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- <text id=91TT2148>
- <title>
- Sep. 30, 1991: The CIA:See No Evil, Hear No Evil
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1991
- Sep. 30, 1991 Curing Infertility
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- NATION, Page 27
- THE CIA
- See No Evil, Hear No Evil
- </hdr><body>
- <p>Gates' confirmation hopes brighten as charges against North are
- dropped
- </p>
- <p>By Michael Duffy/Washington--With reporting by Jay Peterzell/
- Washington
- </p>
- <p> Senate scrutiny of Robert Gates had barely begun when an
- aide handed intelligence-committee chairman David Boren a slip
- of paper. Its message: all charges against Oliver North, the
- former White House aide who carried out the Iran-contra affair,
- had just been dismissed by a federal judge. As Boren read the
- bulletin aloud, some of the air went out of the long-awaited
- hearings on Gates' appointment to head the Central Intelligence
- Agency. The North dismissal, dimming any prospect of further
- immunity deals for key Iran-contra players, all but ensured that
- the Senate may never fully learn what Gates knew about the
- arms-trading scandal.
- </p>
- <p> It was probably inevitable. Four years ago, Senate select
- committees on Iran-contra granted North limited immunity from
- prosecution in return for hearing his side of the story. That
- gave North a large opening: though he was subsequently found
- guilty of obstructing Congress and mutilating government
- documents, his attorneys convinced an appeals-court judge that
- the case should be reviewed "line by line" to ensure that none
- of the witnesses in his trial had been influenced by the
- nationally televised hearings. Two weeks ago, North's old boss,
- former National Security Adviser Robert McFarlane, stunned
- prosecutors by admitting that he had indeed been swayed by the
- retired Marine lieutenant colonel's emotional testimony in the
- summer of 1987.
- </p>
- <p> Independent counsel Lawrence Walsh then faced a difficult
- choice. He could either prosecute North all over again or let
- the matter drop. Walsh chose to write North off and concentrate
- on prosecuting Clair George, the CIA's former chief of covert
- operations, who was indicted three weeks ago for lying or
- obstruction during a series of investigations into the
- Iran-contra affair. Pronouncing himself "totally exonerated,"
- North declared, "I've had my last hearing."
- </p>
- <p> Many legal experts predicted this outcome four years ago
- when lawmakers granted North immunity on the ground that the
- public had a right to know the Iran-contra story. Today even
- some of those who supported that decision have their doubts
- about its wisdom. "I think the lesson is that the Congress, when
- they grant immunity now, must be very cautious," said
- Democratic Congressman Lee Hamilton of Indiana, "because doing
- so probably defeats any criminal prosecution."
- </p>
- <p> The North dismissal has implications for other cases. The
- five guilty verdicts against John Poindexter, McFarlane's
- successor at the NSC, may be jeopardized by the influence of
- immunized testimony. The North outcome works in Gates' favor as
- well. The intelligence committee had discussed granting immunity
- to George, who worked directly under Gates and allegedly knew
- more about the diversion to the contras than he has admitted.
- But members decided against it, fearful of meddling again with
- Walsh's prosecutions--even if that meant making a less than
- fully informed decision about Gates.
- </p>
- <p> Oozing contrition, Gates emerged from the first week of
- hearings bearing only a few scratches. With a nudge from
- Republican panel member Warren Rudman of New Hampshire, Gates
- began his testimony with an unexpected apology for not pressing
- his old boss at the CIA, the late William Casey, about the
- Iran-contra operation. "I should have been more skeptical of
- what I was told," he said in his metallic monotone. "I should
- have asked more questions, and I should have been less satisfied
- with the answers I received, especially from Director Casey."
- Gates also told his inquisitors that the agency had placed too
- much emphasis on cloak and daggery, and he said covert
- paramilitary operations should not be undertaken when the public
- opposes the policy. He even vowed to resign if illegal activity
- occurred on his watch.
- </p>
- <p> Gates' performance was not unblemished. He admitted to
- slanting intelligence analysis in at least one case to support
- the policy of higher-ups. In written answers to the panel, he
- was repeatedly unable to recall key conversations or documents.
- Though he had little evidence to support his hunch, former CIA
- official Alan Fiers said he believed Gates knew of the existence
- and perhaps the extent of North's network but kept his distance
- from the operation.
- </p>
- <p> Senators were otherwise unable to puncture Gates' smooth
- exterior. Bill Bradley of New Jersey, who led the Democratic
- attack on the nominee, could do little more than sound indignant
- that Gates had failed to predict the coup attempt in the Soviet
- Union. Even Ohio Democrat Howard Metzenbaum, who derided Gates
- as a "hear no evil, see no evil" bureaucrat, believed the
- nominee would be confirmed.
- </p>
- <p> Throughout the week, Gates fingered a small, oblong white
- stone in his left pants pocket. An avid hiker, he had picked it
- up last summer while walking in the Cascades. Having put in 25
- years with the agency as of last month, Gates told intimates
- that the stone provided a comforting reminder of what he could
- be doing a year from now if the Senate fails to confirm him.
- </p>
-
- </body></article>
- </text>
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