The Boston Globe
November 27, 1993, Saturday, City Edition
Lawyers battle over final report on Iran-Contra
BYLINE: By Michael Kranish,
Globe Staff;
and Murray Waas, Special to the Globe
SECTION: NATIONAL/FOREIGN;
Pg. 6
LENGTH: 1299 words
DATELINE: WASHINGTON
Seven years
after the first disclosure in the Iran-Contra affair, a final report by the special prosecutor has yet to be released and
is now apparently the subject of a court battle over whether it should ever be made public. The full report,
if released, could shed new light on whether there was a presidential cover-up of the affair, in which the United States secretly
arranged the sale of weapons to Iran to obtain the release of US hostages, and funneled the revenue from the sale to Contra
rebels in Nicaragua at a time when such aid was illegal.
This week, a consortium of journalists and public
interest specialists filed an emergency brief to a three-judge panel that has the authority to release, censor or block the
report. The National Security Archive, a nonpartisan research group that is trying to win the release of the report, said
in a statement accompanying the brief that participants in the Iran-Contra affair are trying to stop the release of the document.
Thomas Blanton, executive director of the National Security Archive, a repository of declassified documents,
said that defense lawyers for participants in the Iran-Contra affair are trying to block the report or at least alter its
conclusions.
"If the defense lawyers have their way, this will be the final step of the cover-up," Blanton said. A lawyer for former President Reagan would not confirm that he is trying to block release of the report. A
lawyer for former President Bush did not return telephone calls.
The Society of Professional Journalists
and the Reporters Committee for Freedom of the Press have joined the archive in calling on the judicial panel to release the
report after Dec. 3. That is the deadline by which the subjects of the report, including Reagan, can formally respond to it.
According to analysts familiar with the new report and previous documents released by independent counsel Lawrence
Walsh, the special prosecutor is expected to conclude that Reagan authorized two arms sales to Iran in 1985 despite being
warned by two Cabinet secretaries and his chief of staff that they were illegal.
Walsh is also likely
to focus on his longtime assertion that a high-level cover-up occurred. Walsh finished the report Aug. 5, but its contents
have remained under seal.
Under the independent counsel law, key individuals named in the report can
petition a three-judge panel to rewrite the document or block its publication. At the very least, Reagan and others could
delay publication and request that their written rebuttal of the report be included.
As a result, it
is not clear whether Walsh's still-secret conclusions will be released as written. Reagan's lawyer has already delayed
publication by 60 days, until Dec. 3, and could file a motion to block its release indefinitely.
Walsh
said in an interim report released last February that if Bush had not issued his Christmas Eve pardons to six players in the
affair, the prosecution could have proved that a cover-up took place in an effort to save Reagan's presidency.
Peter Kornbluh, an analyst at the National Security Archive, noted in an interview last week that when Bush issued his pardons
last year, he said he was not hiding evidence because Walsh would "have the opportunity to place his full assessment
of the facts in the public record when he submits his final report." Kornbluh said that some participants in the affair
are now attempting to "suppress" that report.
Walsh's critics, including many Republicans,
have said the Oklahoma City lawyer is an embittered man making allegations in reports that he could not bring in court.
According to people familiar with Walsh's report, it alleges that Reagan authorized the two arms sales
to Iran in 1985 despite having been warned by two Cabinet members that they were illegal. Reagan has said he does not remember
whether he authorized the arms sales.
A year later, after the Iran-Contra affair was made public, key
officials tried to cover up authorization of the arms sales by concocting a "false account" about the chain of events,
the report says.
The president's top aides feared that if authorization of the two potentially illegal
arms sales had become known at the time, Reagan might have faced impeachment or even criminal charges.
Reagan's lawyer, Theodore Olson, said in an interview he was under court order not to say anything about the report. But
he said any charges of a cover-up were "irresponsible" and that Walsh's interim report was "a diatribe
and a comment on what he wished to have prosecuted instead of an objective report."
Walsh has made
clear for many months that he believes Reagan bears significant responsibility for the affair, highlighting notes that show
Reagan was warned that arms shipments may have been illegal. In addition, Walsh has excoriated Bush for pardoning Caspar Weinberger,
Reagan's defense secretary, and other key players in the affair last Dec. 24, thus effectively ending prosecution of the
case.
While much of the report's information is not new, the wealth of documentation could revive
questions about Reagan, Bush and then-Attorney General Edwin Meese 3d, none of whom were indicted:
-
Reagan - The key question since the affair became public in 1986 is whether Reagan approved two initial arm sales to Iran,
transfers through Israel that Walsh has said were potentially illegal.
Reagan first told investigators
that he approved the arms sale, but later said he could not remember what happened. Walsh reportedly says in his report that
Reagan approved the sales despite being warned that they were illegal.
- Bush - The then-vice president,
in a much-quoted phrase, said in 1987 that he was "not in the loop" on Iran-Contra. Bush has since said he knew
about the arms sales, but did not explicitly link them to an effort to release the hostages.
Bush's
assertion became an issue just before Election Day last year when Walsh released a note written by Weinberger that said "VP
approved" Reagan's decision to "go with Iranian-Israeli offer to release our five hostages in return for sale
of 4,000" antitank missiles. In addition, Bush told the FBI that he knew about the 1985 arms sales that others described
as potentially illegal. Walsh has said that Bush should have known that false statements were made by administration officials
about the matter.
- Meese - As reported by the Associated Press last month, Walsh's report is expected
to allege Meese prepared a "false account" of Reagan's role in authorizing the arms sales, and, fearing impeachment
of the president, conspired with other top officials to maintain the cover story. Meese, who denies involvement in a cover-up,
could not be reached for comment.
The cover-up culminated in a Nov. 24, 1986, meeting, led by Meese and
attended by Reagan, Bush, then-Secretary of State George P. Shultz, and Weinberger, Walsh has said. Meese told the gathering
there was no evidence that Reagan authorized the two illegal arms sales.
The Walsh report says everyone
at the meeting, including Bush, knew or should have known Meese's statement was false. The final report, according to
AP, states: "The president's most senior advisers and the Cabinet members on the National Security Council participated
in the strategy to make McFarlane, Poindexter and North the scapegoats whose sacrifice would protect the Reagan administration
in its final two years."
Former national security adviser Robert McFarlane pleaded guilty to four
misdemeanors and was among those pardoned by Bush. McFarlane's successor, Adm. John M. Poindexter, was convicted of five
felonies, and Lt. Col. Oliver North was convicted of three felonies, but Poindexter and North had their convictions overturned.
Related: "The Final Report of the Independent Counsel for Iran-Contra Matters"
PERSON: RONALD REAGAN (83%); GEORGE H W BUSH (67%); GEORGE
W BUSH (60%); GEORGE H W BUSH (54%);
COUNTRY: IRAN (94%); UNITED
STATES (93%); NICARAGUA (92%);
STATE: MASSACHUSETTS, USA (79%);
COMPANY: NATIONAL SECURITY ARCHIVE (58%);
SUBJECT: LAWYERS (91%); JOURNALISM (89%); ARMS
TRADE (89%); JUSTICE DEPARTMENTS (89%); PETITIONS (77%); JUDGES (77%); US PRESIDENTS (76%); MILITARY
WEAPONS (76%); COMPANY REVENUES (75%); FREEDOM OF PRESS (74%); RESEARCH REPORTS (74%); NATIONAL
SECURITY (73%); HOSTAGE TAKING (73%); REPORT IRAN NICARAGUA WEAPON PROBE RONALD REGAN GEORGE BUSH NAME-WALSH
LOAD-DATE: November 29, 1993
LANGUAGE: ENGLISH
Copyright 1993 Globe
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