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- NATION, Page 46Ollie North's Latest Laugh
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- A new ruling batters the case against Iran-contra defendants,
- raising doubts about congressional immunity
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- Though Iran-contra ranked as the most insidious scam of the
- mud-spattered '80s, not one of the eight convicted offenders
- has spent a night in jail. Last week a court ruling made it
- likely that the two key culprits, Oliver North and John
- Poindexter, would also see their records scrubbed clean in
- legal terms. Further, the decision may force Congress to choose
- between spectacular public hearings and criminal prosecutions
- in future scandals.
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- The specific issue before the U.S. Court of Appeals for the
- District of Columbia dealt only with North, the retired Marine
- officer who as a White House aide managed the details of the
- Iran-contra scheme. After he was found guilty of three
- offenses, a three-member panel of the appeals court last July
- overturned one conviction on technical grounds and sent the
- other two back to the trial court. The special prosecutor
- handling the case, Lawrence Walsh, contested that ruling. But
- last week the full court let it stand.
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- The core of the decision was that North's constitutional
- shield against forced self-incrimination may have been
- violated. North had testified at the congressional hearings
- under a grant of partial immunity, meaning Walsh could not use
- information from North's public testimony in the criminal case
- unless he had obtained the evidence independently. By a 2-to-1
- vote, the appeals panel ruled that the trial judge's scrutiny
- of this issue had been insufficient. In a dissent, Judge
- Patricia Wald said the decision would "make the prosecution's
- burden an impossible one." Poindexter, North's boss at the
- White House, also testified under an immunity grant, and is
- appealing convictions on five counts. (His six-month sentence
- is deferred, pending appeal. None of the other defendants were
- given prison terms.) Unless Walsh can get the U.S. Supreme
- Court to overturn the appeals-bench ruling, Poindexter is
- likely to benefit from the same reasoning applied to the North
- case. Walsh plans to take the case to the Supreme Court, but
- many experts expect him to lose. Says Joseph diGenova, the
- former U.S. attorney in Washington: "Congress didn't know the
- mess it was creating when it gave the witnesses immunity."
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- In fact, congressional leaders were aware of the risks and
- gave Walsh some time to gather evidence before putting North
- and Poindexter in the witness chair. But the legislators could
- not know three years ago that the appeals court would apply
- more stringent standards than ever before. Republican Senator
- Warren Rudman of New Hampshire and Democratic Congressman Lee
- Hamilton of Indiana, two of the senior members on the
- investigating committee, argue that granting immunity was
- correct regardless of the ultimate impact on the criminal cases.
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- "People were talking about impeachment." By that reasoning, it
- was in the national interest to get out the facts quickly.
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- True enough. But the hearing had some odd ripples. One
- unintended result was to make North something of a national
- hero. And in the end, the congressional investigators failed
- to elicit from Poindexter hard information about Ronald
- Reagan's complicity. That remains murky. Former Senator John
- Tower, who headed a special Iran-contra investigative
- commission that operated independently of Congress, suggests in
- his upcoming memoirs that Reagan was directly involved in a
- "deliberate" cover-up effort.
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- The shortcomings of the congressional hearings, together
- with the latest ruling, suggest that the day of congressional
- hearings starring criminal suspects is passing. Says House
- Republican leader Bob Michel: "Congress ought to suppress its
- interest in public hearings if you want people to go to jail."
- Presumably, legislators want to punish the guilty at least as
- much as they covet the publicity yielded by splashy scandal
- investigations.
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- By Laurence I. Barrett. Reported by Jerome Cramer and Hays
- Gorey/ Washington.
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