MAJORITY LEADER BYRD'S REMARKS ON POSSIBLE IRAN/CONTRA LEGISLATION

• Document Type: CREST
• Collection: General CIA Records
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• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 7
• Document Creation Date: December 22, 2016
• Document Release Date: December 9, 2011
• Sequence Number: 6
• Publication Date: August 10, 1987
• Content Type: MEMO

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STAT
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United States
of America
Vol. 133
~on,~re,~sional Record
PROCEEDINGS AND DEBATES OF THE 100 CONGRESS, FIRST SESSION
WASHINGTON, WEDNESDAY, JULY 22, 1987
Senate
The Senate met at 9:30 a.m., on the
expiration of the recess, and was
called to order by the Acting President
pro tempore [Mr. SAXTQRD).
PRAYER
The Chaplain, the Reverend Rich-
ard C. Halverson, D.D., offered the fol-
lowing prayer:
Let us pray.
? ? ? for the Lord seeth not as man
seeth, for man kook eth on the outward
appearance but the Lord tooketh on
th.e heart--I Samuel 16: 7.
God of Abraham. Isaac and Israel,
this morning the life and memory of a
great American, Arthur Burns. will be
celebrated at a memorial service. With
boundless praise to You, we express
our gratitude for the life and service
of this uncommon mar.: scholar, teach-
er, economist, servant of Presidents,
ambassador, citizen of the world,
statesman, friend. We thank You for
his incalculable sen-ice to our Nation-
his integrity, his courage, his fierce
honesty, his profound understanding
of human nature and its foibles, his
humility, his deep love for God, the
Bible, and people. May Your gracious
blessing and peace attend his lovely
lady. his partner for more than, half a
century, his family, and his multitude
of friends. For this '-man after God's
own heart" we praise You. Lord, to
Whom belongs the kingdom and the
glory and the honor forever. Amen.
RECOGNITION OF THE
MAJORITY LEADER
The ACTING PRESIDENT pro tem-
porc The majority leader is recog-
nizen.
THE Rt"..E OF LAW
Mr. BYRD. Mr. President. the Iran-
Cor.t-s join; investigz:ting committee
t: wort:ing very hard to unravel the
ful truth about the secret provision of
11 ;.iuii weapons to Iran in an attempt
to win the release of American hos-
tages, and the provision of proceeds
from that enterprise to fund military
assistance to the Contras at a time
when such assistance was prohibited
by the Congress. It is a difficult task
to sort out the real truth when there
has apparently been an epidemic of
amnesia in the executive branch over
crucial events, when testimony L con-
tradictory on many of these events,
and when the witnesses seem intent on
attacking the committee for pursuing
what they did and why they did it.
Nevertheless, the continuous stream
of revelations about these question-
able, and ill-considered activities,
shrouded in secrecy so as to keep Con-
gress in the dark, is focusing more and
more on the central question-the rule
of law as the critical principle govern-
ing the day-to-day operation of the
American form of government.
Indeed, the statements of the es-
teemed cochairmen of the Investigat-
ing committee, Mr. Ittot;Ys and Mr.
HAMILTON, as well as the statement by
Mr. MITCHELL, who was the assigned
questioner of Lieutenant Colonel
North, are eloquent reassertion of
this fundamental. cardinal tenet
which distinguishes our system from
those of totalitarian adversaries and
from sheer chaos. Those statements
are a rich primer or, the absolutely es-
sential nature of the operation of the
rule of law and its corollaries-the
need for openness, for informed
debate. for the development of consen-
sus. and for a dynamic partner with
the oversight committees of the Con-
gress. I emphasize that, even in those
exceptional circumstances where the
national interest requires a restricted
debate. and restrictions on openness
there is all the more reason to con-
form closely to the legal requirer_:enus
governing covert actions. Those are
precisely the circumstances in which
the checks and balances of the Ameri-
can system are most vulnerable and in
need of the most protection, the
system that we only last week met in
Philadelphia to commemorate, the
system in which we all rejoice.
I recommend a close reading of
those statements, as well as others
made by both Republican and Demo-
cratic Members of the panel. since we
must constantly refresh our under-
standing of the tenets of our system.
principles which can only be made to
live by the concerted attention and ac-
tions of the elected officials of this
Government, and those subordinates:
over whom those elected officials have
responsibility. and the American
people at large. Lipservice to those
principles will not suffice. Good inten-
tions in fighting communism, in seek-
Ing democracy in Nicaragua, goals
which are shared by all of us, will no,.
excuse circumvention of the law. will
not explain the subversion of the
methods by which OL- democracy ar-
rives at decisions and by which it im-
plements decisions.
I congratulate the chairmen and
members of the committee for their
tremendous efforts in this investiga-
tion. It is clear the American people
are watching, that they are intensely
interested, and that the proceedings
are addressing the issues in a work-
manlike, and comprehe-isive- thorough
fashion. It has been and is an arduous.
grueling task. The Senate and the
Nation are indebted to members and
staff of the committee for their ef-
forts The committee has bent over
backyard to be fair, realizing that it
could be charged with unfairness at:
too easily.
I believe it has beer. fair. It has been
sober and mature and deliberate, and
has resisted the pressures for cutting
corners. Doing the right thing is not
the same thing as exhibiting for a
beauty contest. Doing the right thing
is not the same thing as acting with
the applause meter in mind.
The statements by the members of
the panel reaffirm the basic need for
t This "bullet" symbol idrntifes statemerts or insertions which. are cot spoken b) a Member of the Senate on tht floor.
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S10476 CONGRESSIONAL RECORD -- SENATE
July 82, 1987
these open hearings for the full i
i
r
s
Of the facts, for a sober cleansing The
=' MF body i~ mandated
b,, ` 2 3 . : . ? make eec-
Or - f:.- new legislation and
am, :?? r ii to exis:ing laws, as well
ai. oU r tc help correct the
abus.?.. thht are already apparent.
Clearly, the ultimate bulwark of our
democracy is men of good faith and
high character who play by the rules
of our game, and who win the approv-
al of their policy recommendations the
hard way, by winning the approval of
a majority of our colleagues, repre-
senting a consensus to move in one ell.
g
tween the ou
e
c
y are
aying the
- ---e
??
~.vuuun tCe and
people. No one can Rrite leas which the Iran-Contra Investigating Com- groundwork for possible retailiatory actions against create a completely adequate aubsti- mittee has been excellent
bya for a suspected Involvement in
and is as
,
t b
tut- for lilt- silted b trig of a West Berlin discotheque.''
Belly and good character. by considerable overlap in the Then the next day, Tuesday, April 8, the
Nevertheless, a clear need for im- Membership of those two bodies. I Wall Street Journal. again: ?? 'Reagan and
provements in the laws which govern look forward to the remainder of the his advisers are united in wanting to re
these covert operations has already' investigation and to the recommenda- apond militarily against Qadhafi but
been demonstrated by the hearings to Lions and report be the committee. I haven't agreed on a time or place to strike
date. They include the requirement applaud the Members of both Houses back.' a senior administrati
. CBSon ofninal said Nev%s.
clearing up aloopholes regard- who sit on the investigating body. I be- On the same day, CBS Evening ng in
for frig the a requirement any n for olese find- lieve the serious and careful approach West est Berl n, h Re after the bombing to
the as has
ings he iref r a writ condition they have taken to this difficult task reached auv the consensus for sus ftitary or military raaretaliation
sill, in years to come, serve as a model against aLiabya
for the conduct of covert operations.
The whole idea of covert
findings" and a reminder to future administra- On Wednesday, April Y, CBS Evening
should ho debunked. Second, they s" tions of the unnecessary and corrosive News: "According to a highly-placed source.
shou more precise Second,
Tin- e- damage that an over-reliance on secre- President Reagan has approved another
quir of ludemmor by the executive bto e- cy and deception and lying brings to possible military strike against Libya. The
those covert actions which must be Unten- our great system of government. White House denied rumors today that a
those covert in emergency which tube Mr. President, I ask unanimous con- but a military w ayd respaced was ig eence ey underway,
when
when sent that statements by Chairman that military response source said
prior notice for good reason IxovyE, dated July 15, 1987; Chairman a mlitary response has been ap-
be given to the oversight com- HAMILTON, dated July 15, 1987; and pro ha same even
mittees-such notification should be Senator MrrcuELL, dated July 14, 1987 night: "The understanding nowd is -that a
given within 2 or 3 days after the be printed in the RECORD. strike against Libya Is in the works. If It
President approves, in any case. In There being no objection, the state- comes to that, seldom will US. military
those very unusual cases, notification ments were ordered to be printed in action have been so widely and publicly ad-
should be given to a small consultative the RECORD, as follows: vertised to advance,
group consisting of the leadership of STATEMENT BY CHAra g,as DANIEL INOCYI Thursday, day. Bth, Today are getting
both Houses and the leadership of the ministration to e ay ]NBC That Show: ?a-
oversight committees. Third, no Chairman JULY 15. 1987 moofficials say that intense plan-
agency of the Government should be Colonel North. YEMr Sullivan, I think much. Lib a underway for retaliation. against
exempt from the rules governing are now at the end of a long six days. The On the same day'. the New York Times:
covert actions, including, of course, questions I had cannot be answered because "Administration officials said that Libyan
the National Security Council. Mr. some of those who could have answered military sites were the prime options under
and others have argued that these questions are not here with us and, consideration for retaliation and that
North the Nations] others
tr edl hfurthermore, I am certain you will agree among the key possibilities are Libyan air
been so onal Securi and exempt from has the with me, that we have had enough ques- bases near the coast, the official said that
lions here. coastal electronic list-
restrictions of the Boland amendment I'd like to first. before proceeding with my early warning mile posts . including
which prohibited direct or indirect statement, because of the call of fairness, that aim' s hip well ff units
ic, are
military aid to the Contras. He is dis- clarify the record. Much has been said also key tarrge And as we know. they
puted in this assertion by other formal about fairness to witness, fairness to the were the targets.
officials, such as Mr. McFarlane. That President. fairness to the Government.
arguable as In response to a On Friday, to April 11. NBC Today Show:
loophole, as
It might be. question of two of my ''The goal is to strike as many targets
should be slammed shut for fellow panel members relating to the bomb- possible, as close to the coast to reduce the
good. ing of Libya, you said, for example, today, danger to American aircraft.''
Fourth, the law needs to be precise in "When the briefing conducted by the Presi. Saturday, April 12. New York Times: -Ad-
its definition of what constitutes a dent concluded at about 5:00 or 5:30, two ministration officials speculated that the
covert action, since it is nowhere de- Members of Congress"-and you meant two water strip placed in abeyance, at least for
fined today except in an Executive Members of the Senate-"proceeded imme- the moment, a retaliatory strike against
Order. Informal or gentlemanly ar- diately to waiting microphones" and noted Libya, but officials declined to rule out a
rangemeni< between the two branches that the President was going to make a raid. even in the next 48 hours."
ra
or, these matters the proven tom- heretofore unannounced address to the Associated Press: "The British Mail on
or, ]y se maters and where n tom- Nation on Libya. Sunday said Mrs. Thatcher had 'cleared the
pl a granted suffici
the executive f seems I would tell you that the volume of fire way for President Reagan to use British y
over to have simply been taken advantage evening- Two ALn capital was merican airmen e that bases to launch a massive new air attack on
of. a mechanism for the executive, or consequence of that antiaircraft fire. as best Another AP: ??Itahan Premier Bettino
others acting in his behalf, purported- we can determine. They alerted our adver- Craxi told reporters Saturday. April 12 in
ly, believing that he would give ap- saries.?? Milan. 'I don't believe there will be a mili-
prot?al, if asked, to evade the spirit of When the response was first made a few Lary intervention there before Monday.' ?'
, and avoid the need to build a days ago. I checked with senior officials of The same evening, consensus with the Congress. Fifth, the Senate and looked into the record "By Monday. the diplomatic Nightly blobbying will
the the pri lawt consensus with the
these First, these two Members did not stop at be completed. and Administration sources
policy ac- the bank of microphones near the White indicate that means a strike could come a.
tions cannot be used again so as to cir- House. They immediately' left and returned early as Tuesday.-
eumvent the law's passed by the to the senate. Thm they sere confronted
Drifted Stale Congress by members of tt,?
Mr Pres;d. r,t the i't -~o...r 1r.- alxmded. --No co'- is r;
t "You should
d
.
h
alt tr.? t'rc
the end of a tt? er bu:r t''a t a e He might have
in which legi_lative action could be 9:00
taken by the' Intelligence Committec, The is US P-lu- ie': Nr,:a; o;,
at the recommendation of the investi- Monday. April 14 a 12 13 p.tr. ell bne!,r1.
gating Committee, an interim ~g~ at 4'00 and the bombe fell at 7:OL
Of legislative package However, a week before the bombing. CBS
Proposals might be con- Evening News had this say Top U .S. of?
sidered. Indeed, Senate Resolution 23, ficials acknowledge that detailed military
which created the Iran-Contra Investi- contingency plans for retaliation already
gating Committee this past January, exist. Said one source, 'They involve five
does Provide for such interim reports targets in Libya.' ??
to the Senate as s are considered appro- On the same day, the Wall Street Journal
priate. The workin
are .ens.,. ___ had this to say: "U.S. officials are putting
t the word that the
l
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July f2,1987 CONGRESSIONAL RECORD - SENATE
Wa-:Mnpn Post "After oortWting oon?
T K Jacques Chirac b:
d??::ded to rrlect t'
.. ,.t rights, and ti
A:.^ da; bciu:e the bombing. NBC
T..:?; > Tt ws ' Adrn:ni;tration officials say
th; P:e:.Dent moving towards a decision
abou whether to make a retaliatory strike
aga;ris: Libya, and White House officials
confirm the President will have a special na-
tional security meeting tomorrow to evalu-
ate the situation. Today. the President con-
ferred with Vice President Bush and Secre-
tary of State Shultz, both of whom are be-
lieved to favor a military strike. Notably
absent from the Camp David meeting was
Defense Secretary Weinberger, who is be-
lieved to oppose such action.-
1 think it is grossly unfair to suggest that
two Aruerican lives were lost because one
ieddt:n sa:o. "No comment," and the other
s::ici ' I believe you should ask the Presi.
dent. He may have something to say tonight
at t'
Fr ,rr thy beginning of the history of man-
kinc. o ga. ,u;ed societies whether they be
tribe: o- clans. or nations, have nurtured
and created heroes, because heroes are nec-
essary to serve as a cement to unite people,
to bring units in that nation.
It provides glory to their history. It pro-
yid" legends. We ha%t many heroes. This
hear' nE is being held in Washington, the
city of heroes. the crry of monuments We
hat hundreds of monuments in this city.
In the Capitol in Statuary Hail, each
State has honored two of their heroes or
hero:rtes. The State of Hawaii honors King
Kamehameha, the Warrior King, and
Father Damiet:, who L soon to become a
saint.
And if you step or, the west steps of the
M,:l and look down the majestic Mall. you
wi.; see the Monument of George Washing-
ton very majestic I remember a: a child.
long before I heard of the RevotuttonLry
War. t, at one day Georg: Washington was
cor,fro-.ted by his father, who asked. "Who
cut tht cherry tree?' And little George an-
swered "Father, I cannot lie I cut the
criers: tire." It wm an lr.?port?ant lesson to
C., little children, and I believe it sills is a
810477
atnceriU, I wish ym well as you begin your portarit tenets of ccrnrr,;:n]srr, and
1o rr; o t rte a lit the ends , -
}:.:.... t t -. Ls is .. ...,?. rr and as The v
or, v , a ;s. t, trig mating of moc-rar% C ?
.
t'.t_ n-.% Aral -.r,t 1 u,.i?ti n resin as ment c-t rr.,'.
gx(:] C': yG::' It :: r.:,r' tk ti mcsi troll- laws
bling Cna:rrrar Hsra:tor, has eloquently And ftn.a1:: t: t uszt~
disc us:ra tier. thousand: of c t:: ea w rare calve c s'
Be use. as a r^su:t of your very gallant telegrams, and wr.t:rt.
presence, and your articulate statements, thank all of Yoe: most sincerely tend corr.
your life. I am certain, will be emulated b}
many mend you for your demonstrated interest in
, many young Americans I am certain well being of our Government. of our
we will, all of hrs. receive an abundance of re the freedoms and our democracy.
quests from young citizens throughout the
land for entrance into the privileged ranks Your support or opposition of what is
of cadets of the Military Services. happening in this room is important, impor-
These young citizens. having been Imbued tant because it dramatically demonstrates
with the passion of pattiotism? will do so; the Strength of this democracyWe Amen.
and to these young men and women, I wish cans are confident in our strength to openly
to address a few wards: and without fear put into action one of the
In 1964, when Colonel North was a cadet, important teachings of our greatest Found
he took an oath of office like all hundreds Ing Pather; Thomas Jefferson, who stoke of
throughout the sersiee academies. And he the right to dissent, the right to criticize the
also said that he will abide with the regu)a- leaders of this Government and he said.
Lions which set forth the cadet honor con- "The spirit of resistance to Government is
dept. so valuable on certain occasions that I wish
The first honor concept. first because it is it to be always kept alive. It will often be e>.
so important over and above all other. iF a ercised when aroma= but better so than net
very simple one A member of the brigade to be exercised at all
does not lie, cheat or steal. And in this ref- Unlike corny-:unisrn, L: a democracy suer
ulation of 1964, the word "lie" was defined as ours we are not afraid to wash our dirty
as follows- liner, in public We are not afraid to let the
"A deliberate oral or written untruth: It world know that we do have failure and we
may be an oral or written statement which do have shortcomings
is known to be false or simple response to a I think all of us will recall the open irvi::-
Question in which the answer is known to be ties that we sent to the press of the world
fats:.' to view the space flights. to record our su:-
Tne words "mislead- or "deceive" were de- cesses and record our failures.
fined as follows ?'A deliberate misrepresen- We permit all to film and record our space
tation of a true situation by being untruth- flights. We don't after the fact let the world
ful or withholding or subtly wording infor- know only of our successes. And I think we
mat ion in such a way as to leave an errone- should recall that we did not prohibit any
ous or false impression of a known true situ- member of the world press to film and
ation.?" record one of the bloodiest chapters of our
And when the colonel put on his uniform domestic history. the demonstration and
and the bars of a second lieutenant, he was riots in the civil rights period.
well aware that he was subject to the Uni- This was not ea y, to let the world know
form Code of Milian Justice. It is a special that we had police dogs and police officers
code of laws that apply to our men and wttl whips and club denying fellow cftsens
it is a code that has been applicabie to the their rights, but I have always felt that as
conduct and activities of Colonel North. long as we daily reseffirm our belief in and
throughout his military career, and even at support of our Constitution and the great
this moment. And that code makes it abun. principles of freedom. that was long ado
dantly dear that orders of a superior officer enunciated by our Founding Fathers, we
must be obeyed by subordinate members will continue to prevail and flouris: .
. very important lessor':. But it is lawful orders. I would like to make one more closing
Then if you go fairer doss.. co:: will see The uniform code makes it abundantly remark. Throughout. the past ten days,
the Lincoln Memories;. where we honor a clear that it must be the lawful orders of a Marty of my colleagues on this panel ire
grea? President for the courage he demon- superior officer. opening their questions to the Colonel, pre
s:rs:ec in upilot-ding the brotherhood of In fact, it says. "Members of the military fae'ed their marks by saying, "Colonel. I am
ma:, It wasn't easy durinc thus- days. have an obligation to disobey unlawful certain you know that I voted for aid to the
Tiler, you have Ar;.ng c :i. a sacred place. orders." contras "
Mtn yu:, sewed with and me.- I served with This principle was considered so impor- Ladies and gentlemen and Colonel Nora,
us' t:,a: as their' f: na: resting place, all tant that we, we the Government of the I voted against aid to the contras. I did sc?
he r`e' United State;. proposed that it be Interns- not as a communist. I die se not as an agent
'It..,: ycu hate Letts Mansion This was tioral]y applied in the Nuremberg t.nals and of the KGB. I did so upon information that
the home cf the great ge;i:,emar, iron Vir- so Jr, the Nuremberg trial, we said toat the I garnered as a member of the bipartisan
g:-::a. Vie honor' hiss today for his great fact that the defendant-- Comnissio n on Centra- America based upon
drrnorc;ratton o` icyat:y aria pateio_isrn. Chatrmsr, "-o-,Tx. Coiohel North. I stn information that I gathered as Chairman of
An? as at w! back to the L!ncoir. Memo- certa: it must have been painful for you as the Foreign Operations Committee, based
ri r ,d ilearc;, we see this new and ex,;!- you stated to testify that you lied to senior upon information that I gathered as a
fug monument. one tc your fei,ov, combat officials of our Government. that you lied senior member of the Defense Subeornmi:-
nir:. the Vie:r..tr Bier or' a.t and misled ou- Congress and believe me it W. and based upon information that I
I :t-:iet during tit past wt. )c. wt have was painfu' for' ail of us to sit here and gathered as Chairman and a Member of the
Pa-ilcluated in, creatinc and de?,t?ior.;:.g very
lister to that t'sttmons. It was painful Senate Irt:elligF^;w Committee.
1:--t?'? es. Armen ar rer;. It was equai:y painful to learn from your I voted agaarut aid to the eontra_. It
ye..: who has Set the burrtr,g sting testimon:, that you lied and misled because wasn't easy tc vote ag?a s: Your Command
cf a-.d shrapne; and heave Lie unfor- of what ye,_ beheted to be a just cause. sup Inr Chief. It in not easy to stand before
irrttan,- ar.d frghter:r.g sou::d, of incc?:nirig Porters of Nicaraguan: freedom fighters, the cc?lies
gags arc find yo:rrst-If in disap-t'<
salute you. s::. as a fei;oc: combat contra;. men: but that
is the narun? of derrecrec:
ma:,. and the rows of r,obons that you have You have eio:,uently articulated your oh- I did so because I was firmly convinced
on your chest forete: remand us of the co,,;- position, to Marxism arid commune :: and I that to f011ov. the
path e- the ware that
car, o l- sen,ce and your wihtnpyws-. your believe- that al of u--. I am certain s-: of ti= w?a laid dowt, by the Reagan p-ti tiss
p+:ro r ti:lirttrnr?c: to rise: your inc and on this pane: are eouz;]y opposed to Man.- would certai::i, and L"ev!tably lead to a
y t.: : ixm ann coinm -nisi:.
. a . ceri,a.i , the hie arid burdttr o, a hero But should point wrerr yuool mgr and sennt, iof the
vt t Y, the defense of tiemoc-a Prised S: ate= mould hs:?e w be sent rate t*<
a:: Oe d.1ti:u1; aa,c heavy, aria bo. ant: al: cy adept and em--race one cf the most ire,- cu :f:.: t. at,d Co--.,e: I am ce :.a..-. haver.;
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__Ntaais
tbMe open asaf for tae tan was wmsttroat fife ft"
!r' b. iiactt. a coder bsaordng. The unit" states d ow tae to w ststtoq? "one am fawn usi*UKW
Waste bttt01l bob 112 mandated Mr. Preside the I n wtra Qt- =andad, "NO s wow One otwedw
her it
said,
by Senate Reectutyo i 23, to make red. vest.igation final report Is now due at Fo a :, le ask t~hr re '3 the questior.
ornr..fndatlona for new legislIt% and the, end of October, but in those Lresr t- !, Light at
a:'nc:,dn,enta to existing laws a: well it; which legislative action could be i9
as Other thing;, to help co.-e-, the tLker by the Intelligence Committer. T~. 1e L'.s v 213 he air, on
abuses that are already apparent.- at the recommendation of the investi- CkApr:; 14 at he bombs fell 1 p.m The at 7:00
Clearly. the intimate. bulwark of our gating eoaunittee, an interim package fO Ds' a Week
at 40o and the the bombing. CBS
democracy is men of good faith and of legislative con- ntng News had before this "Top U.S CBs
high character who play by the rules sidered. Indeed, Senate Resolution lnight 3. facials o: that dealed military.
of-
y
of our game, and who win the which created the Iran?Contra Investi- contingency * lane for detailed already
al of their approv na' Plans for tetaltatJon policy recommendations the gating Committee this past January, exist. Said one source. 'They involve five
hard way. by winning the approval of does Provide for such interim reports targets in Libya' ?'
a majority of our colleagues, repre. to the Senate as are considered appro. On the same diay, the Wall Street Journal
sent
gar. U.S.
ins a consensus to move in one di- Priate. The working relationship be- had the to word ? that Officials are putting
rection or another by the American tween the Intelligence Committee and out the word that they are laying the
people. No one can write laws which the Iran-Conte Investigating Corn. groundwork for possible retailimory, actions
against bombing a for a suspected invol
create a completely adequate substi. mittee has been excellent. and is as. the
iwoth e u in Berlin tute for integrity and good character. slated by considerable overlap in the Thenthenext day. Tuesday. April the
Nevertheless, a clear need for tam- Membership of those two bodies. I Wall Street Journal, again: ?? -Reagan and
provements in the laws which govern look forward to the remainder of the his advisers are united in wanting to re.
these covert operations has already investigation and to the recommends- 'pond militarily against Qadhafl but
been demonstrated by the hearings to Lions and report of the committee. I haven't agreed on a time or place to strike
date. They include the requirement applaud the Members of both Houses back. a senior administration official said "
for clearing up any loopholes regard- who sit on the investigating body. I be- On the same day. CBS Evening News.
lag the requirement for l
oopholes r find- lieve the serious and careful approach Forty-eight hours after the bombing in
written rl
tags by the President as a condition they have taken to this difficult task Wreached ent Bea T for m
m, the Reagan military has
for the conduct of covert operations. will, in years to come. serve as a model against Libyy&ilitary retaliation
The whole idea of covert
findings and a reminder to future adminfstra. On Wednesday, April 9. CBS Evening
should be debunked. Second, they in. Lions of the unnecessary and corrosive News: ??Aocordmg to a highly-plat.~ed source.
elude more precise notification re- damage that an over-r?elianee on serre? President Reagan has approved another
quir of
cludemmor by red executive branch e- cy and deception and lying brings to possible military strike seat= Irbya. The
those covert actions which must be un- our great system of government. Whin House denied rumors today that a
th
derLLke
ose c n in emergency must b situations Mr. President, I ask unanimous con- but unary. 1a was already underway.
when sent that statements by Chairman ba well-placed intelligence source said
prior notice for good reason Iieovrs, dated July 15. 1987; Chairman that a military response has been W
cannot be given to the oversight com- HAMILTolt dated July 15, 1987; and pTOThatt same eve
mittees-such notification should be Senator M nips. ABC World Ness that a
given within 2 or 3 days after the t.l dated July 14. 1987 night .'The understanding now is that a
President approves, in any be printed In in the Racoso. strike against Irby' is in the works If it
those very unusual cases, otif tion meats were ordered O ObJtto ape the state- coma to that, seldom will UA. sanitary
should be given to a small consultative printed in action have been e. ?Ide1f and publicly ad-
the Rsroan, as follows: vertised in advance:'
group consisting of the leadership of SrxrocMT By Caitngatxrr Dexrn. Ixocra Thursday, April 10th, we are
both Houses and the leadership of the JULY 15,198' closer to the day. NBC Today Snow. lad
oversight cornmitteea. Third. no ministration officials
lnue.
Chairman Ixot7yr Thank you very much. Ring is underw say that Lion. se pint
agency of the Government should be Colonel North, Mr. Sullivan, I think we Libya ay for retaltaior. against
exempt from the rules governing are now at the end of a long six days The On the acme day. the New York Times
covert actions, including, of course. Questions i had cannot be answered because ..Administration Officials said that Libyan
the National Security Council. Mr. Some of those who could have answered military sites were the prime options under
North and others have argued that these questions are not here with us and. consideration for retaliation and that
the National Security Council has furthermore, I am certain you will agree among the key possibilities are Libyan air
been so exempt, and exempt from the with me, that we have had enough Ques- bases near the coast, the official said that
restrictions of the Boland amendment vI d like to first, before coastal electronic listening Proceeding with my early posts. including
prohibited direct or indirect statement, because of the call of fairness, that pi ~es' well asp
military aid to the Contras. He is dis- clarity the record. Much has been said also key P ~'e and ship traffic, are
targets
puled in this assertion by other formal about fairness to witness, fairness to the were the And as we know, they
officials, such as Mr. McFarlane. That President, fairness to the Government. tarreu
loophole, arguable as it might be. In response tea On Foiday. April 11. NBC Today Show
Question of two of MY "The sofa is strike as many targets
should be slammed shut for good. fellow Panel members relating to the bomb- posh possible. as close to the coast to reduce the
Fourth, the law needs to be precise in Ing of Libya, you said, for example. today, danger to American aircraft -
Its definition Of what constitutes "When the briefing conducted by the Presi- Saturday, April 12. Neu York Times "Ad-
a dent concluded at about 5:00 or 5.30, two ministratioL officials speculated that the
covert action. since It is nowhere de- Members of Congress"--.and you meant two water strip placed in abeyance, at least for
fined today except in an Executive Members of the Senate-..proceeded Imme- the moment. a retaliatory strike against
Order. Informal or gentlemanly ar_ diat.ely,to waiting microphones'' and noted Lib3a but officials declined to rule out a
rangement, between the two branches that the President was going to make a raid. even in the next 48 hours."
on these matters have proven corn- heretofore unannounced address to the Associated Press: "The British mail or,
pletely insufficient, and where flexibil- Nation on Libya. Sunday said Mrs. Thatcher had 'cleared the
icy L, granted to the executive it seems ?1 would Loll you that the volume of fire way for President
to have simply been taken adtantage ev
over enings o~Amencan gas imen j mn'died t ha! a au, launch a maasivae new air use
attack or.
of. a mechanism for the executive, or consequence of that antiaircraft fire. as best Anothe- AP. ?'Itatar. Premier Bettina
others acting in his behalf. Purported- we can determine- They alerted our adver- Craxi told repor ters Saturday. Apra: 12 in ther l~ , believing that he would give ap. wrist "
prove'., if asked. W evade the spirit of When the Mira r? 'I don't intervention there befor will d a mil,.
response was first made a tea ta->? warn thebefore ,ghtl .
the law, and avoid the need to build a daYi- ago. I checked with senior officials of The sage evening.
consensus with the Congress. the Senate and looked into the record NBC Ni bbyi News
Fifth, First, these two Members did not stop at be coin Pieed. the
and~Administrator.sourees
the privatization of these policy ac- the bank of microphones near the White indicate, that means a strike could come as
tioris cannot be used again so as to cir- House They. immediatel3 left and returned early as'Iuescis~
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July i2,1887 CONGRESSIONAL RECORD - SENATE
anent of snbslles to Iran You have testified
that It has never been ;'S poach not U- ne
gotiate with terrorL14 y e : t!,? F7es -it r ; La
said the opposite. tr.a: wt L.. ;.-'.t' r,;;
ate with terrorists Yo i.art tt:':f,e u... a
lot of people were wii::nF Lc, go along ui''
what we were doing, hoping against hcpt
that it would succeed. and willing to walk
away when It failed.
My guess is that is a pretty accurate de.
scription of what happened, but it is not the
way to run a government. Secret operations
should pass a sufficient test of accountabil-
ity, and these secret operations did not pass
that test. There was a lack of accountability
for funds and for policy, and responsibility
rests with the President. If he did not know
of your highly significant activities done in
his name, then he should have, and we will
obviously have to ask Admiral Poindexter
some questions.
The next point, with regard to process, re-
lates to your attitude toward the Congress.
As you would expect., I am bothered by your
comments about the Congress. You show
very little appreciation for its role in the
foreign policy process. You acknowledge
that you were "erroneous, misleading, eva-
sive, and wrong" in your testimony to the
Congress. I appreciate. sir, that honesty can
be hard in the conduct of government, but I
am impressed that policy was driven by a
series of lies: lies to the Iranians, lies to the
Central Intelligence Agency, lies to the At-
torney General, lies to our friends and
allies, lies to the Congress, and lies to the
American people.
So often during these hearings. not just
during your testimony, but others as well, I
have been reminded of President Thomas
Jefferson's statement: "The whole art of
government consists in the an of being
honest."
Your experience has been in the Execu-
tive Branch. and mine has been in the Con-
gress. Inevitably our perspectives will differ.
Nonetheless. if I may say so, you have an
extraordinarily expansive view of Presiden-
tial power. You would give the President
free rein in foreign affairs You said on the
first day of your testimony, and I quote, '?I
didn't want to show Congress a single word
on this whole thing "
I do not set how your attitude can be rec-
onciled with the Constitution of the United
States. I often find in the Executive Branch,
in this administraacn, as well as others, a
view that the Congress is not a partner but
an adversary The Constitution grants for-
eiun policy making powers to both the
President and the Congress and our foreign
policy cannot succeed unless they work to-
gether. You blame the Congress as if the re-
strict;uri_: it app-wec were the cause of mis-
takes in in, adn r.u:ratior.: yet Congres-
sinr,a: r. .. ions it the case of Nicaragua-
if pee- a^e accura:e-reflected the ma-
)ori. t,? . ' tht Amcncan people.
Zr. any cast.. I think you and I would agree
that there is insufficient consensus on
policy in Nicaragua Public opinion is deeply
divided. and the task of leadership, it seems
to mt. is to build puhiic support for policy.
If that burden: of leadership is not met.
secret policies cannot succeed over the long
terry.
The fourth potni with regard to process
relates to means ant ends. As I understand
your testimon; you d:d what you did be-
cause Choice were your orders and because
you believed it Was for a good cause. I
cannot agree that the ends justified these
means, that the threat in Central America
was on great that we had to do something,
even if It meant dis-egarding constitutional
processes, deceiving the Congress and the
American People. The means employed were
a profound threat' to the democratic proc-
ess
A de rr.r, ratlc government. a: I ur.-?-
it.c asniuuon.but It Is awe. c s
sol.t: r;. It is not a governmer,t dE c
a particular objective, but a form of g
ment which specifies means and me:tn'd, e:
achieving objectives. Methods and nit ~r.,
are what this country is all about. If we s.il.
vert our democratic process to bring about a
desired end, no matter how strongly we may
believe in that end, we have weakened our
country, and we have not strengthened It.
The few do not know what is better for
Americans than Americans know them-
selves. If I understand our government cor-
rectly, no small group of people, no matter
how important, no matter how well inten-
tioned they may be, should be trusted to de-
termine policy. As President Madison said,
"Trust should be placed not in a few but in
a number of hands."
Let me conclude. Your opening statement
made the analogy to a baseball game. You
said the playing field here was uneven and
the Congress would declare Itself the
winter. I understand your sentiments. but
may I suggest that we are not engaged in a
game with winners and losers. That ap-
proach, if I may say so, is self-serving and
ultimately self-defeating. We all lost.
The interests of the United States have
been damaged by what happened. This
country cannot be run effectively when
major foreign policies are formulated by
only a few, and are made and carried out in
secret, and when public officials lie to other
nations and to each other.
One purpose of these hearings is to
change that. The self-cleansing process, the
Tower Commission, and these joint hear-
ings, and the report which will follow, are
all part, we hope, of a process to reinvigo-
rate and restore our system of government.
I don't have any doubt at all. Colonel
North, that you are a patriot. There are
many patriots in this country, fortunately,
and many forms of patriotism. For you, per-
haps patriotism rested in the conduct of
deeds. some requiring great personal cour-
age, to free hostages and fight communism.
And those of us who pursue public service
with less risk to our physical well-being
admire such courage.
But there's another form of patriotism
which is unique to democracy. It resides in
those who have a deep respect for the rule
of law and faith in America's democratic
traditions. To uphold our Constitution re-
quires not the exceptional efforts of the few
but the confidence and the trust and the
work of the many.
Democracy has its frustrations. You've ex-
perienced some of them. but we-you and
I-know of no better system of government
and when that democratic process is sub-
verted. we risk all that we chensl:
I thank you. sir. for your I t:mer.y. and I
wish you and I wish your lama;, well.
STATEMENT BY SENATOR MITCHELL.
JULY 14. 1987
You have talked here often eloquently
about the need for a democratic outcome in
Nicaragua. There's no disagreement on that.
There's disagreement as how best to achieve
that objective. Many Americans agree with
the President's policy, many do not. Many
patriotic Americans. strongly anticommu-
nist, believe there's a better way to contain
the Sandinistas. to bring about a democratic
outcome in Nicaragua and to bring peace to
Central America
Many patriotic Americans are concerned
in the pursuit of democracy abroad we
cannot compromise it in any way here at
home. You and others have urged consisten-
cy in our policies. you have said repeatedly
that if we are not consistent our allies and
other nations will question our reliability.
S 10479
That is a real eoneem But If It's bad to
ehw-i-' T.- Vies it's wc-"e to have two d1f-
t b' , _.. -...... One c
t. c:. . . : :r. c.r ...:r I? .
c to L:
tee-.'. w.: ugrre Cu' k...ir mere cause to con
us Lr.real:ab.' t.'.ar' that we sat one-
Ln;ng in public any se-c-cL:y do the opposite
And that's exactly wnat was done when
arms were sold to Iran and arms were
swapped for hostages
Now, you have talked a lot about patriot-
ism and the love of our country. Most na-
tions derive from a single tribe, a single
race; they practice a single religion.
Common racial; ethnic religious heritages
are the glue of nationhood for many. The
United States is different: we have all races,
all religions, we have a limited common her-
itage. The glue of nationhood for us is the
American ideal of Individual liberty and
equal justice. The rule of law is critical in
our society. It's the great equalizer, because
In America everybody is equal before the
law. We must never allow the end to justify
the means where the law is concerned. How -
ever important and noble an objective, and
surely democracy abroad is important and is
noble. It cannot be achieved at the expense
of the rule of law in our country. And your
diversity is very broad
You talked about your background and it
was really very compelling, and is obviously
one of the reasons why the American people
are attracted to you
Let me tell you a story from my back-
ground. Before I entered the Senate I had
the great honor of serving as a federal
judge. In that position I had great power.
The one I most enjoyed exercising was the
power to make people American citizens.
From time to time I presided at what we call
nationalization ceremonies: they're citizen-
ship ceremonies. These are people who
came from all over the world, risked their
lives, sometimes left their families and their
fortunes behind to come here. They had
gone through the reti..ired procedures. and I
in the final act ads :: nistered to then; the
oath of allegiance to the United States, and
I made them American citizens. To this
moment, to this moment it was the most ex-
citing thing I have ever done in my lift.
Ceremonies were always moving for me
because my mother was an immigrant, my
father the orphan son of immigrants. Nei-
ther of them had any education and tn-y
worked at very mer..z: tasks in our society.
But because of the openness of America. be-
cause of equal justice under law in Amens a.
I sit here today a United States Senator
And after every one of these ceremonies- I
made it a point to speak to these new Amer-
icans. I asked their. why they came. lion
they came, and the stories. each of them.
was inspiring. I think you would be interest
ed and moved by theme given the views that
you have expressed or this count. y.
And when I asked them why they carne
they said several things. mostly two. The
first is they said we came because here in
America everybody has a chance. opportuni-
ty. And they also said over and over again.
particularly people from totalitarian, soci
eties. we carne here because here in America
you can criticize the government without
looking over your shoulder. Freedom to dis
agree with the government
Now, you have addressed several pleas to
this committee very eloquently. None more
eloquent than last Friday when in response
to a question by Representative Cheney you
asked that Congress net cut off aid to the
contras for the love of God and for the lore
of country. I now aocress a plea to you O:
all the qualities which the American peopi,
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do Mso ONA.L R - SMAT J_Jy 2
laud eontpeliltta about you. tone b more ls#-
prrsire (than your cih:lntt 0?c:p d, city t"
thus co.:. T.
atiarr I':.. C'
rind a:tY tort th e:, .,.- ms, ak rr.uCt, a_
7no dL
Ante tn't;. h rF't :::,.r'. as1 FC to dL u
Qed done inert Cate SML-_, to American pule
tics And to Amerrta, duragreerneril slth the
toflcletc Of the "Oovetnrnem Is not evidence
of lack of patriotism
I ware to repeat hear In America. di.
*Ereratent situ the pottcies of the fovern-
twerrt is not evidence of Ink of patriotism.
1wkv-d, ft b the very Tact that Americans
can criticise Weir dovernrarnt openly and
nithoal fest? Of ?lprtsat that Is the essence
of our freeeem, and that V'!11 veep as free.
f have eee find plea. Debate t Issue
famefal ty and etreroasty as "a have and as
!eti 9 7 will. but. phase. do it to a swab.
ttrat respeets The patriot ism and The nrotrres
of these who dlsat?ree swim you. as you
s'outd 4nnvet'hem respect pours.
hank 7af very rtrach, Colones.
QESgRVATIO7C Or TffE
REPUBLICAN LEADER'S TIME
Mr. BYRD. Mr. President. I "-
4111"M611 s ooaSWtt that the (fuse of
tfse tthstaw wished Republican ieadev
be reserved for bu use tiater in the
day.
The ACTIWG PRESIDENT pro ten-
pore. Without objection. It Is so or-
dered.
MOR? D O BUSINESS
The ACTING PREIDENT pro tem-
pore. Under the 4re%iotas girder, there
will now be a period for the transac-
tion of tnor'ting business not to extend
beyond 10 a.m. ttith Senators permit-
ted to speak therein for not la exceed
5 minutes.
The Senator from W isconsin.
LET'S STOP SHREDDTIJG OF
vrTAL NATIONAL SECURITY
DOCUMENTATION
Mr. PROXMIRE. Mr. President? to
listening to the Testimony of Colonel
North- Admlr?a7 Poindexter. and others
at the Iran Contra (hearings, I am re-
minded of a song written a few yew
ago by Lerner and Lane. 'Thesong title
was: Be Car. You Believe Me When
i Sal I hose Yoti Wnen You Know
I`Z?e Been a Lia- AI'. My Life"" Now, in
t.estimou,y before the Congress and the
country, these witnesses admit they
lied again and agair and again. And
why did they fie? To protect the Fres;-
dent. So doesn't It seem logical to
assume that when they are asked
mhcthe- they had e?.er told the Press
den: above the diversion ci profit:
from the Iran arms saic:. and whey
they know that if they answered ",ye:
I have told the President," it would
put their Commander in Chief in jeop-
ardy, that once again they would not
hest,itat.e to lie. if necessary, to protect
Pt, i- Ccrn-ra rder i-. Ct:icf"' Anr;
d,-.-.': is See: o rst e.mmg: li-l'e;t
t r:: some tumc in the long zucnths Of
tttk tranaw'tioa so dear to the R?eai-
denYs hear: that North or Poind(-jn4r
r t ::r s'c.u.J tsaf reprrtnd the tnith
tt'u er,r.a: trarrre to the Con-
t thFi rte?' Po'fls t:id,..tt t::at
tt.e T.e'r:car people believe that tl-,f-
Prt~,idCn is b.:.g whey. he Say& he did
sicn: knew about this 'dite.rsion of Iran
tnerte5 4s the Cootns. The evidence
proving or disproving this has been
art racked.
Would !Korth. Poindexter, and the
ethers 'fear that the written. docu-
rnented evidence would be likely to
expose Any lie they told under oath
before the Joint Ceraatittee as crietti-
.aai perjury and result in a sail sen-
t cies ,MaZ: be. But they -bad shredded
the rridesice meticulously. So, they're
taking a gamble. But isn't that the
'tame of the game they are playing?
Mr. President. It is time the Con-
gress stopped this practice of shred-
ding or dcatxoy ing critical ciocumerted
natk.na) security information to pro-
tect the President. I have tried to do
this before. But I failed. On November
21. 1996. I suggested to the office of
the Senate Democ atic Leader. RoanRr
SYRL that be call on Win iam 'Webster
then FBI Director to move at once to
locate. collect. .secure. catalog, and
safeguard all files. document& and
other materials related to the Iran
arms sate. the diversion of thew. funds
%e assist the Contra forces in Central
America and the use of Swiss bank ac-
counts for This purpose. Senator Beat?
agreed. Be wrote the FBI Director
Webster wraking the request that the
FBI assure the safeguarding of the
alocumentr.. Sc what happened" Tice
shredding went ahead anyway. The
dorument.s were destroyed. The Con-
gress and the country will never know
the truth
New Mr. President. this is a not the
first time this destruction of -uciai
documentation is! illegal activity by a
President or subordinate acting for
him 'has taker place. Tice same thing
happened in the Watergate case.
There too I tried to persuade our law
enforcement authorities to safeguard
critical material. But what happened'.
In Watergate too the shredding went
auerity on. destroying critical docu-
ments, essential to determine the
trt:t h
2.1r. Pre-. I, is time U f pia an
er:d to tr-: c_- vac for Pres;den (t tc.
a o,d aC:.OC_,' ti iuy for the'- ur.a;vfal
acts. Vi car. and should stop the
shredd:_n of al: relevant documerts.
Why- no:" Wet there are two objec-
tahn s we Vii'. certain(:' earountFr to
leg-s(ssic-r ti.o. a?c,-:d ai,:o:rr:.._ .
one s;:rt. pre =r:i sue: cr::::a oc?-
n_ Fes-, we w: be t. d
shredd.r,g n:us: oc- ur. W:_r' Be a i.'
if the Gc-tierrrnent d.d not oes;.rc?~ t.n-
colossa'. amount of paper generated in
tl-_is cii- we aauld Shortly be hli-Te-;
under a mountain of pe;ie-r H miles
high, covering net on'v. the D~S+rtc: of
Cci>u-nbi.. bit rnur.. of the
Tile firtswer 1-o int. 3L - Presiciect. is
a.s.ita.b in our rncv- iecl.nc,.c+n _;. We
O tier 9niti4sew of plerrt of &O1W-
rr.at,rx tc t s! ;~;r eom'- , chip E
infi-
nftf a c' d~ a'i(d d.,: umenta-
2rc,r. a L iur5E t the alit; that We
will rut a ; t of s;;.acc it we ,safeguard
critical mate-ii.,
Th( second ob -^cuon a: a taw safe-
truardint the material is that the in-
formation is too dtaarerous to preserve
at all, too sensitn'e. too threatening to
our national security and to true lives
of brave and patriotic Americans Who
are engaged in iatelligenoe act cities.
Of course this objection bas saerit.
But Is H beyond the capacitF ai this
co retry to proride a system of ti ly
safeguarding such information? It Is
one thing for a briefing officer to walk
Into a room and discuss classified in-
formation with a hundred or more
persons present. including elected offi-
cials and Presidentia115 appointed offi-
cials If that briefing officer discusses
tnfcumatior. thtrt-11 publicly re-
leased-Would endanger the life at
Americans or the national security, he
is taking a risk. Under such circum-
stances no system to safeguard the na-
tional, security or the lives of af-merl-
cans can be perfectly effective. But It
is far safer to place the information in
a secure place under lock and key and
guard, so the asfnrmativn can only be
released under carefully monitored cir-
cumstances Again, there is a risk- But
the risk can be much more 1-united.
And we can preserve the vital capacity
of the nation to preeettt unlawful con-
duct by our President or his agents.
For these reasons I serge the Inouye-
Hamilton committee to consider as
one of their recommendations a proce-
dure which. henceforth, will fully pro-
tect the documentation affe. ring the
foreign policy and national sec urit3
activities of our Presidents. We have
been burned twice now. Thirteen years
ago it was the Watergate shredding.
This time it is the tram-Contra shred-
ding. 11 we fail to act after These two
tragic experiences in which evidence
was deliberately destroyed, we can
count on s future President in 6 ,or ill
or 15 years from now to once again
give in to the temptation to use his
great power to violate a lam he doesn't
tike.
JULY GOLDEN FLEECE GGES TO
DEPARTMENT OF COMMERCE
b`_r. PROXMIR?. Mr. Pre dent, my
Gold&?n Fleece Award for the month
for July goes to the DoPLru:_er.: of
Cor _Mc roe for a sec no e; :_ pelf: ~ pt r-
r._ :_:?a low-L, sathor:tie_ two s- r,asma-.
age- f. federally fund-C.. re,o,','t loin
pregrstr that the foes eves on:e? wa'
htirt r.:he- t-hb . he:pf c and t:.: mi:
!fors-e:-er 9t, percent-o` the money
was lo*-_ In one case. ti 5.ilfrt was used
to hijack 45 jobs from ar.ather part of
the countr;;_ In ano'.hct. EDA s;.ood by
Rh;i- a f:(k.O0: k;ar war
fnttercd
away over It yen-b. ie vine the tnxpr!
ens with 751?.
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