TIME: Almanac 1993/TIME Almanac 1993.iso/time/041690/0416106.000

Text File | 1992-08-28 | 6.1 KB | 136 lines

                                                                                NATION, Page 23

The Ultimate Fall Guy


Once again, Poindexter takes the hit for Iran-contra


    The retired Navy admiral had walked the gangplank for his
skipper in the 1987 congressional hearings, insisting that "the
buck stops with me" in the Iran-contra affair. But once he
faced trial on five charges of destroying documents and lying
to Congress, John Poindexter switched signals and called Ronald
Reagan as his star witness to share some responsibility for the
Administration's secret policies to sell arms to Iran and
assist the Nicaraguan contras. The former President failed to
help his loyal National Security Adviser. Confused, forgetful
and oblivious to the public record, Reagan would not even
concede that Congress had been deceived. A federal jury in
Washington last week thus pushed Poindexter over the side
again, convicting him on all counts. The scandal's ultimate
fall guy faces a maximum 25 years in prison and a $1.25 million
fine.

    In an ironic twist, it was the reluctant testimonies of
Reagan and former National Security Council aide Oliver North,
both of whom had every reason to want Poindexter acquitted,
that proved devastating to the defense. Prosecutor Dan Webb,
whose snapping-terrier style may have discouraged Poindexter
from taking the stand, boldly ridiculed Reagan's videotaped dep
osition. In his closing argument, Webb contended that Reagan
"didn't have the foggiest idea" whether Poindexter had broken
laws. Webb charged that the ex-President was so "biased" that
he winked at Poindexter while testifying, as if to say, "John,
did that answer help you?" Indirectly accusing Reagan of
dissembling in a TV speech claiming there had been no trade of
arms for hostages in the 1985-86 weapons sales to Iran, Webb
said Poindexter had destroyed a presidential finding precisely
because it "put the lie" to Reagan's declaration. Attacking the
credibility of a popular President was a risky tactic, but it
worked.

    The methodical Webb was even rougher on North, who was
called by the prosecution but proved so antagonistic that Judge
Harold Greene declared him a "hostile witness." Webb got North
not only to admit to the jury that he had lied to Congress, but
also that he had done so right after Poindexter had told him
to "take care" of legislators' questions about the NSC's
illegal help to the contras. On his return from the meeting,
North got an electronic note from Poindexter saying "Well
done."

    As the final major prosecution in the long-running affair
ended, Poindexter was the first defendant to be held
accountable for more than specific, narrow criminal acts. North
had destroyed countless NSC papers, deceived Congress and
accepted the gift of a security system, which was illegal while
he was on the Government payroll. Poindexter too was convicted
of shredding a presidential finding and erasing 5,000
electronic messages (backup copies were discovered). But for
the first time in the scandal, jurors were willing to sustain
charges of a conspiracy to obstruct Congress and cover up the
Iran-contra folly. "Admiral Poindexter did it because he wanted
to protect the political viability of Ronald Reagan. And I
consider that to be a selfish motive," Webb said after the
verdict. No jury, of course, has been required to address the
underlying constitutional question: To what extent can Congress
limit a President in carrying out foreign policy?

    So far, the sentences for those convicted have been light.
As Judge Gerhard Gesell explained in putting North on
probation, "You were a low-ranking subordinate working to carry
out initiatives of a few cynical superiors." North had only
three major bosses. Robert McFarlane, who preceded Poindexter
as National Security Adviser, pleaded guilty to mere
misdemeanors and was placed on probation. Whether Poindexter
will be treated more severely is up to Judge Greene. That leaves
Reagan, whose accountability now rests with historians rather
than the courts.

    The public record on Iran-contra, from the Tower commission
to the congressional hearings and the various cases brought by
independent counsel Lawrence Walsh, is incontestable on the key
points: Reagan approved the weapons sales to Iran in the hope
they would lead to the release of American hostages; he ordered
that the contras be financed from private and foreign sources,
even though Congress had expressed its opposition by cutting
off U.S. funding. And he wanted both dealings kept secret from
the American public.

    Whether Reagan knew that jacked-up weapons prices had
created profits that went to the contras, and whether he would
have disapproved if he did know, are only peripheral
uncertainties. Iran-contra, which violated laws and
contradicted Reagan's proclaimed policies, was undeniably the
President's doing.


By Ed Magnuson. Reported by Jerome Cramer/Washington.


____________________________________________________________ SIX
CONVICTED, NONE IMPRISONED


    OLIVER NORTH: The former NSC aide was convicted of three
felonies: obstructing Congress, destroying documents, and
receiving an illegal gratuity. Fined $150,000 and sentenced to
community service.

    ROBERT MCFARLANE: The former National Security Adviser
pleaded guilty to four misdemeanor charges of withholding
information from Congress. Sentenced to two years' probation.

    RICHARD SECORD: The arms merchant pleaded guilty to lying
to congressional investigators. Eleven other charges were
dismissed. He was placed on probation for two years.

    ALBERT HAKIM: Secord's partner pleaded guilty to giving an
illegal gratuity (a home-security system) to North. Sentenced
to two years' probation and fined $5,000.

    CARL CHANNELL and RICHARD MILLER: Both contra fund raisers,
who worked with North, pleaded guilty to conspiracy to defraud
the Government. Each drew two years' probation.

    JOSEPH FERNANDEZ: The former CIA station chief in Costa Rica
had all charges dismissed when the Justice Department and the
CIA objected to the use of classified documents at his trial.