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    "title": "Iran/Arms Transaction: North/Poindexter Classified Discovery Request (5)",
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        "Records of the Office of Counsel to the President (Reagan Administration)",
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    "url": "https://s3.amazonaws.com/NARAprodstorage/lz/presidential-libraries/reagan/12011812/40-123-12011812-CFOA1131-029-2018.pdf",
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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 (5)\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/\nUNITED STATES DISTRICT COURT\nFOR THE DISTRICT OF COLUMBIA\nUNITED STATES OF AMERICA\n)\n)\nV.\n)\nCriminal No. 88-0080 --\n)\n02 - GAG\nOLIVER L. NORTH,\n)\n)\nDefendant.\n)\n)\nGOVERNMENT'S MEMORANDUM OF POINTS AND AUTHORITIES IN\nOPPOSITION TO DEFENDANT NORTH'S MOTION FOR A CONTINUANCE\nThe only serious impediments to a September 20 trial\non all counts are the CIPA problems scheduled for discussion in\nAugust and the Court's July 8 Order for extensive additional\ndiscovery. The problems presented by that Order are discussed\nin the Government's memorandum in support of its cross-motion\nfor modification. This memorandum responds to the points\nraised in the defendant's motion for a continuance.\nHaving failed in several attempts to avoid completely\nthe trial of this case, while proclaiming his innocence in\nspeeches, the defendant Oliver L. North is now grasping at the\ncriminal defendant's maneuver of last resort -- delay. Rather\nthan promptly submitting the charges against him to a fair and\nimpartial jury of his peers, North seeks a six-month delay of\nthe September 20 trial. The Government, on the other hand,\nseeks a resolution of the defendant North's guilt or innocence,\none way or the other, on the reasonable schedule set by the\nCourt.\n007606\nSeptember 20 is almost two years after public\ndisclosure of the events at issue, more than six months after\nindictment, and more than two months later than the trial date\nprojected by the Court shortly after arraignment. See Tr. of\n4/12/88 at 119. Far from offering persuasive reasons for\nderailing the Court's carefully considered schedule, the\ndefendant advances only the claims (1) that he cannot be ready\nfor trial six months after indictment; (2) that external\npolitical events should govern the schedule of a criminal case;\nand (3) that defense counsel need a vacation. Not only are\nthese contentions unconvincing, the defendant presents a\ndistorted picture of the status of the case.\nThe Government submits for the reasons set forth\nbelow that there is no valid reason to delay the trial beyond\nSeptember 20. This case will be ready for trial on that date.\nAt the very least, as the Court has recognized, a trial of the\nfalsification, obstruction and enrichment counts, the simple,\nstraightforward counts in the indictment, can and should go\nforward. 1/ While Counts One through Three pose additional\nhurdles, the Government contends that they too can be ready.\nI. The Defendant North Does Not Need Additional Time to\nPrepare For Trial\nThe defendant North's repeated claims that he cannot\nbe ready for trial on September 20 rest on two fundamental\n1/ While the Court's Order of July 8 did not refer to the tax\nfraud count, the Government knows of no reason to treat it\ndifferently than those counts the Court believes can proceed.\n-2-\nfallacies: (1) that the defense is somehow unfairly prejudiced\nbecause the Independent Counsel had fifteen months to\ninvestigate this case prior to indictment while the defense has\nonly been able to prepare since the charges were filed; and (2)\nthat the defense has not had sufficient time since the\nindictment to prepare for trial. Neither contention is\nsupported by the facts.\nA.\nIn the Sixteen Months Between Public Disclosure\nof the Diversion and Indictment of the Defendant,\nthe Defense Had Unprecedented Notice and Discovery\nof the Facts at Issue\nThe defendant argues that a six-month adjournment of\nthe trial is required, in part, because the Independent Counsel\nhad the advantage of a fifteen-month investigation prior to\nindictment while North has only been able to prepare since the\ncharges were filed. See Def. Mem. at 1 n.1, 5, 9 n.9. First\nof all, it would be an extraordinary departure from the norms\nof discovery in criminal cases to enact a rule that the time\nbetween indictment and trial must match or approach the length\nof the Government's investigation. That absurd proposition\nfails to recognize that criminal investigations are often much\nbroader in scope, as to possible violations of law and as to\ndefendants, than the charges ultimately brought. Such was\nclearly the case here where the Independent Counsel, pursuant\nto the broad mandate of the Court of Appeals, conducted a wide-\n-3-\nranging investigation of individuals other than North and\ncharges other than those in the indictment. 2/\nMoreover, in this case, North and his counsel have\nhad an unusual opportunity to prepare for possible charges\nthroughout the period of the Independent Counsel's\ninvestigation. From the day the Attorney General announced the\ndiversion of funds from the sale of United States Government\narms to Iran on November 25, 1986, to the date of the\nindictment on March 16, 1988, the defendant enjoyed a unique\nwealth of discovery about the matters at issue in the sixteen\ncounts on which he was indicted ultimately.\nCounsel for North were retained almost immediately\nafter his dismissal from the NSC staff and have had access to\ntheir client and to NSC documents apparently removed from\nNorth's office. 3/ From early on, the defendant had the\nbenefit of extensive public investigations concerning the\n2/ As North is aware, the Independent Counsel obtained guilty\npleas from three other individuals (Robert C. McFarlane, Carl\nR. Channell and Richard R. Miller) and indictments against four\nothers (Poindexter, Secord, Hakim and Joseph F. Fernandez).\nThere were subjects, of course, against whom charges have not\nbeen brought, and the grand jury's life was extended recently\nby six months to continue its work.\n3/ On December 2, 1986, Brendan V. Sullivan, Jr., Esq.,\nacting on behalf of the defendant, returned to a representative\nof the NSC various NSC documents totalling 168 pages that are\ncentral to the charges in this case. See Exhibit A. In\naddition, the Government has reason to believe through witness\ninterviews that the defendant North, as a regular routine, took\ndetailed notes relating to his activities in spiral reporter's\nnotebooks that are in the possession of the defense. Those\nnotebooks, which have-been unavailable to the Government, are\nundoubtedly a rich source of information concerning this case.\n-4-\nactivities at the heart of this case. The Senate Select\nCommittee on Intelligence issued a 65-page report on January\n29, 1987. The President's Special Review Board, also known as\nthe Tower Commission, issued a report totalling more than 250\npages on February 26, 1987. Most strikingly, defense counsel\nhad access to the Iran-Contra congressional hearings. Defense\ncounsel were able to scrutinize the testimony of dozens of\npublic witnesses, many of whom are on the Government's witness\nlist, and thousands of accompanying exhibits. By November\n1987, Congress had made public a 690-page congressional report\nand the testimony and exhibits ultimately collected in eleven\nvolumes of published hearings had long been in the public\ndomain. Subsequently, but still before the indictment, the\ndefendant was able to review the publicly-released twenty-seven\nvolumes of congressional depositions, two volumes of source\ndocuments, and detailed chronology. 4/\nThere can be little doubt that as these vast\nmaterials became available, North and his lawyers thoroughly\ndigested them. Through them, North has been able to take\nadvantage of the work product of the staffs of the\ncongressional committees and the Tower Commission. Surely, in\nadvance of his six full days of congressional testimony, the\ndefendant North was prepared extensively concerning the facts\n4/ Many of these materials have been unavailable to the\nGovernment due to this Office's procedures to avoid exposure to\nthe immunized testimony of the defendant.\n-5-\nof this case by experienced and able counsel. Even after his\ntestimony was completed, North and his counsel apparently met\nregularly to prepare for a possible indictment. (A friend of\nthe defendant's, Andy Messing, was quoted in The New York Times\non August 21, 1987, fully seven months prior to indictment, to\nthe effect that North routinely worked at Marine Headquarters\nfrom 6 a.m. until noon and then spent the afternoon meeting\nwith his lawyers preparing his defense against a possible\nindictment. See Exhibit B.)\nIn short, in the sixteen months between public\ndisclosure and indictment, defense counsel enjoyed not only the\nconsiderable resources of their client, his knowledge, and his\ndocuments and notebooks, but also the results of repeated\npublic inquiry and lengthy reports about the events at issue.\nThe notion that North and his counsel came to the March 24\narraignment ignorant of what this case is about is simply\npreposterous.\nB.\nIn the Six Months Between Indictment and Trial,\nthe Defendant Will Have Had Ample Opportunity\nto Prepare for Trial\nThe defendant's major complaint is that he has too\nmany documents to read between now and the scheduled trial\ndate. It is the defendant, however, who has adamantly refused\nto narrow his discovery requests. Having demanded that the\nfloodgates be opened and that he receive torrents of irrelevant\n5/ The defendant acknowledges that in advance of his testimony\nhe was afforded the opportunity to review a six-foot high stack\nof documents. See Def. Mem. at 12 n.10.\n-6-\nmaterial requiring cursory review at best, the defendant cannot\nnow be heard to complain that he is drowning. 6/\nIn the first instance, the defendant grossly\nexaggerates the number of pages of documents in his possession.\nThe Government's records indicate that he has received\napproximately 650,000 pages rather than the one million-page\nfigure he repeatedly invokes; over half of those documents were\nin North's possession before the end of May. According to the\nGovernment's records, between March 29 and May 2, North\nreceived approximately 270,000 pages; between May 3 and May 28,\nhe received an additional 80,000 pages; by June 21 he had\nreceived an additional 11,000 pages; and by July 1 he had\nreceived 290,000 more pages. I/\n6/ The defendant's assertion that the Government concedes that\nall of the materials produced are relevant is dead wrong. From\nthe beginning, the Government has identified 50,000 \"core\"\ndocuments as most likely to contain relevant material. They\nwere among the first produced. The Government has repeatedly\ninsisted that many of the documents collected during its\nlengthy wide-ranging investigation are not relevant to the\ncharges against North. For example, despite his complaints of\ninundation, North continues to demand a review of an additional\n600,000 CIA documents that after review by the Independent\nCounsel, were not found to be relevant.\nI/ North carps about the Government's production of discovery\nmaterials. The fact is that the Government's compliance with\nthe Court's tight production schedules has been Herculean. The\ninevitable minor snags have been and will continue to be\ncorrected. All the complaining in the world cannot belie the\nfact that more than two months before trial North had in his\npossession a Government witness list, the Government's case in\nchief documents, the Government's \"core\" documents, cooperation\nagreements, immunity orders, and the charges to which\ncooperating witnesses pleaded guilty, the Israeli historical\nand financial chronologies, the Swiss bank records and reams of\nother documents, fully inventoried.\n-7-\nDespite his suggestion that he must indiscriminately\nreview each and every document down to the last deposit slip on\na tangential bank account, the defendant has the wherewithal to\nreview the documents in his possession quickly and\nintelligently. At a remarkably early date, the defendant was\nprovided a list of Government witnesses and copies of all\ndocuments the Government will seek to introduce in its case in\nchief. Very early, he was given the Swiss bank records, as\nwell as inventories of virtually all other source documents in\nthe Independent Counsel's control. In addition, as explained\nabove, publicly available materials highlight the documents\nthat the congressional committees and the Tower Commission felt\nwere of particular importance. These materials provide a\nroadmap to the documents and should enable defense counsel,\nassisted by their client, to navigate their way through them in\na timely fashion.\nThe defendant also maintains that there are too many\ntapes for him to review before September 20. In the first\ninstance, only sixteen tapes are included in the Government's\ncase in chief. In addition, the defendant fails to point out\nthat of the ninety tapes delivered to the defense SCIF, more\nthan fifty are of meetings in which North participated and for\nmany of which he had transcripts before he left office; sixteen\nWhile North constantly complains about the resources of the\nIndependent Counsel, he offers no explanation for why a firm of\nthe size and experience of Williams & Connolly cannot provide\nthe necessary support to get this case to trial. The asserted\nlimitation to five attorneys is self-imposed.\n-8-\nare copies of tapes found in North's office; several contain\nonly brief conversations: and defense counsel have been\nprovided with transcripts of almost all of the tapes.\nAccordingly, there is no reason that counsel, guided by North,\ncannot focus quickly on those portions of the tapes that are\nrelevant. As the defendant North well knows, the vast majority\nof the tape-recorded meetings dwelt on matters such as the\nstrategic relationship between the United States and Iran and\nlogistical details that are not in dispute.\nThe defendant next claims that he needs more time to\ninterview \"hundreds\" of witnesses, including witnesses located\nin \"10-20\" foreign countries. See Def. Mem. at 15-16. In view\nof the fact that the defendant has had a list of Government\nwitnesses since April 22, and that almost two years have passed\nsince the public disclosure of many of the key matters that\nform the basis of the charges, this is a curious admission\nindeed. In any criminal case, the defendant and counsel must\nset priorities. In this case, if North and his lawyers choose\nto inflexibly limit their number, and to spend their time\nreading irrelevant documents and papering this Court and the\nCourt of Appeals with motions to reconsider, interlocutory\nappeals, and mandamus petitions rather than interviewing\nwitnesses, they must live with those decisions rather than\nupset a reasonable trial schedule. 9/\n9/ Similarly, if the defendant genuinely believes he needs to\nconduct foreign depositions and serve letters rogatory and\n(continued\n)\n-9-\nC.\nThere Is No Need For a Protracted Schedule To Permit\nThe Resolution of Pretrial Motions\nThe defendant North claims that his remaining\npretrial legal motions are so \"extensive and complex,\" Def.\nMem. at 10, that they necessitate more than a three and a half-\nmonth briefing schedule. This claim is a good example of the\ndefendant's resort to hyperbole; it should be rejected.\nIn his motion for a continuance, the defendant North\n\"give[s] the Court a preview,\" Def. Mem. at 10, of some of the\nmotions that he intends to make before trial. Rather than\nsuggesting the appropriateness of delay, this \"preview\"\nhighlights the fact that the continuance motion is offered, not\nin the interests of securing a just trial, but simply as a\nstalling tactic. The motions previewed are based on the face\nof the indictment, and the defendant has already had over four\nmonths to prepare them. Instead of being complex, they are\ngenerally insubstantial or based on positions contrary to well-\nsettled law.\nThe defendant North begins his argument for an\nextended briefing schedule with a reference to what he\napparently believes is his most compelling pretrial motion:\n\"that certain counts must be dismissed because the Boland\n9/ (...continued)\ntrial subpoenas duces tecum, see Def. Mem. at 15-16, one can\nonly wonder why he has waited until four months after\nindictment to pursue that intention. This failure is\nparticularly mystifying in light of the information available\nto North prior to indictment as described above.\n-10-\nAmendment does not apply to the NSC and/or represents an\nimpermissible intrusion by Congress into the President's\ncontrol over foreign policy.\" Def. Mem. at 10. He adds, \"This\nis a major constitutional issue that has been hotly debated for\nyears.\" Id. at 10. The controversy as to the applicability\nand validity of the Boland Amendment has long been the subject\nof discussions among members of Congress, officers of the\nAdministration, and the press. It cannot be that it was not\ncarefully explored before North gave his testimony. Further,\nthe indictment does not charge that the defendant North\nviolated the Boland Amendment. Rather, the indictment charges\nthat, irrespective of the applicability of the Boland\nAmendment, the defendant North and others defrauded the United\nStates, \"by deceitfully and without authorization organizing,\ndirecting and concealing a program to continue the funding of\nand logistical and other support for military and paramilitary\noperations in Nicaragua by the Contras.\" Count One, paragraph\n13 (a) (1). Thus, even if it were correct that the Boland\nAmendment did not apply to the NSC or that it was an\nimpermissible intrusion by Congress into foreign policy, this\nwould not warrant dismissal of the count.\nThe defendant North also forecasts that he will argue\nthat Count One improperly charges multiple conspiracies, that\ncertain counts are impermissibly vague, that certain counts are\nduplicitous, that he is entitled to a bill of particulars, that\nhe lacked fair notice that his acts were criminal, that 18\n-11-\njustice. Count Twenty-Two relates to the personal conversion\nof particular traveler's checks received for other specified\npurposes, and Count Twenty-Three relates to allegations of tax\nfraud.\nWell before the indictment, North was in a position\nto familiarize himself with the substance of these charges.\nIndeed, the Tower Commission Report emphasizes the three 1985\nletters to Congress that are the subject of Counts Four through\nSeven (Tower Report, C-6), and the 1986 statements to Congress\nthat are the subject of Count Nine (id., C-10) ; it similarly\nstresses the possibility of obstruction by the NSC staff in\nNovember 1986 (id., D-1). The congressional hearings, of\ncourse, focused as well on these subjects (see Robert McFarlane\ntestimony, 5/11-5/14/87) The hearings also dealt at length\nwith the subject of the defendant's participation in the\nshredding and alteration of documents (see Fawn Hall testimony,\n6/9/87) ; the defendant's receipt of a gratuity (see Glenn\nRobinette testimony, 6/23/87) ; and the defendant's receipt and\nuse of traveler's checks (see Adolfo Calero testimony, 5/20/87;\nRobert Owen testimony, 5/19/87) In addition, two of the\ndefendant's co-conspirators on the tax fraud count (Channell\nand Miller) pleaded guilty to similar charges in open court\nmore than one year ago -- on April 30 and May 6, 1987. Thus,\nthe defendant North, unlike the typical criminal defendant who\nmay not even know prior to indictment that he is under\ninvestigation let alone what the possible charges are, has\n-13-\nU.S.C. § 1001 was not intended to apply to the false statements\nthat are charged, that the Independent Counsel failed to follow\nDepartment of Justice guidelines, and \"that a series of legal\nconclusions and other improper material must be stricken from\nthe indictment.\" Def. Mem. at 11. None of these issues is\nnovel or either legally or factually complex. All are garden\nvariety defense motions; a three-week briefing schedule will\nmore than adequately accommodate the interests of justice and\nthe need for fair treatment of the issues.\nD.\nThe Falsification, Obstruction, Enrichment, and Tax\nFraud Counts Should Be Tried on September 20\nThe defendant's argument that a six-month adjournment\nis necessary is particularly hollow when considered with\nrespect to the charges relating to false statements and\nobstruction (Counts Four through Seven, Nine, Thirteen through\nSixteen, and Twenty-One), personal enrichment (Counts Twenty\nand Twenty-Two), and tax fraud (Count Twenty-Three).\nFar from involving novel legal theories, these counts\ninvolve routine criminal allegations. Counts Four through\nSeven cite specific written statements in three letters in\nSeptember and October 1985. Count Nine involves specific oral\nstatements in August 1986. Counts Thirteen through Sixteen\nsimilarly involve a series of discrete acts in November 1986 to\nobstruct investigations, including lying, shredding documents,\nand preparing false and misleading documents. Counts Twenty\nand Twenty-One involve- the receipt of a gratuity (a security\nsystem worth more than $13,000) and a related obstruction of\n-12-\nobtained a detailed preview of the Government's case and the\ntestimony of its witnesses.\nBecause of the relative simplicity of the charges and\nthe defendant's advance access to much of the proof, North\ncertainly should be able to focus his review of discovery\nmaterials in order to prepare for a trial on these counts. For\nexample, the scope of relevant proof on the false statement\ncounts will be circumscribed. See United States V. Krogh, 366\nF. Supp. 1255, 1256-1257 (D.D.C. 1973) (Gesell, J.) ( (\"\ninstructions given the defendant in the guise of national\nsecurity can [not] make an otherwise false statement given under\noath without compulsion legal. Motive is simply not an\nissue. \")\nAs the Court indicated in its July 8 Order, the\nadditional discovery sought by the defendant does not relate to\nhis defense to counts other than Counts One through Three.\nTherefore, as the Court determined on the basis of the\ndefendant's ex parte proffer, \"at a minimum, substantive\ncharges of cover-up, falsification and North's alleged receipt\nof personal benefit derived from his conduct as a government\nemployee can proceed to trial\" on September 20. Order at 7-8.\nFinally, it will not take long to dispense with the\npretrial motions that the defendant intends to file with\nrespect to these counts. of the specific motions raised by the\ndefense, Def. Mem. at 10-11, only two relate specifically to\nthese charges. Defense counsel apparently rely on an Assistant\n-14-\nAttorney General's comment about Count Twenty-Three as a basis\nfor dismissal and also suggest that they will challenge the\napplicability of 18 U.S.C. § 1001, which is the subject of\nCounts Five through Seven and Fifteen. Both motions raise\nuncomplicated legal issues that can be addressed with dispatch.\nE.\nCounts One Through Three Will Be Ready For Trial On\nSeptember 20 If The Court Modifies Its July 8 Order\nOn July 8, the Court, on the basis of the defendant's\nex parte representations as to materiality, ordered additional\ndiscovery and suggested that developments with respect to that\ndiscovery could affect the timing of a trial on Counts One\nthrough Three. While it is now clear that the intelligence\ncommunity will not be able to comply with the Court's present\nschedule, the Independent Counsel submits that a modification\nof the Court's Order, which would narrow the scope of document\nproduction while protecting the legitimate needs of North,\nwould permit a trial of Counts One through Three on September\n20.\nAs an initial matter, in the absence of additional\ndiscovery, North and his counsel are well situated to prepare\nfor a speedy trial of Counts One through Three, which charge a\nconspiracy to defraud the United States, theft of government\nproperty, and wire fraud. The central elements of these counts\nare North's diversion of government property, his illegal\nconduct in support of military and paramilitary activities in\nNicaragua, and his use- of a network of foreign bank accounts\nand corporations to accomplish and conceal these ends. These\n-15-\nelements will have been the subject of intense public scrutiny\nfor almost two years when the trial starts on September 20.\nIndeed, since the Independent Counsel's appointment on December\n19, 1986, North and his attorneys have known that his\nactivities regarding the diversion and assistance to the\nContras were principal areas of the Independent Counsel's\njurisdiction and investigation. Furthermore, the indictment\nsets forth in unusual detail the basis for the first three\ncharges. Fully thirty-eight pages, including thirty-seven\nparagraphs relating to means, and seventy overt acts, are\ndetailed as part of the Count One conspiracy. Many of these\nparagraphs are realleged as part of Counts Two and Three.\nRarely has an indictment set forth the charges at issue with\ngreater specificity.\nThe primary obstacle to a September 20 trial with\nrespect to Counts One through Three is a problem created\nlargely by the defendant's unwillingness to share with the\nGovernment his proffer as to the materiality of the additional\ndiscovery he has sought. North has requested, and the Court\nhas ordered, the Government to produce by August 1, thousands\nof pages of classified documents among which the defendant\napparently hopes to find one or more which are material to the\npreparation of the defendant's defense on Counts One through\nThree. The Court ordered the additional discovery after\nhearing the defendant's ex parte presentation on July 6, 1988.\nThe defendant apparently reargued his motion for extremely\n-16-\nbroad discovery during the ex parte meeting with the Court\nwhich had been planned primarily as a meeting to consider CIPA\nproblems of redaction and to narrow the defendant's sweeping\ndiscovery request. Consequently, the Court has been left with\nthe unchallenged assertions of a defendant as to his need for\ndiscovery without his demonstrating the materiality of an\nenormous and time-consuming burden upon the government\nagencies.\nAs the Independent Counsel advised the Court by\nletter dated July 20, 1988, and as explained in the Letter of\nRussell J. Bruemmer, Esq., which is attached as Exhibit C, the\nIndependent Counsel has been informed by William H. Webster,\nthe Director of Central Intelligence, and others that the\nintelligence community cannot produce the documents called for\nby the Court's Order in their entirety in accordance with the\nmandated schedule. Although the Independent Counsel is\nprepared to proceed as expeditiously as possible to secure this\nadditional classified material, it is apparent that the\nintelligence community finds that it will be unable to meet the\nCourt's deadline. Without a more specific statement about the\nneed for the documents or the particular documents desired, the\nIndependent Counsel is unable to address the intelligence\ncommunity's general statement that it is unable to comply.\nThe September 20 trial date can be preserved as to\nthe entire indictment if the Court were to adopt an\nalternative, but less time-consuming, means of protecting the\n-17-\ndefendant North's interest in securing evidence relevant to his\ndefense. The Court found in its Order of July 8, 1988 that the\ndiscovery information sought by the defense \"may serve to\ncorroborate testimony of defense witnesses, including North\nhimself, if he takes the stand. They may also support defense\nchallenges to the credibility of certain known prosecution\nwitnesses\n\"\nOrder at 5 (emphasis added) The\nGovernment would be in a position to assist the Court in\nassessing the defendant's request if the defense were required\nto make a showing of (1) what information North expects to find\nin the additional discovery, and (2) how that information might\nbe relevant to his defense.\nFor example, the Independent\nCounsel is prepared to make a showing now that the various\ncovert actions identified in the defendant's request furnish no\nprecedent for the proposition that a government official can\ndeceptively generate and retain control over profits obtained\nin the course of a covert action. These other covert actions\ntherefore seem irrelevant to the charges in Counts One through\nThree. 10/\nEven if some of the information requested were truly\nrelevant, various procedures are available to provide it to the\ndefendant far more expeditiously than by those currently\nrequired by the Court's Order. The information sought by the\ndefense would be unnecessary if the Government were to\n10/ For instance, those best informed are not aware of any\nanalogue for the diversion charge in the indictment.\n-18-\nstipulate to the facts that the defense believes to be\ncontained in the discovery material, so as to obviate the\ndefendant's need to establish those particular facts. For\nexample, the extent of the surveillance of various activities\ncan be dealt with by stipulation. Alternatively, it is\npossible that the Government could sever or narrow counts of\nthe indictment. These are options within the contemplation of\nCIPA, e.g., Sections 6 (c) & (e), in cases where the defense\nseeks to make use of relevant classified information at trial.\nSee e.g., United States V. Smith, 780 F.2d 1102, 1103 (4th Cir.\n1985) See also United States V. Edwards, 631 F.2d 1049, 1051\n(2d Cir. 1980) (it is proper to exclude evidence offered by the\ndefendant to establish facts that are conceded by the\nGovernment). Moreover, CIPA contemplates that, as the\nproponent of classified information which it seeks to offer\ninto evidence, the defense would ordinarily have to establish\nthe relevance of that information prior to trial. See, e.g.,\nUnited States V. Zettl, 835 F.2d 1059 (4th Cir. 1987) ; United\nStates V. Collins, 720 F.2d 1195, 1200 (11th Cir. 1983) ; United\nStates V. Wilson, 586 F. Supp. 1011 (S.D.N.Y. 1983) ; cf.\nUnited States V. Pugliese, 712 F.2d 1574, 1580 (2d Cir. 1983)\n(\"Unless the basis for proposed admission [of evidence] is\nobvious, it is the burden of counsel who seeks admission to\nalert the court to the legal basis for his proffer\") ; Post V.\nUnited States, 407 F.2d 319 (D.C. Cir. 1968), cert. denied, 393\nU.S. 1092 (1969)\n-19-\nThe most extensive view of a defendant's right to\nwithhold disclosure of his position does not entitle him to\nwithhold proof of materiality as to documents sought by\ndiscovery. See Brooks V. Tennessee, 406 U.S. 605 (1972). No\ncase has held that any litigant can force his adversary to\nengage in costly and wasteful discovery without some showing\nthat the discovery has an objective which is material. We\nsuggest that, rather than protracting the discovery process in\na manner that may ultimately prove unnecessary, the defendant,\nas a basis for discovery (not only as a basis for CIPA\nadmissibility determinations), be required now to make known to\nthe Government its particularized offers of proof and that the\nGovernment have the opportunity now to accommodate the\ndefendant's legitimate interests either by entering into\nstipulations or by moving to sever or narrow counts of the\nindictment. 11/\nIn addition, if the Court's Order of July 8 were\nmodified to permit sequential delivery of certain materials,\nthe Independent Counsel could obtain and deliver a substantial\n11/ For example, it is entirely unclear to the Government, in\nthe absence of access to the ex parte proffer, why Counts Two\nand Three, relating solely to the diversion, might not end up\nbeing treated differently than Count One, which is broader in\nscope. It is also likely that even if the conspiracy to\naccomplish the objects set forth in paragraphs 13 (a) (1), (2), or\n(3) of Count One of the indictment were held hostage to the\ndiscovery ordered by the Court on July 8, the conspiracy to\nviolate the substantive statutes relating to obstruction and\nfalse statements alleged in paragraph 13 (b) of Count One could\ngo forward.\n-20-\nportion of the documents by August 20, one month prior to\ntrial. Producing materials in this fashion would be highly\nefficient, for it could require the defendant North to offer\nwhatever explanation he may have for the relevance of these\ndocuments before the Government was forced to complete the\nprocess of classified document production. Sequential\nproduction would also permit the Court to \"examine[] a\nrepresentative sample of such documents\n\"\nUnited States\nV. Felt, 491 F. Supp. 179, 186 (D.D.C. 1979).\nAccordingly, an appropriate modification of the\nCourt's Order of July 8 would permit Counts One through Three\nto proceed to trial on September 20.\nII. External Political Events Should Not Govern the Schedule\nof a Criminal Case\nThe defendant North argues that conducting his trial\n\"at the height of the Presidential election\" will deny him his\n\"right to a fair and impartial trial.\" Def. Mem. at 18-19.\nSpecifically, he argues that \"[t]he impact of media attention\non the trial\" will have some unspecified, but presumably\nprejudicial, impact on the jury, id. at 19, that can only be\navoided by delaying the trial until after the elections. This\nargument should be rejected.\nThe Court addressed the defendant's concern about\npublicity when it denied his motion for a change of venue. The\nCourt's observations at that time are equally applicable in\nthis context. To begin with, as the Court then observed, any\n-21-\nclaim that a continuance is needed to avoid the risk of\nprejudicial publicity should await the selection of a jury:\nThus, the only remaining issue is continuance on\nthe theory that continuance will minimize exposure to\npublicity, publicity which itself may not have had\nanywhere near the impact suggested by the defense.\nThis question of continuance must await jury\nselection during which prospective jurors exposed to\npublicity can be fully examined and the issue fully\nexplored to determine whether or not it has created\nbias in any form.\nExperience here again in this city with high\nprofile cases engendering publicity such as\nWatergate, the prosecution of officials of the\ncurrent administration and in other situations\nstrongly suggest that a completely impartial jury can\nbe seated.\nIf this case is viewed as a political scandal,\nas one of defense counsel suggested, such scandals\nhave been everyday fare in this city for scores of\nyears. And while some of the public becomes\nthoroughly engrossed in such a story many do not.\nThey have other more pressing immediate concerns.\nRent, jobs, and a myriad of other things. Any\nfurther consideration of publicity must await the\njury's selection.\nTr. of 6/8/88 at 72. There is every reason to believe that the\nparties at trial will be able to select a fair and impartial\njury, and that the jury will be able to follow the trial\ncourt's instruction not to read, watch, or listen to news\naccounts of this trial until it is over.\nIt is well-settled that a defendant can be afforded a\nfair trial notwithstanding the publicity surrounding his trial.\nThe courts have repeatedly acknowledged that sensational\npublicity, often of a hostile nature, is certain to develop\naround criminal investigations and proceedings affecting\nprominent or notorious persons. United States V. Myers, 510 F.\n-22-\nSupp. 323, 326 (E.D.N.Y. 1980). See also United States V.\nNunan, 236 F.2d 576, 593 (2d Cir. 1956), cert. denied, 353 U.S.\n912 (1957) ; Silverthorne V. United States, 400 F.2d 627, 631\n(9th Cir. 1968), cert. denied, 400 U.S. 1022 (1971). There are\nlegions of highly-publicized cases, in addition to those cited\nabove, in which fair trials were conducted. 12/\nAs this Court has noted, \"trial judges in this\njurisdiction have had extended experience with highly\npublicized cases,\" Tr. of 6/8/88 at 68, and the Court's\nexperience will enable it to take steps \"to minimize the\neffects of publicity.\" Id. at 69. To ensure fair trials in\nthe Watergate cases, this Court and others in this District\n12/ See, e.q., Hoffa V. United States, 385 U.S. 293 (1966) ;\nBuchalter V. New York, 319 U.S. 427 (1943) (Murder, Inc.\nLouis \"Lepke\" Buchalter) ; United States V. Ferguson, 758 F.2d\n843 (2d Cir. 1985), cert. denied, 474 U.S. 84 (1986) (trial of\nradicals involved in \"Brinks\" robbery) ; United States V.\nBlanton, 719 F.2d 815 (6th Cir. 1983) cert. denied, 465 U.S.\n1099 (1984) (Governor of Tennessee) ; United States V.\nMacDonald, 688 F.2d 224 (4th Cir. 1982), cert. denied, 459 U.S.\n1103 (1983) (highly publicized murder of wife and children) ;\nUnited States V. Barnes, 604 F.2d 121 (2d Cir. 1979), cert.\ndenied, 446 U.S. 907 (1980), (highly-publicized narcotics\ncase) ; United States V. Haldeman, 559 F.2d 31 (D.C. Cir. 1976),\ncert. denied sub nom, Ehrlichman V. United States, 431 U.S. 933\n(1977) (Watergate prosecution) ; United States V. Ehrlichman,\n546 F.2d 910 (D.C. Cir. 1976), cert. denied, 429 U.S. 1120\n(1977) (\"plumbers\" break-in case) ; United States V. Liddy, 509\nF.2d 428 (D.C. Cir. 1974) cert. denied, 420 US. 911 (1975)\n(Watergate burglary) ; Calley V. Callaway, 519 F.2d 184 (5th\nCir. 1975), cert. denied, 425 U.S. 911 (1976) (My Lai\nmassacre) ; United States V. Bufalino, 285 F.2d 408 (2d Cir.\n1960) (\"Appalachin\" meeting case) ; United States V. Costello,\n255 F.2d 876 (2d cir.), cert. denied, 357 US. 937 (1958) ;\nCapone V. United States, 56 F.2d 927 (7th cir.), cert. denied,\n286 U.S. 553 (1932) ; People V. Luciano, 277 N.Y. 348, cert.\ndenied, 305 U.S. 620 (1938) ; People V. Manson, 61 Cal. App. 3d\n102 (1976), cert. denied, 430 U.S. 986 (1977).\n-23-\nadopted such measures as instructing members of the venire not\nto read about or discuss the case; engaging in extensive voir\ndire; and enjoining the \"'staff of the Watergate Special\nProsecutor, defendants, their attorneys and witnesses from\nmaking extrajudicial statements concerning any aspects of [the]\ncase that are likely to interfere with the rights of the\naccused or the public to a fair trial by an impartial jury. \"\nUnited States V. Haldeman, 559 F.2d 31, 63 n.39 (D.C. Cir.\n1976) (quoting the Haldeman Court's order), cert. denied sub\nnom, Ehrlichman V. United States, 431 U.S. 933 (1977). 13/\nThere is every reason to believe that, by appropriately\ninstructing the jury, this Court will be able to avoid any\nprejudice that might be caused by the media attention paid to\nthis trial.\nThe defendant's argument is based entirely on\nspeculation. It is beyond question that this case will be the\nsubject of media attention, no matter when it commences, \"at\nleast until the activities of the primary participants ha(ve]\nbeen fully explored at a public trial.' United States V.\nHaldeman, 559 F.2d at 64, n.42. As the Court previously noted,\n\"much of [the publicity] has been favorable to the defendants\nwho were supported by influential leaders of this country.\"\nTr. of 6/8/88 at 69. There is no reason to expect that the\nfavorable publicity will abate during trial. There is also no\n13/ The Independent Counsel has no objection to the immediate\nentry of a similar order in this case.\n-24-\nreason to expect substantially more media attention before the\nelection than afterwards. Certainly, the examples cited by the\ndefendant in his motion do not support the radical measure of a\nsix-month adjournment. To grant the defendant's motion on\nthese grounds \"would require a flight of speculation\ninappropriate for any court to take.\" United States V.\nMitchell, 397 F.Supp 166, 180 (D.D.C. 1974), aff'd United\nStates V. Haldeman, 559 F.2d 31 (D.C. Cir. 1976), cert. denied,\n431 U.S. 933 (1977)\nFinally, to the extent that North's trial may become\na political issue in the upcoming elections, North bears at\nleast a substantial measure of responsibility, and therefore\nhas little credibility in complaining. Throughout the pretrial\nproceedings, North has made many speeches and statements, often\nat political events, in which he has claimed that the charges\nshould be evaluated in a political context. Attached as\nExhibit D is a collection of a representative sample of press\nclippings for which North is responsible. 14/ For example, on\nthe day of his indictment, North called a press conference to\ndeclare:\n\"Unfortunately, I have now been caught in a\nbitter dispute between the Congress and the\nPresident over the control of foreign\npolicy, the power of the President to deter\ncommunism in Central America and the\nPresident's duty to protect our citizens\nagainst terrorist acts abroad. It is a\n14/ The clippings have been redacted in some cases to avoid\nexposing members of the Office of Independent Counsel to\nreferences to the defendant's immunized testimony.\n-25-\nshame that the new battleground for such a\nfight will be a courtroom.\"\nNorth's public comments will apparently continue\nalong these lines despite the fact that jury notices have been\nissued. As this Court stated, trial courts generally should\nnot \"allow the press to control the course of criminal\nproceedings.\" Tr. of 6/8/88 at 69. This trial in particular\nshould not be held hostage to a media which the defendant\nhimself has strenuously sought to inflame. To give in to the\ndefendant's demands on this ground would place the court's\nimprimatur on North's transparent attempt to transform this\ntrial from a criminal into a political one.\nThis case should go to trial when it is ready to go\nto trial without regard to speculation about the impact of a\npresidential campaign. The Government is confident that\nbeginning on September 20 the Court will be able to select a\nfair and impartial jury that will give North his day in court\non the basis solely of the evidence they hear. 15/\n15/ The defendant's request for an adjournment to accommodate\nthe vacation plans of defense counsel merits little attention.\nThe Speedy Trial Act permits no exclusion for such purposes.\nThe interests of justice and the public need for a prompt\nresolution of these charges dictate that this case go to trial\nwithout regard to the inevitable personal sacrifices of\ncounsel, the Court, and witnesses for both sides.\n-26-\nCONCLUSION\nAccordingly, the defendant's motion for a continuance\nshould be denied.\nRespectfully submitted,\nLAWRENCE E. WALSH.\nIndependent Counsel\nDavid M. Zornow\nBruce A. Green\nClifford M. Sloan\nAssociate Counsel\nOffice of Independent Counsel\n555 Thirteenth Street, N.W.\nSuite 701 West\nWashington, D.C. 20004\n(202) 383-8940\nDated: July 25, 1988\n-27-\nA\nn\nCrim. No. 88-0080 - 02 - GAG\nExhibit A\nLAW OFFICES\nWILLIAMS & CONNOLLY\nHILL BUILDING\nEDWARD BENNETT WILLIAMS\nLEWIS M. FERGUSON II\n839 SEVENTEENTH STREET. N W\nCAROLYN R WILLIAMS\n: ANNE J SHITH\nPAUL R CONNOLLY (1922-1978)\nROBERT B BARNETT\n= LANE MEARO.II\nVICTORIA L. RAOD\nROBERT A SCHULMAN\nCAVID C. KENDALL\nWASHINGTON, D.C. 20006\nSTEVEN R KUNEY\nCHERRY JOY BEYSSELANCE\nVINCERT J FULLER\nJOHN J. BUCKLEY. JR\nGERSON A ZWEIFACH\nBETH J CHANDLER\nRAYMOND W BERGAN\nTERRENCE O'DONNELL\n-\nSARAM M DUGGIN\nGEORGE ELLARD\nSTUART C SEIGEL\nDOUGLAS R MARVIN\nROBERT $ LITT\nCANIEL F KATZ\nJEREMIAH C COLLINS\nJOHN x VILLA\nAREA CODE 202\nPAUL MOGIN\nEFFERSON M GRAY\nROBERT L WEINBERG\nBARRY s SIMON\n331-5000\nCANIELA WINKLER\nEANNE M ROWZEE\nDAVID POVICH\nKEVIN T BAINE\nJEFFREY B KINOLER\nMANLEY W ROBERTS\nSTEVEN M UMIN\nSTEPHEN L. URBANCZYK\nNANCY F PREISS\nELENI M CONSTANTINE\nJOHN W VARDAMAN JR\nPHILIP J. WARD\nSTUART L. GASNER\nEVEN ERIK HOLMES\nPAUL MARTIN WOLFF\nELLEN SEGAL MUVELLE\nRICHARD 5 HOFFMAN\nNICOLE K. SELIGMAN\n, ALAN GALBRAITH\nFREDERICK WHITTEN PETERS\nSTEVEN A STEINBACH\nPOBERT W HAMILTON\nCHARLES M WILSON\nPETER J. KAHN\nD MICHELE ELLISON\nVILLIAM . MURRAY JA\nJOHN G KESTER\nJUDITH A MILLER\nJEFFERY R BERRY\nEVA M PETKO\nWILLIAM E. MCDANIELS\nLON S. BABBY\nSTEPHEN GLOVER\nCYNTHIA C HOGAN\nBRENDAN V SULLIVAN JR\nSCOTT BLAKE HARRIS\nMARY G. CLARK\nMARK J. HULKOWER\nAUBREY M DANIEL.III\nMICHAEL S. SUNDERMEYER\nLYNN A. STOUT\nMATTHEW o LERNER\nRICHARD M COOPER\nJAMES T FULLER. III\nMARK 5 LEVINSTEIN\nSTEPHEN o RABER\nROBERT P WATKINS\nDAVID D. AUFHAUSER\nJEFFERY D UBERSAX\nJERRY L SHULMAN\nBRUCE R. GENDERSON\nLAWRENCE LUCCHINO\nDecember 2, 1986\nCOUNSEL\nLYMAN G. FRIEDMAN\nDONALD E. SCHWARTZ\nMEMBER PA BAR ONLY\nBY HAND\nMEMBER MD BAR ONLY\nMEMBER CA BAR ONLY\nCdr. Paul B. Thompson, USN\nGeneral Counsel\nNational Security Council\nThe White House\nWashington, D.C. 20506\nDear Commander Thompson:\nLtCol North is herewith delivering documents to NSC. In\norder to insure that the documents are preserved, the pages have\nbeen number-stamped 1 through 168, inclusive.\nAlso delivered are the WHCA Motorola PageBoy, the\nMotorola hand-held portable telephone, and the NSC Government\nTransportation Request (GTR D-7,363,999) issued. to LtCol North.\nWould you please arrange for the return of LtCol North's\npersonal property which is located in his office. He is\nparticularly interested in the prompt return of his Marine Corps\nuniform items, family photos and other personal effects.\nThank you.\nSincerely yours,\nBrendan V. Sullivan, Jr.\nAttorney for LtCol Oliver L. North\nBVS:lng\nCC: Ms. Brenda Reger\nSecurity Officer\nAKW002065\nB\nCrim. No. 88-0080 - 02 - GAG\nExhibit B\nBriefing\nNorth Keeps 'Busy'\nHow does Lieut. Col. Oliver L.\nNorth spend his time now that ne IS\nnot conducting covert activities for\nthe National Security Council or\nestily testifying Before Congres-\nsional committees?\n\"He's working very hard.\" said F.\nAndy Messing Jr., a close friend of\nAmerica's best-known marine.\nMr. Messing, who IS executive di-\nrector of the National Defense Coun-\nC11, a nonprofit research organization\nsays Colonel North works from 6 in\nthe morning until noon at the head-\nquarters of Marine Planning and\nOperations.\nIn the aiternoon he meets with his\nlawyers. They are preparing for his\ndefense against the possible criminal\nindictments being considered by a\nspecial prosecutor. Lawrence E.\nWalsh. in an investigation of the Iran-\ncontra affair. After about 8 at night,\nthe coione! IS at home with his wife\nand family.\n\"He's too busy even to take a vaca-\nnon.\" Mr. Messing said.\nMeanwniie, offers of free holidavs\nhave poured in from \"grateful Amer-\nicans.\" Mr. Messing related. \"One 01-\nfer included a private jet to pick him\nup.\" he said.\nAll such gifts have been refused. ac-\ncording to Mr. Messing. who added\nthat numerous movie and book offers\nhave aiso been deferred.\n\"Ollie has an incredible ability 10\nfocus.\" Mr. Messing continued. \"and\nright now he's focusing on that pit\nbuildog Walsh.\"\nC\nCrim. No. 88-0080 - 02 - GAG\nExhibit C\nCENTRAL INTELLIGENCE AGENCY\nWASHINGTON D.C. 20505\nGeneral Counsel\n25 July 1988\nThe Honorable Lawrence A. Walsh\nIndependent Counsel\nSuite 701 West\n555 13th Street, N.W.\nWashington, D.C. 20004\nDear Judge Walsh:\nAs you are aware, the CIA and the other intelligence\nagencies affected by Judge Gesell's Order of July 8, 1988, have\nassessed both the feasibility of producing the documents by\nAugust 1, and the sensitivity of the information contained in\nthose documents. This letter is a follow-up to your discussion\nwith Judge Webster last week.\nWith regard to the timing of production, the CIA has\nconcluded that the documents responsive to Items 1, 14, 17, and\n19 of Defendants' Supplemental Request have already been\nproduced to the Office of Independent Counsel. In general, we\npresently believe that the documents called for by Items 5, 6,\n16, 18, and 20, along with the extracts from the President's\nDaily Brief and the CAJIT summaries under the control of the\nCIA, can be produced within approximately four weeks. The\ndocuments called for by Items 2-4 and 7-13, however, are\nvoluminous and not centrally located. We believe it will\nrequire several months to gather and produce these latter\ndocuments. (Item 15 calls for documents that are unknown to\nany of the intelligence agency personnel with whom we have\nconsulted.)\nAs Judge Webster discussed with you last week, the heads of\nthe government's intelligence agencies have agreed that, in\naddition to the timing problems discussed above, the\nsensitivity of certain of the documents called for by the\nCourt's order will also affect their disclosure. The\nintelligence agencies have concluded that the details of the\nprograms described in Items 2, 3, 4, 8, and 9 cannot be\ndisclosed publicly, and that the very existence of United\nStates programs identified by Items 7, 10, 11, 12, 13, and 16\ncannot be publicly acknowledged by the United States Government\nwithout adversely impacting on national security. As to the\nfirst group of items, virtually none of the documents could be\nused at a public trial, although a general stipulation as to\nthe programs might be feasible. As to Items 7, 10, 11, 12, 13,\nand 16, it is unlikely that even a stipulation could be crafted\nthat would adequately protect the classified information in\nquestion.\nProduction of these documents to the defense may also cause\nproblems. A significant portion of the documents could\nprobably be produced for inspection by defendant North in his\nSCIF, although some can only be made available on an\n\"access-only\" basis. Moreover, some especially sensitive\ndocuments may require that they not be disclosed except to the\nCourt pursuant to Section 4 of CIPA.\nIf it would be helpful to Judge Gesell, representatives of\nthe intelligence agencies are prepared to provide the Court ex\nparte with a briefing addressing the sensitivity of the\nprograms covered by Judge Gesell's order, and to respond to any\nquestions that the Court may have concerning them.\nSincerely,\nRussell J Bruemmer\nCC: William J. Landers\nD\nCrim. No. 88-0080 02 GAG\nExhibit D\nSL: NSTATE DU: PHSHEN-WAS SR: HJ: 0457\nFM:\nFB:\nBY: AA0503:03/17. 24:43 CP: PHSHEN:03/17.11:31 FR: NAT-WIR 103.17.11:31\nNOTE: SC-NORTHTEXT\nR.W.1 - BC-NORTHTEXT, - [\nBC-North Text, 4300\nText Of North Statement On Indictment[\nwith PM-Iran-Contra Bjt\nWASHINGTON (AP) - Here 15 the text of a statement read by Lt. Col. Oliver\nNorth at the office of his lawyer, Brendan Sullivan, after a grand jury\nindicted North in the Iran-Contra case on Wednesday.\nIt 13 a sad irony that the decision to indict me snould occur today, a CAV\nin which the communists in Nicaragua invaded their democratic neighbor, a day\nwhich :5 the fourth anniversary of the abduction of William Buckley and the\nthird anniversary of the kidnapping of Terry Anderson, two or tne American\nhostages we tried so hard to rescue.\nHopefully, Mr. Anderson 15 still alive and will be freed soon.\nThe indictment is also sad for our country, for all the men and women who\nwork to protect it and to make our government work.\nIt is a particularly painful thing to my wife, Betsy, our four children and\nme.\nThroughout my service as a Marine officer I have always done my very best.\noften working night and day to get the JOB done and to do so honorably.\nI am proud of my service to our country and those with whom I have served.\nboth in the Marine Corps and on the National Security Council.\nUnfortunately, I have now been caught in a bitter dispute between the\nCongress and the president over the control of foreign policy, the power of the\npresident to deter communism in Central America and the president's duty to\nprotect our citizens against terrorist acts (abroad.\nIt is a shame that the new battleground for such a fight will be a\ncourtroom.\nI did not commit any crime.\nI intend to fight allegations of wrongdoing for as long as necessary.\nI recognize that opposing a prosecutor with an unlimited budget. a staff =\n30 lawyers, 50 investigators, scores of support personnel is a formidable task\nfor me and my counsel, Brendan Sullivan.\nThere are enormous costs involved both personal and financial.\nThe months 'ahead will be difficult and often very lonely.\nNonetheless, I can assure you I will never give up, we will win, I just\ncannot tell you how soon.\nAnd finally to the American people who have shown so much love and concern\nthese past 16 months by their millions of telegrams and letters and prayers anc\nsupport, I want to tell you again how extremely grateful I am for that.\nYou have helped my family and me find the strength to endure this seemingly\nengless ordeal in Washington.\nYou have shown your appreciation for what we did accomplish and what we\ntried = acnieve.\nFor that I thank you again. God bless you. C\nEnd North Text - : Take\nC\nAP-NY-03-17-88 0448ESTI\nEND)\nCharges a Badge of Honor.'\nNorth Savs at Libertv U.\nstrong, right-minded. Gud-tearing\nme special Iran-contra prosecutor\nBy Donaid P. Baker\npresident cannot alone accomplish\nHe and three others are charged\n-\nI\nsun\nWnter\nus goals.\nwith establishing a secret operation\n\"We need a better Congress. he\nLYNCHBURG. Va.. Mav 2-01-\noutside government channels to\nsaid. standing before a 20-bv-30\niver L. North. wno retired from the\nunner Iranian money to the NI-\n:00t U.S. flag. \"Run for nign office.\ncaraguan contras.\nmilitary Sunday, received a patri-\nhe told the graduates.\not's welcome today when ne told\nFalweil. wno later presented\nThe chairman of the Drait North\nNorth with an nonorary doctorate\ngraduates of Jerry Falweil's Liberty\nfor Senate Committee. jamev R.\nor humanities. said he has secured\nUniversity that accusations prought\nWheeler or Arlington. said he inter-\n600.000 supporters for his Detition\nagainst him in the iran-contra affair\npreted North's remarks as a direct\ndrive urging President Reagan to\n\"are not a brand. they are a Dadge\nmessage to encourage us' to con-\nardon North. Faiwell said ne\nof honor.'\ntioue the drant effort. The commit-\neeking 2 million names.\nIn a miamorning commencement\n:ee said It has raised $4,500 in cam-\npaign funds.\nAt the eage of the crowa on the\nceremony for 900 graduates or the\n8.000-student scnool. Falweil intro-\nMichael Saister. spokesman for\ncampus paseball field. representa-\nducea North as \"a true American\nthe Virginia Republican Party, said\nlives of People for the American\nhero.\" and said the former marine\nthe nominating process is open until\nWay passed out a news release that\nthe June 11 nominating convention.\nsaid the group has launched a drive\nisn't the first person to be faliety\nbut added that it is \"highly unikely\nopposing a pardon.\naccused: \"We serve a savior who\nwas indicted and convicted and cru-\nthat a draft movement will sweep\nThe issue isn't whether Ollie\nNorth is innocent or guity. It's\ncified.\"\nthe floor.\" Two announced candi-\nNorth's address brought the\ndates. McLean residents Andrew\nwhether the president and his start\ncrowd of about 10,000 to Its feet\nWahlquist and Gil Fauik. have been\nare above the law.\" said American\nfor several ovations, as he tanned\ncourting delegates for weeks for\nWay President Arthur j. Krapp.\nthe seat being vacated bv freshman\n\"Falwell has been spending mil-\nthe flames of two growing move-\nments: one to seek a presidential\nRepublican Sen. Paul S. Trible Jr.\nnons of dollars to paint Ollie North\nas a national hero who needs and\npardon for nim and a second to drait\nWheeler said a North nomination\ndeserves special treatment before\nhim for the Republican nomination\nvouid set up \"a spectacular Senate\nfor the U.S. Senate from Virginia.\nthe law.' Krupp's statement said.\nrace. a minipresidential contest.\"\nNorth said he had been caught in\nBut Ollie North's quilt or nnc-\ngainst the expected Democratic\nthe middle of a poutical dispute De-\nence snowa be determined DV i\ncominee. tormer governor Charles\nween the White House and Con-\ncourt of law. not DV jerry Faiweil\nS. Robb. wno. like North. IS a Ma-\ngress.\" and said he bag been \"Vilified\"\nand his pontical cronies.\nrine veteran of Vietnam.\nfor \"trying to help the yourry men of\nNorth got a hero's treatment\nThe 44-vear-old North. who re-\nNicaragua. trying to rescue Amer-\nhere. with hundreds of people JOCK-\ntired as a lieutenant colonel after 20\ncan nostages and prevent terror-\nyears in the Marine Coros. was\nsm.\"\nThe lesson of the last eight\ncharged in indictments sought by\nyears. North said. is that \"even 3\nEl\nThe Washington MOST\nThe Washington Times\nThe New York Times\nThe Wall Street Journal\nThe Baitimore Sun\nThe LOS Anceres\nUSA Today\nThe Chicago Thoune\nThe Philadelonia incurer\nDate\n5/3/88\nPage\n--\neying for a chance to snap nis DIC-\nture and cauing out \"Ollie. we love\nyou.\"\nThey don't understand.\" a grad-\nuate's parent. Eddie Conner of\nChambersourg, Pa.. said of North's\ncritics. \"He is a national hero.'\nNew religion graduate Mike\nGoode of Landover. president of the\ncampus Black Student Fellowsnip.\nsaid he nas \"mixed feelings about\nNorth. because \"the end doesn't\njustify the means.\" But he said he\nwas happy that Liberty \"got a great\nspeaker and IS in the limenght.\"\nDaryl Smalls. a freshman from\nBrooklyn. N.Y., expressed a dis-\nsenting opinion. but only because\n\"they made us stay on campus\" dur-\ning what otherwise would have\nbeen a break from final exams.\nHe told the graduates\nthat among the jobs they might\nseek. \"a few. and I hope only a few\nof you. mav become special pros-\necutors. My case may be still\naround.\" he added.\nIn some countries. ne said. \"peo-\npie under investigation get in a car\nand simply disappear. That doesn t\nhappen here. and thank God for it.\"\nNorth was not available to talk\nwith reporters after the speecn.\nThe Washington POST\n31\nThe Washington Times\nThe New York Times\nThe Wall Street Journal\nThe Baitimore Sun\nThe LOS Anceres Times\nUSA Today\nThe Chicago Tribune\nThe Philadelonia inquirer\nDate\n5/3/88\nPage\nof\nNorth Says Criminal Charges\nAgainst Him Are 'an Honor\nLYNCHBURG Va., Mav 2 (AP) -\nEarlier. a spokesman for Mr. Faiwell\nOliver North told graduates todav at\nsaid the evangelist probably would\nthe university rounded by the Rev.\nback the former Marine for public 01.\nJerry Falweil that ne IS proud of the\nlice.\ncriminal charges against nim.\n'He said last night to a reporter ne\nThose accusations are not a brand\nwould probably support nim for any\n- they are an nonor. Mr. North told a\nstate office.\" Mark DeMoss. ne\ncheering crowa eathered for his com-\nspokesman. told reporters.\nmencement speech at Liberty Univer-\nSenate Bid Is Urgea\nsity here.\nGod willing. with your Dravers and\nMembers or a group trving to grait\nMr. North for a Senate campaign from\nsupport. we will Drevail. even in Wash-\nVirginia were among the thousands\nngton. he said. a cav after his retire.\nwno snowed uD at Liberty University to\nment as a Marine Corps lieutenant\ncolonel.\nwatch Mr. North make his first DUDIIC\nMr. North lashed out at Congress-\nstatements since his indictment.\nThe chairman of the Draft North for\nmen and a special prosecutor wno have\ncharged him with diverting money\nU.S. Senate Committee. Jamev R.\n(rom arms sales to Iran to rebeis seek-\nWheeler. declined to say whether Mr.\nng to overthrow Nicaragua's Marxist\nNorth supports the effort.\nGovernment.\nHe hasn't been telling us to stop.\nWe must not just choose the right\nand that's an encouraging sign\" Mr.\nPresident\" in 1988. Mr. North said in\nWheeler said\nhis commencement speech. \"We need\nAbout 60 people from four area peace\na better Congress.\"\nactivist groups. carrying signs' that\nread \"Ollie Not for President\" and\nHonorary Doctorate Planned\ndemon-\nIn introducing Mr. North. Mr. Fal-\nstrated in downtown Lynchburg\nwell. a Baptist preacher. compared the\nagainst Mr. North's appearance.\nformer National Security Council aide\nAttorney General Edwin Meese Jd\nto Jesus.\ndelivered the commencement address\nWe serve a savior who was indicted\nat Liberty last year.\nand convicted and crucified.\" Mr. Fai-\nwell told some 900 graquating students\nIt the camous of nearly 8.000 that IS\npart of his rengious empire in this cen-\ntrai Virginia CITV. Mr. Falweil Dians to\npresent Mr. North with an honorary\ndoctorate in the numanities.\nMr. North IS under indictment on\ncharges ne conspired to defraud the\nGovernment by illegaily diverting\nprofits from the Iranian arms deals to\nthe Nicaraguan contras.\nMr. Falwell started a national Deti-\ntion drive this soring seeking a pardon\nfor Mr. North.\nThe Washington Post\nThe Washington Times\nThe New York Times\nAl\nThe Wall Street Journal\nThe Baitimore Sun\nThe LOS Anceres Times\nUSA Todav\nThe Chicago Tribune\nPrivadeionia inquirer\nDate\n5/3/88\nP308\n7\n...NCHBURG. Ta. - Oliver\nBadge of honor'\nrtn went DUOIIC for the first time\nsterdav. on his first dav as an ex-\narine. 10 tell a cneering com-\nencement-dav crowd that he\nclaimed by North\nears the iran-Contra accusations\nzainst him as \"a badge or honor.\nor turning its back on communist\naught in the middle or 1 bitter DO:\nWith a nuge American rlag as nis\nagression in Nicaragua and urged\ntical dispute between the Congress\nackarop. the newiv retired Marine\nne graduating students to work for\nand the president over the control or\na 56-minute commencement ad-\n: better Congress.'\nforeign policy. the power or the pres-\nress at the Rev. Jerry Falweil's L.\nAn estimated 13.000 people were\ndent to deter communism in Central\nerty reversity voiced support tor\na nand for the speecn. manv or\nAmerica. or the president's respon-\n1 oroad range or conservative ideals\nnem crowding the surrounding nill-\nbilities to protect American c:n-\n- rom the anti-missue Strategic\ndes after the seats in the basebali\nens from terrorist attacks aoroad.\nDefense initiative to the essential\neld where the stage was situated\nCOL North told the crowd. many or\none or family values and religion in\nere filled. In anticipation or the\nvnom wore North buttons and fre-\nmerican life.\ncrowd. the university nad shipped in\nquentiv broke into chants or \"Ollie!\nCol. North. in remarks that\nnairs from Tennessee. Marviand\nOllie! Ollie!\"\nounded much like an election-vear\nna West Virguua. school officials\nNor did I ever dream that 1 would\nampaign speech. also castigated\n31d.\nhave to endure the largest investiga-\nAmerican poutical leadership\nCertainiv I did not choose to De\n:on in the nistory or our resublic. an\ninvestigation that nas probed every\naspect or my professional and Der-\nsomal life and that or mv tamuv. he\nsaid.\n\"From certain commentaries in\nthe media. It IS clear that some De-\nlieve once a man IS accused he IS\nbranded forever.' said Col. North\n\"Well I've been accused of help-\ning the brave young men and women\nof the Nicaraguan resistance. 1 have\nbeen accused of trying to rescue\nAmerican hostages held captive and\nof trying to prevent other terrorist\nattacks.\n\"Those accusations are not a\nbrand. They are a badge or honor.\nhe declared to sustained applause.\nCol. North chailenged the one\nThe Washington Post\nThe Washmoton Times H-1\nThe New York Times\nThe Wall Street Journal\nThe Baltimore Sun\nThe LOS Angeles Times\nUSA Todav\nThe Chicago Tribune\nThe Philagelphia indulrer\nDate\n5-3-88\nPede\n5.\nme United States neibed the unoe-\nno looked on from the audience.\n.evadiv orave Argnan Deople drive\nand their tour chudren have re-\nthe Red Armv out. Col. North said\ndelved more than 2 mailion cards.\nloud applause.\nenters and telegrams or support and\nraduating students to take simuar\nHe acknowledged. nowever. that\nincouragement over the last\nTSKS for the 2000 or the country as\nnv views are colored deeDiv DV\nmonths.\nthey enter their working lives. out to\npersonal observation and intense ex.\nFrom these. our ramuv nas taken\nnoid fast to a \"compass or values\nperience. For you see. 20 years\nstrength. We have been reminded\nfaith. honestv. lovalty. patriotism and\n120. I graduated on a Diaving field\nnat in this magnificent country\ngenerosity.\"\nUSI as you are. But shortiv after 1\n-gnt makes mignt.\" the said. And\nThis IS going to mean not quitting\nraquated. I was assigned as an in-\nGod willing. with your pravers and\nIf you fall down. Because railure 15\nantry officer to a unit in Viemam.\nupport. we will prevau even 15\nnever rinal. It's courage that counts.\nThe young men that 1 was Diessea to\nWashington.\ncourage to DICK vourself up. learn\nead were some or the most neroic\nCoL North was indicted DV a tea-\nfrom your mistakes and try again.\npeople that trus country has ever\ntrai grand jury in March on charges\nhe said.\nraised up.\nthat ne masterminded a secret ::-\nCoL North said the students \"spe-\nBut. said Col. North: Sons or this\nnancial supply operation tor the\nclai challenge is \"responsibility\nnation were maimed and crippied.\nNicaraguan Resistance at a ame\nresponsibility to vourseives. respon-\nand they ared for naught because the\nvnen sucn aid was banned ov Con-\nsibility to your families and respon-\npolitical leadership or this country\ngress. A trial date nas not been set.\nsibilities to your country:\"\nlost its wull. They lost faith not only\nHis appearance in Lvncnourg\nPresident Reagan. ne said. \"has\nin themselves. out the lost faith in\nwas the former White House aices\naptly described America as the\nfirst full day as a private citizen\nworld's last. best hope. it's time to\nafter 20 years in the Marine Corps.\ngive something back to a nation\nand oniv after considerable thought\nthat's been so good and given so\nand hesitation and he finaliv agree to\nmuch to so many. You can start DV\nspena It at the fundamentalist\nbeing informed. DV speaking out. DV\nThe Rev. Jerry\nChristian institution tounded OV Mr.\ncasting a pallot and taking part in the\nFalweil set the tone\nFalweil.\nupcoming elections.\nLa an interview. Mr. Falweil con-\n\"Certainiv one lesson of the last\nwhen he said. \"We\nfirmed that were It not for the efforts\neight years IS that even a strong\nof conservative North Caronna Re-\nright-minded God-fearing president\nserve a Savior who\npublican Sen. Jesse Helms. a strong\ncannot alone do all that needs to be\nwas indicted.\"\nsupporter or Col. North. the speecn\ndone.\" said CoL North \"We must not\nprobably would not have come\njust choose the right president: we\nabout. Mr. Falwell. who met Col.\nneed a better Congress.\nNorth for the first time yesterdav. IS\n\"Your challenge then IS to help\nleading a petition drive to have the\nfind and elect these people. And for\nMarine pardoned for his alleged\nsome of you. one day to run for high\nthe ideals of freedom and democ-\ncrimes.\noffice. and. yes. be those people.\nracy. They Detrayed millions or peo-\nMr. Falweil set the tone for the dav\nYour future !S exciting. with\npie to death and tyranny. And that\nwhen he told the crowd. prior to Col.\nlimitless opportunity. Your genera-\ncannot happen again.\nNorth's appearance. that when\ntion can win.\"\n\"Yet. even as we meet here.\" he\nasked why an indicted man nad been\nCoL North emphasized to the\nsaid \"that tragedy IS about to be re-\ninvited to speak. he replied. \"We\ngraduates the freedoms available in\npeated in Nicaragua Once again.\nserve a Savior who was indicted.\nAmerica and contrasted them to\nCongress IS turning ITS back on\nThe Baptist minister said that 5\nthose countries under communist\nAmerica's truest triends.'\nthe last four weeks. ne nas collected\nme\nThe Marxist Sandinista regime in\n500.000 signatures on a betition call-\nalso was sharply critical of the\nNicaragua \"doesn't threaten us. in\nng for Col North's pardon and\nSoviet Union for speaking \"soothing\nand of itself.\" Col. North said. \"But\nhopes for a total of 2 million before\nwords of peace\" while there's been\nwhat does threaten the United States\ndelivering It to the White House.\n\"no let up in their aggression. their\nIS its sworn vow to spread a rev-\nCal. North's address was so well\npatterns of subversion across the\nolution without frontiers througnout\nreceived that he staved an extra 90\nglobe and their depiorable pat-\nCentral America. sending millions\nminutes facing a Diazing sun so ne\ntern of cheating on major arms con-\nof refugees streaming across into\ncould personaily present the\ntrot treaues.\nMexico and across our borders.\"\ngraduates with their diplomas. He\n\"And the oniv reason the Soviets\nClutching a Bible in his hand. Col.\nalso received an nonorary doctorate\nare leaving Afghanistan IS because\nNorth said he and his wire. Betsv.\n5 humanities from the university.\nThe Washington Post\nThe Washington Times A-1\nThe New York Times\nThe wall Street Jcurnal\nThe Bartimore Sun\nThe LOS Anceres Times\nUSA Todav\nThe Chicago Tribune\nThe Phrisderonia incurrer\nDate 5-3-88\nPege\n6.\nExcerpts from Col. North's address\nThe following are excerdts vom\nFrom certain commentaries\nor your responsiomtw 33 citizens\nenrea Marine LL. Col. Oliver North\nthe media. 13 clear that some\nthis Diessea land.\nommencement address vesteraav\nNow.\n1\nelleve once 1 man IS accused. ne :S\nadmit.\nnot\nsteak\nthe 1988 eraauating CLCSS J!\nranded forever. Veil. been\nan objective ovstander\nerry University in Lyncnourg. :-:\niccused or heiping the crave voung\ncolored deepiv personal DD.\nWhat IS your challenge: in a\nmen and women or the Nicaraguan\nervation and intense experience.\nesistance in their struggle for the\nertauniv want a new more beacerui\nora. I think that chailenge IS re-\nconsibility - responsionity\nerv liberties that we claim as a\nSoviet Union\ncuti the only rea-\nourselves. responsibility to your\ninthrient. ! have been accused or\non that the Soviets are leaving\nfghanistan IS because the United\namines and responsibility to your\nmang to rescue American nostages\ncountry.\nheld captive and or trying to prevent\ntates neibed the undeuevaniv orave\nother terrorist attacks. These accu-\nfghan people drive the Rea Armv\nWhen i sent mv DIOgraphy to\nations are not a orand. They are a\nut.\nRev. (Jerry Falwell for the introduc-\nUnfortunately. Mahanistan :s\nnon todav. 1 said that mv nonest Drer-\nnadge or nonor.\nthe exception. not the rule for Amer-\nerence was to be introduced as the\nvesterdav was Mav Dav. the\ncan foreign policy over the last two\nhusband of one and the father or\nciggest notidav in the communist\necades. I know. 1 have lived inrough\nfour. And I said that because that\nvorid. Think about that for a ma-\nthe reautv of that tragic truth. For\npart of me IS so mucn more impor-\nment. As vou leave Liberty Univer-\nou see. 20 years ago. 1 araquated on\nant than whatever five aiready done\n.tv in 1988. you can De anvtning you\nDiaving fieid lust as you are. out\nwhatever e:se i will do. 1 believe\nant to De. AS your counterparts are\nnortiv after 1 graduated. i was as.\nvitn all the strength or mv soul that\nraquating trom the University of\nmed\nas\nan\ninfantry\naith and the sondarity or the Amer-\nloscow. they can be anvtning the\ntam.\ncan tamilv remain the foundation or\ntate wants them to be. And that\nSons or this nation were\nreedom in this country.\nalone should be enough to remind\nmaimed and crippied. and they area\nfor nought because the poutical\nleadership or this country lost Its\nwill Thev lost faith not only in them-\nselves. out they lost faith in the\nideals of freedom and democracy.\nThey betraved millions or people to\ndeath and tyrannv. And that cannot\nhappen again.\n\"Certainiv one lesson or the last\neight years IS that even a strong.\nright-minded. God-fearing pres-\nident cannot alone do all that needs\nto be done. We must not just choose\nthe ngnt president: we need a better\nCongress. Your chailenge then IS to\nhelp find and elect these people. And\nor some or you. one dav to run :or\nnign office and. yes. De those DEODIE.\nIf you get out and do as 1 have\nsuggested. the contribution you will\nmake to your communities and your\ncountry will be invaluable. To this\npoint in your lives. you have been the\nrecipients or this great country's\nblessings. Now IS the time to step\nforth and provide something in re-\num\nGod bless you on your our-\nnev. Semper Fidelis. Thank vou.\nThe Washington Post\nThe Washmoton Times A-\nThe New York Times\nThe Wall Street Journal\nThe Baitimore Sun\nThe LOS Anceres Times\nUSA Today\nThe Chicago Tribune\nthe Phraceionia includer\nDate\n5-3-88\nLL\nPage\nNorth takes the stump\nfor military. flag, God\nSusan Warner\n(mendiv\ncrowd\n01\nmore\n000.\nnearly\nall\n01\nthem\n1\nNorth\nMarine\nmedais\nriers. cheered the retired Marine\n:07\nwas\nme:\nutenant\ncoloner.\nwho\nwas\nMarch\n:::\nMS\nrote\nthe\ncncers\n01\nwhen\nne\n100K\nntra\nscandal.\nThe\ncrowa\nvesterday\ndid right. Ollie. and Sember\nINTOIC\nmessage\nto\nhe\nthe Marine Coros motto.\nFair 17 Bensalem.\nbelieve ne was right in what ne\na\nworld\nhaunted\nas GOING. 5310 Tonv Martin ot Mor.\nwackos\n01\nK the more DEODIE see\nwe\ncan\nthe more they WILL understand\nthe\ndetense\n01\nnat ne stood :or\nStates.\nsaid\ncout 20 protesters gathered out.\nTHOUC address since retiring\nde the gates 01 the fair. held at\nMarine CORDS on May I\nPhiladeionia Park race track. carry.\nHe also called on President Reagan\nbanners and passing out learlets\nin be cautious in dealing WHO Soviet\nICIZIDE North.\neader Mikhan , Gorbacnev and ne\nWe're here Decause Philadelpnia\nrzea American outn to respect\nthe nome 01 the Constitution. and\nheir parents.\nVALERIO\nOliver L. North addresses Pennsylvania Fairgoers in Bensalem.\nPhinceionia inquirer\n3\n-e Panama Canal.\nnake\nFTR 3150 said 1021\nthe :ac:\n-.ed\nperul about the Meagan\nsaid Beth ::\nmmit that Degins today Press\nTittee in Schdarity the People\ncent should be cautious perore\n: El Saivador\namo nes down with the uch.\nNorth has oinec the lecture\n310 Reagan snould demand :reedom\ncunt to supplement DIS milliary nen-\nSoviet DOIIIICAL prisoners and in\nnon. H:s fee for vestercav S speech\nEAST that the Soviets aoide DV exisuez\nwas not C:SCIOSED.\narms agreements.\nNorth loosened == me стожа with\n: tew lokes. nice to be invited\ncaragua. ne said. has BCW rurned\nTomewnere without 1 subtoena.\nthe Soviet union. North said :n:\naid. There :S almost as many\nDoviers have supplied the\nhere as makes up a congressional\ngovernment with $500 mission 10\ncearing.\n:ary aid. And ne said other commu\nBut ne grew solemn as ne spoke 01\nR:ST leaders also have tent support\nhis respect :or police officers. viet-\nMicaragua.\nnam vererans. the Constitution and\nGood heavens. what IS a lunatic\nGod. \"The Constitution says inere\nfringe like that doing only a :ew\nshould be a separation between\nhundred miles from our borders\nchurch and state. North said. But 1\nNorth said.\ndon't believe there will ever be a\nHe chastised Congress. saying it\nseparation between God and the\nwas waiking away from Nicaragua\nhearts of the people 01 America.\nand leaving It vulnerable to the com.\nHe also said the government\nmunists.\nshould promote the general wel-\nNorth also called on the young to\nare. not promote weifare to the gen-\nlive a life that IS a statement. not an\nerai public. and he said he believed\napology. And he asked them to make\nthe Constitution snould protect the\nsure their parents vote for leaders\nfirst right. the right to life.\"\nwho will support a strong U.S. mill-\nOn world affairs. he said the\nare.\nUnited States should not negotiate\n: don't think the young people\nwith Panamanian military leader\nare. or my teenage son. snould have\nManuel Antonio Nonega. wno. North\npay the price for people who were\nsaid. IS aligned WITD Cuban President\nelected to oring us knowledge and\nFidel Castro and Libyan eader\npresignt and have talled to oring us\nMoemmar Gadhafi.\neither one. he said.\n\"We tried sweet reason. It didn't\n:s fair officials urzea the crowa to\nwork. North said. \"I believe the time\nremain for not air balloon races.\nhas come to tell Panama that It they\nNorth left the stage to calls of Ollie\nwant to Keep Nortega. we get to Keep\nfor President.\nThe nation\nOliver North stumps\nfor Calif. candidates\nLONG BEACH. Calif. - Two former White House\naides running for Congress in California have turned\nto former Marine Lt. Col. Oliver North for tacucal\nsupport.\nNorth. who faces federal conspiracy charges for\nhis role in the Iran-Contra affair. on Wednesday urged\nelection of conservative Republican Dana Rohrabacn-\ner to represent the 42nd Congressional District.\nIt was his first campaign appearance since the\nIran-Contra hearing last year. said Robrabacher\nspokesman Robert Rule. Robrabacher. a former\nspeechwriter for President Reagan. is an old friend\nfrom North's days as an aide to the National Security\nCouncil.\nNorth was to campaign today for Christopher Cox.\nwho is running in the GOP primary for 40th Congres-\nsional District.\nCox. 35. of Newport Beach. was semor associate\ncounsei for Reagan from 1986 to this year. when ne\nresigned to seek election.\nNorth. speaking Wednesdav to about 350 people LB\nthe hangar where Howard Hughes mammoth Spruce\nGoose airpiane IS housea. repeatedly said that Ameri-\ncan freedoms were being stripped away, and urged\ngreater support for the Nicaraguan Contras LA their\nfight against that country's Sandinista government.\nPOTOMAC NEWS.\nA2\n\"ne Washington Post\nThe Washington Times\nthe New YORK Times\nThe Wall Street Journal\nThe Baitimore Sun\nThe LOS Angeles Times\nUSA Today\nThe Chicago Tribune\nThe Philageionia inquirer\nDate\n012.87\n&\n900\nNorth railies\nfreedom fighters'\nLOS ANGELES - Retired Ma-\nrine Lt. Col. Oliver North. cam-\npaigning for a conservative con-\ngressional candidate. said\nesterdav It was up to freedom\nsignters to derend the cause or\nreedom.\nOur ruture IS wide open and can\ne as free. aoundant and secure as\nnose wno fight for It. Freedom IS\noniv as strong as freedom\nlighters. he said. using the Reagan\nadministration 5 term for the Nica-\nraguan resistance.\nThe former presidential aide.\nspeaking at = raily for Republican\ncandidate Dana Rohraoacner.\nalso said the only reason the Soviet\nUnion agreed to puil out or\nAfghanistan was that \"the United\nStates got off their duff and helped\nthe incredibly brave Afghan peo-\npie.\"\nThe Washington Post\nThe Washington Times\nThe New York Times\nThe Wall Street Journal\nThe Baltimore Sun\n--e LOS Angeles Times\nUSA Tocav\nThe Chicago Tribune\nThe Philageionia inquirer\nDate 6/2/88\nP\nOut and About\nIndicted former White House aide Oliver L\nNorth mav have been willing to charge up anv\number of hills for President Reagan. out ne\nobviouslv isn't t standing with his commander in\nchief on the Moscow summit. Now that he no\nlonger IS a Marine ueutenant colonet. North IS\ngoing political. and in his first campaign speech\nWednesdav for Dana Rohrabacher. a tormer\nReagan speech writer and a conservative Re-\npublican candidate for Congress in Orange\nCounty, Calif.. North made emphatic referenc-\nes to the Soviet Union as an \"evd empare.\" a\nphrase his commander E chief seems to have\nrecanted. North's campaign efforts were ex-\npected to raise $100.000 for Rohrabacher at\nthe $500-per-coupie fund-raising evening at a\nLong Beach museum. North was also cam-\npaigning yesterday for Christopher Coz. an-\nother former Reagan ade also running for\nCongress. Cox Was.a semor associate counsei\nto the president. in his tough-talk for Rohra-\nbacher. North warned that the conservative\nmovement IS \"being picked apart, piece by\npiece, day after day, by a liberal Congress\nhell-bent on undoing this president's economic\nprogram and seiling out freedom across the\nworld\"\nThe Washington PCSI D=\nThe Washington Times\nThe New York Times\nThe Wall Street cournal\n-ne Baitimore Sun\nine LOS Angeles Times\nUSA Todav\nthe Chicago Pridune\nThe Philadelonia inquirer\n6/3/88\nDate\n4.\n-son\n3enefits of Norm's visit\nNORTH CAMPAIGNS\n\"Ar North 5 VISIC. Mr Cox and Mr\nRohrapacher said. did two intres: :\nprought substantial tree exposure in an\nFOR REPUBLICANS\narea where evision advertising IS\nprohibitively expensive. and It helped\neach candidate raise more man\n$100.000 from Deople who just wanted a\nchance to see and near wille North.\nWestern Candidates Welcome\nwhat those people neard from Mr\nNorth was a type 01 unreconstructed\nEx-Marine S Help Despite\nconservatism that even Mr North 9\ncommander in chief rareiv ulters these\njavs.\nIran-Contra Indictment\nWho knows? Mr. North said at 3\n-aily at the Long Beach airport for Mr.\nRohraoacner. With a conservative\nmajority in Congress. we mignt even\nBy MICHAEL ORESKES\nhave an American interest section in\nSpecial 14 The New YORK Times\nour State Department that would be\nLONG BEACH. Calif.. June 2 - To\nsupporting enthusiasticaliv and effec-\newers wno last saw nim on gavume\navely the greatest struggle on the\nelevision. the DOVISN face was unmis-\nplanet Earth: the struggle between no-\nakable. out the setting was brand new\nerty and freedom versus totalitarian-\nLieut Col. Oliver L. North. United\nsm.\nStates Marine Corps, retired. was on\nDemocracy would rise in 3 freed\nthe campaign trail for the first time.\nNicaragua. Mr. North said as ne\nMr. North.\nmagined a world under a conservative\nCongress.\nFidel Castro and his repressive\nenchmen would be out a sad memory\nwas campaigning in Southern Califor-\na a liberated Cuba. ne said. Pope\nnia Wednesday and today for two men\nohn Paul would be joining Lecn\nseeking the Republican nomination to\nValesa to conduct Christmas Mass in\nrun for Congress from their respective\nVarsaw. and the Red Army would be\ndistricts.\ndigging in against Dopular uprisings\nNow many candidates might not\ncross the whole breadth of their evil\nwant a man under Federal indictment\nempire.\nout stumping for them. But here south\ninto Orange County IS basic Ronald\nUses 'Evil Empire' Phrase\nReagan country. Around here the inde-\nMr. North picked up the \"evil em-\npendent prosecutor's charges against\npire\" phrase that Mr. Reagan has\nMr. North which include conspiracy to\nargely abandoned. using It just as the\ndefraud the Government. theft of Gov-\nPresident ne had served was finishing\nernment property and obstruction of\na meeting with the Soviet leaders Mr.\nCongress. are read by many as a badge\nNorth condemns.\nof honor for a patriot who was wounded\nMr. North declined to speak with re-\n(WICE in Vietnam and survived. only to\nporters who attended his various ap-\nbe wounded in the political crossfire in\npearances. His lawyer savs. no\nWashington.\nway, said Mr. Rohrabacner s\nAttack on *Leftist Liberais'\nspokesman. Rob Rule.\nHe's under orders and he's a good\nHe stands before us an indicted\nMarine. Mr. Rule said. The minute\nman.\" said Dana Rohrabacner. one of\nthey drop those pnonv charges against\nthe candidates Mr. North came nere to\nhim ne talk like crazy.\nsupport, but as far as I'm concerned.\nUntil Mav 1. when his retirement\nit's not Oliver North but the leftist MB-\nrom the Marine Corps took effect. Mr.\nerais who defrauded the country.\"\nNorth was barred DV Federal law from\nLike Mr. North Mr. Rohrabacher\nengaging in politics. On May 4 he\nand the other candidate. Christopher\nagreed to campaign. said Mr. Rohra-\nCox. had worked in President Reagars\nbacher.\nWhite House and. like Mr. North they\nHis crisp uniform bedecked with\nsay their mission IS to carry on the\nmedais IS gone now. replaced DY a\nPresident's conservative agenda.\ncharcoal pinstripe suit. button-down\nBoth Mr. Cox who worked in the\nblue shirt and dark red ue.\nWhite House counsel's office. and Mr.\nMr. North. who IS free on his own re-\nRohrapacher. a former Reagan speech\ncognizance pending trial. makes his IIV.\nwriter. are in tough races for the Re-\nng these davs from (ees for speaking\n\"ne Washington PCSI\npublican nomination to run for Con-\nengagements. But ne LOOK nothing out\ngress. Both are from districts where\nexpenses for this trip. ne told the guests\nThe Washington\nthe party's nomination. to De decided in\nit a dinner to raise money for Mr. Roh-\n:\nNew\nYORK\nA1\nnext Tuesdav's primary. IS antamount\nabacher nere last night.\nwas\nGireet\nto election.\nMr. Rohrapacner and Mr. Cox said\nMr. Rohrabacher IS running here. in\nnev considered making a contribution\n\"ne Bait,more que\nthe district that covers southern Los\nto Mr. North's defense tuna in recom-\n-ne LOS Angeles Times\nAngeles County and northern Orange\npense for his appearances. out decided\nCounty. Mr. Cox IS running south of\nUSA Tocav\nmight be misconstrued.\nhere. in affluent Orange County coast\nMr. North referred to his own legal\nthe Chicago Tricune\nommunites mke Newport Beach sad\nroubles only once. 113 nice 10 ce\nLida\nThe Philageionia inquirer\niwav from asnington. he said at the\nin each district. the Republican in.\nunner. and to De invited somewnere\ncumbent IS not seeking re-election. at.\nAttnout a suppoena.\nDate\n6/3/88\nrecung a substantial field of would-be\nsuccessors who are ruriously jockeving\nfor any advantage.\nPage\ni;\nWest Coast greets\nNorth as a hero\nIV another student and wreshed\nne ground.\nAsked DV a reporter :: ne would\nCOSTA MESA. (weet. Retired\nonsider running tor the U.S denate\n:: Col. Oliver North upstaged :-:\nVirginia. Mr. North said:\nongressional candidate ne :s back.\nMr. Cox. 36. running for the GUP\nng as ne received a nero S welcome\ncongressional nomination in Canfor\nrom a wildiv cheering audience\nas 40th district. :s a Republicar.\nhere vesterdav.\nfund-raiser. former White House\nOne man can make a difference.\ncide and the tounder or the company\nsaid Col. North. the star attraction at\nthat first Degan providing Engusn\n1 railv for GOP congressional candi-\nransiations or the Soviet Commu-\n:ate Christopner Cox.\nnist Partv daily newspaper Pravda.\nDespite the successes or the Rea-\nCol. North's two-dav cambaign\ncan years. all or our progress IS De-\nvine incough California cegan\nne picked apart day DV day\nWednesdav with a railv and rund-\nperal Democrats in Congress. 12\naisers for Dana Ronrabacner. 3 :or\nsaid. \"We have got to StoD them.\nmer White House speechwriter now\nMr. Cox IS one wno will .COK\neeking the GOP nomination for the\nHouse Speaker Jim Wright in the\n42nd congressional district race.\neye and just sav no. Col. North said.\nPlans for Col. North and Mr. Ronr.\nHe jokingly reserred to nimself as\nbacher to campaign coor-to-door in\na former Marine currentiv out of\nthe Long Beach-area district Wed.\nwork.\" and denied being a hired\nnesdav were canceled for security\ngun for Mr. Cox. This guy isn t for\nreasons.\nhire by anvoodv.\"\nBoth Mr. Cox and Mr. Rohraba-\nThe crowa. made up largely of\ncher are conservatives seeking the\nOrange Coast college students.\nGOP nomination for open congres-\nscreamed and cheered and waved\nsional seats being vacated bv con-\nsigns reading \"I'm a NORTH Amer-\nservative Republican congressmen.\ncan and \"T'm for Ollie. bv golly.\"\nBoth districts are overwnelm.\nThey applauded neariv every line\nngiy Republican. making the\nof Col. Norths 20-minute speech.\nvinner or the GOP nomination the\nthen moobed nim when. to the dis-\nkelv victor in the fail.\nmav or his bodvguards. he umped\nCol. North's campaigning here\noff the stage into the audience to\nmarked his first participation in par-\nshake hands.\nusan politics since Decoming a na.\nCampus security Police inter-\nonaliv known and controversial 112.\nened after one student. noiding up\nare for nis role in the iran-Contra\nContra Cocaine sign. was tackied\nstair.\nThe Washington MOST\nThe Washington Times =\nThe New YORK Times\nThe wall Street Journal\nThe Baitimore Sun\nThe LOS Angeles Times\n.SA Tocal\nChicago Include\nThe Phrisceronia incurrer\nDate\n/\nPage\n=.\nThe North Star\nR\netirea Marine L: C.I. Oh-\nver orth will ce the next\nnot ticket on ecture DIFCUIE.\nSince North sizned on with the\nVasnington ceakers Bureau.\n:e nas uned up .5 :Deecnes\nor $25.000 eacn-more than\nhis annual Marine cension\n$22.000) and in the same\neague as speech :ees for :or-\nmer president Geraid Ford\n$20.000) and former secre-\ntarv or state Henry Kissinger\n$25.000). His patriotic themes\nseem particulariv attractive to\nSouthern audiences and GOP\ncandidates raising runas.\nEWSWEEK\n...\nParty with Oillo\nBig contributors B the Conser-\nradve Victory Committee's gaia in\nNew Orieans on Aug. 16 will get a\nspecial invitation 9 a ainner in Late\nSeptember nosted by Oliver North\nThe 100 or so invited will include\nthose wno purchase $10.000 tables\nfor the gaia. which is designed B\nraise $500.000 for an ano-Dukakis\nindependent expenditure campaign\nand $200.000 to help fund conserva-\nave candidates in targeted races\nnationwide. \"This LS CoL North's\nway or thanking the true leaders or\nthe conservative movement.\" said\nL Brent Bozeil III. chairman or the\npolitical acnon committee. \"Oliver\nNorth IS a true hero and patriot\nwho IS being persecuted because\nhe stood up for freedom and de-\nmocracy in Central America. he\nsaid \"People from all over the -\ndon are eager B meet calls grost\nAmerican.\"\nThe Washington Post\nThe Washington Times ELO\nThe New York Times\nThe Wall Street Journal\nThe Baitimore Sun\nThe LOS Angeles Times\nUSA Tocav\nThe Chicago Thoune\nThe Philageionia inquirer\nDate 6/23/88\nOliver North\nwill help King\nin Senate race\nBy JOHN PATRICK HUNTER\napril Times Associate tartor\nIndicted former National ...\ncurity Councu aide Oliver North\nwill cambaign in Wisconsin Aug. :-\nfor Steve King. a candidate for the\nRepublican Senate nomunation.\nNorth will speak at fund-raisers\nin Waukesna and Milwaukee. said\nCindy Schultz King's campaign\nmanager. Schuitz said the times\nand places have not been set\nthough the Waukesna dinner price\nhas been set at $150 a person.\nNorth a retired Marine Coros\nlieutenant colonel IS accused of\nconspiring to defraud the govern-\nment by Шедацу diverting profits\nfrom the U.S.-Iran arms sale to the\nNicaraguan Contras after Congress\nhad banned direct U.S. military\naude to the rebels.\nSchuitz said she had worked for\nseveral weeks to arrange for\nNorth's VISIL\n\"He's pretty popmar Ln Wiscon-\nsin\" Schultz said \"Peop\". like him\nhere. He took on the Senate and\nkind of ran them around 1 little bit.\nYou know now that goes. He gave\nthe politicians a run for their\nmoney, and they like him.\"\nSchultz said North's indictment\nwould not hurt King's efforts to de-\n(eat state Sen. Susan Engeleiter.\nMenomoneee Falls in the Sept. 13\nGOP Senate primary. \"No. not at\nall\" Schuitz said\nSchultz said North has spoken for\na few Republican candidates in\nother states and had been a suc-\ncessful fund raiser.\nKing, a conservauve and a rural\nWhitewater resident. traued Enge-\nleiter. a moderate. in the most re-\ncent Milwaukee journal poll Some\n52 percent favored Engeleiter. 21\npercent supported King and the\nest\nNorth Criticizes Iran-Contra Judge\nDefendant Contends Trial Is Timed to Influence Electorate\nBy George Laruner jr.\nup speakers. Martin Maddoux. Ex-\n$40.000 Saturday in Texas for his\n- - acad Wreer\ncerpts were provided to United\ndefense. primarily at an evening\nPress international and The Wash-\nbarbecue at the Midland. Tex.\nFormer White House aide Oliver\nington Post.\nCountry Club where guests paid\nL' North told a group of supporters\nNorth described his case as one\n3150 each for barnecue and some\nn Texas last weekend that U.S.\nwhich соша weu determine who\npaid $500 for a private reception\nDistrict Court Judge Gerhard A.\nwill control the foreign policy or the\nwith North and his wife. Betsv. The\nGeneu S decision to begin as trai\nUnited States or America: the pres-\nNorth Defense Trust. which ne\nSept. 20 was politically mouvated.\ndent. who IS constitutionally em-\nsponsors. published an advertise-\nThe will go to trail before the\npowered to do so. or 535 members\nment in The Wall Street journal last\nelection in what is a truly biatant\nof Congress\nThursday headlined. \"Offie and Bet-\neffort to politicize this activity and\nNorth and his lawyers have said\nsy North Need Your Help Nown\"\ncreate dissension right at the time\nthey will call the highest-level gov-\nMaddoux said the fund-raiser at\nof a national election.\" North said at\nerament officials-suggesting the\nthe airport, which drew about 90\n& $100-a-piate fund-raiser Saturday\npossible appearances of President\npeople, was a hastily organized af-\ntierning at the Dallas-Fort Worth\nReagan and Vice President Bush-\nfair arranged after the Midland bar-\nMirport's Marriott Hotel\nto tesufy in support of their conten-\nbecue had been set. He said his net-\nGeseil set the trial date last Fri-\ntion that North's actions were au-\nwork was the only one. allowed to\nday and made it clear in his ruling\nthorized by his superiors.\nrecord the talk\" because he had\nthat be would tolerate no more de-\nComplaining of independent\nbeen seeking a live interview with\nlays even if some of the charges\ncounsel Lawrence E. Walsh North\nNorth for his daily 90-minute pro-\nhave to be dropped because or pre-\nsaid Waish \"is in the second year of\ngram for some time only to be put\ntrial wrangung.\nthe largest investigation in the his-\nof by North and his lawyers.\nTelevision reporters and photog-\ntory of this republic. He has an un-\nNorth and the lawvers had said\nraphers who tried to cover North's\nSimited budget. an enormous starf\nthe give and take (of a live inter-\nremarks were told they cowd listen\nthat includes 28 lawvers with 50\nview) would not be advisable.\" Mad-\na the warmup speakers DUE would\ninvestigators and support person-\ndoux sari. He said they let him tape\nhave to leave after taking suent\nnet They even have three press\nthe 30-minute speech because IT\nshots or North at the poarum. How-\nagents. Along with congressional\nwas prepared. Maddoux played it in\never. his speecn was taped by the\ncommittees. they've spent over $11\nis entirety yesterday on the 240\nUSA Radio Network. a Dallas-based\nmuilion or our taxpayers dollars.\"\nradio stations that subscribe to as\nservice owned by one of the warm-\nNorth reportediv raised about\nprogram. Point of View.\"\n\"no washington Most\n2:5\nthe Washington Times\nThe New YOUR Times\nthe wall Street Journal\nThe Baitimore Sun\nLOS Anneies\n-SA Today\nThe Chicago Tribune\nThe Philageionia inquirer\nDate\n7/14/88\nCERTIFICATE OF SERVICE\nI hereby certify that I have caused a true copy of\nthe attached Government's Memorandum of Points and Authorities\nin Opposition To Defendant North's Motion for a Continuance to\nbe hand delivered to the offices of Williams & Connolly, 839\nSeventeenth Street, N.W., Washington, D.C. 20006, Fulbright &\nJaworski, 1150 Connecticut Ave., N.W., Washington, D.C. 20036,\nJanis, Schuelke & Wechsler, 1728 Massachusetts Ave., N.W.,\nWashington, D.C. 20036, and Sharp, Green & Lankford, 1800\nMassachusetts Ave., N.W., Washington, D.C. 20036, this 25th\nday of July, 1988.\nClifford M. Sloam\nClifford M. Sloan\nAssociate Counsel"
}