POINDEXTER TAKES THE 5TH BEFORE PANEL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90-00552R000303560007-9
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 1
• Document Creation Date: December 22, 2016
• Document Release Date: September 1, 2010
• Sequence Number: 7
• Publication Date: December 4, 1986
• Content Type: OPEN SOURCE

a Approved For Release 2010/09/01 : CIA-RDP90-00552R000303560007-9
BALTIMORE SUN
4 December 1986
Poindexter
takes the 5th
before Hanel
Ex-NSC chief is 2nd
to refuse to answer
queries in Iran case
By Nancy J. Schwerzler
Washington Bureau of The Sun
WASHINGTON - Vice Adm.
John M. Poindexter, President Rea-
gan's former national security advis-
er, refused yesterday to answer
questions posed by a Senate inquiry
panel on the grounds that his an-
swers might incriminate him.
Admiral Poindexter, who was ac-
companied by two lawyers during
his hourlong appearance before the
secret session of the committee, be-
came the second known witness to
claim his constitutional right against
self-incrimination in the Senate Se-
lect Committee on Intelligence probe
of the secret transfer of U.S. arms to
Iran and the diversion of funds from
the arms transactions to the "con-
tra" rebels of Nicaragua.
Members of the committee ac-
knowledged yesterday that Marine
Lt. Col. Oliver L. North. who ap-
peared Monday, also had claimed his
Fifth Amendment rights and refused
to answer questions. But committee
leaders insisted that the refusal to
testify by two key witnesses -
named by Attorney General Edwin
W. Meese III as having knowledge of
the diversion of the secret funds -
would not impede the Senate in-
quiry.
Also yesterday, committee mem-
bers acknowledged that they were
considering granting immunity to
witnesses in an effort to compel tes-
timony. but those discussions were
characterized as preliminary and
unclear in both the legal and investi-
gative implications that a grant of
immunity might entail.
In addition, tensions flared up
within the committee as one panel
member. Sen. Ernest F. Hollings, D-
S.C.. insisted that President Reagan.
despite his denials. "knew it all"
about the diversion of funds to the
contras, and the committee chair-
man. Sen. David F. Durenberger. R-
Minn., angrily suggested that Mr.
Hollings "get off the committee."
Admiral Poindexter appeared yes-
terday under a subpoena issued by
the committee after a brief meeting
with panel leaders Tuesday, when
he asked for more time to prepare for
his appearance. But yesterday, act-
ing on the advice of his lawyers. he
refused to answer questions.
Richard W. Beckler. his attorney.
said after the session that "I would
be doing a disservice unless I advised
my client to invoke his rights under
the Fifth Amendment" because
"there has been a request for an in-
dependent counsel to be appointed"
to conduct a criminal investigation
of the arms shipments and diversion
of funds.
Sen. Eatrick.I..Leakty. D-Vt., vice
chairman of the intelligence panel,
said the mood in the committee
room during Admiral Poindexter's
appearance was "very formal" and
the lawmakers were chagrined, but
not excessively concerned, by the re-
fusal to testify.
"I'm disappointed that the admi-
ral did not testify and Colonel North
did not," Mr. Leahy said. Neverthe-
less, "we will piece together the an-
swers to the questions we have with
or without Admiral Poindexter and
with or without Oliver North."
Mr. Durenberger said the com-
mittee had been planning to "go
higher anyway" than Admiral Poin-
dexter in summoning witnesses.
Earlier. he had said the panel would
not decide on calling members of the
president's Cabinet until later in the
inquiry, but the committee now
seems ready to widen its probe.
A Senate source said the pareJ
_
mil t recce CIA Director William J.
Casey, who appeared prior to disclo-
sure of the diversion of funds t4~C_
contras and who reportlly pl2yed_
down his agency's role in the arms
_ operation. ~
The committee has been hearing
testimony from numerous intelli-
gence officials. including at least one
witness yesterday whose identity
was shielded from cameras.
Committee members acknowl-
edged yesterday that they have con-
sidered taking steps to grant immu-
nity to witnesses in order to compel
testimony, but Mr. Durenberger said
it was unclear "how the immunity
process works" in such cases.
Sen. William S. Cohen. R-Maine.
said that immunity was being con-
sidered but "not seriously" and that
it would be "premature" to make a
decision on immunity vet.
Mr. Hollings raised the issue of
immunity in controversial remarks
early in the day, when he suggested
that-if Colonel North were granted
immunity and testified fully, investi-
gators would learn that President
Reagan and other top administra-
tion officials knew of. and autho-
rized, diversion of funds to the con-
tras at a time when such aid was
barred by Congress.
When Colonel North takes the
Fifth Amendment, we can grant him
immunity - and if we do, were go-
ing to catch the president." Mr. Holl-
ings said, adding that he thought it
was a "charade" for the president to
insist he did not know about the di-
version of funds. "i think he knew it
all," the senator said.
"When it comes to contras. he
[the president] is informed; he likes
contras ... he keeps well informed
on that score," Mr. Hollings said.
He added that he thought the
president should end all the inqui-
ries by simply saving that he autho-
rized the entire operation and then
invoke executive privilege on behalf
of all his aides who carried out his
orders. '
Mr. Durenberger angrily declared
that Mr. Hollings' remarks appeared
to violate committee secrecy rules
and said that Mr. Hollings should
"decide whether he's going to be a
member of this committee and par-
ticipate in this hearing or get off this
committee."
But Mr. Hollings insisted that his
remarks were simply his own views
and were not based on any delibera-
tions or evidence from the commit-
tee. Later in the day a committee
aide said there had been a "rap-
prochement" and tempers cooled.
Approved For Release 2010/09/01: CIA-RDP90-00552R000303560007-9