Affidavit of James A.

Hunt in Opposition to Defendant’s Motion for Summary Judgement

MICHAEL A. DROBENARE
ATTORNEY AT LAW
2203 AVENUE X
BROOKLYN, NY 11235
718-797-3030
ATTORNEY FOR PLAINTIFF

IN THE UNITED STATES DISTRICT COURT

Southern District of New York

: Case No. 15 Civ.2789(WHP)

Judge Pauley
:
ALAN J. WEBERMAN
:
Affidavit of James A. Hunt
: in Opposition to Defendant’s
Motion for Summary Judgement
PLAINTIFF :

VS. :

CENTRAL INTELLIGENCE AGENCY :

DEFENDANT :

State of Ohio
County of Clermont

James A. Hunt, being duly sworn and cautioned deposes and says:
 1. I am an attorney licensed to practice law in the state of Ohio and am admitted in all state
courts, Federal District Courts and in the 6th Circuit Court of appeals. I have personal
knowledge of the facts herein recited.

2. I am the nephew of Frank Sturgis, an American citizen who died on December 4, 1993. I
am also the co-author of Sturgis’ biography – “Warrior: Frank Sturgis the CIA’s # 1 Assassin –
Spy Who Nearly Killed Castro but Was Ambushed by Watergate.” Sturgis’s wife, my aunt
Janet, and his daughter, Autumn Benken are currently living in Cincinnati Ohio

3. Frederico Duarte Carvalho is a Portuguese journalist who was born in Porto on August
27, 1972. He is an investigative reporter and author who has worked for several Portuguese
newspapers. He is the author of the book “Camarate-Sa Carneiro E as armas para o Irao”
published by Planeta in November, 2012.

4. The word “Camarate” in the title of Carvalho’s book refers to an incident which
occurred on December 4, 1980 in which a small plane carrying the Portuguese Prime Minister Sa
Carnerio, the Defense Minister Amaro da Costa, the Cabinet Secretary, Patrico Gouveia, several
of their wives and two pilots crashed killing all on board. Camarate is actually the name of the
geographical location just outside the Lisbon airport where the crash occurred but over the years
it has taken on an iconic meaning relating to the deaths of these political leaders and the others.

5. From the inception of this tragedy there was speculation that the plane crash was
caused by a bomb which exploded. Over the years the Portuguese Parliament has convened a
number of “Commissions” to investigate the matter. In 2004, the Portuguese Parliament’s
Camarate Commission determined that, in fact, a bomb had been the cause of the crash and
deaths. Carvalho testified before the Commisssion regarding the findings in his book. The 10 th
Camarate Commission is currently conducting an investigation to determine who was responsible
for putting the bomb on the plane.

6. In 2001, a Portuguese attorney representing some of the families of the deceased

victims, Ricardo Sa Fernandes, published a book, “The Crime of Camarate” in which he claims
that there was a bomb on the plane and the main target was the Defense Minister da Costa.
Fernandez explains that in 1980 there was a large volume of illegal arms that were being traded to
Iran that were being shipped through Lisbon and that da Costa was trying to put a stop to it. A
similar conclusion was reached by Portuguese political cartoonist and author Augusto Cid in two
books –“ Camarate” and “Camarate – How, Why and Who.”

7. 1980 was a presidential election year with Ronald Reagan running against incumbent
Jimmy Carter. This was also the time when the Iranian Government and Ayatollah Khomeini were
holding 54 Americans hostage who had been captured in the American Embassy. This hostage
situation was a political liability for President Carter.
 8. Sa Fernandes, Cid and others have advanced the theory that representatives of the
Reagan campaign met secretly in Paris with Iranian officials and worked out a deal whereby the
Iranians would be furnished with the arms and ammunition that they needed for their war against
Iraq if they promised to not release the hostages until after the election. In his book, Sa
Fernandes indicates that Defense Minister da Costa had documents proving the existence of this
agreement that he was about to make public.

9. On March 26, 2012, a Portuguese citizen of Angolan origin who was serving a prison
sentence in Portugal,, Fernando Farinha Simoes, published what he called a “Confession” in which
he claimed that in 1980 the CIA acting through several agents, including Frank Sturgis (one of the
Watergate Burglars) and Oliver North (of Iran/Contra) enlisted him to participate in a plot to
assassinate Defense Minister da Costa by placing a bomb on a plane that he would be using. (See
Exhibit A attached hereto).

..

10. Simoes claims in his “Confession” that in 1980 – “possibly October,” he met with
Sturgis on several occasions and that it was Sturgis who eventually told him the identity of the
target of the assassination plot. Simoes further claims that the last meeting with Sturgis before the
assassinations was “possibly” in November, 1980. It took place on a yacht moored in the harbor
at Cascais, Portugal. Also present were Oliver North, Jose Esteves, a Portuguese citizen of
Angolan origins, recruited by Simoes to prepare and install the bomb. Simoes claims that Sturgis
gave Esteves $200,000.00 in U.S. currency to carry out this part of the plot.

11. In October, 2012 I was contacted by Carvalho who told me about Camarate and the
“Confession” of Simoes. He told me that at page 262 of the Sturgis biography a U.S. State
Department cable is quoted which states that in 1982 Sturgis and Simoes attended meetings in
London and Miami, Florida with South African secret agents who were trying to mount the
overthrow of the communist government then in power in Angola.

12. In 1977 Sturgis traveled to Lisbon as a representative of United Cubans, a Miami-

based Cuban anti-Castro group. While writing his biography, I found portions a diary Sturgis kept
(most of his documents and memorabilia were lost in Hurricane Hugo) showing that he was in
Lisbon several times between May and September 1977 to meet with certain ant-communist
Portuguese- Angolan rebels who were fighting a civil war against the Angolan communist
government that was being supported with soldiers and arms supplied by Fidel Castro. Sturgis and
United Cubans offered financial and “humanitarian aid” to the rebels. Additionally, Sturgis made
several trips to the Angolan bush and war front where he gave tactical advice and guerilla warfare
training to the rebels.

13. Sturgis also kept a diary establishing his presence in Lisbon in 1981. However, no record
has been located to establish whether Sturgis was in Cascais, Portugal in November, 1980 with
Simoes and Esteves as they claim.
 14. In November, 2012, at the invitation of Carvalho and Alexandre Gouveia (brother of
Patricio Gouveia, Secretary of the Portuguese cabinet who was killed at Camarate) I went to
Lisbon for the release of Carvalho’s book and to interview the imprisoned Simoes. The interview
took place at Vale de Judeus Prison on November 23, 2012.

15. Based on that interview, I concluded that in all likelihood Simoes knew and may have met
Sturgis prior to 1980. Simoes was able to identify several people who are named in Sturgis’s 1977
diary as having been involved in the attempt to oust the communist government from Angola.
Additionally, Simoes knew a personal fact about Sturgis, that he did not drink alcohol.

16. Following the interview of Simoes, I met with Alexandre Gouveia , who is an ex oficio
member of the Camarate Commission, Camarate authors ,Fernandes and Cid, and Jose Ribiero e
Castro, an elected member of Parliament who was on the Commission. I told them That Carvalho
and I intended to conduct an investigation focusing on documentary evidence located in the
United States that might help determine if Sturgis , or any American citizen for that matter, had
committed the crimes alleged by Simoes and Esteves. Following that meeting Gouveia sent me a
letter specifically asking me to carry out the investigation on their behalf as well. See Exhibit B
attached hereto

17. In January, 2013, after returning to the United States, I contacted plaintiff Alan J.
Weberman to enlist his help in conducting the investigation. Weberman has written extensively
about Sturgis and is co-author of “Coup D’état in America” in which he accuses Sturgis of firing
the fatal shots from the grassy knoll in Dallas that killed President Kennedy. Although Weberman
and I disagree on this point, I recognize Weberman as a skilled researcher who seeks to promote
integrity, transparency, and accountability in government in the furtherance of public interest.
Weberman regularly serves FOIA requests on federal, state, and local government agencies,
entities and offices with the intention of disseminating the findings to the public both in this
country and Portugal.

18. Carvalho, Weberman and I formed an association and agreed to work together to
investigate the alleged connection of Sturgis, the CIA and any other American citizens identified
by Simoes as bringing about the deaths at Camarate.

19. Defendant CIA is an agency of the United States government and is headquartered at
Central Intelligence Agency, General Counsel’s Office, Washington, DC 20505. Defendant has
custody and control of records which plaintiff seeks access.

20. On behalf of the association, Weberman sent a FOIA request to the CIA on May 21, 2013
seeking access to the following records: All CIA documents concerning Camarate, Fernando
Farinha Simoes, and Jose Antonio dos Santos Esteves along with all identifying data. See Exhibit
C attached hereto.

21. Defendant acknowledged receipt of the FOIA request but withheld all documents, stating
that the agency “could neither confirm or deny” the existence of the records As authority for this
action Defendant cited Executive Order 13526: “An agency may refuse to confirm or deny the
existence or nonexistence of requested records whenever the fact of their existence or
nonexistence is itself classified ….” This tells us that the CIA obviously does have documents
responsive to our request – how or why would one classify something that doesn’t exist ?

22. In support of its refusal to Defendant also relied on 50 U.S.C. section 403g which makes the
CIA director responsible for protecting intelligence information and identities. Again this tells us
that the CIA does have records and documents responsive to plaintiffs’ request.

23. In April, 2015, I was asked by the Portuguese Parliament to come to Lisbon to testify before
the Camarate Commission. On April 15, 2015 I gave sworn testimony to the Commission about
the possibility of my uncle’s involvement in Camarate. I told them that I had no direct evidence
that my uncle was in Portugal in 1980 as Simoes and Esteves claim, nor did my aunt have any
recollection of his being there then. However, I also explained that in his career as a spy and
soldier of fortune and expert in guerilla warfare, arms and munitions, he had been involved in
other assassination plots directed against Fidel Castro and Rafael Trujillo of the Dominican
Republic among others. I noted that in writing his biography I concluded that he was probably
also part of a plot to assassinate President Kennedy though he was not in Dallas when the shots
were fired. Plaintiff Weberman also testified on that date.

24. Following our testimony, the Portuguese Parliament passed a resolution requesting that
Weberman and I continue to investigate the truth or falsity of the claims of Simoes and Esteves by
attempting to gather information in the United States. (See Exhibit C attached hereto). In
furtherance of that request, Weberman filed the instant law suit.

25. In January, 2016, I traveled to Lisbon and on the 16th I interviewed Sr. Smoes at the prison in
the Valley of the Jews where he is held on convictions unrelated to Camarate. Frederico Carvalho
was also present.

26. Sr. Simoes said that he did contract work for the CIA both in Portugal and Angola and that he
was with my uncle on many occasions in both countries, Their common interest was the
overthrow of the Angolan Communist government. Sr.Simoes is not mentioned by name in the
portions of the diary we recovered, but Simoes spoke knowledgably about people named in the
diary such as Victor Fernandes, a member of the Angolan Parliament and Gary van Dyke, a
South African intelligence officer.

27. Sr. Simoes said that one of his main CIA jobs in Lisbon was to operate a “safe house” out of a
suite in the Lisbon Hilton Hotel. The CIA provided an expense account of $15,000.00 a month.
One of his main contacts was Frank Carlucci who was the ambassador to Portugal before
President Carter made him a Deputy Drector of the CIA.

28. I believe that Sr.Simoes is telling the truth about his CIA involvement. This confirms that the
agency does, indeed, have information about him which it is refusing to produce. At a minimum, I
believe the Court should conduct an in camera review of this information.
29. Frank Sturgs’s widow, Jan and his daughter, Autumn Benken, deny that he was involved in
Camarate. They have a very strong personal interest in determining if my uncle was involved in
Camarate. As his nephew and official biographer, I share that interest.

30. There is also a compelling public interest in determining if the CIA or any US citizens were
part of the Camarate conspiracy. Portugal has always been a friend of my country. We owe it to
the Portuguese people to do what we can to get to the bottom of Camarate.

Further Affiant sayeth naught.

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