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Iran/Arms Transaction: North/Poindexter Classified Discovery Request (5)
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118565656
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Iran/Arms Transaction: North/Poindexter Classified Discovery Request (5)
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Records of the Office of Counsel to the President (Reagan Administration)
Arthur Culvahouse's Office Files
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Ronald Reagan Presidential Library
Digital Library Collections
This is a PDF of a folder from our textual collections.
Collection: Culvahouse, Arthur B.: Files
Folder Title: Iran/Arms Transaction:
North/Poindexter Classified Discovery Request (5)
Box: CFOA 1131
To see more digitized collections visit:
https://reaganlibrary.gov/archives/digital-library
To see all Ronald Reagan Presidential Library inventories visit:
https://reaganlibrary.gov/document-collection
Contact a reference archivist at: [email protected]
Citation Guidelines: https://reaganlibrary.gov/citing
National Archives Catalogue: https://catalog.archives.gov/
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA
)
)
V.
)
Criminal No. 88-0080 --
)
02 - GAG
OLIVER L. NORTH,
)
)
Defendant.
)
)
GOVERNMENT'S MEMORANDUM OF POINTS AND AUTHORITIES IN
OPPOSITION TO DEFENDANT NORTH'S MOTION FOR A CONTINUANCE
The only serious impediments to a September 20 trial
on all counts are the CIPA problems scheduled for discussion in
August and the Court's July 8 Order for extensive additional
discovery. The problems presented by that Order are discussed
in the Government's memorandum in support of its cross-motion
for modification. This memorandum responds to the points
raised in the defendant's motion for a continuance.
Having failed in several attempts to avoid completely
the trial of this case, while proclaiming his innocence in
speeches, the defendant Oliver L. North is now grasping at the
criminal defendant's maneuver of last resort -- delay. Rather
than promptly submitting the charges against him to a fair and
impartial jury of his peers, North seeks a six-month delay of
the September 20 trial. The Government, on the other hand,
seeks a resolution of the defendant North's guilt or innocence,
one way or the other, on the reasonable schedule set by the
Court.
007606
September 20 is almost two years after public
disclosure of the events at issue, more than six months after
indictment, and more than two months later than the trial date
projected by the Court shortly after arraignment. See Tr. of
4/12/88 at 119. Far from offering persuasive reasons for
derailing the Court's carefully considered schedule, the
defendant advances only the claims (1) that he cannot be ready
for trial six months after indictment; (2) that external
political events should govern the schedule of a criminal case;
and (3) that defense counsel need a vacation. Not only are
these contentions unconvincing, the defendant presents a
distorted picture of the status of the case.
The Government submits for the reasons set forth
below that there is no valid reason to delay the trial beyond
September 20. This case will be ready for trial on that date.
At the very least, as the Court has recognized, a trial of the
falsification, obstruction and enrichment counts, the simple,
straightforward counts in the indictment, can and should go
forward. 1/ While Counts One through Three pose additional
hurdles, the Government contends that they too can be ready.
I. The Defendant North Does Not Need Additional Time to
Prepare For Trial
The defendant North's repeated claims that he cannot
be ready for trial on September 20 rest on two fundamental
1/ While the Court's Order of July 8 did not refer to the tax
fraud count, the Government knows of no reason to treat it
differently than those counts the Court believes can proceed.
-2-
fallacies: (1) that the defense is somehow unfairly prejudiced
because the Independent Counsel had fifteen months to
investigate this case prior to indictment while the defense has
only been able to prepare since the charges were filed; and (2)
that the defense has not had sufficient time since the
indictment to prepare for trial. Neither contention is
supported by the facts.
A.
In the Sixteen Months Between Public Disclosure
of the Diversion and Indictment of the Defendant,
the Defense Had Unprecedented Notice and Discovery
of the Facts at Issue
The defendant argues that a six-month adjournment of
the trial is required, in part, because the Independent Counsel
had the advantage of a fifteen-month investigation prior to
indictment while North has only been able to prepare since the
charges were filed. See Def. Mem. at 1 n.1, 5, 9 n.9. First
of all, it would be an extraordinary departure from the norms
of discovery in criminal cases to enact a rule that the time
between indictment and trial must match or approach the length
of the Government's investigation. That absurd proposition
fails to recognize that criminal investigations are often much
broader in scope, as to possible violations of law and as to
defendants, than the charges ultimately brought. Such was
clearly the case here where the Independent Counsel, pursuant
to the broad mandate of the Court of Appeals, conducted a wide-
-3-
ranging investigation of individuals other than North and
charges other than those in the indictment. 2/
Moreover, in this case, North and his counsel have
had an unusual opportunity to prepare for possible charges
throughout the period of the Independent Counsel's
investigation. From the day the Attorney General announced the
diversion of funds from the sale of United States Government
arms to Iran on November 25, 1986, to the date of the
indictment on March 16, 1988, the defendant enjoyed a unique
wealth of discovery about the matters at issue in the sixteen
counts on which he was indicted ultimately.
Counsel for North were retained almost immediately
after his dismissal from the NSC staff and have had access to
their client and to NSC documents apparently removed from
North's office. 3/ From early on, the defendant had the
benefit of extensive public investigations concerning the
2/ As North is aware, the Independent Counsel obtained guilty
pleas from three other individuals (Robert C. McFarlane, Carl
R. Channell and Richard R. Miller) and indictments against four
others (Poindexter, Secord, Hakim and Joseph F. Fernandez).
There were subjects, of course, against whom charges have not
been brought, and the grand jury's life was extended recently
by six months to continue its work.
3/ On December 2, 1986, Brendan V. Sullivan, Jr., Esq.,
acting on behalf of the defendant, returned to a representative
of the NSC various NSC documents totalling 168 pages that are
central to the charges in this case. See Exhibit A. In
addition, the Government has reason to believe through witness
interviews that the defendant North, as a regular routine, took
detailed notes relating to his activities in spiral reporter's
notebooks that are in the possession of the defense. Those
notebooks, which have-been unavailable to the Government, are
undoubtedly a rich source of information concerning this case.
-4-
activities at the heart of this case. The Senate Select
Committee on Intelligence issued a 65-page report on January
29, 1987. The President's Special Review Board, also known as
the Tower Commission, issued a report totalling more than 250
pages on February 26, 1987. Most strikingly, defense counsel
had access to the Iran-Contra congressional hearings. Defense
counsel were able to scrutinize the testimony of dozens of
public witnesses, many of whom are on the Government's witness
list, and thousands of accompanying exhibits. By November
1987, Congress had made public a 690-page congressional report
and the testimony and exhibits ultimately collected in eleven
volumes of published hearings had long been in the public
domain. Subsequently, but still before the indictment, the
defendant was able to review the publicly-released twenty-seven
volumes of congressional depositions, two volumes of source
documents, and detailed chronology. 4/
There can be little doubt that as these vast
materials became available, North and his lawyers thoroughly
digested them. Through them, North has been able to take
advantage of the work product of the staffs of the
congressional committees and the Tower Commission. Surely, in
advance of his six full days of congressional testimony, the
defendant North was prepared extensively concerning the facts
4/ Many of these materials have been unavailable to the
Government due to this Office's procedures to avoid exposure to
the immunized testimony of the defendant.
-5-
of this case by experienced and able counsel. Even after his
testimony was completed, North and his counsel apparently met
regularly to prepare for a possible indictment. (A friend of
the defendant's, Andy Messing, was quoted in The New York Times
on August 21, 1987, fully seven months prior to indictment, to
the effect that North routinely worked at Marine Headquarters
from 6 a.m. until noon and then spent the afternoon meeting
with his lawyers preparing his defense against a possible
indictment. See Exhibit B.)
In short, in the sixteen months between public
disclosure and indictment, defense counsel enjoyed not only the
considerable resources of their client, his knowledge, and his
documents and notebooks, but also the results of repeated
public inquiry and lengthy reports about the events at issue.
The notion that North and his counsel came to the March 24
arraignment ignorant of what this case is about is simply
preposterous.
B.
In the Six Months Between Indictment and Trial,
the Defendant Will Have Had Ample Opportunity
to Prepare for Trial
The defendant's major complaint is that he has too
many documents to read between now and the scheduled trial
date. It is the defendant, however, who has adamantly refused
to narrow his discovery requests. Having demanded that the
floodgates be opened and that he receive torrents of irrelevant
5/ The defendant acknowledges that in advance of his testimony
he was afforded the opportunity to review a six-foot high stack
of documents. See Def. Mem. at 12 n.10.
-6-
material requiring cursory review at best, the defendant cannot
now be heard to complain that he is drowning. 6/
In the first instance, the defendant grossly
exaggerates the number of pages of documents in his possession.
The Government's records indicate that he has received
approximately 650,000 pages rather than the one million-page
figure he repeatedly invokes; over half of those documents were
in North's possession before the end of May. According to the
Government's records, between March 29 and May 2, North
received approximately 270,000 pages; between May 3 and May 28,
he received an additional 80,000 pages; by June 21 he had
received an additional 11,000 pages; and by July 1 he had
received 290,000 more pages. I/
6/ The defendant's assertion that the Government concedes that
all of the materials produced are relevant is dead wrong. From
the beginning, the Government has identified 50,000 "core"
documents as most likely to contain relevant material. They
were among the first produced. The Government has repeatedly
insisted that many of the documents collected during its
lengthy wide-ranging investigation are not relevant to the
charges against North. For example, despite his complaints of
inundation, North continues to demand a review of an additional
600,000 CIA documents that after review by the Independent
Counsel, were not found to be relevant.
I/ North carps about the Government's production of discovery
materials. The fact is that the Government's compliance with
the Court's tight production schedules has been Herculean. The
inevitable minor snags have been and will continue to be
corrected. All the complaining in the world cannot belie the
fact that more than two months before trial North had in his
possession a Government witness list, the Government's case in
chief documents, the Government's "core" documents, cooperation
agreements, immunity orders, and the charges to which
cooperating witnesses pleaded guilty, the Israeli historical
and financial chronologies, the Swiss bank records and reams of
other documents, fully inventoried.
-7-
Despite his suggestion that he must indiscriminately
review each and every document down to the last deposit slip on
a tangential bank account, the defendant has the wherewithal to
review the documents in his possession quickly and
intelligently. At a remarkably early date, the defendant was
provided a list of Government witnesses and copies of all
documents the Government will seek to introduce in its case in
chief. Very early, he was given the Swiss bank records, as
well as inventories of virtually all other source documents in
the Independent Counsel's control. In addition, as explained
above, publicly available materials highlight the documents
that the congressional committees and the Tower Commission felt
were of particular importance. These materials provide a
roadmap to the documents and should enable defense counsel,
assisted by their client, to navigate their way through them in
a timely fashion.
The defendant also maintains that there are too many
tapes for him to review before September 20. In the first
instance, only sixteen tapes are included in the Government's
case in chief. In addition, the defendant fails to point out
that of the ninety tapes delivered to the defense SCIF, more
than fifty are of meetings in which North participated and for
many of which he had transcripts before he left office; sixteen
While North constantly complains about the resources of the
Independent Counsel, he offers no explanation for why a firm of
the size and experience of Williams & Connolly cannot provide
the necessary support to get this case to trial. The asserted
limitation to five attorneys is self-imposed.
-8-
are copies of tapes found in North's office; several contain
only brief conversations: and defense counsel have been
provided with transcripts of almost all of the tapes.
Accordingly, there is no reason that counsel, guided by North,
cannot focus quickly on those portions of the tapes that are
relevant. As the defendant North well knows, the vast majority
of the tape-recorded meetings dwelt on matters such as the
strategic relationship between the United States and Iran and
logistical details that are not in dispute.
The defendant next claims that he needs more time to
interview "hundreds" of witnesses, including witnesses located
in "10-20" foreign countries. See Def. Mem. at 15-16. In view
of the fact that the defendant has had a list of Government
witnesses since April 22, and that almost two years have passed
since the public disclosure of many of the key matters that
form the basis of the charges, this is a curious admission
indeed. In any criminal case, the defendant and counsel must
set priorities. In this case, if North and his lawyers choose
to inflexibly limit their number, and to spend their time
reading irrelevant documents and papering this Court and the
Court of Appeals with motions to reconsider, interlocutory
appeals, and mandamus petitions rather than interviewing
witnesses, they must live with those decisions rather than
upset a reasonable trial schedule. 9/
9/ Similarly, if the defendant genuinely believes he needs to
conduct foreign depositions and serve letters rogatory and
(continued
)
-9-
C.
There Is No Need For a Protracted Schedule To Permit
The Resolution of Pretrial Motions
The defendant North claims that his remaining
pretrial legal motions are so "extensive and complex," Def.
Mem. at 10, that they necessitate more than a three and a half-
month briefing schedule. This claim is a good example of the
defendant's resort to hyperbole; it should be rejected.
In his motion for a continuance, the defendant North
"give[s] the Court a preview," Def. Mem. at 10, of some of the
motions that he intends to make before trial. Rather than
suggesting the appropriateness of delay, this "preview"
highlights the fact that the continuance motion is offered, not
in the interests of securing a just trial, but simply as a
stalling tactic. The motions previewed are based on the face
of the indictment, and the defendant has already had over four
months to prepare them. Instead of being complex, they are
generally insubstantial or based on positions contrary to well-
settled law.
The defendant North begins his argument for an
extended briefing schedule with a reference to what he
apparently believes is his most compelling pretrial motion:
"that certain counts must be dismissed because the Boland
9/ (...continued)
trial subpoenas duces tecum, see Def. Mem. at 15-16, one can
only wonder why he has waited until four months after
indictment to pursue that intention. This failure is
particularly mystifying in light of the information available
to North prior to indictment as described above.
-10-
Amendment does not apply to the NSC and/or represents an
impermissible intrusion by Congress into the President's
control over foreign policy." Def. Mem. at 10. He adds, "This
is a major constitutional issue that has been hotly debated for
years." Id. at 10. The controversy as to the applicability
and validity of the Boland Amendment has long been the subject
of discussions among members of Congress, officers of the
Administration, and the press. It cannot be that it was not
carefully explored before North gave his testimony. Further,
the indictment does not charge that the defendant North
violated the Boland Amendment. Rather, the indictment charges
that, irrespective of the applicability of the Boland
Amendment, the defendant North and others defrauded the United
States, "by deceitfully and without authorization organizing,
directing and concealing a program to continue the funding of
and logistical and other support for military and paramilitary
operations in Nicaragua by the Contras." Count One, paragraph
13 (a) (1). Thus, even if it were correct that the Boland
Amendment did not apply to the NSC or that it was an
impermissible intrusion by Congress into foreign policy, this
would not warrant dismissal of the count.
The defendant North also forecasts that he will argue
that Count One improperly charges multiple conspiracies, that
certain counts are impermissibly vague, that certain counts are
duplicitous, that he is entitled to a bill of particulars, that
he lacked fair notice that his acts were criminal, that 18
-11-
justice. Count Twenty-Two relates to the personal conversion
of particular traveler's checks received for other specified
purposes, and Count Twenty-Three relates to allegations of tax
fraud.
Well before the indictment, North was in a position
to familiarize himself with the substance of these charges.
Indeed, the Tower Commission Report emphasizes the three 1985
letters to Congress that are the subject of Counts Four through
Seven (Tower Report, C-6), and the 1986 statements to Congress
that are the subject of Count Nine (id., C-10) ; it similarly
stresses the possibility of obstruction by the NSC staff in
November 1986 (id., D-1). The congressional hearings, of
course, focused as well on these subjects (see Robert McFarlane
testimony, 5/11-5/14/87) The hearings also dealt at length
with the subject of the defendant's participation in the
shredding and alteration of documents (see Fawn Hall testimony,
6/9/87) ; the defendant's receipt of a gratuity (see Glenn
Robinette testimony, 6/23/87) ; and the defendant's receipt and
use of traveler's checks (see Adolfo Calero testimony, 5/20/87;
Robert Owen testimony, 5/19/87) In addition, two of the
defendant's co-conspirators on the tax fraud count (Channell
and Miller) pleaded guilty to similar charges in open court
more than one year ago -- on April 30 and May 6, 1987. Thus,
the defendant North, unlike the typical criminal defendant who
may not even know prior to indictment that he is under
investigation let alone what the possible charges are, has
-13-
U.S.C. § 1001 was not intended to apply to the false statements
that are charged, that the Independent Counsel failed to follow
Department of Justice guidelines, and "that a series of legal
conclusions and other improper material must be stricken from
the indictment." Def. Mem. at 11. None of these issues is
novel or either legally or factually complex. All are garden
variety defense motions; a three-week briefing schedule will
more than adequately accommodate the interests of justice and
the need for fair treatment of the issues.
D.
The Falsification, Obstruction, Enrichment, and Tax
Fraud Counts Should Be Tried on September 20
The defendant's argument that a six-month adjournment
is necessary is particularly hollow when considered with
respect to the charges relating to false statements and
obstruction (Counts Four through Seven, Nine, Thirteen through
Sixteen, and Twenty-One), personal enrichment (Counts Twenty
and Twenty-Two), and tax fraud (Count Twenty-Three).
Far from involving novel legal theories, these counts
involve routine criminal allegations. Counts Four through
Seven cite specific written statements in three letters in
September and October 1985. Count Nine involves specific oral
statements in August 1986. Counts Thirteen through Sixteen
similarly involve a series of discrete acts in November 1986 to
obstruct investigations, including lying, shredding documents,
and preparing false and misleading documents. Counts Twenty
and Twenty-One involve- the receipt of a gratuity (a security
system worth more than $13,000) and a related obstruction of
-12-
obtained a detailed preview of the Government's case and the
testimony of its witnesses.
Because of the relative simplicity of the charges and
the defendant's advance access to much of the proof, North
certainly should be able to focus his review of discovery
materials in order to prepare for a trial on these counts. For
example, the scope of relevant proof on the false statement
counts will be circumscribed. See United States V. Krogh, 366
F. Supp. 1255, 1256-1257 (D.D.C. 1973) (Gesell, J.) ( ("
instructions given the defendant in the guise of national
security can [not] make an otherwise false statement given under
oath without compulsion legal. Motive is simply not an
issue. ")
As the Court indicated in its July 8 Order, the
additional discovery sought by the defendant does not relate to
his defense to counts other than Counts One through Three.
Therefore, as the Court determined on the basis of the
defendant's ex parte proffer, "at a minimum, substantive
charges of cover-up, falsification and North's alleged receipt
of personal benefit derived from his conduct as a government
employee can proceed to trial" on September 20. Order at 7-8.
Finally, it will not take long to dispense with the
pretrial motions that the defendant intends to file with
respect to these counts. of the specific motions raised by the
defense, Def. Mem. at 10-11, only two relate specifically to
these charges. Defense counsel apparently rely on an Assistant
-14-
Attorney General's comment about Count Twenty-Three as a basis
for dismissal and also suggest that they will challenge the
applicability of 18 U.S.C. § 1001, which is the subject of
Counts Five through Seven and Fifteen. Both motions raise
uncomplicated legal issues that can be addressed with dispatch.
E.
Counts One Through Three Will Be Ready For Trial On
September 20 If The Court Modifies Its July 8 Order
On July 8, the Court, on the basis of the defendant's
ex parte representations as to materiality, ordered additional
discovery and suggested that developments with respect to that
discovery could affect the timing of a trial on Counts One
through Three. While it is now clear that the intelligence
community will not be able to comply with the Court's present
schedule, the Independent Counsel submits that a modification
of the Court's Order, which would narrow the scope of document
production while protecting the legitimate needs of North,
would permit a trial of Counts One through Three on September
20.
As an initial matter, in the absence of additional
discovery, North and his counsel are well situated to prepare
for a speedy trial of Counts One through Three, which charge a
conspiracy to defraud the United States, theft of government
property, and wire fraud. The central elements of these counts
are North's diversion of government property, his illegal
conduct in support of military and paramilitary activities in
Nicaragua, and his use- of a network of foreign bank accounts
and corporations to accomplish and conceal these ends. These
-15-
elements will have been the subject of intense public scrutiny
for almost two years when the trial starts on September 20.
Indeed, since the Independent Counsel's appointment on December
19, 1986, North and his attorneys have known that his
activities regarding the diversion and assistance to the
Contras were principal areas of the Independent Counsel's
jurisdiction and investigation. Furthermore, the indictment
sets forth in unusual detail the basis for the first three
charges. Fully thirty-eight pages, including thirty-seven
paragraphs relating to means, and seventy overt acts, are
detailed as part of the Count One conspiracy. Many of these
paragraphs are realleged as part of Counts Two and Three.
Rarely has an indictment set forth the charges at issue with
greater specificity.
The primary obstacle to a September 20 trial with
respect to Counts One through Three is a problem created
largely by the defendant's unwillingness to share with the
Government his proffer as to the materiality of the additional
discovery he has sought. North has requested, and the Court
has ordered, the Government to produce by August 1, thousands
of pages of classified documents among which the defendant
apparently hopes to find one or more which are material to the
preparation of the defendant's defense on Counts One through
Three. The Court ordered the additional discovery after
hearing the defendant's ex parte presentation on July 6, 1988.
The defendant apparently reargued his motion for extremely
-16-
broad discovery during the ex parte meeting with the Court
which had been planned primarily as a meeting to consider CIPA
problems of redaction and to narrow the defendant's sweeping
discovery request. Consequently, the Court has been left with
the unchallenged assertions of a defendant as to his need for
discovery without his demonstrating the materiality of an
enormous and time-consuming burden upon the government
agencies.
As the Independent Counsel advised the Court by
letter dated July 20, 1988, and as explained in the Letter of
Russell J. Bruemmer, Esq., which is attached as Exhibit C, the
Independent Counsel has been informed by William H. Webster,
the Director of Central Intelligence, and others that the
intelligence community cannot produce the documents called for
by the Court's Order in their entirety in accordance with the
mandated schedule. Although the Independent Counsel is
prepared to proceed as expeditiously as possible to secure this
additional classified material, it is apparent that the
intelligence community finds that it will be unable to meet the
Court's deadline. Without a more specific statement about the
need for the documents or the particular documents desired, the
Independent Counsel is unable to address the intelligence
community's general statement that it is unable to comply.
The September 20 trial date can be preserved as to
the entire indictment if the Court were to adopt an
alternative, but less time-consuming, means of protecting the
-17-
defendant North's interest in securing evidence relevant to his
defense. The Court found in its Order of July 8, 1988 that the
discovery information sought by the defense "may serve to
corroborate testimony of defense witnesses, including North
himself, if he takes the stand. They may also support defense
challenges to the credibility of certain known prosecution
witnesses
"
Order at 5 (emphasis added) The
Government would be in a position to assist the Court in
assessing the defendant's request if the defense were required
to make a showing of (1) what information North expects to find
in the additional discovery, and (2) how that information might
be relevant to his defense.
For example, the Independent
Counsel is prepared to make a showing now that the various
covert actions identified in the defendant's request furnish no
precedent for the proposition that a government official can
deceptively generate and retain control over profits obtained
in the course of a covert action. These other covert actions
therefore seem irrelevant to the charges in Counts One through
Three. 10/
Even if some of the information requested were truly
relevant, various procedures are available to provide it to the
defendant far more expeditiously than by those currently
required by the Court's Order. The information sought by the
defense would be unnecessary if the Government were to
10/ For instance, those best informed are not aware of any
analogue for the diversion charge in the indictment.
-18-
stipulate to the facts that the defense believes to be
contained in the discovery material, so as to obviate the
defendant's need to establish those particular facts. For
example, the extent of the surveillance of various activities
can be dealt with by stipulation. Alternatively, it is
possible that the Government could sever or narrow counts of
the indictment. These are options within the contemplation of
CIPA, e.g., Sections 6 (c) & (e), in cases where the defense
seeks to make use of relevant classified information at trial.
See e.g., United States V. Smith, 780 F.2d 1102, 1103 (4th Cir.
1985) See also United States V. Edwards, 631 F.2d 1049, 1051
(2d Cir. 1980) (it is proper to exclude evidence offered by the
defendant to establish facts that are conceded by the
Government). Moreover, CIPA contemplates that, as the
proponent of classified information which it seeks to offer
into evidence, the defense would ordinarily have to establish
the relevance of that information prior to trial. See, e.g.,
United States V. Zettl, 835 F.2d 1059 (4th Cir. 1987) ; United
States V. Collins, 720 F.2d 1195, 1200 (11th Cir. 1983) ; United
States V. Wilson, 586 F. Supp. 1011 (S.D.N.Y. 1983) ; cf.
United States V. Pugliese, 712 F.2d 1574, 1580 (2d Cir. 1983)
("Unless the basis for proposed admission [of evidence] is
obvious, it is the burden of counsel who seeks admission to
alert the court to the legal basis for his proffer") ; Post V.
United States, 407 F.2d 319 (D.C. Cir. 1968), cert. denied, 393
U.S. 1092 (1969)
-19-
The most extensive view of a defendant's right to
withhold disclosure of his position does not entitle him to
withhold proof of materiality as to documents sought by
discovery. See Brooks V. Tennessee, 406 U.S. 605 (1972). No
case has held that any litigant can force his adversary to
engage in costly and wasteful discovery without some showing
that the discovery has an objective which is material. We
suggest that, rather than protracting the discovery process in
a manner that may ultimately prove unnecessary, the defendant,
as a basis for discovery (not only as a basis for CIPA
admissibility determinations), be required now to make known to
the Government its particularized offers of proof and that the
Government have the opportunity now to accommodate the
defendant's legitimate interests either by entering into
stipulations or by moving to sever or narrow counts of the
indictment. 11/
In addition, if the Court's Order of July 8 were
modified to permit sequential delivery of certain materials,
the Independent Counsel could obtain and deliver a substantial
11/ For example, it is entirely unclear to the Government, in
the absence of access to the ex parte proffer, why Counts Two
and Three, relating solely to the diversion, might not end up
being treated differently than Count One, which is broader in
scope. It is also likely that even if the conspiracy to
accomplish the objects set forth in paragraphs 13 (a) (1), (2), or
(3) of Count One of the indictment were held hostage to the
discovery ordered by the Court on July 8, the conspiracy to
violate the substantive statutes relating to obstruction and
false statements alleged in paragraph 13 (b) of Count One could
go forward.
-20-
portion of the documents by August 20, one month prior to
trial. Producing materials in this fashion would be highly
efficient, for it could require the defendant North to offer
whatever explanation he may have for the relevance of these
documents before the Government was forced to complete the
process of classified document production. Sequential
production would also permit the Court to "examine[] a
representative sample of such documents
"
United States
V. Felt, 491 F. Supp. 179, 186 (D.D.C. 1979).
Accordingly, an appropriate modification of the
Court's Order of July 8 would permit Counts One through Three
to proceed to trial on September 20.
II. External Political Events Should Not Govern the Schedule
of a Criminal Case
The defendant North argues that conducting his trial
"at the height of the Presidential election" will deny him his
"right to a fair and impartial trial." Def. Mem. at 18-19.
Specifically, he argues that "[t]he impact of media attention
on the trial" will have some unspecified, but presumably
prejudicial, impact on the jury, id. at 19, that can only be
avoided by delaying the trial until after the elections. This
argument should be rejected.
The Court addressed the defendant's concern about
publicity when it denied his motion for a change of venue. The
Court's observations at that time are equally applicable in
this context. To begin with, as the Court then observed, any
-21-
claim that a continuance is needed to avoid the risk of
prejudicial publicity should await the selection of a jury:
Thus, the only remaining issue is continuance on
the theory that continuance will minimize exposure to
publicity, publicity which itself may not have had
anywhere near the impact suggested by the defense.
This question of continuance must await jury
selection during which prospective jurors exposed to
publicity can be fully examined and the issue fully
explored to determine whether or not it has created
bias in any form.
Experience here again in this city with high
profile cases engendering publicity such as
Watergate, the prosecution of officials of the
current administration and in other situations
strongly suggest that a completely impartial jury can
be seated.
If this case is viewed as a political scandal,
as one of defense counsel suggested, such scandals
have been everyday fare in this city for scores of
years. And while some of the public becomes
thoroughly engrossed in such a story many do not.
They have other more pressing immediate concerns.
Rent, jobs, and a myriad of other things. Any
further consideration of publicity must await the
jury's selection.
Tr. of 6/8/88 at 72. There is every reason to believe that the
parties at trial will be able to select a fair and impartial
jury, and that the jury will be able to follow the trial
court's instruction not to read, watch, or listen to news
accounts of this trial until it is over.
It is well-settled that a defendant can be afforded a
fair trial notwithstanding the publicity surrounding his trial.
The courts have repeatedly acknowledged that sensational
publicity, often of a hostile nature, is certain to develop
around criminal investigations and proceedings affecting
prominent or notorious persons. United States V. Myers, 510 F.
-22-
Supp. 323, 326 (E.D.N.Y. 1980). See also United States V.
Nunan, 236 F.2d 576, 593 (2d Cir. 1956), cert. denied, 353 U.S.
912 (1957) ; Silverthorne V. United States, 400 F.2d 627, 631
(9th Cir. 1968), cert. denied, 400 U.S. 1022 (1971). There are
legions of highly-publicized cases, in addition to those cited
above, in which fair trials were conducted. 12/
As this Court has noted, "trial judges in this
jurisdiction have had extended experience with highly
publicized cases," Tr. of 6/8/88 at 68, and the Court's
experience will enable it to take steps "to minimize the
effects of publicity." Id. at 69. To ensure fair trials in
the Watergate cases, this Court and others in this District
12/ See, e.q., Hoffa V. United States, 385 U.S. 293 (1966) ;
Buchalter V. New York, 319 U.S. 427 (1943) (Murder, Inc.
Louis "Lepke" Buchalter) ; United States V. Ferguson, 758 F.2d
843 (2d Cir. 1985), cert. denied, 474 U.S. 84 (1986) (trial of
radicals involved in "Brinks" robbery) ; United States V.
Blanton, 719 F.2d 815 (6th Cir. 1983) cert. denied, 465 U.S.
1099 (1984) (Governor of Tennessee) ; United States V.
MacDonald, 688 F.2d 224 (4th Cir. 1982), cert. denied, 459 U.S.
1103 (1983) (highly publicized murder of wife and children) ;
United States V. Barnes, 604 F.2d 121 (2d Cir. 1979), cert.
denied, 446 U.S. 907 (1980), (highly-publicized narcotics
case) ; United States V. Haldeman, 559 F.2d 31 (D.C. Cir. 1976),
cert. denied sub nom, Ehrlichman V. United States, 431 U.S. 933
(1977) (Watergate prosecution) ; United States V. Ehrlichman,
546 F.2d 910 (D.C. Cir. 1976), cert. denied, 429 U.S. 1120
(1977) ("plumbers" break-in case) ; United States V. Liddy, 509
F.2d 428 (D.C. Cir. 1974) cert. denied, 420 US. 911 (1975)
(Watergate burglary) ; Calley V. Callaway, 519 F.2d 184 (5th
Cir. 1975), cert. denied, 425 U.S. 911 (1976) (My Lai
massacre) ; United States V. Bufalino, 285 F.2d 408 (2d Cir.
1960) ("Appalachin" meeting case) ; United States V. Costello,
255 F.2d 876 (2d cir.), cert. denied, 357 US. 937 (1958) ;
Capone V. United States, 56 F.2d 927 (7th cir.), cert. denied,
286 U.S. 553 (1932) ; People V. Luciano, 277 N.Y. 348, cert.
denied, 305 U.S. 620 (1938) ; People V. Manson, 61 Cal. App. 3d
102 (1976), cert. denied, 430 U.S. 986 (1977).
-23-
adopted such measures as instructing members of the venire not
to read about or discuss the case; engaging in extensive voir
dire; and enjoining the "'staff of the Watergate Special
Prosecutor, defendants, their attorneys and witnesses from
making extrajudicial statements concerning any aspects of [the]
case that are likely to interfere with the rights of the
accused or the public to a fair trial by an impartial jury. "
United States V. Haldeman, 559 F.2d 31, 63 n.39 (D.C. Cir.
1976) (quoting the Haldeman Court's order), cert. denied sub
nom, Ehrlichman V. United States, 431 U.S. 933 (1977). 13/
There is every reason to believe that, by appropriately
instructing the jury, this Court will be able to avoid any
prejudice that might be caused by the media attention paid to
this trial.
The defendant's argument is based entirely on
speculation. It is beyond question that this case will be the
subject of media attention, no matter when it commences, "at
least until the activities of the primary participants ha(ve]
been fully explored at a public trial.' United States V.
Haldeman, 559 F.2d at 64, n.42. As the Court previously noted,
"much of [the publicity] has been favorable to the defendants
who were supported by influential leaders of this country."
Tr. of 6/8/88 at 69. There is no reason to expect that the
favorable publicity will abate during trial. There is also no
13/ The Independent Counsel has no objection to the immediate
entry of a similar order in this case.
-24-
reason to expect substantially more media attention before the
election than afterwards. Certainly, the examples cited by the
defendant in his motion do not support the radical measure of a
six-month adjournment. To grant the defendant's motion on
these grounds "would require a flight of speculation
inappropriate for any court to take." United States V.
Mitchell, 397 F.Supp 166, 180 (D.D.C. 1974), aff'd United
States V. Haldeman, 559 F.2d 31 (D.C. Cir. 1976), cert. denied,
431 U.S. 933 (1977)
Finally, to the extent that North's trial may become
a political issue in the upcoming elections, North bears at
least a substantial measure of responsibility, and therefore
has little credibility in complaining. Throughout the pretrial
proceedings, North has made many speeches and statements, often
at political events, in which he has claimed that the charges
should be evaluated in a political context. Attached as
Exhibit D is a collection of a representative sample of press
clippings for which North is responsible. 14/ For example, on
the day of his indictment, North called a press conference to
declare:
"Unfortunately, I have now been caught in a
bitter dispute between the Congress and the
President over the control of foreign
policy, the power of the President to deter
communism in Central America and the
President's duty to protect our citizens
against terrorist acts abroad. It is a
14/ The clippings have been redacted in some cases to avoid
exposing members of the Office of Independent Counsel to
references to the defendant's immunized testimony.
-25-
shame that the new battleground for such a
fight will be a courtroom."
North's public comments will apparently continue
along these lines despite the fact that jury notices have been
issued. As this Court stated, trial courts generally should
not "allow the press to control the course of criminal
proceedings." Tr. of 6/8/88 at 69. This trial in particular
should not be held hostage to a media which the defendant
himself has strenuously sought to inflame. To give in to the
defendant's demands on this ground would place the court's
imprimatur on North's transparent attempt to transform this
trial from a criminal into a political one.
This case should go to trial when it is ready to go
to trial without regard to speculation about the impact of a
presidential campaign. The Government is confident that
beginning on September 20 the Court will be able to select a
fair and impartial jury that will give North his day in court
on the basis solely of the evidence they hear. 15/
15/ The defendant's request for an adjournment to accommodate
the vacation plans of defense counsel merits little attention.
The Speedy Trial Act permits no exclusion for such purposes.
The interests of justice and the public need for a prompt
resolution of these charges dictate that this case go to trial
without regard to the inevitable personal sacrifices of
counsel, the Court, and witnesses for both sides.
-26-
CONCLUSION
Accordingly, the defendant's motion for a continuance
should be denied.
Respectfully submitted,
LAWRENCE E. WALSH.
Independent Counsel
David M. Zornow
Bruce A. Green
Clifford M. Sloan
Associate Counsel
Office of Independent Counsel
555 Thirteenth Street, N.W.
Suite 701 West
Washington, D.C. 20004
(202) 383-8940
Dated: July 25, 1988
-27-
A
n
Crim. No. 88-0080 - 02 - GAG
Exhibit A
LAW OFFICES
WILLIAMS & CONNOLLY
HILL BUILDING
EDWARD BENNETT WILLIAMS
LEWIS M. FERGUSON II
839 SEVENTEENTH STREET. N W
CAROLYN R WILLIAMS
: ANNE J SHITH
PAUL R CONNOLLY (1922-1978)
ROBERT B BARNETT
= LANE MEARO.II
VICTORIA L. RAOD
ROBERT A SCHULMAN
CAVID C. KENDALL
WASHINGTON, D.C. 20006
STEVEN R KUNEY
CHERRY JOY BEYSSELANCE
VINCERT J FULLER
JOHN J. BUCKLEY. JR
GERSON A ZWEIFACH
BETH J CHANDLER
RAYMOND W BERGAN
TERRENCE O'DONNELL
-
SARAM M DUGGIN
GEORGE ELLARD
STUART C SEIGEL
DOUGLAS R MARVIN
ROBERT $ LITT
CANIEL F KATZ
JEREMIAH C COLLINS
JOHN x VILLA
AREA CODE 202
PAUL MOGIN
EFFERSON M GRAY
ROBERT L WEINBERG
BARRY s SIMON
331-5000
CANIELA WINKLER
EANNE M ROWZEE
DAVID POVICH
KEVIN T BAINE
JEFFREY B KINOLER
MANLEY W ROBERTS
STEVEN M UMIN
STEPHEN L. URBANCZYK
NANCY F PREISS
ELENI M CONSTANTINE
JOHN W VARDAMAN JR
PHILIP J. WARD
STUART L. GASNER
EVEN ERIK HOLMES
PAUL MARTIN WOLFF
ELLEN SEGAL MUVELLE
RICHARD 5 HOFFMAN
NICOLE K. SELIGMAN
, ALAN GALBRAITH
FREDERICK WHITTEN PETERS
STEVEN A STEINBACH
POBERT W HAMILTON
CHARLES M WILSON
PETER J. KAHN
D MICHELE ELLISON
VILLIAM . MURRAY JA
JOHN G KESTER
JUDITH A MILLER
JEFFERY R BERRY
EVA M PETKO
WILLIAM E. MCDANIELS
LON S. BABBY
STEPHEN GLOVER
CYNTHIA C HOGAN
BRENDAN V SULLIVAN JR
SCOTT BLAKE HARRIS
MARY G. CLARK
MARK J. HULKOWER
AUBREY M DANIEL.III
MICHAEL S. SUNDERMEYER
LYNN A. STOUT
MATTHEW o LERNER
RICHARD M COOPER
JAMES T FULLER. III
MARK 5 LEVINSTEIN
STEPHEN o RABER
ROBERT P WATKINS
DAVID D. AUFHAUSER
JEFFERY D UBERSAX
JERRY L SHULMAN
BRUCE R. GENDERSON
LAWRENCE LUCCHINO
December 2, 1986
COUNSEL
LYMAN G. FRIEDMAN
DONALD E. SCHWARTZ
MEMBER PA BAR ONLY
BY HAND
MEMBER MD BAR ONLY
MEMBER CA BAR ONLY
Cdr. Paul B. Thompson, USN
General Counsel
National Security Council
The White House
Washington, D.C. 20506
Dear Commander Thompson:
LtCol North is herewith delivering documents to NSC. In
order to insure that the documents are preserved, the pages have
been number-stamped 1 through 168, inclusive.
Also delivered are the WHCA Motorola PageBoy, the
Motorola hand-held portable telephone, and the NSC Government
Transportation Request (GTR D-7,363,999) issued. to LtCol North.
Would you please arrange for the return of LtCol North's
personal property which is located in his office. He is
particularly interested in the prompt return of his Marine Corps
uniform items, family photos and other personal effects.
Thank you.
Sincerely yours,
Brendan V. Sullivan, Jr.
Attorney for LtCol Oliver L. North
BVS:lng
CC: Ms. Brenda Reger
Security Officer
AKW002065
B
Crim. No. 88-0080 - 02 - GAG
Exhibit B
Briefing
North Keeps 'Busy'
How does Lieut. Col. Oliver L.
North spend his time now that ne IS
not conducting covert activities for
the National Security Council or
estily testifying Before Congres-
sional committees?
"He's working very hard." said F.
Andy Messing Jr., a close friend of
America's best-known marine.
Mr. Messing, who IS executive di-
rector of the National Defense Coun-
C11, a nonprofit research organization
says Colonel North works from 6 in
the morning until noon at the head-
quarters of Marine Planning and
Operations.
In the aiternoon he meets with his
lawyers. They are preparing for his
defense against the possible criminal
indictments being considered by a
special prosecutor. Lawrence E.
Walsh. in an investigation of the Iran-
contra affair. After about 8 at night,
the coione! IS at home with his wife
and family.
"He's too busy even to take a vaca-
non." Mr. Messing said.
Meanwniie, offers of free holidavs
have poured in from "grateful Amer-
icans." Mr. Messing related. "One 01-
fer included a private jet to pick him
up." he said.
All such gifts have been refused. ac-
cording to Mr. Messing. who added
that numerous movie and book offers
have aiso been deferred.
"Ollie has an incredible ability 10
focus." Mr. Messing continued. "and
right now he's focusing on that pit
buildog Walsh."
C
Crim. No. 88-0080 - 02 - GAG
Exhibit C
CENTRAL INTELLIGENCE AGENCY
WASHINGTON D.C. 20505
General Counsel
25 July 1988
The Honorable Lawrence A. Walsh
Independent Counsel
Suite 701 West
555 13th Street, N.W.
Washington, D.C. 20004
Dear Judge Walsh:
As you are aware, the CIA and the other intelligence
agencies affected by Judge Gesell's Order of July 8, 1988, have
assessed both the feasibility of producing the documents by
August 1, and the sensitivity of the information contained in
those documents. This letter is a follow-up to your discussion
with Judge Webster last week.
With regard to the timing of production, the CIA has
concluded that the documents responsive to Items 1, 14, 17, and
19 of Defendants' Supplemental Request have already been
produced to the Office of Independent Counsel. In general, we
presently believe that the documents called for by Items 5, 6,
16, 18, and 20, along with the extracts from the President's
Daily Brief and the CAJIT summaries under the control of the
CIA, can be produced within approximately four weeks. The
documents called for by Items 2-4 and 7-13, however, are
voluminous and not centrally located. We believe it will
require several months to gather and produce these latter
documents. (Item 15 calls for documents that are unknown to
any of the intelligence agency personnel with whom we have
consulted.)
As Judge Webster discussed with you last week, the heads of
the government's intelligence agencies have agreed that, in
addition to the timing problems discussed above, the
sensitivity of certain of the documents called for by the
Court's order will also affect their disclosure. The
intelligence agencies have concluded that the details of the
programs described in Items 2, 3, 4, 8, and 9 cannot be
disclosed publicly, and that the very existence of United
States programs identified by Items 7, 10, 11, 12, 13, and 16
cannot be publicly acknowledged by the United States Government
without adversely impacting on national security. As to the
first group of items, virtually none of the documents could be
used at a public trial, although a general stipulation as to
the programs might be feasible. As to Items 7, 10, 11, 12, 13,
and 16, it is unlikely that even a stipulation could be crafted
that would adequately protect the classified information in
question.
Production of these documents to the defense may also cause
problems. A significant portion of the documents could
probably be produced for inspection by defendant North in his
SCIF, although some can only be made available on an
"access-only" basis. Moreover, some especially sensitive
documents may require that they not be disclosed except to the
Court pursuant to Section 4 of CIPA.
If it would be helpful to Judge Gesell, representatives of
the intelligence agencies are prepared to provide the Court ex
parte with a briefing addressing the sensitivity of the
programs covered by Judge Gesell's order, and to respond to any
questions that the Court may have concerning them.
Sincerely,
Russell J Bruemmer
CC: William J. Landers
D
Crim. No. 88-0080 02 GAG
Exhibit D
SL: NSTATE DU: PHSHEN-WAS SR: HJ: 0457
FM:
FB:
BY: AA0503:03/17. 24:43 CP: PHSHEN:03/17.11:31 FR: NAT-WIR 103.17.11:31
NOTE: SC-NORTHTEXT
R.W.1 - BC-NORTHTEXT, - [
BC-North Text, 4300
Text Of North Statement On Indictment[
with PM-Iran-Contra Bjt
WASHINGTON (AP) - Here 15 the text of a statement read by Lt. Col. Oliver
North at the office of his lawyer, Brendan Sullivan, after a grand jury
indicted North in the Iran-Contra case on Wednesday.
It 13 a sad irony that the decision to indict me snould occur today, a CAV
in which the communists in Nicaragua invaded their democratic neighbor, a day
which :5 the fourth anniversary of the abduction of William Buckley and the
third anniversary of the kidnapping of Terry Anderson, two or tne American
hostages we tried so hard to rescue.
Hopefully, Mr. Anderson 15 still alive and will be freed soon.
The indictment is also sad for our country, for all the men and women who
work to protect it and to make our government work.
It is a particularly painful thing to my wife, Betsy, our four children and
me.
Throughout my service as a Marine officer I have always done my very best.
often working night and day to get the JOB done and to do so honorably.
I am proud of my service to our country and those with whom I have served.
both in the Marine Corps and on the National Security Council.
Unfortunately, I have now been caught in a bitter dispute between the
Congress and the president over the control of foreign policy, the power of the
president to deter communism in Central America and the president's duty to
protect our citizens against terrorist acts (abroad.
It is a shame that the new battleground for such a fight will be a
courtroom.
I did not commit any crime.
I intend to fight allegations of wrongdoing for as long as necessary.
I recognize that opposing a prosecutor with an unlimited budget. a staff =
30 lawyers, 50 investigators, scores of support personnel is a formidable task
for me and my counsel, Brendan Sullivan.
There are enormous costs involved both personal and financial.
The months 'ahead will be difficult and often very lonely.
Nonetheless, I can assure you I will never give up, we will win, I just
cannot tell you how soon.
And finally to the American people who have shown so much love and concern
these past 16 months by their millions of telegrams and letters and prayers anc
support, I want to tell you again how extremely grateful I am for that.
You have helped my family and me find the strength to endure this seemingly
engless ordeal in Washington.
You have shown your appreciation for what we did accomplish and what we
tried = acnieve.
For that I thank you again. God bless you. C
End North Text - : Take
C
AP-NY-03-17-88 0448ESTI
END)
Charges a Badge of Honor.'
North Savs at Libertv U.
strong, right-minded. Gud-tearing
me special Iran-contra prosecutor
By Donaid P. Baker
president cannot alone accomplish
He and three others are charged
-
I
sun
Wnter
us goals.
with establishing a secret operation
"We need a better Congress. he
LYNCHBURG. Va.. Mav 2-01-
outside government channels to
said. standing before a 20-bv-30
iver L. North. wno retired from the
unner Iranian money to the NI-
:00t U.S. flag. "Run for nign office.
caraguan contras.
military Sunday, received a patri-
he told the graduates.
ot's welcome today when ne told
Falweil. wno later presented
The chairman of the Drait North
North with an nonorary doctorate
graduates of Jerry Falweil's Liberty
for Senate Committee. jamev R.
or humanities. said he has secured
University that accusations prought
Wheeler or Arlington. said he inter-
600.000 supporters for his Detition
against him in the iran-contra affair
preted North's remarks as a direct
drive urging President Reagan to
"are not a brand. they are a Dadge
message to encourage us' to con-
ardon North. Faiwell said ne
of honor.'
tioue the drant effort. The commit-
eeking 2 million names.
In a miamorning commencement
:ee said It has raised $4,500 in cam-
paign funds.
At the eage of the crowa on the
ceremony for 900 graduates or the
8.000-student scnool. Falweil intro-
Michael Saister. spokesman for
campus paseball field. representa-
ducea North as "a true American
the Virginia Republican Party, said
lives of People for the American
hero." and said the former marine
the nominating process is open until
Way passed out a news release that
the June 11 nominating convention.
said the group has launched a drive
isn't the first person to be faliety
but added that it is "highly unikely
opposing a pardon.
accused: "We serve a savior who
was indicted and convicted and cru-
that a draft movement will sweep
The issue isn't whether Ollie
North is innocent or guity. It's
cified."
the floor." Two announced candi-
North's address brought the
dates. McLean residents Andrew
whether the president and his start
crowd of about 10,000 to Its feet
Wahlquist and Gil Fauik. have been
are above the law." said American
for several ovations, as he tanned
courting delegates for weeks for
Way President Arthur j. Krapp.
the seat being vacated bv freshman
"Falwell has been spending mil-
the flames of two growing move-
ments: one to seek a presidential
Republican Sen. Paul S. Trible Jr.
nons of dollars to paint Ollie North
as a national hero who needs and
pardon for nim and a second to drait
Wheeler said a North nomination
deserves special treatment before
him for the Republican nomination
vouid set up "a spectacular Senate
for the U.S. Senate from Virginia.
the law.' Krupp's statement said.
race. a minipresidential contest."
North said he had been caught in
But Ollie North's quilt or nnc-
gainst the expected Democratic
the middle of a poutical dispute De-
ence snowa be determined DV i
cominee. tormer governor Charles
ween the White House and Con-
court of law. not DV jerry Faiweil
S. Robb. wno. like North. IS a Ma-
gress." and said he bag been "Vilified"
and his pontical cronies.
rine veteran of Vietnam.
for "trying to help the yourry men of
North got a hero's treatment
The 44-vear-old North. who re-
Nicaragua. trying to rescue Amer-
here. with hundreds of people JOCK-
tired as a lieutenant colonel after 20
can nostages and prevent terror-
years in the Marine Coros. was
sm."
The lesson of the last eight
charged in indictments sought by
years. North said. is that "even 3
El
The Washington MOST
The Washington Times
The New York Times
The Wall Street Journal
The Baitimore Sun
The LOS Anceres
USA Today
The Chicago Thoune
The Philadelonia incurer
Date
5/3/88
Page
--
eying for a chance to snap nis DIC-
ture and cauing out "Ollie. we love
you."
They don't understand." a grad-
uate's parent. Eddie Conner of
Chambersourg, Pa.. said of North's
critics. "He is a national hero.'
New religion graduate Mike
Goode of Landover. president of the
campus Black Student Fellowsnip.
said he nas "mixed feelings about
North. because "the end doesn't
justify the means." But he said he
was happy that Liberty "got a great
speaker and IS in the limenght."
Daryl Smalls. a freshman from
Brooklyn. N.Y., expressed a dis-
senting opinion. but only because
"they made us stay on campus" dur-
ing what otherwise would have
been a break from final exams.
He told the graduates
that among the jobs they might
seek. "a few. and I hope only a few
of you. mav become special pros-
ecutors. My case may be still
around." he added.
In some countries. ne said. "peo-
pie under investigation get in a car
and simply disappear. That doesn t
happen here. and thank God for it."
North was not available to talk
with reporters after the speecn.
The Washington POST
31
The Washington Times
The New York Times
The Wall Street Journal
The Baitimore Sun
The LOS Anceres Times
USA Today
The Chicago Tribune
The Philadelonia inquirer
Date
5/3/88
Page
of
North Says Criminal Charges
Against Him Are 'an Honor
LYNCHBURG Va., Mav 2 (AP) -
Earlier. a spokesman for Mr. Faiwell
Oliver North told graduates todav at
said the evangelist probably would
the university rounded by the Rev.
back the former Marine for public 01.
Jerry Falweil that ne IS proud of the
lice.
criminal charges against nim.
'He said last night to a reporter ne
Those accusations are not a brand
would probably support nim for any
- they are an nonor. Mr. North told a
state office." Mark DeMoss. ne
cheering crowa eathered for his com-
spokesman. told reporters.
mencement speech at Liberty Univer-
Senate Bid Is Urgea
sity here.
God willing. with your Dravers and
Members or a group trving to grait
Mr. North for a Senate campaign from
support. we will Drevail. even in Wash-
Virginia were among the thousands
ngton. he said. a cav after his retire.
wno snowed uD at Liberty University to
ment as a Marine Corps lieutenant
colonel.
watch Mr. North make his first DUDIIC
Mr. North lashed out at Congress-
statements since his indictment.
The chairman of the Draft North for
men and a special prosecutor wno have
charged him with diverting money
U.S. Senate Committee. Jamev R.
(rom arms sales to Iran to rebeis seek-
Wheeler. declined to say whether Mr.
ng to overthrow Nicaragua's Marxist
North supports the effort.
Government.
He hasn't been telling us to stop.
We must not just choose the right
and that's an encouraging sign" Mr.
President" in 1988. Mr. North said in
Wheeler said
his commencement speech. "We need
About 60 people from four area peace
a better Congress."
activist groups. carrying signs' that
read "Ollie Not for President" and
Honorary Doctorate Planned
demon-
In introducing Mr. North. Mr. Fal-
strated in downtown Lynchburg
well. a Baptist preacher. compared the
against Mr. North's appearance.
former National Security Council aide
Attorney General Edwin Meese Jd
to Jesus.
delivered the commencement address
We serve a savior who was indicted
at Liberty last year.
and convicted and crucified." Mr. Fai-
well told some 900 graquating students
It the camous of nearly 8.000 that IS
part of his rengious empire in this cen-
trai Virginia CITV. Mr. Falweil Dians to
present Mr. North with an honorary
doctorate in the numanities.
Mr. North IS under indictment on
charges ne conspired to defraud the
Government by illegaily diverting
profits from the Iranian arms deals to
the Nicaraguan contras.
Mr. Falwell started a national Deti-
tion drive this soring seeking a pardon
for Mr. North.
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Privadeionia inquirer
Date
5/3/88
P308
7
...NCHBURG. Ta. - Oliver
Badge of honor'
rtn went DUOIIC for the first time
sterdav. on his first dav as an ex-
arine. 10 tell a cneering com-
encement-dav crowd that he
claimed by North
ears the iran-Contra accusations
zainst him as "a badge or honor.
or turning its back on communist
aught in the middle or 1 bitter DO:
With a nuge American rlag as nis
agression in Nicaragua and urged
tical dispute between the Congress
ackarop. the newiv retired Marine
ne graduating students to work for
and the president over the control or
a 56-minute commencement ad-
: better Congress.'
foreign policy. the power or the pres-
ress at the Rev. Jerry Falweil's L.
An estimated 13.000 people were
dent to deter communism in Central
erty reversity voiced support tor
a nand for the speecn. manv or
America. or the president's respon-
1 oroad range or conservative ideals
nem crowding the surrounding nill-
bilities to protect American c:n-
- rom the anti-missue Strategic
des after the seats in the basebali
ens from terrorist attacks aoroad.
Defense initiative to the essential
eld where the stage was situated
COL North told the crowd. many or
one or family values and religion in
ere filled. In anticipation or the
vnom wore North buttons and fre-
merican life.
crowd. the university nad shipped in
quentiv broke into chants or "Ollie!
Col. North. in remarks that
nairs from Tennessee. Marviand
Ollie! Ollie!"
ounded much like an election-vear
na West Virguua. school officials
Nor did I ever dream that 1 would
ampaign speech. also castigated
31d.
have to endure the largest investiga-
American poutical leadership
Certainiv I did not choose to De
:on in the nistory or our resublic. an
investigation that nas probed every
aspect or my professional and Der-
somal life and that or mv tamuv. he
said.
"From certain commentaries in
the media. It IS clear that some De-
lieve once a man IS accused he IS
branded forever.' said Col. North
"Well I've been accused of help-
ing the brave young men and women
of the Nicaraguan resistance. 1 have
been accused of trying to rescue
American hostages held captive and
of trying to prevent other terrorist
attacks.
"Those accusations are not a
brand. They are a badge or honor.
he declared to sustained applause.
Col. North chailenged the one
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Date
5-3-88
Pede
5.
me United States neibed the unoe-
no looked on from the audience.
.evadiv orave Argnan Deople drive
and their tour chudren have re-
the Red Armv out. Col. North said
delved more than 2 mailion cards.
loud applause.
enters and telegrams or support and
raduating students to take simuar
He acknowledged. nowever. that
incouragement over the last
TSKS for the 2000 or the country as
nv views are colored deeDiv DV
months.
they enter their working lives. out to
personal observation and intense ex.
From these. our ramuv nas taken
noid fast to a "compass or values
perience. For you see. 20 years
strength. We have been reminded
faith. honestv. lovalty. patriotism and
120. I graduated on a Diaving field
nat in this magnificent country
generosity."
USI as you are. But shortiv after 1
-gnt makes mignt." the said. And
This IS going to mean not quitting
raquated. I was assigned as an in-
God willing. with your pravers and
If you fall down. Because railure 15
antry officer to a unit in Viemam.
upport. we will prevau even 15
never rinal. It's courage that counts.
The young men that 1 was Diessea to
Washington.
courage to DICK vourself up. learn
ead were some or the most neroic
CoL North was indicted DV a tea-
from your mistakes and try again.
people that trus country has ever
trai grand jury in March on charges
he said.
raised up.
that ne masterminded a secret ::-
CoL North said the students "spe-
But. said Col. North: Sons or this
nancial supply operation tor the
clai challenge is "responsibility
nation were maimed and crippied.
Nicaraguan Resistance at a ame
responsibility to vourseives. respon-
and they ared for naught because the
vnen sucn aid was banned ov Con-
sibility to your families and respon-
political leadership or this country
gress. A trial date nas not been set.
sibilities to your country:"
lost its wull. They lost faith not only
His appearance in Lvncnourg
President Reagan. ne said. "has
in themselves. out the lost faith in
was the former White House aices
aptly described America as the
first full day as a private citizen
world's last. best hope. it's time to
after 20 years in the Marine Corps.
give something back to a nation
and oniv after considerable thought
that's been so good and given so
and hesitation and he finaliv agree to
much to so many. You can start DV
spena It at the fundamentalist
being informed. DV speaking out. DV
The Rev. Jerry
Christian institution tounded OV Mr.
casting a pallot and taking part in the
Falweil set the tone
Falweil.
upcoming elections.
La an interview. Mr. Falweil con-
"Certainiv one lesson of the last
when he said. "We
firmed that were It not for the efforts
eight years IS that even a strong
of conservative North Caronna Re-
right-minded God-fearing president
serve a Savior who
publican Sen. Jesse Helms. a strong
cannot alone do all that needs to be
was indicted."
supporter or Col. North. the speecn
done." said CoL North "We must not
probably would not have come
just choose the right president: we
about. Mr. Falwell. who met Col.
need a better Congress.
North for the first time yesterdav. IS
"Your challenge then IS to help
leading a petition drive to have the
find and elect these people. And for
Marine pardoned for his alleged
some of you. one day to run for high
the ideals of freedom and democ-
crimes.
office. and. yes. be those people.
racy. They Detrayed millions or peo-
Mr. Falweil set the tone for the dav
Your future !S exciting. with
pie to death and tyranny. And that
when he told the crowd. prior to Col.
limitless opportunity. Your genera-
cannot happen again.
North's appearance. that when
tion can win."
"Yet. even as we meet here." he
asked why an indicted man nad been
CoL North emphasized to the
said "that tragedy IS about to be re-
invited to speak. he replied. "We
graduates the freedoms available in
peated in Nicaragua Once again.
serve a Savior who was indicted.
America and contrasted them to
Congress IS turning ITS back on
The Baptist minister said that 5
those countries under communist
America's truest triends.'
the last four weeks. ne nas collected
me
The Marxist Sandinista regime in
500.000 signatures on a betition call-
also was sharply critical of the
Nicaragua "doesn't threaten us. in
ng for Col North's pardon and
Soviet Union for speaking "soothing
and of itself." Col. North said. "But
hopes for a total of 2 million before
words of peace" while there's been
what does threaten the United States
delivering It to the White House.
"no let up in their aggression. their
IS its sworn vow to spread a rev-
Cal. North's address was so well
patterns of subversion across the
olution without frontiers througnout
received that he staved an extra 90
globe and their depiorable pat-
Central America. sending millions
minutes facing a Diazing sun so ne
tern of cheating on major arms con-
of refugees streaming across into
could personaily present the
trot treaues.
Mexico and across our borders."
graduates with their diplomas. He
"And the oniv reason the Soviets
Clutching a Bible in his hand. Col.
also received an nonorary doctorate
are leaving Afghanistan IS because
North said he and his wire. Betsv.
5 humanities from the university.
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The Phrisderonia incurrer
Date 5-3-88
Pege
6.
Excerpts from Col. North's address
The following are excerdts vom
From certain commentaries
or your responsiomtw 33 citizens
enrea Marine LL. Col. Oliver North
the media. 13 clear that some
this Diessea land.
ommencement address vesteraav
Now.
1
elleve once 1 man IS accused. ne :S
admit.
not
steak
the 1988 eraauating CLCSS J!
randed forever. Veil. been
an objective ovstander
erry University in Lyncnourg. :-:
iccused or heiping the crave voung
colored deepiv personal DD.
What IS your challenge: in a
men and women or the Nicaraguan
ervation and intense experience.
esistance in their struggle for the
ertauniv want a new more beacerui
ora. I think that chailenge IS re-
consibility - responsionity
erv liberties that we claim as a
Soviet Union
cuti the only rea-
ourselves. responsibility to your
inthrient. ! have been accused or
on that the Soviets are leaving
fghanistan IS because the United
amines and responsibility to your
mang to rescue American nostages
country.
held captive and or trying to prevent
tates neibed the undeuevaniv orave
other terrorist attacks. These accu-
fghan people drive the Rea Armv
When i sent mv DIOgraphy to
ations are not a orand. They are a
ut.
Rev. (Jerry Falwell for the introduc-
Unfortunately. Mahanistan :s
non todav. 1 said that mv nonest Drer-
nadge or nonor.
the exception. not the rule for Amer-
erence was to be introduced as the
vesterdav was Mav Dav. the
can foreign policy over the last two
husband of one and the father or
ciggest notidav in the communist
ecades. I know. 1 have lived inrough
four. And I said that because that
vorid. Think about that for a ma-
the reautv of that tragic truth. For
part of me IS so mucn more impor-
ment. As vou leave Liberty Univer-
ou see. 20 years ago. 1 araquated on
ant than whatever five aiready done
.tv in 1988. you can De anvtning you
Diaving fieid lust as you are. out
whatever e:se i will do. 1 believe
ant to De. AS your counterparts are
nortiv after 1 graduated. i was as.
vitn all the strength or mv soul that
raquating trom the University of
med
as
an
infantry
aith and the sondarity or the Amer-
loscow. they can be anvtning the
tam.
can tamilv remain the foundation or
tate wants them to be. And that
Sons or this nation were
reedom in this country.
alone should be enough to remind
maimed and crippied. and they area
for nought because the poutical
leadership or this country lost Its
will Thev lost faith not only in them-
selves. out they lost faith in the
ideals of freedom and democracy.
They betraved millions or people to
death and tyrannv. And that cannot
happen again.
"Certainiv one lesson or the last
eight years IS that even a strong.
right-minded. God-fearing pres-
ident cannot alone do all that needs
to be done. We must not just choose
the ngnt president: we need a better
Congress. Your chailenge then IS to
help find and elect these people. And
or some or you. one dav to run :or
nign office and. yes. De those DEODIE.
If you get out and do as 1 have
suggested. the contribution you will
make to your communities and your
country will be invaluable. To this
point in your lives. you have been the
recipients or this great country's
blessings. Now IS the time to step
forth and provide something in re-
um
God bless you on your our-
nev. Semper Fidelis. Thank vou.
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USA Today
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the Phraceionia includer
Date
5-3-88
LL
Page
North takes the stump
for military. flag, God
Susan Warner
(mendiv
crowd
01
more
000.
nearly
all
01
them
1
North
Marine
medais
riers. cheered the retired Marine
:07
was
me:
utenant
coloner.
who
was
March
:::
MS
rote
the
cncers
01
when
ne
100K
ntra
scandal.
The
crowa
vesterday
did right. Ollie. and Sember
INTOIC
message
to
he
the Marine Coros motto.
Fair 17 Bensalem.
believe ne was right in what ne
a
world
haunted
as GOING. 5310 Tonv Martin ot Mor.
wackos
01
K the more DEODIE see
we
can
the more they WILL understand
the
detense
01
nat ne stood :or
States.
said
cout 20 protesters gathered out.
THOUC address since retiring
de the gates 01 the fair. held at
Marine CORDS on May I
Philadeionia Park race track. carry.
He also called on President Reagan
banners and passing out learlets
in be cautious in dealing WHO Soviet
ICIZIDE North.
eader Mikhan , Gorbacnev and ne
We're here Decause Philadelpnia
rzea American outn to respect
the nome 01 the Constitution. and
heir parents.
VALERIO
Oliver L. North addresses Pennsylvania Fairgoers in Bensalem.
Phinceionia inquirer
3
-e Panama Canal.
nake
FTR 3150 said 1021
the :ac:
-.ed
perul about the Meagan
said Beth ::
mmit that Degins today Press
Tittee in Schdarity the People
cent should be cautious perore
: El Saivador
amo nes down with the uch.
North has oinec the lecture
310 Reagan snould demand :reedom
cunt to supplement DIS milliary nen-
Soviet DOIIIICAL prisoners and in
non. H:s fee for vestercav S speech
EAST that the Soviets aoide DV exisuez
was not C:SCIOSED.
arms agreements.
North loosened == me стожа with
: tew lokes. nice to be invited
caragua. ne said. has BCW rurned
Tomewnere without 1 subtoena.
the Soviet union. North said :n:
aid. There :S almost as many
Doviers have supplied the
here as makes up a congressional
government with $500 mission 10
cearing.
:ary aid. And ne said other commu
But ne grew solemn as ne spoke 01
R:ST leaders also have tent support
his respect :or police officers. viet-
Micaragua.
nam vererans. the Constitution and
Good heavens. what IS a lunatic
God. "The Constitution says inere
fringe like that doing only a :ew
should be a separation between
hundred miles from our borders
church and state. North said. But 1
North said.
don't believe there will ever be a
He chastised Congress. saying it
separation between God and the
was waiking away from Nicaragua
hearts of the people 01 America.
and leaving It vulnerable to the com.
He also said the government
munists.
should promote the general wel-
North also called on the young to
are. not promote weifare to the gen-
live a life that IS a statement. not an
erai public. and he said he believed
apology. And he asked them to make
the Constitution snould protect the
sure their parents vote for leaders
first right. the right to life."
who will support a strong U.S. mill-
On world affairs. he said the
are.
United States should not negotiate
: don't think the young people
with Panamanian military leader
are. or my teenage son. snould have
Manuel Antonio Nonega. wno. North
pay the price for people who were
said. IS aligned WITD Cuban President
elected to oring us knowledge and
Fidel Castro and Libyan eader
presignt and have talled to oring us
Moemmar Gadhafi.
either one. he said.
"We tried sweet reason. It didn't
:s fair officials urzea the crowa to
work. North said. "I believe the time
remain for not air balloon races.
has come to tell Panama that It they
North left the stage to calls of Ollie
want to Keep Nortega. we get to Keep
for President.
The nation
Oliver North stumps
for Calif. candidates
LONG BEACH. Calif. - Two former White House
aides running for Congress in California have turned
to former Marine Lt. Col. Oliver North for tacucal
support.
North. who faces federal conspiracy charges for
his role in the Iran-Contra affair. on Wednesday urged
election of conservative Republican Dana Rohrabacn-
er to represent the 42nd Congressional District.
It was his first campaign appearance since the
Iran-Contra hearing last year. said Robrabacher
spokesman Robert Rule. Robrabacher. a former
speechwriter for President Reagan. is an old friend
from North's days as an aide to the National Security
Council.
North was to campaign today for Christopher Cox.
who is running in the GOP primary for 40th Congres-
sional District.
Cox. 35. of Newport Beach. was semor associate
counsei for Reagan from 1986 to this year. when ne
resigned to seek election.
North. speaking Wednesdav to about 350 people LB
the hangar where Howard Hughes mammoth Spruce
Goose airpiane IS housea. repeatedly said that Ameri-
can freedoms were being stripped away, and urged
greater support for the Nicaraguan Contras LA their
fight against that country's Sandinista government.
POTOMAC NEWS.
A2
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The Philageionia inquirer
Date
012.87
&
900
North railies
freedom fighters'
LOS ANGELES - Retired Ma-
rine Lt. Col. Oliver North. cam-
paigning for a conservative con-
gressional candidate. said
esterdav It was up to freedom
signters to derend the cause or
reedom.
Our ruture IS wide open and can
e as free. aoundant and secure as
nose wno fight for It. Freedom IS
oniv as strong as freedom
lighters. he said. using the Reagan
administration 5 term for the Nica-
raguan resistance.
The former presidential aide.
speaking at = raily for Republican
candidate Dana Rohraoacner.
also said the only reason the Soviet
Union agreed to puil out or
Afghanistan was that "the United
States got off their duff and helped
the incredibly brave Afghan peo-
pie."
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--e LOS Angeles Times
USA Tocav
The Chicago Tribune
The Philageionia inquirer
Date 6/2/88
P
Out and About
Indicted former White House aide Oliver L
North mav have been willing to charge up anv
umber of hills for President Reagan. out ne
obviouslv isn't t standing with his commander in
chief on the Moscow summit. Now that he no
longer IS a Marine ueutenant colonet. North IS
going political. and in his first campaign speech
Wednesdav for Dana Rohrabacher. a tormer
Reagan speech writer and a conservative Re-
publican candidate for Congress in Orange
County, Calif.. North made emphatic referenc-
es to the Soviet Union as an "evd empare." a
phrase his commander E chief seems to have
recanted. North's campaign efforts were ex-
pected to raise $100.000 for Rohrabacher at
the $500-per-coupie fund-raising evening at a
Long Beach museum. North was also cam-
paigning yesterday for Christopher Coz. an-
other former Reagan ade also running for
Congress. Cox Was.a semor associate counsei
to the president. in his tough-talk for Rohra-
bacher. North warned that the conservative
movement IS "being picked apart, piece by
piece, day after day, by a liberal Congress
hell-bent on undoing this president's economic
program and seiling out freedom across the
world"
The Washington PCSI D=
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-ne Baitimore Sun
ine LOS Angeles Times
USA Todav
the Chicago Pridune
The Philadelonia inquirer
6/3/88
Date
4.
-son
3enefits of Norm's visit
NORTH CAMPAIGNS
"Ar North 5 VISIC. Mr Cox and Mr
Rohrapacher said. did two intres: :
prought substantial tree exposure in an
FOR REPUBLICANS
area where evision advertising IS
prohibitively expensive. and It helped
each candidate raise more man
$100.000 from Deople who just wanted a
chance to see and near wille North.
Western Candidates Welcome
what those people neard from Mr
North was a type 01 unreconstructed
Ex-Marine S Help Despite
conservatism that even Mr North 9
commander in chief rareiv ulters these
javs.
Iran-Contra Indictment
Who knows? Mr. North said at 3
-aily at the Long Beach airport for Mr.
Rohraoacner. With a conservative
majority in Congress. we mignt even
By MICHAEL ORESKES
have an American interest section in
Special 14 The New YORK Times
our State Department that would be
LONG BEACH. Calif.. June 2 - To
supporting enthusiasticaliv and effec-
ewers wno last saw nim on gavume
avely the greatest struggle on the
elevision. the DOVISN face was unmis-
planet Earth: the struggle between no-
akable. out the setting was brand new
erty and freedom versus totalitarian-
Lieut Col. Oliver L. North. United
sm.
States Marine Corps, retired. was on
Democracy would rise in 3 freed
the campaign trail for the first time.
Nicaragua. Mr. North said as ne
Mr. North.
magined a world under a conservative
Congress.
Fidel Castro and his repressive
enchmen would be out a sad memory
was campaigning in Southern Califor-
a a liberated Cuba. ne said. Pope
nia Wednesday and today for two men
ohn Paul would be joining Lecn
seeking the Republican nomination to
Valesa to conduct Christmas Mass in
run for Congress from their respective
Varsaw. and the Red Army would be
districts.
digging in against Dopular uprisings
Now many candidates might not
cross the whole breadth of their evil
want a man under Federal indictment
empire.
out stumping for them. But here south
into Orange County IS basic Ronald
Uses 'Evil Empire' Phrase
Reagan country. Around here the inde-
Mr. North picked up the "evil em-
pendent prosecutor's charges against
pire" phrase that Mr. Reagan has
Mr. North which include conspiracy to
argely abandoned. using It just as the
defraud the Government. theft of Gov-
President ne had served was finishing
ernment property and obstruction of
a meeting with the Soviet leaders Mr.
Congress. are read by many as a badge
North condemns.
of honor for a patriot who was wounded
Mr. North declined to speak with re-
(WICE in Vietnam and survived. only to
porters who attended his various ap-
be wounded in the political crossfire in
pearances. His lawyer savs. no
Washington.
way, said Mr. Rohrabacner s
Attack on *Leftist Liberais'
spokesman. Rob Rule.
He's under orders and he's a good
He stands before us an indicted
Marine. Mr. Rule said. The minute
man." said Dana Rohrabacner. one of
they drop those pnonv charges against
the candidates Mr. North came nere to
him ne talk like crazy.
support, but as far as I'm concerned.
Until Mav 1. when his retirement
it's not Oliver North but the leftist MB-
rom the Marine Corps took effect. Mr.
erais who defrauded the country."
North was barred DV Federal law from
Like Mr. North Mr. Rohrabacher
engaging in politics. On May 4 he
and the other candidate. Christopher
agreed to campaign. said Mr. Rohra-
Cox. had worked in President Reagars
bacher.
White House and. like Mr. North they
His crisp uniform bedecked with
say their mission IS to carry on the
medais IS gone now. replaced DY a
President's conservative agenda.
charcoal pinstripe suit. button-down
Both Mr. Cox who worked in the
blue shirt and dark red ue.
White House counsel's office. and Mr.
Mr. North. who IS free on his own re-
Rohrapacher. a former Reagan speech
cognizance pending trial. makes his IIV.
writer. are in tough races for the Re-
ng these davs from (ees for speaking
"ne Washington PCSI
publican nomination to run for Con-
engagements. But ne LOOK nothing out
gress. Both are from districts where
expenses for this trip. ne told the guests
The Washington
the party's nomination. to De decided in
it a dinner to raise money for Mr. Roh-
:
New
YORK
A1
next Tuesdav's primary. IS antamount
abacher nere last night.
was
Gireet
to election.
Mr. Rohrapacner and Mr. Cox said
Mr. Rohrabacher IS running here. in
nev considered making a contribution
"ne Bait,more que
the district that covers southern Los
to Mr. North's defense tuna in recom-
-ne LOS Angeles Times
Angeles County and northern Orange
pense for his appearances. out decided
County. Mr. Cox IS running south of
USA Tocav
might be misconstrued.
here. in affluent Orange County coast
Mr. North referred to his own legal
the Chicago Tricune
ommunites mke Newport Beach sad
roubles only once. 113 nice 10 ce
Lida
The Philageionia inquirer
iwav from asnington. he said at the
in each district. the Republican in.
unner. and to De invited somewnere
cumbent IS not seeking re-election. at.
Attnout a suppoena.
Date
6/3/88
recung a substantial field of would-be
successors who are ruriously jockeving
for any advantage.
Page
i;
West Coast greets
North as a hero
IV another student and wreshed
ne ground.
Asked DV a reporter :: ne would
COSTA MESA. (weet. Retired
onsider running tor the U.S denate
:: Col. Oliver North upstaged :-:
Virginia. Mr. North said:
ongressional candidate ne :s back.
Mr. Cox. 36. running for the GUP
ng as ne received a nero S welcome
congressional nomination in Canfor
rom a wildiv cheering audience
as 40th district. :s a Republicar.
here vesterdav.
fund-raiser. former White House
One man can make a difference.
cide and the tounder or the company
said Col. North. the star attraction at
that first Degan providing Engusn
1 railv for GOP congressional candi-
ransiations or the Soviet Commu-
:ate Christopner Cox.
nist Partv daily newspaper Pravda.
Despite the successes or the Rea-
Col. North's two-dav cambaign
can years. all or our progress IS De-
vine incough California cegan
ne picked apart day DV day
Wednesdav with a railv and rund-
peral Democrats in Congress. 12
aisers for Dana Ronrabacner. 3 :or
said. "We have got to StoD them.
mer White House speechwriter now
Mr. Cox IS one wno will .COK
eeking the GOP nomination for the
House Speaker Jim Wright in the
42nd congressional district race.
eye and just sav no. Col. North said.
Plans for Col. North and Mr. Ronr.
He jokingly reserred to nimself as
bacher to campaign coor-to-door in
a former Marine currentiv out of
the Long Beach-area district Wed.
work." and denied being a hired
nesdav were canceled for security
gun for Mr. Cox. This guy isn t for
reasons.
hire by anvoodv."
Both Mr. Cox and Mr. Rohraba-
The crowa. made up largely of
cher are conservatives seeking the
Orange Coast college students.
GOP nomination for open congres-
screamed and cheered and waved
sional seats being vacated bv con-
signs reading "I'm a NORTH Amer-
servative Republican congressmen.
can and "T'm for Ollie. bv golly."
Both districts are overwnelm.
They applauded neariv every line
ngiy Republican. making the
of Col. Norths 20-minute speech.
vinner or the GOP nomination the
then moobed nim when. to the dis-
kelv victor in the fail.
mav or his bodvguards. he umped
Col. North's campaigning here
off the stage into the audience to
marked his first participation in par-
shake hands.
usan politics since Decoming a na.
Campus security Police inter-
onaliv known and controversial 112.
ened after one student. noiding up
are for nis role in the iran-Contra
Contra Cocaine sign. was tackied
stair.
The Washington MOST
The Washington Times =
The New YORK Times
The wall Street Journal
The Baitimore Sun
The LOS Angeles Times
.SA Tocal
Chicago Include
The Phrisceronia incurrer
Date
/
Page
=.
The North Star
R
etirea Marine L: C.I. Oh-
ver orth will ce the next
not ticket on ecture DIFCUIE.
Since North sizned on with the
Vasnington ceakers Bureau.
:e nas uned up .5 :Deecnes
or $25.000 eacn-more than
his annual Marine cension
$22.000) and in the same
eague as speech :ees for :or-
mer president Geraid Ford
$20.000) and former secre-
tarv or state Henry Kissinger
$25.000). His patriotic themes
seem particulariv attractive to
Southern audiences and GOP
candidates raising runas.
EWSWEEK
...
Party with Oillo
Big contributors B the Conser-
radve Victory Committee's gaia in
New Orieans on Aug. 16 will get a
special invitation 9 a ainner in Late
September nosted by Oliver North
The 100 or so invited will include
those wno purchase $10.000 tables
for the gaia. which is designed B
raise $500.000 for an ano-Dukakis
independent expenditure campaign
and $200.000 to help fund conserva-
ave candidates in targeted races
nationwide. "This LS CoL North's
way or thanking the true leaders or
the conservative movement." said
L Brent Bozeil III. chairman or the
political acnon committee. "Oliver
North IS a true hero and patriot
who IS being persecuted because
he stood up for freedom and de-
mocracy in Central America. he
said "People from all over the -
don are eager B meet calls grost
American."
The Washington Post
The Washington Times ELO
The New York Times
The Wall Street Journal
The Baitimore Sun
The LOS Angeles Times
USA Tocav
The Chicago Thoune
The Philageionia inquirer
Date 6/23/88
Oliver North
will help King
in Senate race
By JOHN PATRICK HUNTER
april Times Associate tartor
Indicted former National ...
curity Councu aide Oliver North
will cambaign in Wisconsin Aug. :-
for Steve King. a candidate for the
Republican Senate nomunation.
North will speak at fund-raisers
in Waukesna and Milwaukee. said
Cindy Schultz King's campaign
manager. Schuitz said the times
and places have not been set
though the Waukesna dinner price
has been set at $150 a person.
North a retired Marine Coros
lieutenant colonel IS accused of
conspiring to defraud the govern-
ment by Шедацу diverting profits
from the U.S.-Iran arms sale to the
Nicaraguan Contras after Congress
had banned direct U.S. military
aude to the rebels.
Schuitz said she had worked for
several weeks to arrange for
North's VISIL
"He's pretty popmar Ln Wiscon-
sin" Schultz said "Peop". like him
here. He took on the Senate and
kind of ran them around 1 little bit.
You know now that goes. He gave
the politicians a run for their
money, and they like him."
Schultz said North's indictment
would not hurt King's efforts to de-
(eat state Sen. Susan Engeleiter.
Menomoneee Falls in the Sept. 13
GOP Senate primary. "No. not at
all" Schuitz said
Schultz said North has spoken for
a few Republican candidates in
other states and had been a suc-
cessful fund raiser.
King, a conservauve and a rural
Whitewater resident. traued Enge-
leiter. a moderate. in the most re-
cent Milwaukee journal poll Some
52 percent favored Engeleiter. 21
percent supported King and the
est
North Criticizes Iran-Contra Judge
Defendant Contends Trial Is Timed to Influence Electorate
By George Laruner jr.
up speakers. Martin Maddoux. Ex-
$40.000 Saturday in Texas for his
- - acad Wreer
cerpts were provided to United
defense. primarily at an evening
Press international and The Wash-
barbecue at the Midland. Tex.
Former White House aide Oliver
ington Post.
Country Club where guests paid
L' North told a group of supporters
North described his case as one
3150 each for barnecue and some
n Texas last weekend that U.S.
which соша weu determine who
paid $500 for a private reception
District Court Judge Gerhard A.
will control the foreign policy or the
with North and his wife. Betsv. The
Geneu S decision to begin as trai
United States or America: the pres-
North Defense Trust. which ne
Sept. 20 was politically mouvated.
dent. who IS constitutionally em-
sponsors. published an advertise-
The will go to trail before the
powered to do so. or 535 members
ment in The Wall Street journal last
election in what is a truly biatant
of Congress
Thursday headlined. "Offie and Bet-
effort to politicize this activity and
North and his lawyers have said
sy North Need Your Help Nown"
create dissension right at the time
they will call the highest-level gov-
Maddoux said the fund-raiser at
of a national election." North said at
erament officials-suggesting the
the airport, which drew about 90
& $100-a-piate fund-raiser Saturday
possible appearances of President
people, was a hastily organized af-
tierning at the Dallas-Fort Worth
Reagan and Vice President Bush-
fair arranged after the Midland bar-
Mirport's Marriott Hotel
to tesufy in support of their conten-
becue had been set. He said his net-
Geseil set the trial date last Fri-
tion that North's actions were au-
work was the only one. allowed to
day and made it clear in his ruling
thorized by his superiors.
record the talk" because he had
that be would tolerate no more de-
Complaining of independent
been seeking a live interview with
lays even if some of the charges
counsel Lawrence E. Walsh North
North for his daily 90-minute pro-
have to be dropped because or pre-
said Waish "is in the second year of
gram for some time only to be put
trial wrangung.
the largest investigation in the his-
of by North and his lawyers.
Television reporters and photog-
tory of this republic. He has an un-
North and the lawvers had said
raphers who tried to cover North's
Simited budget. an enormous starf
the give and take (of a live inter-
remarks were told they cowd listen
that includes 28 lawvers with 50
view) would not be advisable." Mad-
a the warmup speakers DUE would
investigators and support person-
doux sari. He said they let him tape
have to leave after taking suent
net They even have three press
the 30-minute speech because IT
shots or North at the poarum. How-
agents. Along with congressional
was prepared. Maddoux played it in
ever. his speecn was taped by the
committees. they've spent over $11
is entirety yesterday on the 240
USA Radio Network. a Dallas-based
muilion or our taxpayers dollars."
radio stations that subscribe to as
service owned by one of the warm-
North reportediv raised about
program. Point of View."
"no washington Most
2:5
the Washington Times
The New YOUR Times
the wall Street Journal
The Baitimore Sun
LOS Anneies
-SA Today
The Chicago Tribune
The Philageionia inquirer
Date
7/14/88
CERTIFICATE OF SERVICE
I hereby certify that I have caused a true copy of
the attached Government's Memorandum of Points and Authorities
in Opposition To Defendant North's Motion for a Continuance to
be hand delivered to the offices of Williams & Connolly, 839
Seventeenth Street, N.W., Washington, D.C. 20006, Fulbright &
Jaworski, 1150 Connecticut Ave., N.W., Washington, D.C. 20036,
Janis, Schuelke & Wechsler, 1728 Massachusetts Ave., N.W.,
Washington, D.C. 20036, and Sharp, Green & Lankford, 1800
Massachusetts Ave., N.W., Washington, D.C. 20036, this 25th
day of July, 1988.
Clifford M. Sloam
Clifford M. Sloan
Associate Counsel