently formed project by But a proposed injunction against the former agent also is a cause for Agee's publisher is complicated offi- concern at the CIA and Justice. A cials acknowledge, because Lyle new magazine called the Covert Ac- Stuart signed no secrecy agreement to tion Information Bulletin announced protect CIA material. Thus in such a it would fight the intelligence commu- case the government would have to nity by "exposing CIA personnel and meet the difficult standard of irrepar- operations whenever and wherever we able harm, which the U.S. Supreme find them." The first issue identified Court raised in the celebrated case in- a man alleged to be the CIA station volving the New York Times and the chief in Jamaica. Pentagon Papers. Though'the magazine could be,a re- A possible espionage charge against curring source for releasing unauthor- the publisher perhaps for receiving ized classified material, legal action classified information, also is being against it is not being considered as looked at, one official said. But that part of the current review of what to would be an unprecedented attack on do about Agee's book, officials said.