REAGAN SAYS AIDES CAN TAKE THE 5TH

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP99-01448R000301220021-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 27, 2016
• Document Release Date: May 21, 2013
• Sequence Number: 21
• Publication Date: December 5, 1986
• Content Type: OPEN SOURCE

? Declassified and Approved For Release 2013/05/21 : CIA-RDP99-01448R000301220021-8
V/ED
Gil FA3E t - A ?
Reagan says
aides can
take the 5th
PHILADELPHIA INQUIRER
5 December 1986
In Congress.
plans for 2
special panels
By David Hess
and Patricia O'Brien
Inquirer Washington Bureau
WASHINGTON? President Reagan
yesterday defended the right of his
former aides to invoke the Fifth
Amendment against self-incrimina-
tion in the Iran arms-contra aid case,
despite his earlier assertions that
they should cooperate with congres-
sional investigators.
The President also said he would
not stand in the way of any cabinet
officers called to testify ifibey, too,
decided to invoke their constitu-
tional right not to answer questions.
Speaking to reporters during a pho-
to session with Costa Rican President
Oscar Arias, Reagan said he had not
"given any thought" to claiming ex-
ecutive privilege to prevent cabinet
secretaries from testifying.
He defended the action taken by
former national security adviser
John M. Poindexter and his aide, Lt.
Col. Oliver L. North, in exercising
their constitutional rights not to in-
criminate themselves, saying, "It is
not new or unusual ? it's happened
many times before ? that when
there is going to be an independent
counsel starting an investigation,
that individuals that have no access
to files or papers or time for prepara-
tion for questions, have done just
exactly the same thing, so that they
then can be witnesses for the investi-
gation."
Asked whether he would instruct
cabinet officials not to take the Fifth,
Reagan replied, "The individual will
have to make that decision for them-
selves, just as (North and Poindexterl
have, as to what they feel their situa-
tion is with regard to the fcasel."
The President's comments came as
House and Senate leaders moved to
establish special Watergate-style se-
lect committees to investigate the
allegations, starting early next year.
Incoming Senate Majority Leader
Robert C. Byrd (D., W.Va.) and Re-
publican leader Robert Dole of Kan-
sas announced they would name a
select, 11-member committee of six
Democrats and five Republicans,
with two other senators ? one from
each party ? serving as nonvoting
ex officio members.
In the House, Democratic leader
Jim Wright of Texas and Republican
leader Robert H. Michel of Illinois
said they were forming a 15-member
"blue-ribbon panel," including the
Democratic chairmen of five stand-
ing committees, to coordinate the
House investigation.
Both leaders said committee mem-
bers would be appointed no later.
than Dec. 15.
Dole said Reagan would decide to-
day whether to call Congress back
into session to get the investigations
moving, a plan that he supports but
that Byrd, Wright and Michel oppose.
Meanwhile, Sen. David Duren
ger (R., Minn.). chairmin 'Of the:Se-
lect Committee on Intelligence, said
aides of his committee had been, d1i-'.
patched around the country to sub-
poena additional documents and wit-
nesses for the widening
investigation.
"My impression is that when a case
like this comes up, everybody
reaches for the shredder or the ma-
nure pile or something," said Duren-
berger, adding that the committee
summonses were "-just judicious be-
havior to nail down" documents.
He refused to disclose which indi-
viduals or companies had been sub-
poenaed. But an attorney for Maule
Aircraft Corp. of Moultrie, :Ga., said
the committee had subpoenaed re-
cords on four airplanes, including
one reportedly sold to Nicaraguan.
rebels by a firm headed by retired
Air Force Maj. Gen. Richard V. Se-
cord.
Secord has been linked to a covert
arms airlift to the contras that may
have been funded by profits from the
Iranian arms sales. He has said his
company-owned Maule was sold to
the contras last year for S49,000.
Durenberger also reiterated the
committee's intention to call "cabi-
net members" ? including White
House chief of staff Donald T. Regan
? to testify.
Told of Reagan's comments about
invoking the Fifth Amendment, Du-
renberger said, "The only problem it
would cause with me is with the
President's credibility.... The Presi-
dent promised that everyone was go-
ing to be very open on this."
The committee is probing' reports
that North engineered ? with Poin-
dexter's knowledge ? the diversion
of as much as $30 million to Nicara-
guan rebels from the sale of U.S.
arms to Iran. At the time of the
diversion; Congress had expressly
banned American military assist-
ance to the rebels, known as contras.
Durenber er,spoke to reporters as
the panel heard closed-door testi:
mony fronTR? , ? Gates, deputy dl-
rector of , ?
that Gates did not ,plead the Fifth
Amendment.
Gates, at confirmation hearings be-
fore the intellIgence_panel in April,
defended the administration's in-
creasesl use of covert operations.
Gates said at the time he believed
that covert action was "an appropri-
ate Instrument ot tareign policy as
long as it is taken within a broader
context." He said that decisions on
commencing a covert program were
made by the National Rcurity Coun-
cil, with the CIA only implementing
fhp Xermons .
Since that time, administration of-
ficials have acknowleged that the
NSC had become deeply involved in
implementing covert operations as
well as creating them.
At the White House, Reagan's
newly named national security ad-
viser, Frank C. Carlucci 3d, who will
officially take office Jan. 1, told re-
porters he would not shrink from
offering the President his own ad-
vice on foreign policy as well as
passing along the counsel of others
involved with national security.
Referring to the furor over the
Iran-contra case, Carlucci also said
he would "make sure that all the
appropriate statutes and checks and
balances are implemented faithful-
ly" in carrying out Reagan's policies.
The President has maintained that,
while he had directed his NSC aides
to sell arms to Iran after approving
an order to do so in January, he had
not approved the scheme to siphon
money from the sales to the contras.
Meanwhile, Rep. Dante B. Fascell
(D., Fla.), chairman of the House
Foreign Affairs Committee, said he
would attempt to subpoena Regan to
testify next week ? a move that
could touch off a confrontation be-
tween the President and Congress.
The President could invoke execu-
tive privilege to protect his closest
White House adviser.
Regan has denied any knowledge
of the diversion of funds from the
Iranian arms sales to the contras.
House sources said yesterday that
Fascell would summon CIA Director
William J. Casey and former national
security adviser Robert C. McFarlane
to testify next week. McFarlane,_who
left his White House post a year ago,
traveled to Iran ia May ailleagan's
request in :an effort to (Ten lines of
communication with "moderate"
government officials there.
kitaaat
narinqcifiAd and Approved For Release 2013/05/21 : CIA-RDP99-01448R000301220021-8
4-" Declassified and Approved For Release 2013/05/21 : CIA-RDP99-01448R000301220021-8
The hearing will begin Monday
with unsworn testimony from Secre-
tary of State George P. Shultz. McFar-
lane will testify j the afternoon.,
followed by Poindexter on Tuesday
morning and Casey on Wednesday.
Aaron Epstein, William Arthur and
Ken Cooper of The Inquirer's Wash-
ington Bureau contributed to this ar-
ticle.
Declassified and Approved For Release 2013/05/21: CIA-RDP99-01448R000301220021-8