Judge to Release Tapes of Marcoses’ Depositions

Despite fears that it may influence the upcoming Philippine elections, a federal judge on Monday ordered the release of videotapes in which deposed President Ferdinand Marcos and his wife, Imelda, repeatedly assert their rights against self-incrimination.

U.S. District Judge Mariana R. Pfaelzer said she will dissolve a protective order blocking the release of the videotaped depositions in which the Marcoses asserted the Fifth Amendment hundreds of times in response to questions about billions of dollars they allegedly misappropriated from the Philippine treasury.

“I am absolutely convinced that there is now no reason to protect the Marcoses,” Pfaelzer said, indicating that her order will also permit dissemination of photographs, videotapes and documents concerning an estimated $7 million in jewelry and other property that was seized by U.S. Customs Service agents when Marcos fled the Philippines last year.

Marcos’ attorneys, calling the public distribution of the material “a specter of the McCarthy era,” said the move by the Philippine government for its disclosure is an attempt to influence the May 11 congressional elections.

“The Philippine political situation is ripe for exploitation concerning the former president,” said attorney John J. Bartko, arguing in court papers that associations with Marcos have become a central issue for many incumbents.

But the judge said it is clear “there will never be a good time” to release the videotapes, transcripts of which have already been made public. “All of the times that you release this deposition will be political times in the Philippines,” she said.

Lawyers for the Philippine government, seeking the return of more than $2 billion in government money and property allegedly amassed by the Marcoses, said the couple forfeited their rights to keep the deposition secret when they discussed their finances during a series of television interviews last year.

“The Marcoses are not entitled to broadcast their preferred version of the facts while denying the public access to their responses under oath,” government lawyers argued in their court papers.

Bartko argued that many of the interviews were granted before Marcos and his wife gave their depositions in October and November of last year. But Pfaelzer noted that at least some interviews were granted after they asserted their Fifth Amendment rights and refused to answer questions about their finances under oath.

“What most impresses the court is that the Marcoses have at their deposition refused to answer questions, and then gone on television talking about the same subject. That’s very upsetting,” the judge said.

To give Marcos’ attorneys time to seek a review from a federal appeals court, Pfaelzer said she would wait until Friday to sign the order releasing the videotape.