by Brian Toohey
1 James Curran, Unholy Fury, MUP, 2015, p. 282.
2 Ibid., p. 260.
3 William Colby, Honorable Men, Simon & Schuster, 1978, pp. 364, 365, 396.
4 For more details, see Chapter 53 in this book.
5 ‘Laos: Obama regrets biggest bombing in history’, BBC News, 7 September 2016.
6 Transcript of Reel 4 of the 1983 documentary Allies, p. 34.
7 John Blaxland, The Protest Years, Allen & Unwin, 2015, p. 323.
8 In response to the Croatian extremists’ incursions into Yugoslavia, Murphy drafted a bill making it a criminal offence for people living in Australia to travel overseas to help overthrow a foreign government. The Coalition blocked it in the Senate, but the subsequent Fraser Government ensured it became law.
9 Blaxland, p. 331.
10 Confidential sources who were present during the search of the files.
11 Interview with James Angleton by Ray Martin for ABC-TV’s Four Corners and Correspondents’ Report, 12 June 1977.
12 Luncheon conversation with Walker at the Union Club, New York, 22 January 1981.
13 Confidential source.
14 Blaxland, p. 442.
15 Luncheon conversation with Walker at the Union Club, op. cit.
16 Ibid.
17 His account of how he established that the politician was ‘active’ with Morosi lacked any semblance of logic. His ‘source’ was a woman professor whom he asked about the shadow minister and Morosi over lunch at the ANU. He took her furious response to his question as proof that she was also ‘active’ with the politician. This didn’t mean that this flimsy ‘evidence’ wouldn’t be treated as accurate ‘intelligence’ in an attempt to damage someone Shackley disliked.
18 Letter from Rosemary Brown to the author, 28 June 1981.
19 Ibid.
20 Curran, p. 268.
21 Ibid., p. 282.
22 Ibid.
23 Ibid.
24 Ibid., p. 283.
Chapter 31: Fraser’s narrow escape
1 More detail is in Brian Toohey and Dale Van Atta, ‘New light on the CIA role in 1975’, NT, 21 March 1982; and Toohey and Van Atta, ‘How the CIA saw the 1975 crisis’, NT, 28 March 1982.
2 John Blaxland, The Protest Years, Allen & Unwin, 2015, p. 445.
3 Ibid., p. 446.
4 James Curran, Unholy Fury, MUP, 2015, p. 287.
5 ‘The CIA, Labor and ASIO’, The Bulletin, 6 June 1976.
6 Brian Toohey and Marian Wilkinson, The Book of Leaks, Angus & Robertson, 1987, p. 88.
7 Brian Toohey, ‘Khemlani squeals on Mafia mates’, NT, 6 August 1982.
8 The chapter ‘The Unjust Dismissals’ in Brian Toohey and William Pinwill, Oyster, William Heinemann Australia, 1989, sets out the case against both sackings.
9 Ibid., p. 74.
10 Quoted in William Pinwill, ‘The CIA nexus’, NT, 9 November 1980. The Pike Committee was established in February 1975 to investigate illegal activities by the CIA, the FBI and the NSA; it was chaired by Congressman Otis G. Pike from July 1975 to January 1976, when its mandate expired.
11 Brian Toohey, ‘Anthony’s CIA connection’, AFR, 3 November 1975.
12 For more background on events before the sacking, see Chapters 16, 19 and 20 in this book.
13 More detail is in Toohey and Van Atta, ‘New light on the CIA role in 1975’ and ‘How the CIA saw the 1975 crisis’, op. cit.
14 Ibid.
15 Luncheon conversation, Washington, DC, 12 January1981.
16 The full text of Shackley’s telex was available in AFR, 29 April 1977, and Whitlam read it into Hansard on 4 May 1977.
17 Transcript of Reel 4 of the 1983 documentary Allies, p. 41.
18 Corson, who mixed socially with high-ranking US officials such as George Shultz, wrote the 1977 book The Armies of Ignorance: The Rise of the American Intelligence Empire (Dial Press).
19 Luncheon conversation with Shackley at La Bagatelle, Washington, DC, February 1981.
20 Blaxland, p. 452.
Chapter 32: Some distinguished gentlemen from the CIA
1 Taylor Branch, ‘The trial of the CIA’, New York Times Magazine, 13 September 1976.
2 Andrew Clark, ‘Kerr briefed on CIA threat to Whitlam’, Sunday Age, 15 October 2000.
3 Quotes are from a note I made of the conversation about ten minutes after it ended.
4 Brian Toohey, ‘Pine Gap mystery deepens’, AFR, 28 April 1977.
5 John Blaxland, The Protest Years: The Official History of ASIO, 1963–1975, Allen & Unwin, 2015, p. 449.
6 Andrew Clark and Clem Lloyd, Kerr’s King Hit, Cassell Australia, 1976, p. 37.
7 See Chapters 19 and 20 in this book.
8 See Chapter 31 in this book.
9 Peter Edwards, Arthur Tange: The Last of the Mandarins, Allen & Unwin, Sydney, 2006, p. 240.
10 Note of a phone conversation I had with Hay not long before died from cancer in November 2016.
11 James Curran, Unholy Fury, MUP, 2015, p. 260.
12 Quoted by Clark in ‘Kerr briefed on CIA threat to Whitlam’, op. cit.
13 Luncheon conversation with Walker, Union Club, New York, 22 January 1981.
14 William Colby, Honorable Men, Simon & Schuster, 1978, pp. 14, 15.
15 Curran initially took at face value claims about my involvement in a conspiracy theory, but later checked what I had written. He then emailed me to say he was happy to correct his error.
16 William Pinwill, ‘Just who betrayed whom?’, The Australian, 9 September 1981.
17 Brian Toohey, ‘CIA funded covert action against Australian critics of Vietnam war’, NT, 28 June 1980.
18 For more detail, see Brian Toohey and Marian Wilkinson, The Book of Leaks, Angus & Robertson, 1987, pp. 197–220. The Nugan Hand Bank collapsed in the 1980s leaving a trail of links to the CIA, arms dealing and the drug trade. According to the Commonwealth–New South Wales Joint Task Force on Drug Trafficking report (Vol. 2, Part 1, June 1982), the small Australian investment bank appointed these Americans to roles in the organisation: Rear Admiral Earl P. Yates as its first president; Brigadier General Edwin F. Black as its representative in Hawaii; army officer Dale O. Holmgren as its Taiwan representative; air force lieutenant general Leroy J. Manor as its representative in Manila; Dr Guy Pauker, a CIA operative, as a consultant; Rear Admiral Lloyd R. Vasey in an unofficial role; General Erle Cocke in an executive position; CIA economist Walter McDonald as a consultant; and William Colby, the head of the CIA from 1973 to 1976, as a legal adviser in Washington after 1979.
19 Luncheon conversation with Shackley at La Bagatelle, Washington, DC, February 1981.
20 Toohey and Wilkinson, p. 198.
21 Ibid., p. 214.
22 Mulcahy was also a key source for two long articles Hersh wrote for the NYT in June 1981 about Wilson and his former CIA colleague, Frank Terpil, on the Libyan case.
23 Toohey and Wilkinson, p. 219.
Chapter 33: Embracing ignorance
1 ‘Records relating to the arrest, investigation and prosecution in the US of Christopher John Boyce and/or Andrew Daulton Lee’, NAA Series A6122, 2404, p. 91.
2 Ibid., p. 93.
3 Ibid., p. 91.
4 Ibid., p. 101.
5 Ibid., p. 91.
6 Ibid., p. 86.
7 Robert Lindsey, The Falcon and the Snowman, Simon & Schuster, 1979, p. 260.
8 Ibid., p. 259.
9 Ibid., p. 75.
10 Ibid., p. 74.
11 William Pinwill, The Australian, 19 September 1981.
12 Ray Martin on 60 Minutes, Nine Network, 23 May 1982.
13 See Chapter 30 in this book.
14 David McKnight, ‘The quiet Americans’ SMH, 20 February 2003.
15 Ibid.
16 RCIS Top Secret Supplement to the Fourth Report, NAA Series A8908, 4D; and John Blaxland, The Protest Years, Allen & Unwin, 2015, p. 454.
17 Blaxland, ibid.
18 Brian Toohey, ‘CIA funded covert action aga
inst Australian critics of Vietnam war’, NT, 29 June 1980.
19 C.H. Brown, Minute to Director-General, ASIO, 19 December 1973, NAA Series A6122.
20 Ibid.
21 Ibid.
22 William Colby, Honorable Men, Simon & Schuster, 1978, p. 368.
Chapter 34: Australia’s expansionist ambitions
1 United States Antarctic Program: Participant Guide, 2018–2020 Edition, National Science Foundation, p. iv.
2 Sam Bateman and Anthony Bergin, ‘Sea change: Advancing Australia’s ocean interests’, Australian Strategic Policy Institute, 18 March 2009.
3 ‘Territory: Australian Antarctic Territory—Australian Claim to Sovereignty—Exclusive Economic Zone’, Australian Year Book of International Law 15, 1996.
4 United States Antarctic Program: Participant Guide, op. cit.
5 ‘Ashmore and Cartier islands: Transnational issues’, World Factbook, CIA, 2018.
6 For more details on the Indonesian and Timor-Leste boundaries, see Kim McGrath, Crossing the Line, Schwartz Publishing, 2017.
Chapter 35: Chained to the chariot wheels of the Pentagon
1 Gary Brown and Laura Rayner, ‘Upside, downside: ANZUS after fifty years’, Parliamentary Library Research Paper, 28 August 2001.
2 Joseph Trevithick, ‘Lockheed made a three minute long cartoon just to explain F-35’s ALIS’, The War Zone, 23 June 2017.
3 Ibid.
4 Kim Beazley, Lockheed Martin Vernon Parker Oration, Naval Institute of Australia, Canberra, 22 June 2016.
5 Ibid.
6 It is hard to believe there is any capability gap when the US military budget was over US$ 700 billion in 2018. Based on Stockholm International Peace Research Institute figures, that is well over double the combined estimate for the military budgets of China and Russia.
7 Beazley, Lockheed Martin Vernon Parker Oration, op. cit.
8 Tom Nichols, ‘How America lost faith in expertise’, Foreign Affairs, March/April 2017.
9 See Chapter 18 in this book.
10 For an earlier example of this problem, see ‘Cold War strategic ASW’ in the official US Navy magazine, Undersea Warfare, Spring 2005, and Melissa Healy, ‘Lehman: We’ll sink their subs’, Defense Week, 13 May 1985, p. 18.
11 See Chapter 22 in this book.
12 Derek Woolner, ‘The lessons of the Collins submarine program for improved oversight of defence procurement’, Research Paper, 18 September 2001, Parliamentary Library, Canberra.
13 Ibid.
14 Answer to Parliamentary Question on Notice 116 from Senator Kim Carr, 25 October 2017.
15 Defence Media, email to the author, 12 September 2018.
16 Brian Toohey, ‘Faulkner splurges on sub-par fighters’, AFR, 27 February 2010. This article is the basis of much of this chapter’s other information on this topic.
17 ‘Weather concerns deny final Avalon Airshow F-35 appearance’, Australianaviation.com.au, 6 March 2017.
18 Brian Toohey, ‘$400m worth of missiles up in smoke’, AFR, 10 October 2014.
19 The German company gave a guarantee it could design and produce much bigger, unproven submarines for $20 billion.
20 The Australian headlined its report on 25 April 2013 ‘Warship to join US fleet in hot zone’.
21 Defence Media, email to the author, 24 April 2018.
Chapter 36: Surrendering judicial sovereignty
1 R.S. French, ‘Investor state dispute settlement: A cut above the courts’, paper delivered at the Supreme and Federal Court Judges Conference, Darwin, 9 July 2014, p. 3.
2 Ibid., p. 1.
3 Ibid.
4 Greg Wood, ‘The TPP-11: Discarding Australia’s sovereignty’, Pearls and Irritations, 31 January 2018.
5 Ibid.
Chapter 37: Inspector Tange investigates
1 NAA Series A10060.
2 Attachment to a letter from Commodore K.G. Gray, acting JIO director, to the Hope Royal Commission on Intelligence, 20 May 1976. NAA Series A6122.
3 The documents were collated into a large file following a freedom of information request from me in 1983, but not released until the archives made redacted versions available in late 2013. Freedom of Information Request: Brian Toohey, NAA Series A10060.
4 ‘Publication of specified classified material’, Minute, R.W. Hamilton, Strategic and International Policy Division, September 1976. NAA Series A10060.
5 Brian Toohey, ‘Defence program slashed’, AFR, 9 October 1978.
6 P. J. Hutson, Minute to the Secretary [Tange], 16 October 1978, Subject: AFR, 9 October 1978 ‘Defence program slashed’ by Brian Toohey.
7 Brian Toohey, ‘Australia loses its Japan bug’, AFR, 30 July 1976.
8 Brian Toohey, ‘Russia: The three-hour threat’, AFR, 1 July 1976. Peacock had earlier made his view of Killen plain when I was chatting in his office and his ministerial colleague walked in. Seeing me, Killen pointed and said, ‘Either he goes or I go.’ Peacock replied, ‘Off you go, then.’
9 Record of conversation, meeting, 21 February 1973.
10 Record of conversation, meeting, 31 August 1976.
11 Brian Toohey, ‘Behind the bugging’, NT, 30 November 1984.
12 Graeme Dobell, ‘To think and to do in Defence’, The Strategist, 6 February 2014.
Chapter 38: Labor goes to court
1 Ian Macphee, Coalition frontbencher, launching Brian Toohey and William Pinwill, Oyster: The Story of the Australian Secret Intelligence Service, William Heinemann Australia, 1989; his speech was later published as the foreword to the paperback edition (Mandarin Australia, 1990).
2 Brian Toohey, ‘Bureaucrats stay silent on phone issues’, NT, 7 December 1984.
3 Part 1 was published on 6 May 1983; Part 2, after a delay for the court case, on 20 May; and Part 3 on 27 May. AUSTEO is a code word indicating that the documents should be read by Australian eyes only.
4 Justice Robert Hope, Royal Commission on Intelligence and Security, Supplement to the Fourth Report (re ASIO), 1976, p. 30. NAA Series A8908, 4D.
5 Affidavit by Brian Toohey 28 November 1988, Commonwealth of Australia (Applicant) and Brian Toohey (Respondent), No. G1350 of 1988, Federal Court Registry NSW Division.
6 Macphee, op. cit.
7 Usually, the presence of an ASIS officer is declared to the government of the country where he or she is posted, but their local agents are never declared.
8 Harvey Barnett, Tale of the Scorpion, Allen & Unwin, 1988.
Chapter 39: Embarrassing the government, informing the public
1 Michelle Grattan, ‘No smiles in government ranks as Cheshire cat vanishes’, The Age, 11 September 1988.
2 ‘George Shultz writes a press release for Bill’, The Eye, September 1988, p. 7. This article is the source of what follows on Shultz’s intervention. (I edited The Eye.)
3 What follows on the court case is based on the account in Brian Toohey, ‘Shooting the messenger’, The Eye, October 1988, pp. 8–11.
4 Ibid.
5 ‘Holding ONA at bay’,The Eye, September 1988, pp. 9–10.
6 Keith Scott, ‘No lasting damage with neighbours’, Canberra Times, 7 September 1988.
7 ‘Status of injunctions against Brian Toohey’, Australian Press Council News, May 1989, p. 3.
8 Grattan, op. cit.
Chapter 40: Evans: A vexatious litigant undone
1 Gareth Evans, PM, ABC Radio National, 23 November 1988.
2 This account draws on reporting in Brian Toohey, ‘Gareth goes to court’, The Eye, February 1989 and Brian Toohey and William Pinwill, Oyster: The Story of the Australian Secret Intelligence Service, William Heinemann Australia, 1989.
3 NAA Series A463, 1988/4879.
4 Brian Toohey, ‘Gareth goes to court’, pp. 12–15, and Toohey and Pinwill, Oyster, pp. 265–8.
5 Michelle Gra
ttan, The Age, 26 November 1988.
6 Toohey, ‘Gareth goes to court’, op. cit., and Toohey and Pinwill, op. cit.
7 The barrister John Basten, later a NSW Supreme Court judge, and the solicitor Roger West skilfully defended The Eye in court cases described in this chapter.
Chapter 41: Dismantling the Menzies legacy
1 Robert Menzies, ‘Freedom from fear’, 2UE radio broadcast, 24 July 1942. Transcript from ‘The Forgotten People’ series, Menzies Virtual Museum. Menzies was PM from April 1939 to August 1941 and from December 1949 to January 1966.
2 Official Secrets: Legislation and Policy, NAA Series A47 94/C 645.
3 Ibid.
4 George Brownbill, ‘The RCIS: An insider’s perspective’, speech notes, NAA, 27 May 2008.
5 RCIS Top Secret Supplement to the Fourth Report, NAA Series A8908, 4D, p. 34.
6 A federal Labor parliamentarian, Daryl Melham, supplied these figures, which were used in Brian Toohey, ‘Our very own police state’, AFR, 10 October 2008.
7 Telecommunications (Interception and Access) Act 1979: Annual Report for the Year Ending 30 June 2007, Department of Home Affairs, Australian Government.
8 Ibid.
9 Brian Toohey, ‘Security label often a pretense’, AFR, 22 June 2013.
10 Ibid.
11 Telecommunications (Interception and Access) Act 1979: Annual Report for the Year Ending 30 June 2017, op. cit.
12 Brian Toohey, ‘A lot of spin in much-fixing talk’, AFR, 1 February 2016.
13 Karen Middleton, ‘Exclusive: Metadata requests top 350,000’, Saturday Paper, 24–30 November 2018.
14 Brian Toohey, ‘Putting the AFP back in its box’, AFR, 29 August 2016.
15 Ibid.
16 In the case of the raid on the lawyer’s office, the lawyer was acting for the Timor-Leste government after a Coalition government authorised ASIS to bug its Cabinet offices. For more details, see Chapter 34 in this book.
17 See the Acton Institute’s mission statement and Gertrude Himmelfarb, ‘Acton and Burke: For the conservative wisdom of history and tradition’, Acton Institute, 18 November 2015.
