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- Comments: Gated by NETNEWS@AUVM.AMERICAN.EDU
- Path: sparky!uunet!zaphod.mps.ohio-state.edu!howland.reston.ans.net!paladin.american.edu!auvm!SAIL.STANFORD.EDU!ANDY
- Organization: Computer Science Department, Stanford University.
- Message-ID: <9212312322.AA21277@SAIL.Stanford.EDU>
- Newsgroups: bit.listserv.politics
- Date: Thu, 31 Dec 1992 15:22:48 -0800
- Sender: Forum for the Discussion of Politics <POLITICS@UCF1VM.BITNET>
- From: Andy Freeman <andy@SAIL.STANFORD.EDU>
- Subject: Re: well, pardon me!, Version 5
- In-Reply-To: <9212311933.AA01548@wizard.netx.com>
- Lines: 133
-
- >> Lots of things are authorized by presidential findings. (No, they
- >> aren't the result of a court proceeding.) Arguably delegating that
- >> authority to the president is as bad as Congress' other habit of
- >> delegating of authority to write regulations, but it is the law.
- >
- >But is it? This finding happened _after_ the illegal activity.
-
- Weinberger didn't say that. He said that he found out about the
- finding later. That doesn't imply that the finding happened after the
- acts it "authorized".
-
- >Shouldn't that be something that the special prosecutor
- >looks into?
-
- It's easy enough to check. We know when the shipments occur. All we
- have to do is find out when the finding happened and then see if the
- arms export act has a waiting period. Did Walsh bother with this?
- Did Reagan/Bush keep the finding away from Walsh? Or, did everything
- check out on this score so Walsh went on to other activity? Why is
- Fisher assuming that things didn't check out?
-
- Note that this is slam-dunk evidence if the facts work out. It
- becomes a prosecution as soon as you find anyone involved in the
- shipment, and we found lots of those people a long time ago.
-
-
- >> >we were involved in the shipping of the arms.
- >>
- >> It isn't obvious; shipping requires on physical possession, not legal
- >> ownership.
- >So if we own arms that are in stored in Israel, we tell Israel to
- >load them onto one of our transport planes and our people (McFarlane et al.)
- >get onto the plane and fly into a terrorist nation to sell them the
- >arms, this isn't shipping of arms?
-
- So, if we own arms that are stored in Israel, what keeps them from
- shipping them without our permission? They may let McFarlane
- come along for the ride.
-
- I'm not claiming that that happened. I'm claiming that "ownership
- implies control" is incorrect. Possession implies control - ownership
- is a legal fiction.
-
- >> We'll have to see the text of the law. I would be very surprised if
- >> it covered lobbying.
- >
- >OK. But don't you think that that is what the special prosecutor was
- >going to find out?
-
- Huh? We start by reading the law. There are three possibilities. It
- may not cover lobbying at all. It may cover lobbying. It might be
- unclear. Prosecutors don't make this determination. They bring
- prosecutions and the court decides. Walsh didn't.
-
- Investigations are irrelevant to the "does the law cover lobbying"
- question. They can only tell us what occured, not what the law says
- about what occurred.
-
- >> All they could do? (I can think of several things they could have
- >> done, and didn't do.) Do we have evidence of illegal activity to
- >> inhibit investigations or are we just assuming that it happened.
- >That's what the special prosecutor was doing. He had already convicted
- >a couple (more?) of people for "obstruction of justice".
-
- While there are convictions, I frankly don't place much weight on
- guilty pleas given the way the criminal justice system works. The
- deck is stacked.
-
- >Since Bush has just announced that he had notes and Walsh has been
- >asking him for notes for years, I think that Bush should be put on
- >trial for "obstruction of justice".
-
- Walsh doesn't get to ask for "notes". He gets to ask for notes
- relating to certain things. If he asks for "notes showing that you
- were present at an arms for hostages deal", notes showing that bush
- knew about arms deals that he felt were unrelated to hostage trades
- aren't covered.
-
- >> Where in the charge to the special prosecutor did it mention security
- >> systems or even gifts? Remember - Walsh was supposedly looking for
- >> arms for hostages stuff. We don't appoint special prosecutors to look
- >> into gift receipt.
- >
- >No, that's true. And if North's security system wasn't related to Iran/Contra,
- >Walsh wouldn't have worried about it. The security system illustrated how
- >North profited by the transactions.
-
- No, the security system illustrated that North profitted from gifts.
- The "those gifts were part of the deal" connection as never made.
-
- >> >> Where is this "our behest" law written down?
- >
- >The question is what does violating the Arms Export Control Act mean?
- >That was for the special prosecutor to find out.
-
- Wrong. Prosecutors don't "interpret" the law and investigations into
- whether or not specific acts occurred don't tell us whether or not
- those acts are covered.
-
- >> Except, we didn't actually forbid it. It appears that the relevant
- >> law, the Export Arms Control Act, was obeyed. Fisher thinks we should
- >> have forbidden it, but his opinion lacks standing.
- >
- >I'm sure that it does. But the opinion that doesn't lack standing were the
- >judges and juries that Walsh was going to bring people in front of, if
- >he had been allowed to do so.
-
- Really? Walsh doesn't know when the finding took effect? He doesn't
- know when the shipments happened? He doesn't know anyone involved in
- the shipments?
-
- Remember the "roll up the small-fry and get them to squeal on the big
- folks" argument? You don't have to start very high up to find someone
- affected by the arms control export act.
-
- >> So? Is that a crime?
- >Is the fact that the president believed what he was doing was illegal a crime?
- >There's an interesting question. I guess that it doesn't matter what the
- >president believed, if what he was doing wasn't a crime. Although, maybe you
- >like your president to be doing illegal stuff, I don't.
-
- So? Until "Fisher dislikes it" becomes criminal, that's outside the
- scope of a special prosecutor's domain.
-
- >But to answer the question, is that a crime?
- >That's what the special prosecutor was to find out.
-
- Nope. That's not what special prosecutors do. They're tasked with
- finding activities, not with determining whether or not those
- activities are illegal.
-
- -andy
- --
-