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    "title": "Iran/Arms Transaction: North/Poindexter Classified Discovery Request (13)",
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        "Records of the Office of Counsel to the President (Reagan Administration)",
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    "ocrText": "Ronald Reagan Presidential Library\nDigital Library Collections\nThis is a PDF of a folder from our textual collections.\nCollection: Culvahouse, Arthur B.: Files\nFolder Title: Iran/Arms Transaction:\nNorth/Poindexter Classified Discovery Request (13)\nBox: CFOA 1131\nTo see more digitized collections visit:\nhttps://reaganlibrary.gov/archives/digital-library\nTo see all Ronald Reagan Presidential Library inventories visit:\nhttps://reaganlibrary.gov/document-collection\nContact a reference archivist at: [email protected]\nCitation Guidelines: https://reaganlibrary.gov/citing\nNational Archives Catalogue: https://catalog.archives.gov/\nTHE WHITE HOUSE\nWASHINGTON\n&\nDate: 1/17/89\nFOR:\nArthur B. Culvahouse, Jr.\nFROM:\nWILLIAM J. LANDERS\nAssociate Counsel to the President\nThe comment not only is untrue, it is\nimpossible to \"reclassify\" material in\nthe public domain. There is no authority\nfor it, nor would it meet the criteria\nfor classification in E.O. 12356.\nTHE WHITE HOUSE\nWASHINGTON\nDate: Qaiy\nTO: Bill Lander,\nFROM: ARTHUR B. CULVAHOUSE, JR.\nCounsel to the President\nSee Miami Herold\nFYI:\non page 2. Is this\nCOMMENT:\ntime\nACTION: ? No\nU.S. Department of Justice\nOffice of Public Affairs\nPM\nNews Summary for\nThe Attorney General\nTHURSDAY AFTERNOON, JANUARY 12, 1989\nIRAN/CONTRA\nPAGE\nAG Thornburgh affidavit certifies that threatened\nexposure of U.S. secrets forced government to drop\nkey North charges (UPI)\n1\nDocuments government withheld from prosecutors\nreportedly named Latin American government officials\nworking for CIA (Mi. Her.)\n2-3\nLos Angeles Times profiles lead prosecutor of North\n4-5\nAtlanta Constitution: Waiting on Attorney General\nThornburgh\n6\nMiami Herald cartoon\n7\nBUSH CABINET\nPresident-elect Bush names former education secretary\nBennett to drug czar post; James Watkins as energy\nsecretary (UPI, AP)\n8-10\nBush's Veteran's Affairs nominee reportedly tipped\nSouth Korea on defector (LA Times)\n11-12\nBush expected to quickly establish panel on ethics\nlaws (LA Times)\n13\nSOLICITOR GENERAL\nCharles Alan Wright reported to be top prospect for\nSolicitor General post (AP)\n14-15\nNERVE GAS\nCustoms agents today arrested Korean-American for\nconspiracy to buy nerve-gas weapons for export (AP)\n16\nNFL\nAP reports Gene Upshaw, executive director of the NFL\nPlayers Association, faces possible criminal tax charges\n17-18\nDRUGS/DRUG TESTING\nPAGE\nLabor survey finds fewer than one worker in 100 was\nchecked for drug use last year (LA Times)\n19\nTwo California cocaine suppliers sentenced to lengthy\nfederal prison terms (LA Times)\n20\nIMMIGRATION\nCentral American refugees stranded in Texas head for\nFlorida; Miami city manager closes stadium door to new\narrivals; Sen. Bentsen assails INS refugees' travel\nrestrictions (Mi. Her.)\n21-23\nCalifornia INS officials expect 300,000 immigrants to\ntake exam for citizenship (LA Times)\n24\nSuicide of Marielito at Leavenworth spurs fear of\nmore suicides (Kansas C-S)\n25\nINS systems chief successfully automates immigrant\nlegalization (Federal Computer Week)\n26\nWALL STREET\nFormer jurors at GAF trial say they distrusted\ngovernment's chief witness (LA Times)\n27\nNational Review: RICO run amok\n28\nJUDICIARY\nLegal Times analysis of President Reagan's judicial\nlegacy\n29-31\nIN OTHER NEWS:\nStock fraud: New Jersey con artist gets 12 years for\npenny stock fraud (Newark S-L)\n32\nBribery: Government witness in federal grand jury probe\ncharged with bribery attempt (Mi. Her.)\n33\nSedition: Defense lawyer tells jury woman accused of\nplot to overthrow government is innocent (Hart. Cour.)\n34\nCOMMENTARY\nNational Review: Mayor Barry's legacy\n35\nMiami Herald: Put guilty in prison\n36\nUPI\nup054\nr W\nUNITED PRESS INTERNATIONAL\nbc-iranarms:1pes sked 1-1201\nThornburgh certifies need to protect secrets\nBy GREGORY GORDON\nWASHINGTON (UPI) -- In a sealed affidavit, Attorney General Dick\nThornburgh certified Thursday that the threatened exposure of U.S.\nsecrets forced the government to drop two key Iran-Contra charges\nagainst Oliver North.\nThornburgh and independent prosecutor Lawrence Walsh filed\ndeclarations in response to U.S. District Judge Gerhard Gesell's\ndemand Monday for a formal statement that the decision to withhold\nclassified information was made at the highest levels of government.\nWalsh, who has spent more than two years and $12 million in\ntaxpayers' money investigating the Iran-Contra scandal, asked Gesell\nJan. 5 to dismiss the two main charges against ex-White House aide\nNorth because the administration had refused to declassify data\nneeded for the case.\nNorth still faces trial Jan. 31 on 12 other criminal counts\ncharging him with obstructing Congress, shredding documents and other\nimproprieties during his secret campaign to arm the Nicaraguan Contra\nrebels.\nIf convicted of all those charges, he could face up to 60 years in\nprison and $3 million in fines.\nThe counts being dropped accuse North of conspiracy and theft of\ngovernment property in his role in the controversial diversion to the\nContras of about $14 million in proceeds from U.S. arms sales to\nIran.\nLast week, Thornburgh said he agreed with the decision of an\ninter-agency committee of intelligence experts to bar release of the\nclassified documents, saying that national security secrets would be\nexposed at trial.\nWalsh contended to the judge at a Monday hearing that no\ncertification from the administration was necessary because he was\nsimply exercising his prosecutorial right to drop charges because he\nlacked sufficient evidence to proceed. However, he agreed to comply\nwith the court's request for a justification from Thornburgh for the\ndecision.\nGesell was expected to act promptly on the request.\nJames Wieghart, a spokesman for Walsh, declined comment Thursday\non a report by the Knight-Ridder News Service that the withheld\ndocuments include the names of several Latin American government\nofficials who work for the CIA. The exposure of those ties,\nKnight-Ridder said, could disrupt U.S. intelligence activities in\nseveral countries.\nDespite contentions from North's lawyers that classified\ninformation also pervades the rest of the case, they have served\nsubpoenas on President Reagan, Vice President George Bush, Secretary\nof State George Shultz and more than 70 other administration\nofficials -- including about 40 from the CIA, sources say.\nThe prospects of a trial going forward appear to hinge, in large\npart, on how Gesell rules on North's arguments that he must use much\nof the same classified information to defend himself on the other 12\ncharges.\nAn administration official familiar with the case predicted this\nweek that the case now can proceed to trial, perhaps even as\nscheduled.\nGesell plans to begin considering North's arguments at a hearing\nFriday. Walsh is expected to lay out the theory of his case,\ncontending it is narrow in scope and will not require a broad\ndefense.\nupi 01-12-89 01:54 pes\nI\nThe Miami Herald\nATE: 1-12-89\nPAGE:\n/A\nU.S. feared North's documents\nwould reveal CIA Latin contacts\nNorth in the past or participated in\nThey said the foreign officials as-\nBy ALFONSO CHARDY\nthe 1987 congressional investiga-\nsisted North because they believed\nHerald Washington Bureau\ntion into the Iran-contra affair. One\nthat North and his lieutenants were\nWASHINGTON - Documents\nof the sources is a senior administra-\nacting with official U.S. approval.\nwithheld by the Reagan administra-\ntion official who advises the State\nFor example, in March 1986 the\ntion from the prosecution of former\nDepartment and the White House\nthen CIA station chief in Costa Rica\nLt. Col. Oliver North include the\non Central American security poli-\n- Joe Fernandez - brought Piza\nnames of several Latin American\ncy.\nand his wife to Washington to meet\ngovernment officials who work for\nCountries listed in the docu-\nwith North and then with Reagan, if\nthe Central Intelligence Agency,\nments, the sources said, include\nonly to have their picture taken with\nsources close to the Iran-contra\nCosta Rica, El Salvador and Venezu-\nthe American president. Walsh also\nprobe say.\nela where - respectively -\ncharged Fernandez in the Iran-con-\nWhile many of the withheld docu-\nNorth's contra resupply network\ntra criminal case, but subsequently\nments detail incidents that are al-\nbuilt an airstrip, controlled part of\n?\ndropped the charges because Fer-\nready known publicly, the adminis-\nan air base and attempted) to buy\nnandez worked at CIA headquarters\ntration fears that even a\nmilitary aircraft\nin Virginia, not in the District of Co-\ncircumspect discussion of the epi-\nNorth's activities in these coun-\nlumbia, where Walsh has jurisdic-\nsodes in an American courtroom\ntries were central to Walsh's legal\ntion.\nstrategy to show that the former\n\"If you ask Piza whether he\nmight expose the Latin American\nNational Security Council aide con-\nthought Reagan supported North's\nofficials' links to the CIA and disrupt\nspired to defraud the United States\nactivities, he probably would have\nU.S. intelligence activities in sever\nand steal government property by\nconcluded that he did,\" a senior ad-\nal countries, the sources said.\nusing the profits from arms sales to\nministration official who once\nOne source said some of the with-\nIran to purchase supplies for the\nworked closely with North said.\nheld documents previously had been\ncontras. Those are the charges\nPiza and other Costa Rican securi-\ndeclassified during congressional in-\nWalsh now wants withdrawn.\nty officials, whose names remain se-\nvestigations of the Iran-contra af-\nIn each case, the sources said,\ncret, assisted North and Fernandez\nfair, but were subsequently reclassi-\nWalsh has documentary evidence -\nin building an alternate contra re-\nfied in an effort to limit discussion of\ninvoices, receipts and other legal pa-\nsupply airstrip in northern Costa Ri-\nthe incidents.\npers - showing transactions in-\nca where supply aircraft could land\nThe administration's refusal to ak\nvolving Iran arms sales profits to\nfor refueling and repairs after deliv-\nlow the documents to be used in\npurchase contra supplies.\nering weapons to the contras inside\nNorth's prosecution forced Iran-\nDeclassification of the documents\nNicaragua.\ncontra special prosecutor Lawrence\nprobably would shed little light on\nWalsh to ask that the two major\nwhether President Reagan autho-\nAlso key to Walsh's case was the\ncharges against North be dismissed.\nrized North to help the contras, the\nassistance Bustillo, the Salvadoran\nsources said. But it would almost\ngeneral, gave North. Between 1985\nU.S. District Judge Gerhard Gesell\ncertainly expose Latin American se-\nand 1986, Bustillo authorized North\nis expected to act on that request\ncurity officials who collaborate with\nand his contra resupply aides to use\nthis week.\nthe United States in covert opeΓa-\na section of El Salvador's principal\nGesell also has suggested that\ntions, the sources said.\nair force base - llopango - for air\nother charges against North might\nSome of the officials, the sources\nresupply drops to the contras inside\nbe in jeopardy because of the refusal\nsaid, are CIA assets - on the pay-\nNicaragua.\nto permit use of the documents.\nroll of the Central Intelligence\nA third significant element in\nAll of the sources consulted for\nAgency - who systematically as-\nWalsh's case was North's efforts to\nthis article are either familiar with\nsist the United States in specific\npurchase the resupply aircraft\nsome of the documents or with the\nprojects to collect intelligence or\nlaunched from Ilopango. As part of\nlegal strategies of Walsh and\ncarry out operations to further or\nthe evidence, Walsh planned to\nNorth's defense team.\nprotect American interests in the\nshow that in November 1985 North\nSome of the sources are closely\nregion.\nand one of his co-defendants, Rich-\ntied to North's defense team while\nAt least two of them - Gen. Juan\nard Secord, sent one of Secord's as-\nothers either worked closely with\nRamon Bustillo, commander of the\nsistants to Venezuela to buy military\nSalvadoran air force, and Benjamin\naircraft from the Venezuelan air\nPiza, a security expert and former\nforce.\nCosta Rican security minister -\nwere linked to North after the Iran-\ncontra affair broke in 1986, but the\nnames of at least a dozen other\nagents and collaborators have never\nbeen publicized, the sources said.\ncont\n2\nIn a document entitled \"Proof of\nThe congressional report issued\nthe Charges\" which Walsh filed in\nin September suggests that Assis-\nfederal court Dec. 5, the special\ntant Secretary of State Elliott\nprosecutor, who did not identify\nAbrams played a role in the effort.\nVenezuela by name, says that when\nAn entry in North's notebook for\nSecord's assistant, Richard Gadd,\nNovember 1985, the congressional\n\"encountered resistance from [dele-\nreport says, records a request from\nted] North used his influence as a\nNorth to Abrams to tell a Latin\nrepresentative of the United States\nAmerican country that \"ACE [a\ngovernment to vouch for Gadd's\nshell company set up by Richard\nbona fides with the government [de-\nGadd to hold title to the aircraft for\nleted].\"\nthe resupply operation] is OK.\"\nWhile Walsh attempted to protect\nAbrams declined comment\nVenezuela's identity in his filing, the\nthrough a spokesman who said his\nincident was outlined in a 1,002-\nboss cannot discuss an ongoing\npage supplementary report issued\ncriminal investigation. North's law-\nin September 1988 by the congres-\nyers have subpoenaed Abrams as a\nsional Iran-contra committees. The\nwitness and Walsh himself was plan-\nreport is one of several, generally\nning to summon Abrams to testify\nunheralded supplements that the\nagainst North.\ncommittees have released since\nThe November 1987 final Iran-\ntheir \"final\" report was made public\ncontra congressional report said\nin November 1987.\nthat Abrams denied \"any knowledge\nIn the September supplement,\nof the planes belonging to the Latin\nVenezuela is openly identified as the\nAmerican country's air force.\"\ncountry where North tried to buy\nThe final Iran-contra report notes\nthe aircraft.\nthat it was the \"logistics director\"\n\"Around November 1985,\" the\nof the Venezuelan air force that ob-\ncongressional report says, \"Gadd lo-\njected to the sale of the airplanes be-\ncates three C-123 aircraft for pur-\ncause he feared that the aircraft\nchase for the resupply operation.\nSecord tells Gadd that the cost will\nwould be used for drug-trafficking.\nThe report did not identify the logis-\nbe paid by 'donation.' Gadd arranges\ntics director by name.\nto tell Secord the price, after which\nUltimately, efforts to buy the\nSecord will transfer the funds to the\nVenezuelan aircraft failed and the\nseller. North intercedes to help the\nNorth network purchased the re-\nsale by 'a letter, a message or\na\nsupply planes in Canada and the\ntelephone call to\nthe American\nUnited States.\nembassy in Caracas, Venezuela.\"\n3\nLos Angeles Times\nDATE:\n1-12-P4\nPAGE: PA.V P.1 PA.V\nThe Man Who Would Prosecute Oliver North Is a Marine\nVeteran Known for His Tough Courtroom Stance\nBy DAN MORAIN, Times Staff Writer\nAs pretrial maneuvering continues, law-\nhe can make more in a good hour in San\nyers who know Keker say that if anyone\nFrancisco than the special prosecutor pays\nS\nAN FRANCISCO-John Keker was a\ncan bring the case to trial, it is Keker. After\nin a day. Walsh's trial attorneys are paid at\nyoung second lieutenant commanding\nalmost 20 years on the defense side of the\na rate of $278 a day.\na platoon of 60 Marines in Vietnam 23\nwell, he will play the part of a prosecutor\nTwo years ago. as outlines of the Iran-\nyears ago when an enemy bullet shattered\nfor the first time in the most important case\nContra scandal emerged, Keker sought a\nhis elbow and left it permanently disabled.\nof his career.\njob with Walsh. Driven not only by a\nNow, the retired Marine is enmeshed in a\nThe drama of it all is not lost on him.\nlong-held interest in the secret workings of\ndifferent sort of combat. His target is\n\"When you go to court,\" he said, \"you\ngovernment but also by simple curiosity.\nanother bemedaled Marine veteran, the\nget a chance to be a hero, which is a thing\nhe thought it would be \"fun\" to find out\none President Reagan has called a national\nthat most people repress the desire for. You\nwhat really happened in the worst foreign\nhero.\nalso get a chance to fail enormously.\npolicy failure of the Reagan Administra-\nWith a Washington courtroom as the\n\"That sort of edge is something that\ntion.\nbattlefield, Keker, 45, is leading the effort\npeople who are trial lawyers usually like.\nto prosecute retired Lt. Col. Oliver North in\n\"You get a chance to do the right thing.\n'He Really Was Offended'\nwhat would be the first criminal trial to\nYou get a chance to do it in a stylish way.\"\n\"The political and legal implications\ncome of the Iran-Contra scandal. Semper\nstruck me as enormous,\" Keker said.\nfidelis aside, if Keker has any loyalty\nthough he won't say anything beyond that\ntoward a fellow Marine in distress, it does\nIn the infantry. Keker and North had\nabout North or the trial. \"He'll have his day\nnot show.\nsimilar experience in war. Both led pla-\nin court. That's what everybody is entitled\n\"What North has been doing for the last\ntoons in especially bloody battles. Both\nto. What he has to say. what I have to say,\nfive years has, as far as I'm concerned,\nwere wounded and awarded Purple Hearts.\nwill be said in the courtroom.\"\nnothing to do with the Marine Corps,\"\nNorth won a Silver Star for heroics in 1969.\nKeker's friends say he wanted the job\nKeker said in a recent interview at his San\nAfter Vietnam, however, they took very\nbecause he was appalled by the whole\nFrancisco office before shuttling back to\ndifferent paths.\nmessy affair.\nWashington.\nKeker rarely talks in any detail about\n\"What motivated him.\" Brockett said,\nVietnam. fends off questions about his\n\"was that he was offended by what North\nSimple and Direct Reason\nwound with a quip, and has a hard time\nhad done, rather than a desire to become\nWhen independent counsel Lawrence E.\nimagining a cause worth the high price of\nfamous in his time. I think he really was\nWalsh selected Keker last month to lead a\nwar.\noffended.\"\nteam of three lawyers who will prosecute\n\"I don't like flag-waving. That's not\nTo get the job, Keker turned to Charles\nthe former White House aide, he had a\nwhat I am,\" said the San Francisco Demo-\nRenfrew, an executive of Chevron Corp.,\nsimple and direct reason for tapping him.\ncrat, whose firm has taken on such pro-\nwho, like Walsh, had been a federal judge\n\"The general feeling here is that he's one\nbono causes as fighting random drug\nand deputy U.S. attorney general, serving\nof the top trial attorneys in the country,\"\ntesting of college athletes. \"Anybody who\nduring the early years of the Reagan\nsaid James G. Wieghart, spokesman for the\nwants to be a flag-waver can wave the flag.\nAdministration.\nspecial prosecutor.\nIt seems to me that it papers over things\n\"I wrote to Ed that if I were in his spot\n\"John Keker is genuine-tough, the sort\nthat need to be talked about.\"\nputting together a staff. the first lawyer I\nof person you would want with you if you\nwould hire is John Keker.\" Renfrew said,\nwere in a tough spot,\" said William\nBy the time Keker recuperated from his\ncalling him \"uncanny in a courtroom.\"\nBrockett, a Yale Law School classmate of\nwounds in 1966, he was convinced that the\n\"It came as no shock to me that John\nKeker, his partner in a flourishing litigation\nwar was a mistake. He retired from the\nwould try the case,\" Renfrew added.\nfirm, and a Vietnam veteran himself.\nMarines as a first lieutenant. spent his\n\"You're just going to shoot with your best.\"\nAnd Walsh is in a tough spot, indeed. In\nsavings traveling with his wife in Europe,\nthe past week, it has become less clear that\nand returned to enter Yale where he made\n'Give No Quarter, Ask No Quarter'\nthere will even be a prosecution. Walsh\nthe law review, and dabbled in liberal\nIn a courtroom, Keker's style is one of\nwas unable to persuade Reagan Adminis-\npolitics of the times.\n\"give no quarter. ask no quarter,\" says\ntration officials to declassify documents\nAfter graduating, he worked as a law\nWilliam T. McGivern Jr., chief assistant\nthat North claims to need in his defense,\nclerk for Chief Justice Earl Warren, then\nU.S. attorney in San Francisco.\nand was forced to ask U.S. District Judge\nGerhard A. Gesell to dismiss two key\nmoved to San Francisco for a job as a\n\"John is probably as unfriendly as\ncharges: conspiracy to defraud the U.S.\ndeputy federal public defender. In 1973, he\nanyone you can deal with while the case is\nwent into private practice, and he built a\ngoing on,\" said Palmer Kelly, an assistant\ngovernment and theft of $14 million in\nproceeds from arms sales to Iran to help\nreputation by specializing in white-collar\nU.S. attorney in Austin, Tex., who won a\ncriminal defense and business litigation.\nconviction against a client of Keker's, a\nfinance U.S.-backed Contras in Nicaragua.\nHis success is reflected by Keker &\nlawyer who helped a drug dealer launder\nDispute Over Classified Papers\nBrockett's office, once a warehouse for\nmoney. Kelly placed Keker on a list of the\nNorth's attorney, Brendan V. Sullivan\nwine, later a bawdy nightclub, now a brick\nthree top lawyers he has ever faced.\nJr., claims he needs classified documents to\nand open-beamed showcase where Calisto-\n\"[Sullivan] will try to smoke up the\ndefend against the dozen charges that\nga, not aged coffee. is offered to visitors.\ncourtroom and throw the jury off the trail.\nremain, and is trying to persuade Gesell to\nKeker won't discuss his fees, except to say\nKeker has got to blow the smoke out of the\ncourtroom. Being one of the better 'smoke'\nthrow out the rest of the case. In a hearing\nset for Friday, Keker will step forth to\nlawyers himself is certainly going to help.\"\nargue that there is no need for classified\nKelly said.\npapers in the pared-down trial.\n4\ncont'd.\nThe firm that Keker formed with\nNewly married to his high school\nBrockett a decade ago has fewer\nsweetheart, Christina Day, Keker\nmonths in Bethesda Naval Hospi-\nthan 20 lawyers, but nonetheless is\narrived at Camp Pendleton that\ntal, Keker retired from the Ma-\noften mentioned in legal publica-\nJanuary, figuring to enjoy\nrines. He entered law school that\ntions as one of the best litigation\nSouthern California. Twenty-eight\nfall. He was, he said, a \"concerned\nfirms in the country.\ndays later he was on a ship bound\ncitizen\" who was involved in \"bits\nKeker & Brockett built its repu-\nfor Vietnam.\nand pieces\" of campus activism,\ntation by winning cases for people\nWhen he joined the Marines and\nthough his age and experience set\ncharged with white-collar crime,\nrealized that there was a chance\nhim apart.\nlater by handling complex business\nthat he would go to war, Keker\n\"I felt like an old man. I had a\ncases, and more recently by repre\ndropped his desire to fly and chose\nwife and a kid,\" said the father of\nsenting lawyers in malpractice\nthe infantry. The decision had to do\ntwo sons, ages 20 and 17.\nsuits.\n\"We were veterans. We respect-\nKeker has had his share of\nwith his concept of fair fights, he\ned other veterans,\" Brockett add-\nglamour cases. He successfully de-\nsaid.\ned.\nfended George Lucas in a suit\n\"I really didn't want to be in an\nOn Fire Commission\naccusing Lucas of stealing the\nairplane dropping bombs on people.\nconcept of the Walkers in the\nIt seemed somehow impersonal. If I\nLike Brockett, who once quit law\n\"Empire Strikes Back.\"\nwas going to kill somebody, I'd\nto play poker professionally, Keker\nOn leave from Walsh's staff last\nrather do it face to face. It just made\nhas, on occasion, felt a need to do\nyear, the Ivy League-educated San\nme more comfortable. It seemed\nmore than represent clients. He ran\nFrancisco sophisticate questioned\nmore human to fight as an infantry\nunsuccessfully for the San Francis-\nexperts on such bucolic topics as a\nplatoon leader.\nCO Board of Supervisors in 1977.\ncow's rumen, and ended up with an\n\"The idea of being in charge of a\nMayor Art Agnos recently appoint-\n$8-million libel verdict on behalf of\nplatoon is a much different experi-\ned him to the San Francisco Fire\na rancher who claimed that the\nence than just flying an airplane. I\nCommission. He says he'd like to\nUniversity of California falsely ac-\nmust say that to be responsible for\nhave influence in national issues,\ncused him of poisoning his live-\na platoon, 60 Marines, and all that\nbut has no desire to leave his\nstock.\nthat entails, that is a big deal. I\nchosen city.\nIn 1986, Keker defended San\ndon't think it gets any bigger than\n\"Washington is a one-industry\nFrancisco society figure and archi-\nthat.\"\ntown. The one industry is very\ntect John (Sandy) Walker against\nIn July, 1966, as the war escalat-\ninteresting. But the diversity of\nvehicular manslaughter charges.\ned, the Marines began Operation\nways of thinking, the things that\nWalker's blood alcohol count was\nHastings, their first foray to the\npeople are interested in, are just not\n.14%, and he was speeding along\nDemilitarized Zone. \"At least, they\nthere. It's remarkable how much\nnarrow Silverado Trail in the Napa\nhadn't gone in officially\" before. he\nit's not there.\nValley wine country in June, 1984,\nsaid. It was their largest and most\nAll the things that people\nwhen he lost control of his Mer-\nviolent battle up to that point in the\nmake fun of California for are\ncedes. His passenger, a 26-year-old\nwar, according to a Marine spokes-\nthings that I like about California. I\nwoman, died.\nman.\nwould not want to live in a place\nKeker brought in a world-class\n\"We dealt with mines; we dealt\nwhere you're not exposed to some\nwith small attacks. But this was the\nrace car driver who had helped\ndesign the Mercedes brake system\nfirst knock-down, drag-out fight\nof the dizziness that is here. I'm not\nto testify that the 368 feet of skid\nthat we had been in. This was the\npart of the dizziness, but I like it\nproved that a brake malfunction\nfirst bloody, awful battle. And it\naround.\"\nwas to blame for the fiery crash.\nwas-awful.\nBy the time I was\n\"He created a theory out of thin\nwounded, about half the platoon\nair. There was evidence that the\nwas dead or wounded.\"\ncar was going in excess of 90. The\nIn all, 126 Marines died. Keker\ncar went airborne, hit an oak tree,\nwas among 448 who were wounded.\nthen uprooted a second oak tree.\"\nHe will not talk in detail about it.\nsaid Mark Pollack, the prosecutor.\n\"There is no way,\" Keker said,\nThough he lost the case, Pollack\n\"that a person who has been in\nwas effusive in his praise of Keker,\ncombat can talk about being in\nsaying that he has \"developed his\ncombat, especially in this day and\nskill to the level of an art form.\nage, especially in relation to the\n\"It was a pleasure opposing him.\"\nVietnam War, especially to some-\nbody who has not been in combat,\nsomeone who hasn't been in Viet-\nKeker began his military service\nnam.\nwith an ROTC scholarship to\n\"You end up making yourself out\nPrinceton. He had hoped to become\nto be a hero or, to the contrary, you\na pilot. But when the Navy asked\nmake yourself out to be someone\nthat he become a submarine officer,\nwho is anti-war, or something. The\nhe became angry and took what he\ntruth is, you're a jumble of all of\nsaw as his one the Marines.\nthat.\nAfter graduating cum laude from\n\"It's sort of nobody's business.\"\nPrinceton, he went to Quantico,\nIn February, 1967, after six\nVa., for training. There, in Decem-\nber, 1965, he finished with the\nhighest rating in a class of 400\nsecond lieutenants-\"one of my\nproudest accomplishments,\" he\nsays.\n5\nT. E ATLANTA CONSTITUTION\nDATE:\nPAGE:\nWaiting On Attorney General Thornbu. gh\nNever take a federal judge for granted.\nTechnically. the Judge acted to ensure\nthat the provisions of the 1980 Classified In-\nAfter the Reagan dministration refused\nformation Procedures Act are carried out. It\nto permit portions of some classified docu-\nis clear, however, that his aim is to affix re-\nments to be used in the trial of Oliver\nsponsibility for dismissal of the charges on\nNorth. independent prosecutor Lawrence E.\nthe man who heads the intelligence commit-\nWalsh requested that the central counts of\ntee that unanimously turned thumbs down\ntheft and conspiracy be dropped. Judge Ger-\non the court's request. Can it be that the\nhard A. Gesell was expected to go along\njudge suspects that the administration's cry\nwithout a peep.\nof national security is less than bona fide?\nBut the Judge has declined to dismiss\nInterviewed last Sunday on television,\nthe counts until Attorney General Richard\nMr. Thornburgh confessed that he had not\nL Thornburgh supplies an affidavit declar.\nactually read the documents that his com-\ning that the documents cannot be entered\nmittee so definitively pronounced upon.\ninto evidence without endangering national\nPerhaps now he will be encouraged to take\nsecurity.\na look\nb\nOne Heralo\nLATE: 1/12/81\nPAGE: 27A\nMANEY\nChicag Tribuse\nHELL NO YOU CAN'T\nDIVERT MY LEGAL FEES\nTO THE CONTRAS.\nWALSH\nSTATE\nDXO\n7\nJPI\nUNITED PRESS INTERNATIONAL\nup062\nUW\nbc-transition:225pes ld-multitakes 1-1211\nurgent\n(complete writethru bush names watkins and bennett)\nBy JOSEPH MIANOWANY\nUPI Political Writer\nWASHINGTON (UPI) -- President-elect George Bush filled the\nremaining Cabinet-level posts for his adminstration Thursday,\nselecting retired Adm. James Watkins as energy secretary and former\nEducation Secretary William Bennett to lead the battle against drugs.\nThe vice president, citing the challenges both men will face,\npromised that his administration would be actively involved in trying\nto deal with the problems currently plaguing the nation's nuclear\nweapons facilities and in attempting to lessen America's drug\nproblem.\nHe said that developing energy sources was not inconsistent with\nprotecting the environment and, in an apparent attempt to calm the\nfears of oil and gas interests, contended it was essential for the\nnation to not rely on any single source of power.\nBush said drugs are as \"serious as any problem we're likely to\nface in the years to come.\"\n\"We are at war. Drugs are a terrifying, insidious enemy, Bush\nadded, contending they posed a threat that \"reaches deep into our\nnation's soul.'\nThe president-elect added he would be \"personally involved\" in the\nfight.\nThe selection of Watkins, a former chief of naval operations and\ncommander in chief of the U.S. Pacific Fleet, was Bush's 14th and\nfinal Cabinet choice, completing the team that will take over the\nhelm of government Jan. 20.\nThe 61-year-old has an extensive background in nuclear power -- an\nexpertise that Bush is hoping will help him deal with the biggest\nproblems facing the Energy Department.\nBennett, 45, is an ardent conservative who developed a reputation\nas being tough-talking and outspoken when he served as President\nReagan's education secretary from February 1985 to last September.\nThat post, often referred to as the nation's \"drug czar,\" is\nconsidered to hold Cabinet rank.\nShortly after announcing the selections, Bush scheduled his first\nCabinet meeting, calling together all 14 department heads to review\nthe tasks ahead.\nThe Senate is planning to begin confirmation proceedings for the\nCabinet members next week, although it is not expected that all the\nmembers will be cleared until at least next month.\nIronically, the two posts Bush announced Thursday were to head two\ndepartments that President Reagan had at one time wanted to\neliminate.\nThe energy job has been the toughest to fill for Bush, who\nreviewed what aides described as several \"short lists\" of names for\nthe job. The vice president, a former Texas oilman, was believed to\nbe torn between choosing someone between candidates with backgrounds\nin oil and gas or nuclear power.\nEventually, Bush came down on the side of a nuclear background,\nand Thursday cited the nuclear-related tasks facing the Energy\nDepartment.\n8\nContid\nOne of the most pressing concerns is how to deal with the nation's\ndecrepit nuclear weapons plants, which the agency administers for the\nPentagon. The factories, dating from the 1950s, are not only in\ndisrepair but plagued by environmental problems. Some key facilities\nare shut down, and repair and cleanup costs have been estimated in by\ncongressional leaders to exceed $100 billion.\nThe department also faces troubles in finding a permanent and safe\nplace for the mountains of radioactive waste piling up across the\nnation in temporary storage.\nBennett, meanwhile, will be in charge of coordinating the federal\nfight on drugs, which both Republicans and Democrats said during the\ncampaign was a top priority for the nation.\n\"Defeatism and despair about drugs simply will not do,\" Bush said\nThursday, contending he was sure that Bennett would attack the\nproblem with the same vigor that marked his stay at the Education\nDepartment, although cooperation with both congressional Democrats\nand Republicans was necessary.\nBush also sidestepped a question about Bennett's smoking habits\nand whether that would hamper his ability to lead the anti-drug\nfight.\nWatkins, described by friends as an able, conscientious officer\nand a \"George Bush-kind-of-guy,\" was also chairman of President\nReagan's controversial presidential commission on AIDS.\nHe was commander of the U.S. Pacific Fleet, with headquarters in\nHonolulu. when he was chosen by Reagan as head of naval operations.\nHis broad experience in undersea craft, as well as conventional\nships, came from his association with Adm. Hyman Rickover, father of\nthe nuclear submarine. Watkins had been a student in Rickover's\nnuclear school and the experience he gained there led to his\nappointment as manager of naval reactors for the old Atomic Energy\nCommission.\nBennett, the chairman of the National Endowment for the Humanities\nbefore he succeeded Terrel Bell as education chief, called the\nnation's attention to troublesome educational problems such as\nstudents' low academic achievements, lack of discipline, values and\nmorals.\nDuring his tenure at the Education Department, he was a lightning\nrod for conservatives in the administration, and the target of\nwidespread praise as well as fierce criticism for his unorthodox\napproaches to educational problems.\nHe was outspoken in criticizing many of the nation's largest\nuniversities for paying more attention to their own self-preservation\nthan the education of students and blamed at least part of the rising\ncosts of attending those schools on the universities.\nAt one point he caused a mild uproar, mainly among young people,\nwhen he argued that many students receiving student loans were using\nthe money for vacations and stereos.\nBut despite the criticism, he never apologized for his approach.\nupi 01-12-89 02:50 pes\n9\nAP\nAssociated Press\nN074\nUW\nBUSH (TOPS N071)\nURGENT\nBY TOM RAUM\nWASHINGTON (AP) PRESIDENT-ELECT BUSH COMPLETED THE TOP RANKS OF\nHIS ADMINISTRATION TODAY BY SELECTING RETIRED ADM. JAMES D. WATKINS TO\nBE ENERGY SECRETARY AND FORMER EDUCATION SECRETARY WILLIAM J. BENNETT\nTO LEAD THE NATION'S FIGHT AGAINST DRUGS.\nBUSH MADE THE ANNOUNCEMENT A FEW HOURS BEFORE HOLDING A\nDRESS-REHEARSAL MEETING OF HIS CABINET AT BLAIR HOUSE, THE GOVERNMENT\nGUEST QUARTERS ACROSS FROM THE WHITE HOUSE.\nIN INTRODUCING BENNETT, BUSH SAID THE NEW POST ''IS A TREMENDOUS\nUNDERTAKING AND THE BOTTOM LINE IS THIS: WE NEED FULLY AND COMPLETELY\nTO MARSHAL THE NATION'S ENERGY AND INTELLIGENCE IN A TRUE, ALL-OUT WAR\nAGAINST DRUGS. WE CAN AND WE MUST WIN THAT WAR.''\nON THE TROUBLES FACING THE NEW ENERGY SECRETARY, BUSH SAID, ''I'M\nCOMMITTED TO SOLVING THE PROBLEMS THAT EXIST WITHIN OUR ATOMIC\nENERGY-DEFENSE COMPLEX. I'M SURE THAT WITH JIM WATKINS BY MY SIDE,\nWE'RE GOING TO DO JUST THAT.''\nWATKINS, 61, WAS R NUCLEAR SUBMARINE COMMANDER BEFORE BECOMING CHIEF\nOF NAVAL OPERATIONS UNDER PRESIDENT REAGAN, A JOB HE HELD UNTIL 1986.\nMORE RECENTLY, HE HEADED A PRESIDENTIAL COMMISSION ON AIDS WHICH LAST\nYEAR RECOMMENDED NEW LAWS TO PROTECT VICTIMS OF THE DEADLY DISEASE FROM\nDISCRIMINATION.\nHE IS CONSIDERED AN AUTHORITY ON NUCLEAR WARFARE. THE ENERGY\nDEPARTMENT FACES A MULTI-BILLION DOLLAR CLEANUP OF THE NATION'S AGING\nAND INCREASINGLY UNSAFE NUCLEAR WEAPONS PLANTS.\nBENNETT, 45, WILL GET THE NEW JOB OF COORDINATING THE GOVERNMENT'S\nWAR ON DRUGS -- A POSITION CREATED BY CONGRESS JUST LAST YEAR. BUSH\nORIGINALLY PLANNED TO GIVE VICE PRESIDENT-ELECT DAN QUAYLE THE JOB, BUT\nTHE LEGISLATION SUBSEQUENTLY PASSED EXPRESSLY PROHIBITED THE VICE\nPRESIDENT FROM THE JOB.\nALTHOUGH THE POSITION IS NOT STRICTLY SPEAKING A CABINET POST,\nBENNETT IS EXPECTED TO HAVE CABINET RANK. THE FORMAL TITLE OF THE NEW\nAGENCY IS THE OFFICE OF NATIONAL DRUG CONTROL POLICY; INFORMALLY, IT\nHAS TAKEN ON THE TITLE DRUG CZAR.\nPOPULAR AMONG CONSERVATIVES, BENNETT SERVED AS REAGAN'S EDUCATION\nSECRETARY FROM 1985 UNTIL LAST SEPTEMBER, WHEN HE LEFT GOVERNMENT TO\nLECTURE AND WRITE.\nBUSH HAD A HARD TIME FILLING BOTH JOBS, THE LAST TOP-LEVEL POSTS IN\nHIS ADMINISTRATION. AIDES SUGGESTED HE VACILLATED ON THE ENERGY POST\nBETWEEN AN OIL-STATE CANDIDATE AND ONE WITH EXPERIENCE IN NUCLEAR\nENERGY.\nAP-WX-01-12-89 1441EST\n10\nLos Angeles Times\nDATE: 1-12-89\nPAGE:\nThe Justice Department and\nPT.Ifg.1\nDerwinski Tipped S. Korea\nCongress at the time were investi-\ngating a scandal that came to be\nknown as Koreagate-covert pay-\non Defector, Then Denied It\nments to members of Congress by\nSouth Koreans in an effort to\ninfluence U.S. policy toward that\nnation.\nBy RONALD J. OSTROW\nand ROBERT L. JACKSON,\nDuring the call, Derwinski\nA panel on which Derwinski was\nTimes Staff Writers\nleaked word of the planned defec-\nthe ranking Republican-the\ntion, government sources said.\nHouse Foreign Affairs subcommit-\nWASHINGTON-Edward J.\ntee on international relations-had\nDerwinski, President-elect Bush's\nEpisode May Haunt Him\nsecretly been in touch with Sohn\nchoice to head the new Department\nNow, on the eve of Senate con-\nand planned to have him testify\nof Veterans Affairs, concealed for\nIrmation hearings on his nomina-\nabout the Korean CIA's involve-\nmore than five years that he had\nNon to head the new Veterans\nment in the scandal. The informa-\nleaked confidential information in\nDepartment, Derwinski's involve-\ntion about Sohn's plan to defect was\n1977 to a South Korean diplo-\nment in the episode and his early\nso sensitive that former Rep. Don\nmat-a leak that federal investiga-\nlack of candor are coming back to\nFraser (D-Minn.), who was chair-\ntors say could have cost the life of a\nhaunt him.\nman of the subcommittee at the\nKorean intelligence officer who\nSen. Alan Cranston (D-Calif.),\ntime, told only one other member\nwas about to defect to the United\nchairman of the Senate Committee\naboutit-Derwinski.\nStates.\non Veterans Affairs, wrote Presi-\nThe next day, the subcommittee\nDerwinski, who served 24 years\ndent-elect Bush last week saying\nwas informed by a Justice Depart-\nin Congress as a Republican from\nthat the charges \"must be covered\nment official that the Korean CIA\nChicago, publicly denied the\nby the FBI in its customary back-\nhad been told of Sohn's intention to\ncharges when they were raised in\nground investigation.\" Cranston\ndefect. After trying unsuccessfully\nasked for a copy of the FBI report\nto warn Sohn, Fraser turned to the\n1978. He dismissed the leak allega-\nbefore the committee's hearing on\nFBI, which dispatched agents to\ntions as \"guilt by association\" be-\ncause he was known to be friendly\nDerwinski's nomination.\nSohn's New Jersey home. They\ntoward anti-communist govern-\nFBI agents already have inter-\nescorted the defector from his\nments, including South Korea's\nviewed the nominee and are ex-\nhome, along with his family, about\nHe refused to testify before a\npected to focus on the incident in\nhalf an hour before Korean CLA\nfederal grand jury that investigated\ntheir background report.\nofficials arrived there to stop the\nThe newly surfaced hearing re-\ndefection.\nAccording to the Senate tran-\nthe matter, and he gave no state-\ncord shows that, in 1983, Derwinski\nment to the House Ethics Commit-\nbelatedly admitted the basic truth\nscript, Derwinski acknowledged\ntee, which also looked into the\nof the allegations. Documents show\nthat he had mentioned the immi-\nepisode.\nthat Derwinski, now an undersec-\nnent defection during a phone\nretary of state, made his first\nconversation with Korean diplo-\nBoth inquiries ended inconclu-\nsively. U.S. officials said that pur-\nadmissions in a closed meeting with\nmats on another subject. He said\nsuing them could have disclosed\nsenators just before he was con-\nthe defector was to be asked to\nsensitive \"sources and methods\" of\nfirmed to his first State Department\ntestify as part of \"an ongoing\npost, as counselor, in March, 1983.\n[subcommittee] investigation\nthe American intelligence commu-\nA transcript of Derwinski's lit-\nwhich I had opposed from the\nnity.\nBut the unpublished record of a\ntle-noticed confirmation hearing-\nbeginning.\"\n1983 congressional hearing shows\nnever printed or published by the\nDerwinski said he had opposed\nthat Derwinski admitted then that\nSenate but found in the National\nthe investigation because \"I felt we\nhe had given the confidential infor-\nArchives-shows that Sen. Clai-\nwere endangering U.S.-Korean re-\nlations at a time of the discussion of\nmation to a Korean diplomat in a\nborne Pell (D-R.L) insisted on\n[U.S.] troop withdrawals.\"\nphone call.\nputting on the public record what\n\"This guy [the Korean defector]\nHe told senators that he never\nDerwinski had told the panel pri-\nmentioned the name of the intend-\nwould have been severely pun-\nvately the day before.\nished or killed, as well ashis fami-\nPell referred to Derwinski's tele-\ned defector and termed his leak\nly,\" a senior law enforcement offi-\nphoned tip to the Korean Embassy\n\"inadvertent.\" He said he never\ncial said recently, noting that\nas \"an error in judgment\" and\ngave the matter \"any serious\nKorean CLA agents arrived at the\nsuggested that Derwinski \"should\nthought.\" Derwinski added that \"I\ndefector's home a half hour after\nsay just what he did [say] to us\nconsidered this [Sohn's planned\nFBI agents had escorted him to\nyesterday in that meeting.'\ntestimony] sort of a grandstand\nsafety.\nPell was referring to charges\ndevelopment at the committee lev-\nThe September, 1977, phone\nthat Derwinski had tipped off the\nel, of which I did not approve.\"\nconversation between Derwinski,\nembassy that Sohn Ho Young, a\n\"I really did not think it would\nwho was in his congressional office,\nhigh-ranking official of the Korean\nhave any complications,\" Derwin-\nand the South Korean Embassy\nCLA, was preparing to defect in the\nski said of the phone call, according\nwas recorded by U.S. intelligence\nface of an imminent transfer from\nto the transcript.\nand helped spark the subsequent\nhis New York base back to South\ninvestigation.\nKorea.\nCont'd.\nWhen asked if he realized that\nof the defection. In a 1980 book\nsecurity. This seriously impeded\nSohn might be in danger as a result\nabout the Koreagate scandal,\nthe panel's inquiry into South Ko-\nof his tip, Derwinski told the sena-\nBoettcher said Derwinski had con-\nrean affairs, he said.\ntors: \"It never crossed my mind. In\ntended that his friendliness toward\nGrand jurors subsequently issued\nfact, I was not aware whether\nSouth Korea had led to the accusa-\nthe defection had actually taken\na sealed report that was given to\ntion and that he had told the staff:\nthe House Ethics Committee.\nplace.\nHindsight is always\n\"I wind up as suspect No. 1 because\nWhen the committee concluded its\nbetter than foresight.\"\nof guilt by association.\"\ninquiry in October, 1978, Rep.\nDerwinski, who has had a repu-\nAccording to Boettcher, Derwin-\nJames H. Quillen (R-Tenn.) told\ntation for candor during his 24\nski reported that, when he was\nthe Associated Press that Derwin-\nyears in Congress and nearly six\ncalled before the grand jury inves-\nyears at the State Department\ntigating the incident, he refused to\nski was \"completely cleared.\"\nrefused to discuss his role in the\nanswer questions, citing the\nBut Chairman John J. Flynt Jr.\nKorean incident with Times re-\n\"speech and debate\" clause of the\n(D-Ga.) said that \"insufficient evi-\nporters this week.\nConstitution, which grants mem-\ndence\" had prevented the commit-\nBill Anderson, a former Chicago\nbers of Congress immunity from\ntee from taking action. And Rep.\nnewspaperman who is assisting\nprosecution for certain activities in\nLee H. Hamilton (D-Ind.), who\nDerwinski during the change in\nthe course of their official duties.\nheaded the inquiry, told the Wash-\nadministrations, described the inci-\nBoettcher wrote also that the\nington Post that \"publication of the\ndents as \"an 11-year-old story, a\nDepartments of State, Justice and\nevidence [held by the intelligence\nnon-event.\"\nDefense and the CIA had stopped\ncommunity] would jeopardize in-\n\"He was not charged with any\nproviding classified material to the\ntelligence sources and methods.\"\nillegal or unethical conduct,\" An-\nsubcommittee for six months be-\nFlynt died in 1985. Hamilton\nderson said. \"That's the operative\ncause of the unresolved breach of\nrefused to discuss the case this\ncomment.\"\nweek.\nAn attorney who represented\nDerwinski at the time refused to\ndiscuss the case.\nSheila Tate, a spokeswoman for\nthe Bush transition office, said:\n\"Any questions that arise will be\nanswered by Mr. Derwinski at his\nconfirmation hearings.\" She added:\n\"I am not privy to any FBI infor-\nmation.\"\nAccording to the 1983 transcript,\nmembers of the Senate panel com-\nmended Derwinski on his admis-\nsion and said they were willing to\nforgive one instance of \"poor judg-\nment\" when matched against 24\nyears of congressional service.\nIssue Raised by Cranston\nDerwinski last week paid a cour-\ntesy visit to Cranston, who will\npreside over his confirmation hear-\nings. During their meeting, Cran-\nston raised the Korean issue, and\nDerwinski neither admitted nor\ndenied tipping off the Koreans,\naccording to an individual who was\npresent. He was \"rather vague\"\nabout it, this source recalled.\nRobert Boettcher, former staff\ndirector of the subcommittee on\nwhich Derwinski served, said Der-\nwinski had been angry when he\nwas accused of having leaked word\n12\nLos Angeles Times\nDATE:\nPAGE: Fi, 19.1\nfirst hundred days that have beer\nBaran said the panel would be\nBush to Quickly\nthe subject of virtually nonstop\nasked to prepare a recommendation\nmeetings among Bush aides over\nwithin about 30 days that will be\nthe last few days. Bush plans to\n\"broader in its scope\" than the\nEstablish Panel\ndiscuss some of those initiatives\nfailed ethics bill.\nwith the members of his Cabinet-\nThe bill Reagan vetoed would\nto-be in a meeting today.\nhave restricted for the first time\non Ethics Laws\nBefore the meeting, Bush hopes\npaid lobbying by former members\nto announce the last of his Cabinet\nof Congress and their top aides. It\nmembers, a secretary of energy.\nalso would have tightened lobbying\nBy JAMES GERSTENZANG\nSources on Wednesday listed sev-\nrestrictions on former White House\nand CATHLEENDECKER,\neral possible candidates, chief\nofficials and others who leave jobs\nTimes Staff Writers\namong them Adm James D. Wat-\nin the executive branch of govern-\nkins, who last year chaired a highly\nment.\nWASHINGTON-In his first\nregarded commission on the AIDS\nBaran said the commission would\ndays in office-and possibly on\ncrisis. Congressionmal sources also\nInauguration Day itself-George\ngo beyond \"post-employment con-\nsaid Harold Agnew, a nuclear\nBush will establish a bipartisan\nflicts\" and would examine all as-\nphysicist and former director of the\ncommission to examine the full\npects of government ethics.\nLos Alamos National Laboratories,\nscope of ethics laws that govern\nwas a prominent candidate for the\nInclusion of judges and members\nfederal officials and employees.\nsources close to the President-elect -\npost.\nof Congress in ethics laws regulat-\nIn addition, former Carter Ad-\ning the conduct of current and\nsaid Wednesday.\nministration Defense Secretary\nformer officials in the executive\nHoping to put an early and\nHarold Brown and former Rep. W.\nbranch would represent a major\npositive stamp on a sensitive issue,\nHenson Moore (R-La) have been\nexpansion of present laws.\nBush's aides have lined up seven\nunder consideration for the job.\nIn addition to Bell, Fielding and\npeople, including former Atty. Gen.\nAsked Wednesday about his\nBaran, those recruited for mem-\nGriffin B. Bell and Fred F. Fielding,\nplans for the energy post, Bush told\nbership on the commission. accord-\nPresident Reagan's first White\nHouse counsel, to review current\nreporters that \"we'll probably have\ning to sources close to Bush, in-\nsome announcements soon, very\nclude Lloyd Cutler. White House\nethics laws as well as stronger\nsoon.\"\ncounsel during Jimmy Carter's fi-\nethics legislation that Reagan ve-\nThe idea to make government\nnal two years in the White House,\ntoed on Nov. 23.\nethics the first of Bush's public\nformer Sen. Harrison H. Schmitt\nHopes to Buy Time\ninitiatives goes back at least to last\n(R-N.M.), former U.S. Appellate\nJuly, when the Reagan Adminis-\nCourt Judge Malcolm R. Wilkey\nBy tackling the issue quickly,\ntration was under fire on ethical\nand R. James Woolsey, undersec-\nBush apparently hopes to buy some\nissues Bush promised that, if elect-\nretary of the Navy during the\ntime from a Congress already mov-\ned. he would appoint a special\nCarter Administration. Wilkey\ning to revive the vetoed legislation\ncounselor responsible for ethics\nwould serve as chairman. and staff\nwhile also signaling his intention to\nand that his Administration would\nmembers would be borrowed from\nact on a subject that has drawn\nsend an \"unmistakeable\" message\nthe White House counsel's office\nwidespread political attention.\nthat public employees must be held\nand the Justice Department.\nAt the same time, an effort on\nethics can provide an initial focal\nto \"an exacting code of conduct.\"\nThe new Congress already has\npoint for his Administration, much\nAt the time, some of his aides\nsignaled its intent to move on\nas Reagan signaled his attack on\nwere concerned that although\nethics issues. House Speaker Jim\nfederal spending by freezing gov-\nBush has faced no questions about\nWright (D-Tex.) and House Mi-\nernment hiring on his first day in\nhis own personal affairs, he would\nnority Leader Robert H. Michel\nthe White House and Jimmy Carter\npay a political price for the prob-\n(R-III.) plan to name a bipartisan\nmoved to heal the Vietnam War\nlems of some top Reagan Adminis-\ntask force to carry out an in-depth\ntrauma by granting amnesty to\ntration officials. Reagan's first dep-\nreview of House ethics rules. Rep.\nthose who fled the country to avoid\nuty chief of staff, Michael K.\nBarney Frank (D-Mass.), chair-\nthe draft.\nDeaver, was convicted of perjury,\nman of a House subcommittee with\n\"I think it's a fairly good thing to\nformer political assistant Lyn\njurisdiction over the Ethics in Gov-\ndo on the first day of your presi-\nNofziger was convicted of illegally\nernment Act, has urged Bush to\ndency. It's a good statement for the\nlobbying former White House col-\nimpose tougher restrictions on\nPresident to make, that he wants\nleagues, and several other senior\npost-employment lobbying by the\nan ethical Administration,\" said\nand mid-level Administration offi-\nincoming Administration officials.\nBell, who has been asked to be vice\ncials came under sharp criticism for\nchairman of the commission. But\nother activities.\nBell left open just how far the panel\n\"The importance here is that the\nmight go, saying he understood the\nPresident-elect was sincere in the\nvetoed legislation to be \"on the\ncampaign in expressing his interest\ndrastic side\" and adding, \"I didn't\nin ethics and making sure it is done\nknow we needed any more ethics\npromptly and a bill submitted to\nlaws.\"\nCongress,\" said Jan Baran, counsel\nThe ethics commission is part of\nof Bush's campaign organization\na package of closely guarded initia-\nwho is on the list of commission\ntives for the new Administration's\nmembers.\n13\nAP\nAssociated Press\nN069\nRW\nSOLICITOR CANDIDATES\nBY JAMES ROWLEY\nWASHINGTON (AP) AN ARCHITECT OF PRESIDENT NIXON'S UNSUCCESSFUL\nEXECUTIVE-PRIVILEGE WATERGATE DEFENSE IS A TOP PROSPECT FOR THE POST OF\nU.S. SOLICITOR GENERAL IN THE NEW BUSH ADMINISTRATION.\nCHARLES ALAN WRIGHT, A CIVIL LAW EXPERT, IS AMONG FIVE OR SIX\nCANDIDATES BEING CONSIDERED FOR THE JUSTICE DEPARTMENT'S TOP LEGAL\nPOLICY POSITION BY PRESIDENT-ELECT BUSH'S TRANSITION TEAM AND ATTORNEY\nGENERAL DICK THORNBURGH.\nALSO UNDER CONSIDERATION ARE TWO CONSERVATIVE FEDERAL APPELLATE\nJUDGES APPOINTED BY PRESIDENT REAGAN: RALPH K. WINTER OF THE 2ND U.S.\nCIRCUIT COURT OF APPEALS IN NEW YORK AND KENNETH STARR OF THE U.S.\nCIRCUIT COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA.\nBEST KNOWN FOR HIS WORK FOR NIXON DURING THE 1973-74 WATERGATE\nINVESTIGATION, WRIGHT, 61, HAS A FORMIDABLE REPUTATION AMONG LAWYERS RS\nA LEGAL SCHOLAR AND EXPERT ON FEDERAL COURT PROCEDURE.\nA UNIVERSITY OF TEXAS LAW PROFESSOR, WRIGHT HELPED DEVISE THE LEGAL\nARGUMENT THAT EXECUTIVE PRIVILEGE EXEMPTED NIXON FROM COMPLYING WITH R\nSUBPOENA TO SURRENDER TAPE RECORDINGS OF OVAL OFFICE CONVERSATIONS.\nALTHOUGH THE SUPREME COURT ACCEPTED NIXON'S ARGUMENT THAT EXECUTIVE\nPRIVILEGE WAS A VALID CONCEPT, THE JUSTICES RULED 8-0 IN 1974 THAT HE\nSTILL WAS NOT EXEMPT FROM SUBPOENAS FOR EVIDENCE NEEDED IN COURT CASES.\nIN R DECISION THAT LED TO NIXON'S RESIGNATION, THE HIGH COURT\nORDERED HIM TO SURRENDER THE TAPES, WHICH CONTAINED DAMAGING EVIDENCE\nOF WHITE HOUSE INVOLVEMENT IN COVERING UP THE WATERGATE BREAK-IN.\nTHE PRESIDENTIAL APPOINTMENT OF A SOLICITOR GENERAL REQUIRES SENATE\nCONFIRMATION.\nTHE SOLICITOR GENERAL IS THE GOVERNMENT'S CHIEF APPEALS LAWYER,\nARGUING CASES BEFORE THE SUPREME COURT AND DECIDING WHETHER TO APPEAL\nLOWER COURT DECISIONS AGAINST FEDERAL AGENCIES.\nTHE SOLICITOR IS KNOWN IN LEGAL CIRCLES AS THE 10TH JUSTICE BECAUSE\nTHE HIGH COURT HAS TRADITIONALLY RELIED UPON HIM TO PROVIDE LEGAL\nGUIDANCE.\nCHARLES FRIED, THE CURRENT SOLICITOR, IS LEAVING OFFICE TO RETURN TO\nHARVARD UNIVERSITY LAW SCHOOL.\nWINTER, 53, A FORMER YALE UNIVERSITY LAW PROFESSOR WHO BECAME A\nJUDGE IN 1982, AND STARR, 42, WHO SERVED AS COUSELOR TO ATTORNEY\nGENERAL WILLIAM FRENCH SMITH FROM 1981 UNTIL HIS APPOINTMENT TO THE\nD.C. CIRCUIT IN 1983, HAD BEEN MENTIONED AS POSSIBLE SUPREME COURT\nNOMINEES FOLLOWING THE 1987 RETIREMENT OF JUSTICE LEWIS POWELL.\n14\ncont.d\nJUSTICE THURGOOD MARSHALL GAVE UP R SEAT ON THE 2ND CIRCUIT TO\nBECOME SOLICITOR GENERAL IN 1965. TWO YEARS LATER, PRESIDENT JOHNSON\nNAMED HIM TO THE HIGH COURT.\nWRIGHT'S APPOINTMENT AS SOLICITOR GENERAL WOULD CAP A DISTINGUISHED\nCAREER AS R PROFESSOR, APPELLATE LAWYER AND EXPERT ON COURT PROCEDURE.\nHE HAS REPRESENTED THE STATE OF TEXAS BEFORE THE SUPREME COURT, NOTABLY\nIN DEATH PENALTY AND VOTING-AGE CASES.\nWRIGHT ALSO IS THE CO-AUTHOR OF THE DEFINIITIVE LEGAL TEXTBOOK ON\nFEDERAL COURT PROCEDURES AND PRACTICE.\nAP-WX-01-12-89 1413EST\n15\nAP\nAssociated Press\nN068\nUA\nNERVE GAS-ARREST\nNEWARK, N.J. (AP) -- CUSTOMS AGENTS TODAY ARRESTED A KOREAN-BORN\nNATURALIZED CITIZEN ON CHARGES OF CONSPIRING TO BUY NERVE-GAS WEAPONS\nFOR EXPORT FROM THE UNITED STATES.\nRICHARD MERCIER, AGENT IN CHARGE OF THE CUSTOMS OFFICE IN NEWARK,\nWOULD NOT IDENTIFY THE MAN OR SAY WHERE THE NERVE GAS WAS DESTINED.\nTHIS IS R BIG ONE,'' HE SAID. ''WE'RE TALKING LARGE QUANTITIES.''\nAN ARRAIGNMENT WAS SCHEDULED FOR LATER TODAY BEFORE R U.S.\nMAGISTRATE.\n\"IT PERTAINS TO THE EXPORTATION OF MUNITIONS, AND THE MUNITIONS\nINVOLVED NERVE GAS,'' MERCIER SAID. THE AGENT WOULD NOT DISCUSS HOW THE\nMAN ALLEGEDLY INTENDED TO TRANSPORT THE GRS.\nTHE MAN WAS ARRESTED IN NEWARK AFTER A SEVEN-MONTH INVESTIGATION,\nAUTORITIES SRID.\nTHIS IS THE ONLY ARREST WE ANTICIPATE RIGHT NOW,'' SAID ASSISTANT\nU.S. ATTORNEY ANNE SINGER, WHO IS HANDLING THE CASE. SHE DECLINED TO\nCOMMENT FURTHER.\nAP-WX-01-12-89 1405EST\n16\nAP\nAssociated Press\ns2720\nR SBX\n(\n^P-FBN--UrSHAW-NFLPA,049.\nFORT WAYNE, IND. (AP) GENE UPSHAW, EXECUTIVE DIRECTOR OF THE NFL\nPLAYERS ASSOCIATION, FACES POSSIBLE CRIMINAL CHARGES OF TAX EVASION THE\nFORT WAYNE NEWS-SENTINEL REPORTED TODAY.\nTHE JUSTICE DEPARTMENT IS CONSIDERING SUCH CHARGES THE NEWSPAPER\nSAID, CITING WHAT IT DESCRIBED AS A CONGRESSIONAL SOURCE FAMILIAR WITH A\nLABOR DEPARTMENT INVESTIGATION INTO THE UNION'S FINANCIAL RECORDS.\nR UNION SOURCE CALLED THE STORY \"OLD HAT.''\nA WASHINGTON TELEVISION STATION: WJLA, REPORTED WEDNESDAY NIGHT THAT\nTHE LABOR DEPARTMENT CONCLUDED ITS YEAR-LONG AUBIT OF NFLPA RECORDS AND\nPASSED SOME OF THE INFORMATION TO THE JUSTICE DEPARTMENT.\nTHE CONGRESSIONAL SOURCE TOLD THE NEWS-SENTINEL THAT SCRUTINY OF\nTHOSE RECORDS WENT \"MILES BEYOND'' AN ORDINARY REVIEW.\n\"JUSTICE IS INTO THIS IN A PRETTY BIG WAYS'' SAID THE SOURCE WHO\nREQUESTED ANONIMITY, \"I DON'T THINK THEIR PRESENCE CAN BE CONSTRUED IN\nANY WAY AS ROUTINE.'\nACCORDING TO THE SOURCE: A JUSTICE DEPARTMENT INTERNAL MEMO\n\"STRONGLY SUGGESTS\" THAT THERE IS SUFFICIENT EVIDENCE TO INDICT\nUPSHAN, A 15-YEAR NFL VETERAN AND A MEMBER OF THE PRO FOOTBALL HALL OF\nFAME.\nTHE SAME MEMO REQUESTS AN \"EXPEDITIOUS\" DETERMINATION OF WHETHER\nOR NOT CHARGES SHOULD BE BROUGHT AGAINST UPSHAW. AN INDICTMENT IF\nBROUGHT: HOULD PROBABLY CENTER AROUND A \"SIX-FIGURE LOAN'' TO UPSHAW\nFROM THE NFLPA, SAID THE SOURCE. \"THERE IS SOME DISCREPANCY ABOUT\nWHETHER (THE DOLLAR AMOUNT) WAS R LOAN, SALARY, COMPENSATION OR\nWHATEVER.'\nTHE SOURCE AL50 SAID IT IS LIKELY THE JUSTICE DEPARTMENT HILL\nRECOMMEND THAT THE LABOR DEPARTMENT PROCEED WITH A DETERMINATION ON\nPOSSIBLE CIVIL CHARGES AGAINST THE NFLPA. UNION OFFICIALS LAST YEAR\nCONFIRMED THAT THEY WERE BEING AUDITED: BUT REFERRED TO THE AUDIT, AT\nVARIOUS TIMES: AS \"ROUTINE\" AND \"RANDOM.\"\n''WE'VE BEEN FULLY COOPERATING WITH A ROUTINE AUDIT BY THE\nDEPARTMENT OF LABOR FOR NEARLY A YEAR AND WE ARE CONFIDENT THAT WHEN THE\nPROCESS IS COMPLETED THE NFLPA WILL BE FOUND TO BE IN COMPLIANCE WITH\nALL APPLICABLE LAWS'' Doug ALLEN, THE UNION'S ASSISTANT EXECUTIVE\nDIRECTORS TOLD THE ASSOCIATED PRESS.\nUPSHAW COULD BE REACHED FOR COMMENT.\nFRANK WOSCHITZ, DIRECTOR OF PUBLIC RELATIONS FOR THE NFLPA, TOLD THE\nNEWS-SENTINEL ITS INFORMATION HAS \"JUST RE-HASHING A LOT OF THE STUFF\n(THE MEDIA) STARTED BRINGING UP A FEW MONTHS AGO.''\n17\nCont.d\nHONEVERS AN UNHAMMED NFLPA SOURCE TOLD NEWSPAPER ''THINGS ARE\nGETTING KIND OF HAIRY AROUND HERE.\"\nTHOM GATENOOD, THE MANAGING DIRECTOR OF NFL-PRO, R RIVAL UNION\nSEEKING TO REPLACE THE NFLPA AS THE BARGAINING AGENT FOR THE LEAGUE'S\n1,600 PLAYERS' SAID WEDNESDAY NIGHT THAT THE JUSTICE DEPARTMENT'S\nINVOLVEMENT LENDS CREBENCE TO CHARGES HIS GROUP HAS BEEN MAKING FOR\nNEARLY A YEAR,\n\"BASICALLY, IT PUTS THE INFORMATION INTO THE HANDS OF THE PEOPLE\nWHO CAN DO SOMETHING WITH 11,\" SAID GATENOOD. ''THE NFLPA IS ON THE\nDEFENSIVE NOW. ALL NE'VE EVER ASKED FOR IS FISCAL ACCOUNTABILITY: AND\nNOW IT LOOKS RS IF THEY'RE GOING TO HAVE TO BE ACCOUNTABLE.\n18\nLos Angeles Times\nDATE: 1-12-89\nPAGE: PT.Ifg.1\nthe job and the level of supervision\nemployees encounter that corre-\nFew Employees Tested\nlates most closely with drug use.\n\"Jobs that involve periods\nof inactivity certainly lend them-\nfor Drugs in Workplace\nselves to drug use as do jobs with\nless supervision\" and those that\nhave late evening shifts, said Ray\nKelly, president of Stat Tox Center\nSurvey Also Finds Lower-Than-Expected Rate\nin Mission Hills, a leading Southern\nof Use; Experts Warn of Misinterpreting Data\nCalifornia drug-testing firm.\nFor those reasons, Kelly said,\n\"the fact that there is a greater\nBy JESUS SANCHEZ and JUBE SHIVER Jr., Times Staff Writers\nincidence of drug use among retail\nemploy 20% of American workers,\nworkers doesn't surprise me.\"\nThe federal government, in a\naccording to the report. The survey\nAmong those tested overall,\nmajor study of drug testing in the\nalso found that job applicants were\nabout 9% of current employees\nworkplace, reported Wednesday\nthat fewer than one worker in 100\nfour times as likely to be tested as\nshowed signs of drug use while\nwas checked by a current employer\nworkers already on the job.\napproximately 12% of job appli-\nfor drug use last year.\n\"I think most employers are\ncants tested positive, according to\nreluctant to test their current em-\nthe survey.\nSeveral outside experts said the\nstudy, based on a Labor Depart-\nployees,\" said Elaine Kaplan, depu-\nBut drug-testing opponents said\nment survey of 7,500 businesses,\nty director of litigation at the\nthe figures show the drug problem\nshowed a lower-than-expected\nNational Treasury Employees Un-\namong employees has been over-\nion, whose suit to invalidate a Coast\nblown. They said the findings also\nrate of both drug testing and drug\nuse in the American workplace. In\nGuard drug-testing program is\nmight indicate that employers are\nfact, they reasoned, the figures\npending before the Supreme Court.\nhaving trouble spotting employees\nwere so low that it might discour-\n\"Current employees have unions to\nwith a drug problem.\nage more companies from adopting\nrepresent them and they have a lot\n\"That 9% means employers are\ndrug-testing programs, which can\nmore ammunition to fight drug\nvery poor judges if someone has a\nbe costly.\nprograms than applicants.'\nproblem or they are being very\nThe survey showed that compa-\ncautious,\" said the University of\n'Why Create This Hassle?\"\nhies were generally reluctant to\nPennsylvania's Summers.\n\"I guess that employers who see\ntest workers at random. About 64%\nJohn Hunt, personnel manager\nthis and are not engaged in testing\nof the employers conducted tests\nat Southern California Edison.\nwill say, 'So we're like most people.\non workers suspected of drug use\nwhich has been testing all job\nWhy should we invest money in\nwhile only about 25% carry out\napplicants for two years, said the\nthis and create all this hassle?\"\nrandom tests.\nutility's results were close to those\nsaid Clyde Summers, a professor at\nTest results varied widely by\nin the government report. Last\nthe University of Pennsylvania.\nindustry. The highest rate of ap-\nyear, 9.3% of applicants tested\nBut some experts argued that the\nparent drug use was in the retail\npositive for drugs last year and \"we\nfigures showed that drug testing\ntrade business, where about 20% of\nhave had a relatively consist\nhas acted as a deterrent to drug\ncurrent employees and 24% of job\nreduction in that figure,\" he said.\nabuse. Such tests are \"a powerful\napplicants tested positive. At the\nshaper of behavior,\" said Lee Do-\nother end of the scale was the\nHunt attributes the drop to in-\ncreased awareness of drug testing.\ngoloff, executive director of the\ntransportation field, where only\n5.6% of current employees and\nJob applicants \"are less likely to\nAmerican Council for Drug Educa-\n10% of job applicants tested posi-\ncome in if they use drugs,\" he said.\ntion. \"My concern is that compa-\n\"We think it's worth it,\" he said of\nnies will misinterpret the statistics.\ntive, the survey showed.\nThey might say 'because the num-\nRetailers and labor union offi-\nthe utility's drug-testing program.\nbers are 80 low, we don't have a\ncials expressed surprise at the\nUnder the \"unreasonable search\nproblem.\"\nstudy's findings and suggested the\nand seizure\" standard of the Fourth\nThe study, which excluded gov-\ndata may be misleading because\nAmendment of the U.S. Constitu-\nernment employees, was released\ndrug testing in the retail industry is\ntion, federal, state and local gov-\namid strong concerns among labor\nnot as widespread as in fields such\nernments' freedom to test workers\ngroups and others about the threats\nis limited. Private employers have\nto workers' privacy posed by on-\ndefense. as manufacturing, aerospace and\nmore freedom to test at will unless\nthe-job drug testing. A key U.S.\n\"My experience is that drug\nrestricted by a labor union agree-\ntesting is much more prevalent in\nment or other pact, said Benjamin\nSupreme Court ruling on drug\ntesting for government workers is\nother industries,\" said Andrea Zin-\nAaron, a specialist in labor law at\nexpected in a few months, and labor\nder, research director of Local 770\nthe UCLA School of Law.\nunions representing private sector\nof the United Food and Commercial\nIn addition, at least 11 states-\nWorkers, which represents about\nbut not California-have enacted\nemployees have brought Buits\n30,000 Southern California grocery\nlaws regulating drug testing by\nwell.\nstore employees, meatpackers and\nprivate employers, usually by re-\nDrug testing, the survey report-\ned, is much more common at big\npharmacy clerks.\nquiring employers to notify em-\ncompanies than small ones. Only\nThe head of a leading Southern\nployees in advance of any drug test,\n3% of employers have drug-testing\nCalifornia drug-testing firm specu-\nsetting standards for drug testing\nprograms, but those companies\nlated that it may be the nature of\nlaboratories and limiting testing to\nhazardous or safety-related jobs.\n19\nLos Angeles Times\nDATE: 1-12-89\nPAGE: PartH/PS.2\n2 Cocaine\nSatisfied With Sentences\nAssistant U.S. Atty. Janet C.\nSuppliers\nHudson, who prosecuted the case,\nsaid she was satisfied with the\nsentences.\nGet Lengthy\n\"I think the court was very\naware of the fact we've got a\nserious drug problem that is getting\nSentences\nmuch, much worse. We have to\ncrack down, and increased sen-\ntences are about the only option if\nBy PAUL FELDMAN,\nwe are ever going to make any kind\nTimes Staff Writer\nof a dent.\"\nA third defendant, Ector's half-\nTwo Los Angeles men who po-\nlice say supplied large quantities of\nbrother Alonzo Troy Andrus, 19,\nfaces retrial Feb. 7. A mistrial was\nrock cocaine to several Crips street\ndeclared in Andrus' first trial when\ngang factions were sentenced\nWednesday to lengthy federal\na jury was unable to reach a\nverdict.\nprison terms.\nPolice described the 132 pounds\nof cocaine seized last May as the\nlargest cache of the drug taken\nfrom outright gang members or\nassociates.\nMichael Ray Ector, 25, identified\nby authorities as a long-time asso-\nciate of the West Los Angeles-\nbased Playboy Gangster Crips, was\nhanded a 20-year sentence by U.S.\nDistrict Judge Laughlin E. Waters.\nAndre Jackson, 21, who had no\nprevious criminal convictions, re-\nceived a 15-year term.\nThe pair were arrested last May\nwhen police, acting on a tip from a\njailed drug dealer, served a search\nwarrant on a West 76th Street\nhouse and discovered 60 1-kilo-\ngram bags of cocaine inside. The\nfingerprints of Ector, who was in\nthe house when police served the\nwarrant, were discovered on 10 of\nthe bags. Jackson was arrested\nwhen he returned to the residence\nduring the search.\nPleaded Guilty\nEctor, whose gang nickname was\n\"Money Mike,\" eventually pleaded\nguilty to possession of cocaine for\ndistribution and a second count of\nconspiracy to distribute cocaine.\nJackson, whose 10-year-old sis-\nter was killed in an unrelated 1987\nrandom drive-by shooting, was\nconvicted by a federal jury on the\nsame two charges.\nBoth men had faced minimum\n10-year sentences under federal\nlaw because of the large quantity of\ndrugs.\n20\nThe Miami Herald\nDATE:\n1-12-89\nPAGE:\n/A\nRefugees on their way to Miami\nBy DAVID HANCOCK\nCentral Americans.\nDolores Muniz and other mem-\nHaraid Staff Writer\n\"We've heard that in Miami there\nbers of Harlingen's Citizens' Com-\nBROWNSVILLE, Texas - Hundreds of\nis support for the Nicaraguans,\"\nmittee for Justice took blankets,\nCentral American refugees stranded on the\nsaid Cabezas, traveling with his wife\nsweet potatoes, beans, rice, noo-\nU.S.-Mexico border jubilantly boarded buses to\nand three children.\ndles, bread and tea to the men,\nMiami and other U.S. cities Wednesday in\na Cabezas and his family crossed\nwomen and children huddled under\nhopes of ending weeks of living in squalor, un-\nthe Rio Grande into Brownsville on\nblankets and sheets of black plastic\ncertainty and desperation.\nJan. 5, after an arduous journey by\nat the INS center.\nMeanwhile, hundreds more lined up at the\nfoot and bus from Nicaragua. In his\nU.S. Immigration and Naturalization Office at\nhomeland, he said, he was harassed\n\"We're all human beings,\" Muniz\nHarlingen and flocked to Western Union offices\nby the military and was unable to\nsaid. \"These people are freezing,\nthey're starving.\"\nwhere relatives wired them money for the jour-\nearn enough to support his family.\nney.\nDuring the journey through Mexico,\nVirginia Kice, spokeswoman for\nMore than 1,700 refugees have been pro-\nhe said, he had to bribe immigration\nthe INS' Harlingen District, said\ncessed by the U.S. Immigration and Naturaliza-\nagents and bus drivers several times\nmore than 800 people were in line\ntion Office at Harlingen since Monday, when\nbefore they made it through the bor-\nwhen the door opened Tuesday.\nder.\nU.S. District Judge Filemon Vela issued a tem-\nBemil Morales is bound for Los\n\"It was reminiscent of the last\nporary restraining order against immigration\nAngeles, but she, too, must wait for\ndays of the amnesty program\" last\nthe money to come from relatives.\nyear when some undocumented\nofficials that allows the immigrants to travel\n\"I'm too old for this trip,\" said\naliens received legal status under a\nout of the border area. The judge ordered INS\nMorales, a 64-year-old grandmoth-\nlandmark immigration-reform law,\nto abandon its month-old policy that required\nKice said.\npolitical asylum applicants to remain in South\ner sprawled on the grass lawn out-\nTexas pending a review of their cases.\nside the INS office with her 4-year-\nThe asylum applicants include\nOn Wednesday, 739 refugees got their ap-\nold grandson and 22-year-old neph-\nNicaraguans, Salvadorans, Guate-\nplications filed and stamped by INS - and\new.\nmalans, Hondurans. INS officials es-\nmost headed straight for the Greyhound-Trail-\nJuan Mendoza, a 31-year-old Nic-\ntimate as many as 5,000 have been\nways bus station.\naraguan who has lived in Miami for\nstranded in the rural border area\n\"Ninety-five percent are going to Miami,\"\nsix months, went to Texas to meet\nsince the stricter immigrations\nsaid station manager George Reynolds. To\nhis wife Luz Marina and three chil-\nguidelines went into effect Dec. 16.\nhandle the excess of travelers, the bus line has\ndren, including a 1-year-old daugh-\nMost have been living in abandoned\nadded 30 buses this week to various destina-\nter, who traveled by themselves\nbuildings and makeshift shelters\ntions: Miami, Los Angeles, other cities in Tex-\nfrom Matagalpa in Northern Nicara-\nwhile they waited to be reviewed by\nguan.\nINS.\nas\n\"All day long, it's people going to Miami, all\n\"She was desperate to come,\"\nNear Brownsville on Tuesday,\nday long,\" said Humberto Flores, ticket agent\nsaid Mendoza, who planned to stay\ncrews used bulldozers to remove de-\nfor the Greyhound-Trailways station in\nwith his family at Bobby Maduro Mi-\nbris from a makeshift campsite\nBrownsville. \"It's been pretty busy.\"\nami Stadium until he can find work.\nwhere more than 300 of the refu-\nHerman Cabezas is one of those wanting to\nVela's order was to last until to-\ngees had been staying in improvised\nmake that journey. He got his papers stamped\nday, pending a full hearing on a\ntents. The immigrants were or-\nWednesday, but now he must wait until his\nclass-action lawsuit against the INS.\ndered off the property by Tuesday\nsister-in-law in Miami wires him the money to\nbut was extended when the hearing\nafternoon and many took refuge in\ntravel.\nwas postponed to Jan. 31. Hundreds\nchurches.\nof refugees camped outside the INS\nHe's certain that good things lie ahead for\noffice early Wednesday, vying for\nCity commissioners voted Tues-\nhim in the city that's become a mecca for hun-\nthe chance to be the next to leave\nday night to demolish the con-\ndreds of thousands of Nicaraguans and other\nSouth Texas.\ndemned Amber Motel, where about\n150 Central Americans have been\n\"I'm trying to leave tomorrow,\"\nholed up in squalid conditions.\nsaid Jairo Ramon Contreras Marti-\nnez, a 24-year-old Nicaraguan\nThis report was supplemented by\ncamped by the door and trying to\nHerald wire reports.\nmake it to a cousin's house in Aus-\ntin. \"Thank God for the kindness of\nthe American people.\"\n21\nThe Miami Herald\nDATE:\n1-12-89\nPAGE:\n/\nOdio: No more exiles in stadium\nthe city.\nrosary prayer.\n'Inn is full,'\n\"It's a declaration of open fron-\n\"The inn is full,\" Odio said.\ntiers,\" he said. \"The effect is very,\nMeanwhile, Suarez prepared a\nvery drastic for this community.\"\ntelegram for Ygnacio Garza, mayor\ncity official\nMiami, historically the destina-\nof Brownsville, requesting that he\ntion of most Nicaraguan refugees,\npublicly announce the stadium is\nbecame more inviting to some after\nfull.\ntells crowd\nOdio opened the baseball stadium\nDeclaring \"crisis\" conditions,\nfor temporary housing, and declared\nSuarez said he would also send wires\nhe would not abandon them.\nto President Reagan and Florida\nof refugees\n\"Throughout Mexico, they kept\nGov. Bob Martinez, asking for fed-\non telling us about Bobby Maduro\neral and state relief.\nstadium,' said Sergio Castillo, a\nCounty officials Wednesday also\nNicaraguan who crossed the Rio\nexpressed concern over the nearing\nBy GEOFFREY BIDDULPH\nGrande Sunday and bused into Mi-\nbus loads of largely poor refugees.\nAnd CHRISTOPHER MARQUIS\nami on Wednesday.\nExcept for the stadium shelter, nei-\nHerald Staff Writers\n\"So I came here,\" he said. \"But I\nther Miami nor Dade County has in-\nMiami City Manager Cesar Odio\nthought everybody could enter.\"\nstituted a resettlement program for\nordered the doors of Bobby Maduro\nCastilio was one of 15 refugees,\na Nicaraguan refugee community\nMiami stadium closed to newcomers\nincluding Hondurans and Salvador-\nthat now numbers more than\nWednesday night, while hundreds of\nans, who were left outside Wednes-\n100,000.\nindigent Nicaraguan and other Cen-\nday night after the stadium was\n\"From a practical standpoint,\ntral American refugees headed to-\nclosed. He said he spent much of the\nward Miami by bus.\nday wandering the streets of West\nthere's a limitation to what we can\nThe stadium, which for almost a\nDade, searching for friends to take\ndo,\" said County Manager Joaquin\nmonth has served as the city's only\nhim in.\nAviño.\nshelter for homeless Nicaraguans,\nOdio held fast to his pledge\nThe stadium must be vacated by\nhas exceeded its capacity of 250 ref-\nWednesday not to abandon refu-\nJan. 25, when the Baltimore Orioles\nugees, Odio said, and cannot provide\ngees, and enlisted aides to find shel-\narrive to begin spring training\nproper beds and bathroom space for\nter for those locked out of the stadi-\nthere.\nmore.\num. About 150 of Miami's homeless\nAvino said workers are clearing\n\"There's not a new policy,\" Odio\npopulation are also sheltered at the\ncounty wetland at a West Dade site\nsaid. \"We haven't been taking extra\nstadium.\nto set up temporary housing with as\npeople in for three weeks.\"\nThe city manager was cheered by\nmany as 60 trailers.\nThe city manager's announce-\nrefugees as he entered the stadium\nCristobal Mendoza, whose over-\nment came on the eve of what prom-\nWednesday night, then stepped\ncrowded Little Havana shelter was\nises to be one of the largest sudden\namong 100 Nicaraguans gathered\nclosed and relocated at the stadium.\ninfluxes of Central American refu-\naround a three-foot statue of the\nestimates 400 refugees will arrive\ngees to Miami in recent years.\nVirgin Mary, their heads bowed in a\nby the weekend. The key to absorb-\nAs many as 5,000 refugees, for\ning them, he said, is for the federal\nweeks restricted to the Brownsville\ngovernment to issue them work per-\narea of South Texas, were effective-\nmits.\nly given permission to travel to their\nHerald staff writers Ronnie Ra-\ndestinations in the United States,\nmos and Craig Gemoules contribut-\nwhile their claims for political asy-\ned to this report.\nlum are being processed.\nU.S. District Judge Filemon Vela\non Monday issued a temporary re-\nstraining order effectively suspend-\ning a travel ban imposed by U.S. im-\nmigration officials last month. He\ndecried squalid conditions in squat-\nter's camps around Brownsville.\nOn Wednesday, the judge said he\nwould delay a decision on whether\nto reinforce the order with a prelim-\ninary injunction until Jan. 31, allow-\ning the refugees to travel until then.\nHundreds of the refugees crowd-\ned Brownsville bus stations\nWednesday for a special-fare $89\njourney to Miami. About half of the\n5,000 squatters were destined for\nMiami, Texas relief workers said.\nMiami Mayor Xavier Suarez said\nthe ruling threatened to overwhelm\n22\nThe Miami Herald\nDATE: 1-12-89\nPAGE:\nThe new policy created a bottle-\nSen. Bentsen assails\nneck in South Texas. Bentsen said\nrefugees were sleeping under trees\nand in churches, and local govern-\nments were strained beyond their\nrestrictions by INS\nmeans trying to deal with destitute\nnewcomers to an area that was al-\nready economically depressed.\non travel of refugees\nHe said he would like to see those\nwho don't qualify for political asy-\nlum deported quickly, but added\nHowever, Austin said no money\nthat he knew of no alternative to the\nBy R.A. ZALDIVAR\nHerald Washington Bureau\nhas ever been appropriated for the\nsystem that INS originally used.\nfund. Under the law, the president\nINS spokesman Verne Jervis said\nWASHINGTON - Texas Sen.\nmust declare an immigration emer-\nthe restrictive rules had dramatical-\nLloyd Bentsen, charging that new\ngency for any payments to be made.\nly reduced the number of refugees\ntravel restric-\nCongressional investigators esti-\nseeking asylum in South Texas.\ntions on Central\nmate that there are 150,000 to\nFrom Oct. 31 to Dec. 9, the INS of-\nAmerican refu-\n200,000 Nicaraguan refugees in\nfice there handled an average of\ngees\nhave\nCosta Rica and Honduras, who may\n1,745 asylum applications a week.\nturned the South\nwant to come the United States.\nIn the three weeks after the new\nTexas border in-\nThe 1980 Cuban boatlift brought\npolicy went into effect the number\nto \"a massive\n125,000 refugees to U.S. shores,\naveraged 450 a week.\ndetention cen-\nmost of whom settled in Miami.\nter,\" Wednes-\nBentsen said he urged Attorney\nday urged the\nGeneral Dick Thornburgh Tuesday\nImmigration and\nnot to contest the Brownsville law-\nNaturalization\nsuit. \"I suggested they go back to\nService to per-\nthe old policy,\" Bentsen said. He\nBentsen\nmanently rein-\nsaid Thornburgh promised \"imme-\nstate its old poli-\ndiate consideration\" of his request.\ncy of letting asylum applicants go on\nAustin said INS had no official re-\nto cities like Miami.\nsponse to Bentsen.\nMeanwhile, in Brownsville, Tex-\nBefore Dec. 16, INS had allowed\nas, U.S. District Court Judge File-\nrefugees applying for political asy-\nmon Vela postponed until Jan. 31 a\nlum at the border to transfer their\nhearing originally set for today on a\ncases to other cities within the Unit-\nlawsuit by refugees against INS. Ve-\ned States. Most Nicaraguan refu-\nla's temporary order allowing refu-\ngees chose Miami. Once in Miami,\ngees to settle outside the South\nTexas border area will remain in ef-\nthe refugees were issued temporary\nwork permits.\nfect during the postponement. That\nLast December, INS decided\ngives the Nicaraguans coming\nmost of the Nicaraguans were eco-\nacross the Texas border a wider\nnomic, not political refugees, and\n\"window of opportunity\" through\ntook steps to limit the flow. The\nwhich to head for South Florida, as\nhundreds have already done.\nagency said asylum applicants would\nhave to have their cases decided at\nRobert Rubin, attorney for the\nrefugees, said this would allow a\nthe border, instead of going to other\n\"more orderly\" departure from the\ncities and obtaining work permits.\narea. Vela's original order gave ref-\nugees a 72-hour window to leave\nSouth Texas, setting off a scramble.\nINS spokesman Duke Austin said\n967 refugees were given permis-\nsion to leave Tuesday. Forty per-\ncent were headed for Miami, mak-\ning it the top destination.\nBentsen said the soaring numbers\nof Central American refugees, driv-\nen by an exodus from Nicaragua, are\n\"comparable to the Cuban boatlift.\"\nThe former Democratic vice-\npresidential candidate called for fed-\neral aid to local governments deal-\ning with the refugees, citing a $35\nmillion emergency fund created for\nthat purpose under the 1986 Immi-\ngration Reform and Control Act.\n23\nCin\n1-12-89\nPAGE\nAmnesty Seekers Relieved to\nFind Test Easier Than Expected\nBy GINGER LYNNE THOMPSON, Times Staff Writer\nBlanca Quintero has lived ner-\n\"It was SO easy.\" said Quintero.\nvously in this country for 15 years.\nwho has taken night classes for the\nAfraid that she was \"not smart\nlast year. \"They asked questions\nenough\" to become a legal resident.\nthat you hear every day, like, 'Who\nthe Mexican native avoided the\nwas the first President of the\ngovernment for years and lived\nUnited States?' and 'Who can de-\nquietly and anonymously with her\nclare war in this country?'\ntwo children.\nQuintero, who has worked as a\nMaria Lafarga and her husband.\nhousekeeper for five years for John\nwho both got perfect scores on the\nGavin. former U.S. ambassador to\ntest, agreed.\nMexico, said, \"I was afraid to go out\n\"I can't believe how easy it was. I\nbecause I thought the police were\nwas so nervous when I came in\ngoing to get me and send me back\nhere,\" said Lafarga, who hopes to\nto Mexico.\"\nwork as a supermarket cashier. \"I\nBut Wednesday. Quintero said\nfeel like a new person.\"\nshe was \"set free\" it was\nTo take the test. immigrants\nmuch easier than she expected.\nmust fill out an appointment card.\nShe was one of 16 amnesty\navailable at all INS offices, and the\napplicants to earn permanent resi-\nagency will notify applicants of the\ndency by. passing a 15-question\ntime and date of their exam\nexam, administered by the Immi-\nthrough the mail. Applicants have\ngration and Naturalization Service\n18 months from the time of earning\nat its Wilshire Boulevard office for\ntheir temporary residency card to\nphase two of its amnesty program.\ncomplete the second phase of the\nMore than 800,000 immigrants\nprogram.\napplied for amnesty in the Los\nThe test, to be given on Thurs-\nAngeles area under the first phase\nday nights starting Jan. 19. will be\nof the program from May, 1987, to\nadministered by videotape to\nMay, 1988. In the second phase.\ngroups of immigrants. Applicants\nthese applicants must demonstrate\nmust sign a statement at the top of\na knowledge of English, civics and\nthe test that says they have studied\nU.S. history in order to obtain\nat least 40 hours of English and U.S.\npermanent residency status.\nhistory, and then they have to\nINS officials said they expect\nanswer nine of the 15 questions\n300,000 of the applicants to follow\ncorrectly to pass.\nQuintero's lead by taking the mul-\n\"If they fail the test the first\ntiple-choice exam at one of the 16\ntime, they can take it as many\nINS offices throughout the area.\ntimes as they need to pass, free of\nOthers may choose Lo prove their\ncharge.\" Ezell said.\nEnglish proficiency by taking INS-\nBut if the applicants who took\napproved classes at one of 300\nthe test Wednesday are any indica-\nschools in the area and thus would\ntion, passing is not going to be a\nnot have to take the test. Appli-\nproblem. Fifteen of the 16 test\ncants younger than 16. or 65 years\ntakers passed-five with perfect\nand older. are exempt, officials said.\nscores.\nHarold Ezell, INS Western re-\ngional commissioner, said his staff\nis negotiating with religious and\ncommunity groups in hopes that\nthey will become licensed to ad-\nminister the test.\n\"It is going to be tough to find\nenough space for everyone LO take\nthe test, so we are hoping to get\nCatholic charities, local schools and\nother groups involved to help out,\"\nEzell said.\n24\nTHE KANSAS CITY STAR.\nDATE: 1-9-89\nPAGE:\n22A\nCuban's death spurs fear of more suicides\ntalked to him that day.\nBy Phil Jurik\nI told him, This is your da\nstaff writer\n\"Serving deportation papers in\nfor liberty, Alfredo,' Cros\neavenworth prison offi-\nLeavenworth really has shaken\nland recalled. \"He said, I hop\nL\ncials conducted a \"psy-\nthem up. These people have told\nso.\" He just looked very desper-\nchological autopsy\" last\nate and far away.\nweek to learn why a Cuban\nme\nthey'd rather die than go\n\"When he walked out, he\nrefugee, detained at the U.S.\nPenitentiary two years after\nback to Cuba.\"\nthought he had it. He was sure\nne was going to get to see his\ncompleting his prison sentence,\n-George Crossland,\nmom.'\nMilled himself.\nco-founder of the Mariel Assistance Program\nBut Aguilera told a detainee\nTo others. there was no mys-\nwho was later released to a\nvery.\nKansas City halfway house of\nAlfredo Aguilera, 34, had re-\ncause of deportation rumors.\nsessing a machine gun and of\nnis plan, Crossland said.\ncently been denied release.\nImmigration officials last\naggravated assault. He was\n\"He said if he didn't get but\nFreedom was not in his foresee-\nmonth began serving Leaven-\nconvicted again in 1983 of gun\nthis time, he felt there was no\nable future.\nworth detainees with papers\npossession.\nпоре. And he was going to kill\n\"It's awful hard to hang on,\"\nthat mark the first step toward\nHe remained behind bars,\nhimself if he could figure out a\nsaid George Crossland, co-\ndeportation to Cuba.\npartly because he was among\nway,' said Crossland, who said\nfounder of the Mariel Assis-\n\"Serving deportation papers\n125,000 Cubans who sailed to\nhe spoke with the former de\nuance Program, which aids Cu-\nin Leavenworth really has shak-\nthe United States in 1980 on a\ntainee. The Justice Department\nban detainees at Leavenworth.\nen them up,\" Crossland said.\nboat lift from Mariel.\nrefused to allow reporters to\nIt's miserable there.\"\n\"These people have told me\nImmigrants from Mariel who\ninterview that man.\nCrossland and other advo\nover and over and over they'd\ncommit crimes in the United\nAguilera was told Dec. 9 he\ncates for detainees fear that\nrather die than go back to Cuba.\nStates are placed in detention\nwould not be freed. His mother.\nother Cubans, haunted by a new\nThe whole country is a prison.\"\nindefinitely after completing\nElvira Ramos of Miami, re-\ndireat of being deported from\nBut prison officials said the\ntheir prison sentences.\nceived a brief letter from him\nLeavenworth and by continuing\ndeportation papers were not\nJustice Department officials\ntwo days before he died, ac-\nconfinement with no release in\ncausing problems among the\nsay they established that policy\ncording to The Associated\nsight, will choose Aguilera's\ndetainees.\nto protect U.S. citizens. Many of\nPress.\nmoute.\nPrison officials requested\nthe Mariel immigrants had\n\"I don't know what to do, but\n\"I bet within six months,\nAguilera's mental autopsy, con-\nbeen imprisoned in Cuba and\nyou should also know that noth-\nyou'll see three or four more of\nsisting of interviews with peo-\nwere considered dangerous, in-\ning matters,\" he wrote. \"It's\nthese if they can figure out a\nple who knew him and back-\ncluding Aguilera, they said.\njust that anything is better than\nway, Crossland said.\nground reports, to reconstruct\n\"What we're talking about\nthis slow agony.'\nFashioning a rope from strips\nhis state of mind last month,\nnere is a serious criminal,\" said\nAguilera showed no signs of\nof blanket, Aguilera hanged\nsaid Fred Fry. a prison spokes-\nDaryl Borgquist, a Justice De-\ndespondency, Fry said.\nhimself in his cell shortly be-\nman. Findings will not be made\npartment spokesman. \"It's not\n\"Obviously, if he had, we\nfore 3 a.m. Dec. 30.\npublic.\nsurprising his release request\nwould'v taken extra precau-\nAdvocates think Aguilera is\nBut Crossland, of Overland\nwas denied.\"\ntions, he said.\nthe first detainee to have com-\nPark. said he sensed Aguilera's\nAguilera had been impri-\nCrossland does not fault the\nmitted suicide since November\nanguish the day the detainee\nsoned in Cuba for trying to flee\nprison.\n1987, when riots by Cuban in-\nmade his final, unsuccessful\nthe country.\n\"The burden on the prison\nmates at correctional facilities\nplea for freedom.\nHe was given a release re-\nstaff is incredible,\" he said.\n100 Atlanta and Oakdale, La., led\nAguilera had awaited free-\nview before a panel of immi-\n'There's no way those guys can\nto guarantees of regular re-\ndom since finishing his prison\ngration officials on Oct. 19.\nkeep up with it all. The problem\nwiews of release appeals.\nsentence in October 1986. He\nAnother volunteer handled\nis the whole crazy immigration\nThe riots started partly be-\nwas convicted in 1982 of pos-\nAguilera's case, but Crossland\nprocess.\"\n25\nFEDERAL COMPUTER WEEK\n12/12/88\nPAGE:\n46\nPEOPLE\nMacRae and her co-workers\nneeded more of a challenge.\nMacRae knows about \"local\nthe kind of manager she has\nNot that she already hadn't\nhacking\" because she 5 done it\nbecome. \"In a situation where\nfaced plenty of challenges:\nherself and done it well enough\nyou have a tight time line,\npursuing her education at Har-\nto sell her own computer game\nyou being directive.\" she\nvard. Yale and the Massachu-\nto Atan and Texas Instruments\nsaid. \"The time pressure means\nsetts Institute of Technology,\nInc. Experimenting on her\nyou can't wattle around.\"\nthen educating others as a\nhome computers note the\nIncrementalism is the central\nteacher at the University of\nplurai: MacRae and her husband\ntenet of her management phi-\nMaryland and at a university in\nhave seven computers at home\nlosopiry, she said. largely be-\nthe Middle East.\ninspired her to turn Manicais,\ncause the budget constraints\nThen. at DOE, she worked\nan African game played with\non federal agencies render\nher way through a variety of\nstones on a game board, into a\nplans uncertain. If emergencies\nposts including economic analy-\nvideo game.\narise, budget priorities have to\nsee and forecasting, statistical\nShe no longer has time to\nbe rearranged. The fire in\nsurveys, and management and\nwork on video games. Even\nOakdale. La in 1987 at INS'\nadministrative direction.\nwith two years under her belt\nImmigrant Detention Center\nand no deadline as pressing as\nand INS' increasing drug.\nPROFILE\nLAPS was. she still finds her job\ninterdiction work are examples\nchallenging, she said.\nof how circumstances can shift\n\"We'd like to make our\nmoney from systems to other\nAsk her what that varied\ncurrent systems more user-\nmore immediate needs, MacRae\nexperience gave her to bring\nfriendly, improve our interface\nsaid.\nto INS. and two words emerge\nfor all systems.\" she said,\nagain and again: flexibility and\nBrued Scope\noutlining future plans. \"We'd\nuser. Flexibility means buying\nlike to include our 'hackers' in\nFor MacRae, information tech-\nand building systems \"broad\nthat by giving them INS design\nnoking goes beyond computers\nenough in scope\" that they can\nstandards, which don't exist\nPower to the People\nand records management. Her\nbe the basis for a larger system\nyes.\" Groups are at work on\nbelieve IR the disersity you get in\ndivision also is responsible for\nor can surfice alone if circum-\nstandards. but she emphasized\nfiring computing power to your\nradio surveillance equipment.\nstances prevent further expan-\nthat standards will not be\nusers It's arry inefficient in wait for\nvoice-privacy radios. micro-\nsion. Flexibility, she explained.\nthe information systems propie to\nhanded down from on high. She\nwave towers and alien registra-\nis why she prefers PCs over\ncome set you wgt. Basicativ I'm any\nwants to go into the field and\ntion-card production.\nincluded to support local hecters.\ndumb terminals.\nask users what they need.\nThe advantages you E by name\nLast year INS procured an\nAt DOE. the information\nHer other priority is to\npeople de them OUR stay are great.\noptical storage system to assist\nsystems focus was on \"a big\ndistribute ev: more power to\nwith registration-card produc-\nmaintrame computer. I doe\nend users through placing min-\ntion. storing umages of photo-\nbelieve in that,\" she said. \"I\ncomputers at major points of\ngraphs and signatures.\nbelieve in the diversity you get\nentry with heavy workloads,\nMacRae Drives Automation Success at INS\nMacRae's division is working\nin giving computing power to\nMacRae said.\non fingerprint technology for\nyour users. It's very inefficient\nAs she distributes more\nimmigrant IDs and special fea-\nSystems chief backs broad strategy for information technology\nto wait for the information\npower to her users, MacRae\ntures to help detect false\nsystems people to come set you\nwill have to orchestrate their\nimmigrant cards.\nBy LEIGH RIVENBARK\nis tun. but it's not fun to do it\nup. Basically I'm very inclined\ndidn't have a very good rela-\nfar-fung activities. but she has\n\"The new card will have\nto support local hackers. The\n50 more times and put II in\ntionship with the contracting\npienty of practice in leading a\nfraud-preventive features\nWhen Elizabeth Chase MacRae\nplace.\" she said.\nadvantages you get by having\noffice. but now we do.\ngroup. whether as head of\nsuch as features of the paper\ncame to the Immigration and\nMacRae sounds like & team\npeople do their own stuff are\nThe resulting project, the\ninformation systems or as con-\nthat will show up in ultraviolet\nNaturalization Service in late\ngreat\"\nplayer, speaking of past agency\nLegalization Application Proc-\nductor of the Falls Church, Va.\nlight.\" she said. There is no way\n1986. she was walking into a\nFor example. several INS\nhistory as if she were with INS\nConcert Band. Like the video\nessing System (LAPS). was in\nto prevent all fraud. MacRae\ndifficult situation at an agency\nusers wrote their own dBase\nat the time. but in referring to\nplace on time. \"It was an\ngame earlier in her career. the\nadded, so INS continues to\nwith a troubled record in\nwhat \"we\" did she never\nor Lotus programs to track\nextraordinary effort. Everyone\nband is something for which she\ndevise new techniques as\nautomation.\nglosses over the rough times.\nworkloads. INS has set up a\nis making time. She's flex-\njust pitched in and worked.\"\npeople find ways to overcome\nNow. two years into\n\"When an organization which\nclearingbouse of such locally\nible.\nMacRae recalled. The major\nold ones.\nMacRae's tenure as associate\nhas not been very much auto-\nwritten programs \"so if Denver\nimpact of designing and imple-\nMacRae spent 12 years at the\ncommissioner for information\nmated starts off. it tends to bite\nneeds it and Buffaio has it. they\nmenting a system so quickly\nDepartment of Energy before\ncan share.\" MacRae said. In\nsystems. that reputation is\noff more than it can chew.\nwas that bugs remained in the\ncoming to INS. \"Energy was\nchanging. INS successfully has\nPeople's expectations were\ntime the clearinghouse may\nsystem. but INS' staff was\nexciting in the 70s when there\nautomated immigrant legaliza-\nraised and then dumped.\"\ngive awards for the best locally\nprepared for problems. she said.\nwas an energy crisis.\" but by\nwritten INS programs.\ntion. is updating its automated\nBut things began to change.\nWhen LAPS went live. \"there\n1986, with the crisis over. she\nlookout system for catching\nCongress passed the Immigra-\nwere people standing around\nillegal aliens and is moving with\ntion Reform and Control Act of\nacting as midwives that's an\nconfidence into new technoio-\n1986. and INS hired MacRae.\napt analogy, midwives.'\ngies, from optical image storage\nShe credits the immigration\nINS had attempted a general\nto fingerprint identification sys-\nreform act with giving INS not\ncase-tracking system a few\ntems.\nonly the funds for automation\nyears before the LAPS project,\nIn a relatively short time,\nbut also the push to get started:\nbut the plans proved too ambi-\nMacRae has helped steer the\na six-month deadline for de-\ntious. MacRae said. \"There's a\nagency away from potential\nsigning. installing and impie-\nsaying in the ADP area. 'You\ndisaster. In 1985 and 1986 INS'\nmenting an immigrant legaliza-\nnever know what a user wants\nautomation program had begun\ntion system for more than 100\nuntil you give him what he asks\nwith high hopes and ended with\nINS posts.\nfor.' We tried to do too much\na crash. Contracting irregular-\nThe reform act certainly got\nall at once. Although we didn't\nties in huge ADP procurement\npeople moving.\" MacRae said.\ncreate a system that worked.\nprompted Congress to an off\n\"We could not have done\nwe learned great deal\"\nINS automation funds.\nlegalization without automa-\nBecause-LAPS originally was\nThe\ngeneral\nstate\nINS\ntime. We-ail knew you couldn't\ndesigned implement the\nreflected high\nreally put 2 system together in\nreform act and handle legaliza-\ninterest in automation but low\nsix months.\"\ntion of illegal aliens. the number\ndrive in getting automation into\nBut INS had no choice\nof LAPS stations around the\nthe field. according to MacRae.\nbetween what they knew\ncountry has been decreasing as\nWe were on the verge of\ncouldn't be done and what\nthe government's amnesty pro-\nautomating without funds for\nCongress said had to be done.\ngrams for illegal aliens reach\ncompleting it. Things were\nThe information systems staff\ntheir deadlines. But INS is by\nhaifway in place.\ngets the credit for meeting that\nno means scrapping the system.\n\"With the extreme interest\nseemingly impossible deadline,\nInstead. INS is moving it\nin automation, everybody\nMackae said.\nforward. linking LAPS with a\nwanted everything at once, so\nThe momentum of working\nfraud data base designed to\nwe were continually getting the\nvery hard and working together\ncatch false identity and work\nnew things and leaving the rest\nhas arried through. know the\ndocuments. MacRae said.\nuntinished Doing a protutype\ninformation systems people\nThe LAPS project showed\n26\nLos Angeles Time\nDATE:\n1/12/\nPAGE:\n1, BarT I\nJurors at GAF Trial Distrusted\nChief Witness for Government\nBy SCOT J. PALTROW, Times Staff Writer\nNEW YORK-Two former jurors in the\nmer brokerage chairman has been\nGAF Corp. stock manipulation trial dis-\ncooperating with prosecutors to try\nclosed that a number of jurors doubted the\nto get a light sentence. Jefferies,\ntruthfulness of the government's main\nimplicated by former stock specu-\nlator Ivan F. Boesky in illegal\nwitness, Boyd L. Jefferies, the former\nchairman and chief executive of the Los\nsecurities schemes, pleaded guilty\nto two felony counts in 1987 and\nAngeles-based securities firm Jefferies\nhas been living at his home on the\nGroup Inc.\ngrounds of a country club in Indian\nJoann Crawford, 51, a management em-\nWells, near Palm Springs.\nployee at New York Telephone Co., also\nLozada, a management consul-\nsaid that in discussing the case among\ntant who works for nonprofit col-\nthemselves. just after a federal judge\nleges, said that despite his own\ndeclared a mistrial on Tuesday. some jurors\nskepticism, he didn't totally dis-\nindicated \"prejudice\" against Jefferies be-\ncount Jefferies' testimony, adding\ncause of his wealth and a remark he had\nthat while on the stand Jefferies\nmade about \"menial jobs.\"\ngave the appearance of telling the\ntruth. But, Lozada said, \"at least\nNeeded More Evidence\none other juror was more skeptical\nGAF and its vice chairman. James T.\nabout: his statements and his be-\nSherwin, are accused of plotting with\nlievability, because he is an admit-\nJefferies & Co., the brokerage subsidiary of\nted criminal.\"\nJefferies Group. to bid up the price of Union\nCrawford said a few jurors\nCarbide stock in 1986. GAF at the time was\nseemed prejudiced against Jefferies\npreparing to sell a big block of Carbide\nbecause of \"his station in life,\" she\nshares. U.S. District Judge Mary Johnson\nsaid. \"They resented it\" Several of\nLowe declared a mistrial Tuesday because\nthe jurors were blue-collar or cleri-\na prosecutor had delayed turning over to\ncal workers. She said they had been\ndefense lawyers a report suggesting that a\ninfluenced by the beginning of\ncrucial piece of evidence had been tam-\nJefferies' testimony, when he re-\npered with.\ncounted his background and talked\nJury selection is due to begin today for a\nabout working on a ranch for\nretrial. But it may be delayed after a\nseveral years immediately after\nhearing this morning before the U.S. 2nd\nleaving college. He referred to the\nCircuit Court of Appeals in New York on a\nwork as performing \"menial jobs.\"\n\"That sort of stuck in some of\nrequest by defense lawyers to dismiss the\ntheir [the jurors'] minds,\" she said.\ncase.\nCrawford and Leo Lozada, 38. who\nThe Jefferies case is the first of a\nserved as jury foreman, said in interviews\nfamily of related cases, stemming\nWednesday that although they both had\nfrom the guilty pleas of Boesky and\ndoubts about Jefferies' testimony, most\nformer investment banker Dennis\njurors felt they hadn't heard enough evi-\nB. Levine, to come to trial. There\ndence to have made up their minds about\nwas some concern among attorneys\nthe case.\nabout whether jurors would be able\n\"There was a consensus [after the\nto follow the jargon and complexi-\nmistrial] that. at the point the trial was at.\nties of stock trading and Wall\nStreet finance.\nwe did not have a good enough feeling one\nBut both Lozada and Crawford\nway or the other.\" Lozada said. \"We would\npraised efforts by Judge Lowe and\nhave had to hear more testimony or see\nAssistant U.S. Atty. Carl H. Loew-\nmore evidence.\"\nenson Jr. to ensure that all terms\nThe jurors said they had followed the\nwere explained in simple language.\njudge's instruction not to discuss the case\n\"I did not find it difficult to follow,\"\namong themselves while the trial was still\nshe said.\nunder way.\nHowever, on Tuesday, another\nThe mistrial was declared after Jefferie\njuror, William Patten, had said in\nhad testified for one week and the govern\nan interview that the trial at times\nment was still presenting its case. Th\nhad come close to being too com-\ngovernment was expected to call at least\nplex for the jurors to follow.\none additional witness-James Melton, the\nBut Lozada and Crawford said\ntop trader at Jefferies & Co.-to try to\nthey were pleased with what they\ndirectly corroborate Jefferies' account.\nhad learned during the trial about\nLozada said that ne and other juror\nhow the stock market works. \"This\nwouldn't have aptepted Jefferies' testimo-\n27\nwas a hell of an education,\" Lozada\nny without corroboration because the for\nsaid.\nDATE:\nNATIONA REVIEW\nPAGE: 16\nRICO Run Amok\nTHE WORLD MAY never know if Drexel Burnham,\nWall Street securities firm that pioneered the\nmodern junk-food market and by that means helped\nto restore power to corporate stockholders, was guilty\nof the charges to which it is currently negotiating a\nguilty plea. In truth, Drexel Burnham had little choice,\nwhether innocent or guilty.\nBy taking action against the company under the\nRICO law, intended for use against organized crime,\nfederal prosecutors were able to impose on the com-\npany financial sanctions that threatened to ruin it\nbefore the trial. Once Drexel was able to limit the\nfinancial costs of conviction by advance agreement,\nthe calculation was plain and imperative. The costs\nof pleading guilty: $650 million in fines and restitu-\ntion. The costs of insisting on a fair trial: bankruptcy\nand ruin. When criminals make such threats to com-\npanies, we call it \"the protection racket.\" When fed-\neral prosecutors and the SEC do so, we give them\nfavorable newspaper headlines.\nIn other words, RICO has abolished the presump-\ntion of innocence. That is a legal innovation that is\nhard to justify even if it leads to the jailing of mur-\nderers. It is doubly difficult to support when its vic-\ntims are stockbrokers whose clients, supposedly the\nvictims of their activities, make no complaint. The\nmost lasting legacy of Mr. Rudolph Giuliani, the U.S.\nAttorney for Southern New York, who has led the\nbattle against Drexel, may well be to have destroyed\nthe credibility of a guilty plea. These are not the best\ncredentials for Mr. Giuliani's rumored run for the\nmayoralty of New York.\n28\nLEGAL TIMES\nDATE:\n1-9-89\nPAGE:\n16\nANALYSIS\nA Friendly Judiciary,\nWith Slots to Fill,\nAwaits New President\nAs Reagan's opportunity for\nreshaping the federal bench comes to\na close, a survey of key appointments\nshows the groundwork has been well\nlaid for a conservative revolution.\nBY HERMAN SCHWARTZ\nThe most significant reshapings are at\n6th Circuit struck down a similar Ohio\nthe U.S. Courts of Appeals, where these\nstatute. Nor can one fail to note that some\ny the time his second term expires\n\"regional Supreme Courts\" make law for\nof the decisions against individual rights\nB\non Jan. 20, 1989, President Ronald\ngroups of states and where the administra-\nwere legally sound, for neither the Cons-\nReagan will have appointed 83\ntion has had the freest hand. It is here that\ntitution nor other law provides a remedy\ncircuit judges out of 169 authorized posi-\nthe truly ideological appointments have\nfor all the world's ills and injustices.\ntions, leaving eight seats vacant, and 292\nbeen made, with special emphasis on id-\nBut many of these new judges have ig-\ndistrict judges out of the 575 authorized,\neologues and law professors like Robert\nnored precedent or unambiguous law or.\nleaving 18 slots unfilled. Of his 375 ap-\nBork (no longer on the bench), Pasco\nwhen the choice was available, have\npointments, 30 are women and 23 are\nBowman, Frank Easterbrook, Douglas\nchosen the side of authority to reject a\nblack, Hispanic, or Asian-American.\nGinsburg. Alex Kozinski, Daniel Manion,\nclaim that rights were violated. Creating\nWhat difference has this spate of ap-\nRichard Posner, Laurence Silberman, and\nand expanding court-shutting devices like\npointments made? Are the Reagan judges\nStephen Williams. By December 1987,\nstanding, government immunity to suit,\nfar more conservative than others? Have\nReagan appointees had achieved a major-\nand political questions; rewriting the anti-\nthey been able at least to begin the con-\nity on some of the circuits-the 2nd Cir-\ntrust laws virtually to eliminate concern\nservative revolution in the courts? Have\ncuit in New York, the 6th and 7th circuits\nabout economic concentration and the\nthere been any other consequences from\nin the Midwest, and the D.C. Cir-\npreservation of small business; and nar-\nthis kind of appointment?\ncuit-and were near a majority elsewhere.\nrowly interpreting Supreme Court prece-\nAnswers to these questions are not easy.\nTogether with the appointees of Presidents\ndent have been among the most common\nA fundamental shift in judicial direction\nRichard Nixon and Gerald Ford, the con-\ntechniques. In the process, the Reagan\ncan come only from the Supreme Court,\nservatives were in command of most\njudges have transformed at least two of the\nand until Justice Lewis Powell Jr.'s un-\nCourts of Appeals.\ncircuits-the 7th and the D.C. cir-\nexpected retirement in 1987 provided the\nObviously, the decisions of the Reagan\ncuits-into forums hostile to civil-rights\nopportunity, there had been no such shift.\njudges have not been uniformly hostile to\nand civil-liberties claimants. Judicial\nBut lower-court judges with strongly held\nindividual rights. Obedience to the Su-\nprofiles of a few key figures who are still\nviews can affect the outcomes of numer-\npreme Court or strong circuit precedent,\non the bench follow.\nous decisions that never reach the Su-\nregardless of personal unhappiness with\nRichard Posner\npreme Court and that sometimes point the\nthese decisions, and even the judges' own\nway in new directions. What is the record\nbeliefs or objective legal analyses, have\nJudge Posner of the 7th Circuit Court of\nso far?\nsometimes produced surprisingly liberal\nAppeals has concentrated on antitrust and\nAt the trial-court level, the Reagan-\nresults.\nsimilar economic issues, going at the law\nwrought change so far does not seem\nJudge Ralph Winter of the 2nd Circuit,\nwith a zeal that even a sympathetic cor-\ngreat, partly because many of the likely\nfor example, has been relatively sympa-\nporate lawyer described in the Antitrust\ndifferences are in the fact-finding and\nthetic to criminal defendants, and Judge\nBulletin as \"almost religious,\" marked by\nmanagement of specific trials, and such\nPosner of the 7th Circuit has not tried to\nthe absence of \"a judicial and restrained\nmatters take time to become noticeable.\nreduce access to the courts with standing\napproach to finding the law.\nCivil-rights lawyers have complained\nand similar devices. Reagan judges on the\nabout some Reagan judges and been\n8th Circuit upheld a constitutionally\npleasantly surprised by others.\ndubious Minnesota abortion statute, al-\nthough a trio of Reagan appointees on the\n(continued)\n29\nPosner's basic idea is to construe nar-\nstruction contracts for minority busi-\nBy narrowly defining \"excessive\nrowly the antitrust laws to allow a great\nnesses. The dissenting appellate judge\nforce,' Easterbrook has also tried to\ndeal of anti-competitive behavior and to\npointed out that the city council had evi-\nprotect local governments against those\nskirt inconsistent Supreme Court deci-\ndence that between 1978 and 1983. only\nbeaten up by the police. Professor James\nsions. In 1986, a group of 21 state at-\ntwo-thirds of one percent of city contracts\nWilson, who studied Easterbrook's record\ntorneys general attacked Posner and the\nhad gone to minorities and that, as one city\non civil liberties, concluded that the judge\n7th Circuit in a Supreme Court petition for\ncouncilman put it, \"the general conduct in\nis \"as 'result-oriented, unprincipled,\nignoring the high court's rulings and\nthe construction industry in this area, and\nand 'non-neutral' as the liberals he and his\ndoning such practices as allowing\nthe state and across the nation, is one in\ncolleagues have so often criticized on\npetitors to form group boycotts to exclude\nwhich race discrimination\nis wide-\nthese very grounds.\"\nother competitors, permitting manu-\nspread\" fact disputed by no one at the\nAlex Kozinski\nfacturers to prohibit advertising price re-\nhearing and virtually beyond argument.\nductions, and allowing sellers to insist that\nWilkinson has also generally favored\nAffirmative action was a target not only\nif a customer wants a very desirable pro-\nthe prosecution in criminal cases and usu-\nfor Wilkinson but also for Alex Kozinski\nduct, the customer has to take a second,\nally opposes civil-rights claimants.\nof the 9th Circuit. In 1987, in Associated\nless desirable item.\nOn the other hand, Wilkinson tried to\nGeneral Contractors V. San Francisco,\nBut antitrust law is not the only arena in\nhave the full 4th Circuit rehear a case in\n813 F.2d 922, involving a system of pref-\nwhich Posner has justified the conserva-\nwhich publisher Larry Flynt was ordered\nerences in municipal contracts created by\ntives' pleasure at his appointment. He be-\nto pay damages to the Rev. Jerry Falwell\nthe San Francisco Board of Supervisors\nlieves that prisoners injured by prison doc-\nfor invading Falwell's right to privacy.\nfor minority (10 percent), female (two\ntors should look for a lawyer in the open\nFlynt's Hustler magazine had run a parody\npercent). and local businesses. Kozinski\nmarket. (The other members of his panel\nof a Campari Liqueur ad in which Falwell\napplied a very restrictive interpretation of\nin the 1983 case. Marriott V. Faulkner,\nallegedly committed incest with his\nthe Supreme Court's racial-preference\n697 F.2d 761, disagreed.) He called for\nmother as his \"first time. Except for\ncases to strike down the minority prefer-\nchanges in the law of habeas corpus in a\nWilkinson, the circuit lined up in id-\nences. while upholding the other prefer-\nconcurrence in a 1985 case. Phelps V.\neological camps. Some observers have\nences. Even though he admitted that the\nDuckworth. 772 F.2d 1410. With the con-\nsuggested that Wilkinson's eloquent con-\ncity had made a very careful analysis of\ncurrence of another Reagan appointee and\ncern for First Amendment values resulted\nthe problem and that no witnesses had\nagainst a vigorous dissent in Menora V. 11-\nfrom his three years as editor of the\nspoken against the preferences. Kozinski\nlinois High School Association, 683 F.2d\nNorfolk Virginian-Pilot. In February\nconcluded there had been no-finding of\n1030. in 1982 he overturned a district\n1988, the Supreme Court unanimously\nprior discrimination by the board. a pre-\njudge's ruling against a high-school bas-\nagreed with Wilkinson in its decision in\nrequisite to such relief. despite lower court\nketball association rule that prevented\nFlynt v. Falwell, 108 S. Ct. 876 (1988).\nfindings and evidence to the contrary.\nJewish players from wearing yarmulkes,\nFrank Easterbrook\nKozinski also seems to have ignored\neven though the District Court found the\ngoverning Supreme Court decisions in a\ncaps created no safety hazard.\nEasterbrook has been on the 7th Circuit\n1986 ruling that a Santa Barbara. Calif.,\nAfter studying Posner's record through\nonly since spring 1985, but he has already\nregulation that controlled mobile-home\n1985, Professor James Wilson of Cleve-\nestablished himself as a brilliant mani-\npark rents might be a so-called taking. re-\nland-Marshall College of Law concluded\npulator of legal doctrine, usually to stop\nquiring the city to compensate the mobile-\nin a 1986 law-review article that Posner\nlitigants from suing public officials.\nhome landlords for the reduced value. As\nand the even more conservative Reagan\nIn a 1986 prison case, Chapman V.\nthree other judges pointed out. at least\nappointee Judge Frank Easterbrook usu-\nPickett, 801 F.2d 912, concerning a pris-\nthree Supreme Court cases. as well as\nally reject First Amendment. equal-\noner who was kept in solitary confinement\nthose of numerous other courts. had rejec-\nprotection, and due-process arguments. as\nfor 289 days because his Moslem religious\nted rent-regulation challenges. often\nwell as most complaints from criminal\nbeliefs prevented him from handling\nwithout even bothering to hear arguments.\ndefendants and prisoners.\ndishes on which pork had been served,\nKozinski relied on a lone dissent by\nEasterbrook, in dissent, not only wanted\nRehnquist in a 1983 case that the Court\nJ. Harvey Wilkinson\nto rule against the prisoner but also to open\nhad refused to hear \"for lack of a sub-\nup and overrule decisions in the case made\nstantial federal question.'\n\"Conservatives couldn't be happier\neight years earlier and not even challenged\nwith Judge Wilkinson,' concluded The\nby the prison administrators.\nSilberman and Starr\nWall Street Journal in February 1988 of\nIn another case decided during his first\nJudge Laurence Silberman of the D.C.\nthis 4th Circuit conservative. \"He's as\nyear on the bench, Easterbrook was will-\nCircuit quickly established himself as one\ngood as we anticipated he would be.\ning to allow Social Security Administra-\nof the most zealous ideological ap-\nrejoiced then Assistant Attorney General\ntion judges who ruled against beneficiaries\npointees, whereas Judge Kenneth Starr, an\nWilliam Bradford Reynolds.\nto refuse to make specific fact findings,\nearly appointee to that same bench, was\nAnd no wonder. In Croson v. City of\neven though this was required by statute;\nsomething of a centrist. On affirmative\nRichmond, 822 F.2d 1355, which the Su-\nother members of the circuit refused to go\naction, however, such distinctions would\npreme Court is reviewing this term, Wil-\nalong with him (Stephens V. Heckler, 766\nvanish; and both took aim at it in August\nkinson killed a Richmond City plan that\nF.2d 284). In still other cases, he at-\n1987. In a 2-1 decision, in Hammon V.\nset aside 30 percent of municipal con-\ntempted to create procedural barriers\nBarry, 826 F.2d 73, with Judge Abner\nagainst Social Security recipients and\nMikva in angry dissent, the two Reagan\nothers claiming government benefits.\nappointees brushed aside substantial evi-\ndence of discrimination at the D.C. Fire\n(continuied)\n30\nDepartment and gave a narrow reading to\ngenerate spirited debate as the selection of\na recent group of Supreme Court decisions\na federal district or appellate judge with\nthat had upheld affirmative action. They\nlife tenure and though that is far from an\nreversed the approval of a voluntarily\nideal situation, it means that less attention\nadopted affirmative-action hiring plan by a\nhas been paid to partisan political and id-\nlower court judge, who had overridden his\neological considerations.\nhostility to race-conscious employment\nThe conservatives' crusade to pack the\ndecisions-he had struck down the pro-\ncourts with ideological zealots has induced\nmotional provisions-because the judge\nmore rather than less partisanship. The\nfound the evidence of past hiring dis-\neffect on how the courts are perceived by\ncrimination to be so strong.\nthe public and the bar is especially dis-\nSilberman and Starr also voted to strike\nturbing. It is not hard to imagine the un-\ndown the independent-counsel statute as\neasiness of lawyers arguing cases before\ntoo great an encroachment on the presi-\njudges whose appointments they publicly\ndent's power. Of the eight Supreme Court\nopposed, and the nervousness their clients\njustices who reviewed the case in\nmust feel. On the other side of the bench,\nMorrison V. Olson, only Scalia agreed\nit takes a remarkably mature and selfless\nwith them.\nperson to forget who tried to deny him or\nher a highly coveted prize. Disqualifica-\nPartisanship Problems\ntion is a solution, but hardly an ideal one.\nObviously, because it is still very early,\nThe polarization that such controversies\nit is difficult to make definitive judgments\ncreate can also make it more difficult for\nabout so subtle a matter as the impact of\njudges to work together, to seek common\njudges on the law. As Assistant Attorney\nground, and to narrow differences. It may\nGeneral Stephen Markman, who took over\nharden positions that were far apart to be-\nas the Justice Department's point man in\ngin with.\njudge selection, said in May 1987, \"It will\nFinally, the determination with which\ntake five to 10 years before the full impact\nthe conservatives have pursued their goal\nof the process is felt.\" That seems a bit\nof putting reliably staunch conservatives\npessimistic (or optimistic, depending on\non the courts could well produce a mirror-\none's perspective), but the basic idea is\nimage determination in a liberal adminis-\ncorrect: It is still early, and the single most\ntration. This reaction would be par-\nimportant factor-the future direction of\nticularly understandable if there is wide-\nthe Supreme Court-has not yet been\nspread public support for such a move, as\ndecided at this writing.\nthere was for President Franklin Roose-\nBut there are other effects of the con-\nvelt. Except when he tried to tamper with\nservative court-packing campaign, apart\nthe Supreme Court's independence, he\nfrom the specific case outcomes and shifts\nencountered no great public opposition to\nin substantive and procedural law. These\nhis efforts to appoint liberals to the Su-\ninclude the impact on how Americans\npreme Court and lower courts. This kind\nperceive the courts and on the internal\nof action and reaction can only damage the\nworkings of the institution.\ncourts even further.\nThe conservative campaign to tilt the\nAll of this can impair the aura of objec-\ncourts in a new direction is not illegiti-\ntivity and fairness on which the authority\nmate. Those in position to produce such a\nof our courts ultimately depends. That\ntilt and who think it necessary are con-\nwould be the gravest harm that the con-\nstitutionally and otherwise entitled to do\nservative court-packing could inflict.\nso.\nSuch a concentrated effort, however,\nintroduces an intensely partisan and divi-\nsive note into the selection process. Al-\nthough partisan politics are inevitable,\nsuch considerations have usually played a\nvery minor role in lower-court ap-\npointments and only a slightly greater role\nin Supreme Court nominations. Sen. Pat-\nrick Leahy (D-Vt.) once said that \"Na-\ntional Pickle Week has been as likely to\n31\nThe\nStar-Ledger\nDATE:\n1-12-89\nPAGE:\n59\nNEWHOUSE NEWSPAPERS\nNewark, N.J.\n\"Con artist gets 12 years for\npenny stock fraud\n\"He was driven by organized crime, and\nBy JOSEPH R. PERONE\nthe money was going to be distributed to organ-\nthe Reliance Savings and Loan of Rahway ar\nMarshall Zolp, a slick con man and major\nized crime,\" Sussman said. He said Zolp has\nanother $250,000 to be transferred \"to assoc\nstock swindler, was sentenced yesterday to 12\nprovided information to federal grand juries in\nates in Las Vegas, Nevada.\"\nyears in prison for racketeering as part of a\nLos Angeles and Louisiana.\nDuring the past 11 years be has been the\nplea bargain in which he agreed to testify about\nSussman also said his client's life was\nsubject of seven different state or federal se\npenny stock scams involving organized crime\nthreatened. He said one time Zolp was kidnaped\ncurities probes.\nfigures.\nfrom New Jersey by organized crime figures\nZolp, impeccably dressed in a dark blue\nThe eloquent flimflam artist showed no\nand taken to Long Island. He \"was told he was\nsuit with his hair slicked back, smiled as he\nemotion as he was sentenced in federal court\ngoing to be murdered,\" according to Sussman.\nentered the courtroom yesterday. \"I stand here\nbefore U.S. District Judge Alfred J. Lechner Jr.\nInstead, he maintains, Zolp was beaten \"as a\nshamed today-disgraced,\" he said prior to sen-\nZolp, 42. agreed to repay $1.8 million to stock-\nwarning.\"\ntencing. He told the court his behavior \"was\nholders of Laser Arms Corp., a bogus company\nIn a separate incident. Sussman said \"an\nperhaps out of character\" and said his friends\nbe created to market a phony, self-chilling beer\ncould not understand how he became involved\ncan. He also was fined $50,000.\n\"in the malicious hoax that Laser Arms be-\nSeveral co-conspirators from New Jersey\nescape was prevented\" as a result of informa-\ncame.\"\nare serving prison terms for their role in the\ntion his client provided to the government about\nLechner pointed out that Zolp's behavior\n$2.4 million fraud.\na group of terrorists who are \"waiting to be de-\nwas not out of character.\nZolp, who is in the federal witness protec-\nported.\" He declined to name them.\n\"You are a con man. There is no way\ntion program, served as \"a franchise,\" or front\nA former alcoholic and combat pilot who\naround it,\" Lechner said. \"Everything has fallen\nman, for mobsters who sought to enrich them-\ndeserted during the Vietnam war, Zolp used\napart. You've been caught.\"\nselves at the expense of small investors, accord-\ncharm and cunning to draw savvy investors into\nIn return for the guilty plea, the govern-\ning to Robert P. Warren, chief of the Fraud\nhis penny stock frauds. His trademarks included\nment has agreed not to prosecute Zolp for fail-\nand Public Protection Division of the U.S. At-\nfictitious documents, non-existent directors and\ning to file income tax returns since 1968 and his\ntorney's Office in Newark.\nvarious aliases.\ninvolvement with any violations regarding Se-\n\"He was a vehicle for various organized\nZolp created false financial documents and\ncurities Transfer Inc., Cambridge Capital Corp.\ncrime figures,\" Warren said, \"to funnel money\na shareholders' report that featured phony offi-\nand Post, Hamilton and Druthers, a brokerage\nback to them by bilking the public.\"\ncers under the names Robert Wardlaw, Tucker\nhouse.\nWarren said Zolp is providing information\nBinkley and Seymour Schwartz, according to\nZolp also has agreed to plead guilty to a\nto the Securities and Exchange Commission and\nU.S. Attorney Samuel A. Alito Jr. The report\ncriminal contempt charge in Chicago.\nincluded forged signatures and photographs of\nthe Justice Department regarding \"various in-\nnon-existent officers, including a deceased\nvestigations.\"\nactor.\nAfter the sentencing, Warren said Zolp also\nZolp and 10 other defendants conspired\nhas provided information about a foreign \"ter-\nfrom December 1985 to September 1986 \"to\nrorist organization which he had contact with in\nmanipulate the price of Laser Arms stock in\njail.\" He would not name the organization or\nviolation of the criminal provisions of federal\nprovide further details about the organized\nsecurities laws,\" Alito said.\ncrime probes. He also said Zolp's life has been\nZolp also obstructed justice by ignoring a\nthreatened.\ncourt order freezing some Laser Arms ac-\nZolp is talking to government investigators\ncounts. Zolp and others transferred monies\nabout \"crime families mainly in New Jersey,\"\nfrom the frozen accounts to other accounts\naccording to his attorney, Raymond Sussman.\nHe said the mob provided Zolp with \"customer\nunder his control. Alito said Zolp caused\nsales offices and equipment,\" including a sales\n$200,000 to be transferred into an account with\noffice in a New York car dealership, to further\nsome Dennv stock scams.\n32\nThe Miami Herald\nDATE:\n1/12/89\nPAGE:\n22A\nWitness charged with bribery attempt\nBy LORI ROZSA\nand 'sanitize' his previous testi-\nbefore the grand jury in Fort Lau-\nHerald Staff Writer\nmony, which would extricate Wald-\nderdale eight days before and said\nA federal grand jury investigation\nron from his legal problems,\" FBI\nWaldron had falsified documents to\ninvolving Palm Beach County devel-\nagent Anthony Yanketis wrote in Pi-\nFlorida National Bank in 1987 to ob-\noper Thomas S. Waldron suffered a\nneiro's arrest affidavit.\ntain a loan from the bank.\nsetback Wednesday when FBI\nDiane Cossin, spokeswoman for\nPineiro also said he told the grand\nagents arrested a man for allegedly\nthe U.S. attorney's office in Miami,\njury that Waldron had back-dated\ntrying to bribe the developer.\nsaid she couldn't comment on the\ndocuments and had hidden assets\nJavier Revuelto Pineiro of Boca\ngrand jury investigation, but added\nrelating to the bankruptcy of Wald-\nRaton, who gave damaging testimo-\nthat anytime a witness is arrested, it\nron's Diamond C Construction Co.,\nny against Waldron before a federal\ncan jeopardize the entire case.\naccording to Yanketis.\ngrand jury, told Waldron he would\nYanketis said Waldron allowed\nPineiro was arrested at the Palm\nrecant his testimony if Waldron paid\nthe FBI to tap a phone call Pineiro\nHotel in West Palm Beach Wednes-\nhim $200,000, the FBI said.\nmade to him.\nday after he allegedly took a\n\"In return for the $200,000, Pi-\nYanketis said Pineiro told Wald-\n$75,000 payment from Waldron,\nneiro would return to the grand jury\nron on Nov. 26 that he had testified\nFBI agents said.\n33\nThe Hartford Courant\nDATE: 1/12/89\nPAGE:\nA5\nLove led defendant\nunderground, lawyer says\nBy WILLIAM COCKERHAM\nnot be shown that she ever robbed a\nCourant Staff Writer\nbank, cased a bank or drove a get-\naway car. It did not happen. She\nSPRINGFIELD A 40-year-old\nwasn't a bomber, a bank robber or an\nwoman accused of conspiring to\nattempted murderer.\"\noverthrow the U.S. government had\nNewman said Patricia Levasseur,\ntwo choices a decade ago, her attor-\nwho lived with her family in Derby,\nney said Wednesday - join her\nConn., in 1978 under aliases, was not\navowed revolutionary husband un-\nunlike any other normal woman.\nderground, or never see him again.\n\"She did everything you'd expect\nWilliam Newman told a U.S. Dis-\nfrom a caring mother,' he said. \"She\ntrict Court jury that defendant Pa-\nenrolled her children in school, took\ntricia Gros. Levasseur - charged\nthem to doctors' appointments\nwith seditious conspiracy, racket-\nbaked cookies for PTA meetings\neering and conspiracy to racketeer\ngrew a garden.\"\n- is innocent and that whatever she\nNewman said he and his client\ndid to harbor her 42-year-old fugi-\nresent the government's use of the\ntive husband, Raymond Luc Levas-\nterm \"underground.\"\nseur, was out of love for him and\n\"Underground? She only joined\ntheir three children.\nher husband to be away from the\nNewman said Raymond Levas-\nseur would have left his family, to\neyes and ears of the government. She\nprotect them, if they had not used\ndidn't live in a safe house. She lived\naliases and false identification.\nin a home. It wasn't a cell. It was a\nThe federal government has\nmarriage,\" he said. The term cell\ncharged that the Levasseurs and a\nwas used in the 1950s to describe\nthird defendant, Richard C. Wil-\ncommunist groups.\nliams, 41, were involved in at least a\nNewman said, however, that Le-\ndozen bank robberies and bombings\nvasseur does subscribe to many of\nthroughout the Northeast from 1976\nher husband's beliefs, including that\nuntil they were arrested in 1984.\nthe U.S. government supports rac-\nism and repression. On Tuesday,\n\"The promises of proof you heard\nRaymond Levasseur, who prosecu-\nfrom the government [Tuesday] will\ntors say was a leader of the radical\nnot be made in this case,\" Newman\nUnited Freedom Front, told the jury\ntold the 10 women and two men\nthat he is a revolutionary, but denied\nsitting in the jury box. \"Proof will\nbeing a racketeer or a criminal.\nThe first witness, a head teller in a\nMaine bank allegedly robbed by the\nradical group in 1976, was called to\nthe stand late Wednesday morning.\nAithough she did not identify any of\nthe defendants, she did describe a\nski-masked robber who stuck a\nsmall revolver in her ribs during the\nrobbery. Other witnesses are expect-\ned to testify about the robbery.\nAmong other bank robberies at-\ntributed to the group was one at a\nbranch of New Britain Bank & Trust\nCo. in New Britain, in which $89,000\nwas taken June 25, 1981.\n34\nNATIONAL REVIEW\nPAGE:\n17\nMayor Barry's Legacy\nT\nwo D.C. UNDERCOVER cops were stationed at a\nRamada Inn late last month, where they were\nabout to make a drug deal with one of the guests, a\nformer city employee named Charles Lewis. But who\nshould drop in for a social call on Mr. Lewis but\nMayor Marion Barry?-whereupon the detectives were\nrecalled from their assignment. After Lewis checked\nout, police found traces of cocaine in the room where\nhe'd just spent four weeks. The mayor had visited him\nseveral times, and a Barry aide had picked up the tab\nfor his stay. Upon leaving, Lewis vanished.\nWhen the story hit the front page of the Washing-\nton Post, Barry had a lot of explaining to do. He\ndidn't do it. He admitted only \"maybe lack of some\njudgments\" in his associations and accused the Post\nof waging a vendetta against him, perhaps because it\nhas persisted in reporting on his associations. He im-\nplied that the liberal paper was somehow driven by\nracist motives, a charge only his most diehard follow-\ners were buying.\nBarry has been the subject of several scandals and\nmany rumors. In his ten years as mayor, 11 city\nofficials have been convicted on corruption charges,\nand his former mistress served time twice. once for\ndrug dealing and once for refusing to testify whether\nshe'd supplied Barry himself with drugs. His turn may\nbe coming: the Justice Department is investigating his\nlatest indiscretion.\nIt's a pattern at least as old as Jimmy Walker: a\nflamboyant big-city mayor with an ethnic base of\npopularity plays fast and loose with the law, then tries\nto keep his head out of the noose by appealing to his\nfollowers' shared sense of victimhood. This time the\nact isn't flying. Even (or especially) the capital's black\njournalists are openly saying he's an embarrassment,\nand whites, in this post-Bonfire world, aren't being\nbluffed or scared off from criticizing him. Barry has\nmade D.C.'s city government a bad joke, brought dis-\ncredit on home rule, and jeopardized whatever chance\nthe District had of attaining statehood.\n35\nThe Miami Herald\nDATE:\n1/12/89\nPAGE:\n26A\nPut guilty in prison\nI'\nT MAY COME as a surprise to some\nwithin the \"military-industrial com-\nplex,\" but bribery is not an art. It is a\nFOR PROCUREMENT RIPOFFS\ncrime. Those who practice it are criminals.\nThat is the message delivered now that\nthe Justice Department's Operation Ill\ndeed, for a company of Emerson's size (an-\nWind finally has gusted through the glass\nnual sales $6.7 billion), a million-dollar fine\ntowers of Crystal City, an office complex\nis little more than a nuisance, the cost of do-\nnear the Pentagon teeming with defense\ning business. To change the climate, corpo-\ncontractors. Indicted for bribery, conspira-\nrate executives must go to prison when con-\ncy, wire fraud, racketeering, and theft of\nvicted of bribery or fraud. They must be\nGovernment property were Stuart E. Ber-\nheld personally responsible for tolerating a\nlin, a civilian Navy official with virtually un-\ncorrupt environment.\nchecked authority to award contracts; con-\nSince 1982 Congress has rewritten de-\nsultants Fred Lackner and William Parkin,\nfense-procurement laws four times to tight-\nwho allegedly funneled regular payments to\nen procedures and enforcement. Additional\nMr. Berlin: and Teledyne Industries and\nchanges are warranted; the revolving door,\nthree of its former vice presidents.\nfor example, clearly remains a problem.\nHours earlier, Hazeltine Corp., which is a\nStill, the tightest law will be corrupted if\nsubsidiary of Emerson Electric Co., and two\nthere is greater reward in flouting than\nof its executives pleaded guilty to related\nobeying it. For too long the rewards of flout-\ncharges and agreed to pay $1.9 million in\ning and skirting procurement laws have\nfines and costs. Teledyne marketing execu-\nbeen higher than the risks.\ntive Michael Savaides, who bought and sold\nU.S. Attorney Henry Hudson of Alexan-\ninformation, also admitted to conspiring to\ndria, Va., says that that is changing, that\nbribe Mr. Berlin.\nthere are more indictments, more pleas.\nIf corruption in the Pentagon's multibil-\nmore trials, and more glass to be broken in\nlion-dollar purchasing process is as endemic\nCrystal City. Good! Let every shard find its\nas insiders insist, corporate fines - howev-\ntarget. And let every target know that it has\ner stiff - will not change the climate. In-\nbeen hit.\n36"
}