LETTER TO DANIEL K. INOUYE FROM DAVID L. BOREN AND WILLIAM S. COHEN

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CIA-RDP89T00142R000500670005-7
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January 29, 1987
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LETTER
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Sanitized Copy Approved for Release 2011/08/31: CIA-RDP89T00142R000500670005-7 oAYID L. .W en. u.. ..,...,...._..- yt WNLUAM S. COVEN. MAKIL VICE CHAIRMAN ATKICIL LEAKY. VERMONT WILLIAM V ROTH. JII. DELAWARE LLOYD MNTSiN. TEXAS DOWN HATCH, UTAH SAES NUNN. GEORGIA FRANK MURKOWSKI. ALASKA NEVADA PENNSYLVANIA SILL jMIST F NOLUIIW SOUTH CAROLINA ARLIN 1ECHT SPECTER. ERSEY CHIC CHIC H nit/`~/~EMS *atts ~5mate BILL BRAOIEr NEW J AWN CRANSTON. CALIFORNIA JOHN WARNER. VIRGINIA DENNIS ROBERT C. SYRO. WEST VKIGNRA EX OFFICIO ROBERT DOLL KANSAS IX OFFICIO SELECT COMMITTEE ON INTELLIGENCE WASHINGTON. OC 205 10-44 7 5 January 29, 1987 The Honorable Daniel K. Inouye Chairman Select Committee on Secret Military Assistance to Iran and the Nicaraguan Opposition United States Senate Washington, D.C. 20510 Dear Dan: Pursuant to Senate Resolution 23, transmitted herewith is the report prepared by the Select Committee on Intelligence summarizing the results of our preliminary inquiry into the sale of arms to Iran and the possible diversion of funds to the Contras. In accordance with the terms of Senate Resolution 23, the report describes in narrative form information which the Committee was able to learn during the course of its study and identifies areas of inquiry that the Committee believes should be among those pursued by the Special Committee. In transmitting this report to your Committee, we would like to share briefly with you the limited objectives of the Committee, a sense of how the Intelligence Committee conducted the inquiry upon which the report is based, and where we stand in terms of gathering relevant information. At the outset, it should be emphasized that the study by the Intelligence Committee was necessarily limited, both in scope and in time. It was never the goal or the mandate of the Intelligence Committee during this initial phase to conduct a definitive investigation into this complex matter. Rather, the .Intelligence Committee undertook its inquiry pursuant to its responsibility for oversight of the nation's intelligence activities. Furthermore, we sought to gather as much information as possible while recollections were fresh and to collect in one place as many documents as possible that would be pertinent to any future comprehensive investigation. In addition, it was our hope that this preliminary work would help the new Committee to accomplish its task more quickly insofar as some of the groundwork would have been done. The Intelligence Committee, we believe, succeeded in accomplishing this goal. For all intents and purposes, the Committee commenced its inquiry on December 1 by issuing subpoenas to 15 individuals and entities, as Nell as at series of invitations to appear, and concluded the information gathering process on December 18. Sanitized Copy Approved for Release 2011/08/31: CIA-RDP89T00142R000500670005-7 Sanitized Copy Approved for Release 2011/08/31: CIA-RDP89T00142R000500670005-7 The Honorable Daniel K. Inouye January 29, 1987 Page Two During this period, the Committee received testimony from 36 witnesses and received thousands of pages of documents. While it was impossible to include all details of documents and all information received because of constraints of time and resources, nonetheless, the complete record of information received, including any additional data which was received after December 18, is herewith transmitted to the Special Committee in addition to our report. While documents and testimony received by the Committee during the course of its study of this matter were voluminous, the work of our Committee was only preliminary in nature for a number of reasons related primarily to the time constraints described above. First, a number of potentially useful witnesses could not be called by the Committee or were out of the country and therefore unable to testify. Secondly, while a total of 36 witnesses appeared before the Committee, such key witnesses as Admiral John Poindexter, Lieutenant Colonel Oliver North, Retired Major General Richard Secord, Retired Colonel Robert Dutton, and Colonel Robert Earl asserted their constitutional rights and declined to testify. Director of Central Intelligence William Casey appeared before the Committee just before this inquiry was commenced and before the full scope of the situation was known by the public or by the Committee, and prior to his unfortunate illness. Accordingly, his testimony was general in nature and was not under oath. Third, because of the pressure of time, the witnesses that appeared before the Committee did so without the benefit of prior interviews. Obviously, from an investigative standpoint, this precluded a comprehensive examination. And, when the witnesses did testify, consistent with the Committee's objectives, the questioning was geared toward information gathering purposes rather than toward prosecution and confrontation. Fourth, except in two instances, witnesses were not recalled to be questioned. regarding information acquired by the Committee subsequent to their initial appearance. Any such information or documents, of course, are included in this transmittal to the new Special Cc-' iccee. Fifth, again consistent with the Committee's i^f-)rmation gathering purposes, subpoenas were narrowly drawn. Co^seluently, there may still be documents that we h,rv- -ant obtained that would be helpful to you. And, while the- staff nas reviewed the vast majority of documents that :,;.!re receiveJ by the CoTmi tt?e, including all documents received -iron pidic sources, time constraints Sanitized Copy Approved for Release 2011/08/31: CIA-RDP89T00142R000500670005-7 Sanitized Copy Approved for Release 2011/08/31: CIA-RDP89T00142R000500670005-7 The Honorable Daniel K. Inouye January 29, 1987 Page Three have prevented a detailed analysis of'all documents from private sources. Finally, as noted above, new information has come to light since the close of the fact finding period with respect to which the Committee could not follow up if it was to complete this report to the new Special Committee. This includes information both reported in the media and contained in documents that are still being delivered to the Intelligence Committee in response to our subpoenas. It was felt that since the new Special Committee has now been charged with overall responsibility for the investigation, this information should simply be transmitted to the new Committee rather than subjecting it to analysis by the Intelligence Committee. As noted above, the Committee heard testimony from 36 witnesses and gathered thousands of pages of documents from both public and private sources. When witnesses testified before us, they did so behind closed doors and before only Senators and limited Committee staff. The Committee was careful to sequester witnesses as a precaution against coordinated or otherwise compromised testimony. Again, our goal was to preserve the record for any future investigation. With respect to the report itself, we have attempted to set forth information receiv.ed by the Committee in an objective manner, without evaluation." We believe that this is necessary because any conclusions based upon such inherently limited fact finding would be necessarily premature. Therefore, the report seeks solely to be an accurate and fair representation of the information which has been presented to us. We have tried to indicate where there are discrepancies in testimony about specific events or decisions and where there are gaps in the information that we have learned. Indeed, it is evident that this preliminary inquiry cannot provide a final resolution to the fundamental questions facing the new Special Committee. Because so much attention has been given to earlier staff drafts of reports which were not approved by the Intelligence Committee, we would like to touch briefly on why this report has been adopted by the Committee. First, the Committee believes that its report should be primarily a summary of the information that we have gathered and that it could not appropriately reach conctus ns ur findings because of its preliminary nature, other than to note discrepancies Sanitized Copy Approved for Release 2011/08/31 : CIA-RDP89T00142R000500670005-7 Sanitized Copy Approved for Release 2011/08/31: CIA-RDP89T00142R000500670005-7 The Honorable Daniel K. Inouye January 29, 1987 Page Four and gaps and to identify areas of inquiry which might merit future consideration by your Committee. We believe that this report accomplishes that goal. Secondly, since January 6, the testimony of a dozen witnesses has been transcribed and made available for preparation of this report and thousands of pages of documents which had not been previously indexed and reviewed, have now been analyzed. While much of this information does not dramatically change the thrust of the report, some of the information is clearly useful. If some of the documents which were in our possession had not been reviewed and analyzed before the issuance of a report, such an omission could have adversely affected the credibility of the Committee's work. What we are presenting to you is, as we indicated, still necessarily incomplete. We believe, however, that it is as complete and consistent as it can be based upon the information made available to us. This report describes the essence of much of the documents and testimony that we have gathered, and it is our hope and belief that the report, along with the documents and testimony transmitted herewith, will provide a useful tool to your Committee staff as you begin your work. We look forward to working with you in this vital endeavor to determine all the facts regarding this matter and the implications for our national security and our foreign policy decision making process. If the Members or the staff of the Senate Select Committee on Intelligence can be of any assistance to you in the upcoming weeks and months, please do not hesitate to call upon us. Sincerely, Sanitized Copy Approved for Release 2011/08/31 CIA-RDP89TOO142R000500670005-7 Sanitized Copy Approved for Release 2011/08/31: CIA-RDP89T00142R000500670005-7 Report on Preliminary Inquiry January 29, 1987 ~;~ Sanitized Copy Approved for Release 2011/08/31: CIA-RDP89T00142R000500670005-7 Sanitized Copy Approved for Release 2011/08/31: CIA-RDP89T00142R000500670005-7 INTRODUCTION In response to public and private reports and in accordance with its responsibility for oversight of the nation's intelligence activities, the Senate Select Committee on Intelligence on December 1, 1986 undertook a preliminary inquiry into the sale of arms to Iran and possible diversion of funds to the Contras. It was not the goal of the Committee to conduct a definitive investigation into this complex matter. Rather, the Committee sought only to gather as much information as possible while recollections were fresh and to collect in one place as many relevant documents as possible. Accordingly, two objectives were served: first, the Committee learned a great deal of information that will be extremely useful in the future as the Committee continues to perform its intelligence oversight function; and, secondly, testimony and documents have been preserved that the Committee hopes will contribute to the Select Committee on Secret Military Assistance to Iran and the Nicaraguan opposition as it performs its investigative function. As a result, the Select Committee should be able to save time by moving more rapidly through the preliminary stages of its investigation and thereby get the facts to the American public that much sooner. Consistent with these twin objectives, and pursuant to Senate Resolution 23 (100th Congress), this report is in two parts: first, Section I summarizes in narrative form the information given to the Committee during the course of its inquiry which the Committee believes is materially relevant to the mandate of Senate Resolution 23. Since the fact finding of the Committee encompassed only 18 days, this narrative is necessarily incomplete and thus endeavors only to provide a general chronological framework of events derived from the documents and testimony received by the Committee. Secondly, again consistent with Senate Resolution 23, Section II sets forth certain unresolved questions and issues that the Committee recommends be pursued by the Select Committee. 11 Sanitized Copy Approved for Release 2011/08/31: CIA-RDP89T00142R000500670005-7 Sanitized Copy Approved for Release 2011/08/31: CIA-RDP89T00142R000500670005-7 THE IRAN INITIATIVE Origins The Committee's inquiry suggests that the Iran initiative originated as a result of the confluence of several factors including: - A reappraisal of U.S. policy toward Iran by the National Security Council, beginning in late 1984, with special emphasis on building a constructive relationship with moderate elements in Iran; - Deep concern at the highest level of the U.S. Government over the plight of American citizens held hostage in Lebanon; - Israel's strong and continuing interest in furthering contacts with Iran; - Efforts on the part of private parties, including international arms dealers and others. Reappraisal of U.S. Policies The formal reappraisal of U.S. policy toward Iran began in late 1984 when the National Security Council issued a National Security Study Directive (NSSD). An NSC official involved in the policy review testified that he was disappointed with the bureaucracy's lack of imagination in responding to this study directive and with the absence of any recommendation for change in policy. In May 1985, the CIA National Intelligence Officer for the Middle East prepared a five-page memo which went to the NSC and the State Department, arguing for a change in U.S. policy that would seek a more constructive relationship with Iranian leaders interested in improved ties with the West. The memo argued in part that the U.S. could permit allies to sell arms to Iran as one of the alternative means of establishing Western influence so as to offset growing Soviet inroads in Iran. Apparently using the arguments in this memo two members of the NSC staff then prepared a draft National Security Decision Directive (NSDD) which proposed a departure in U.S. policy toward Iran. Describing the Iranian political environment as increasingly unstable and threatened by Soviet regional aims, the draft NSDD stated that the U.S. is compelled to undertake a range of short and long term initiatives to include the provision of selected military equipment to increase Western leverage with Iran and minimize Soviet influence. National Security Adviser Robert McFarlane transmitted the draft NSDD on June 17, 1985 to Secretaries Shultz and Weinberger for their comment. State Department logs and Secretary Shultz's testimony indicate that he responded in writing on 29 June that the proposed policy was "perverse" and "contrary to our own Sanitized Copy Approved for Release 2011/08/31 CIA-RDP89T00142R000500670005-7 Sanitized Copy Approved for Release 2011/08/31: CIA-RDP89T00142R000500670005-7 2 interests." Weinberger made the following comment in the margin of the draft, "This is almost too absurd to comment on." According to Weinberger's testimony and that of Assistant Secretary of Defense Armitage, Weinberger responded in writing opposing such sales. The Hostage Factor Testimony by several senior Administration witnesses indicate that during 1985, the Administration was occupied on a regular basis with matters relating to terrorism and the state of U.S. hostages. In particular, documents and testimony reflect a deep personal concern on the part of the President for the welfare of U.S. hostages both in the early stages of the initiative and throughout the program. The hostages included William Buckley, a U.S. official in Lebanon. Information was received that in late 1985 the Syrians informed Ambassador Vernon Walters that Buckley's Iranian captors had tortured and killed him. The reports indicate that this information was conveyed to Vice President Bush who found it very distressing. The possibility of the release of U.S. hostages was brought up repeatedly in conjunction with discussion of the program. Israeli Interests According to documents and testimony received by the Committee, Israel had a strong interest in promoting contacts with Iran and reportedly had permitted arms transfers to Iran as a means of furthering their interests. A series of intelligence studies written in 1984 and 1985 described Israeli interests in Iran. These studies also reported Israeli shipments of non-U.S. arms to Iran as well as the use of Israeli middlemen as early as 1982 to arrange private deals. involving U.S. arms. In an interview with the Chairman and Vice Chairman of the Committee on November 21, 1986, National Security Adviser John Poindexter described Israel's interests in much the same terms. McFarlane testified that he was never informed by CIA that Israel had been engaged in such activities during 1981-85. In fact, McFarlane, prompted by news accounts of such activity on the part of Israel, asked the CIA -- and the DCI specifically -- several times whether the news reports were true. He was told they were. not. McFarlane testified that if he had known that the Israelis had previously shipped arms to Iran it would have made him less responsive to later Israeli proposals to resume shipments. However, in his first cable to Shultz in the matter, he stated that it was obvious to him the Israeli channel into Iran had existed for some time. One of the NSC staffers who drafted the NSDD testified that he was aware of allegations that Israel was selling arms to Iran but discounted such reports because he believed they failed to offer conclusive evidence and because Prime Minister Peres had assured the U.S. that there was no such trade. Sanitized Copy Approved for Release 2011/08/31: CIA-RDP89T00142R000500670005-7 Sanitized Copy Approved for Release 2011/08/31: CIA-RDP89T00142R000500670005-7 Private Parties Documents and testimony indicate that Adnan Khashoggi and other international arms dealers, including Manucher Ghorbanifar, were interested in bringing the U.S. into an arms relationship with Iran, and had discussed this at a series of meetings beginning in the summer of 1984 and continuing into early 1985. These discussions reportedly included the idea of an "arms for hostages" deal in part as a means of establishing each country's bona fides. Khashoggi reportedly met with various leaders in the Middle East to discuss policy toward Iran during this same period. In July 1985 Khashoggi sent McFarlane a lengthy paper he had written dealing with the political situation in Iran. McFarlane testified that he did not recall seeing these papers, but indicated the existence of prior "think pieces" Khashoggi had sent him on the middle East. A staff member of the NSC testified that McFarlane gave the Khashoggi paper to another NSC staffer. Michael Ledeen, a professor at Georgetown University, and a part-time NSC consultant beginning in February 1985, appears to have played a key role in the initial contacts between the U.S. and Israel vis-a-vis Iran. According to Ledeen, while on a trip to Europe in April 1985, he spoke with a European intelligence official who had just returned from Iran. The official characterized the internal situation in Iran as more fluid than previously thought, and suggested it was time for the U.S. to take a new look at Iran. He said that the U.S. should discuss this with the Israelis, who the official believed were unusually well-informed about Iran. According to testimony by McFarlane, Ledeen apprised McFarlane of a forthcoming trip Ledeen planned to Israel and asked whether he was interested in knowing whether Israel had any Iranian contacts. McFarlane testified that he responded affirmatively. McFarlane stated that he was aware that Ledeen was a friend of Israeli Prime Minister Peres. Ledeen testified that he talked to McFarlane in April 1985 about the possibility of raising contacts with Iran with the government of Israel and that McFarlane agreed, and requested specifically that Ledeen get Israel's perspective on fighting Iranian terrorism. According to Ledeen, he traveled to Israel on 4-5 May 1985, and discussed the situation in Iran with Prime Minister Peres. Peres referred Ledeen to a retired Israeli intelligence official who agreed with Ledeen that both countries needed to work together to improve their knowledge of Iran. Ledeen testified that he reported his talks in Israel to McFarlane in mid-May, and that McFarlane subsequently arranged to task the Intelligence Community to produce a Special National Intelligence Estimate (SNIE) on Iran. Secretary of State Shultz learned of Ledeen's activities and, in a message dated 5 June, complained to McFarlane that Sanitized Copy Approved for Release 2011/08/31: CIA-RDP89T00142R000500670005-7 Sanitized Copy Approved for Release 2011/08/31: CIA-RDP89T00142R000500670005-7 4. Ledeen's contact with Israel had bypassed the Department of State. Shultz noted that Israel's agenda regarding Iran "is not the same as ours" and that an intelligence relationship with Israel concerning Iran "could seriously skew our own perception and analysis of the Iranian scene." He added that we "are interested to know what Israel thinks about Iran, but we should treat it as having a bias built in," and concluded that this initiative "contains the seeds of...ser.ious error unless straightened out quickly." McFarlane responded in a cable of June 7 that Ledeen had been acting "on his own hook." With regard to the Iran initiative, McFarlane stated "I am turning it off entirely," but added "I am not convinced that that is wise." On June 14, 1985, TWA Flight 847 was hijacked. According to testimony by white House Chief of Staff Donald Regan, McFarlane mentioned the possibility of requesting use of the Israeli channel to Iran in briefings to the President during the crisis. Regan said that this was his first awareness of any such contacts. According to testimony by McFarlane, on July 3, 1985, David Kimche, Director General of Israel's Foreign Ministry and a former intelligence officer, contacted McFarlane and reported to him that Israel had succeeded in. establishing a dialogue with Iran. Kimche stated that as a result of growing concerns with Soviet pressures, Iranian officials had asked Israel to determine whether the US would be interested in opening up political talks with Iran. According to McFarlane, Kimche stated that the Iranians understood US concerns regarding their legitimacy and therefore had proposed to use their influence with radical elements holding US hostages in Lebanon. Although there was no specific Iranian request for arms, Kimche admitted to the possibility that the Iranians might raise the arms issue in the future. In a cable from McFarlane to Shultz on July 14, 1985, McFarlane stated that the proposal had also been raised several weeks earlier by Peres to Ledeen. In the cable., McFarlane said that he had instructed Ledeen to say we did not favor such a process. McFarlane also reported that Kimche, on instructions from Peres, had come to inquire about the US disinclination to pursue the initiative and ask McFarlane to take up the proposal with appropriate authorities. Then on July 14, "a private emissary" from Prime Minister Peres came to press the point. McFarlane further noted to Shultz the advantages and disadvantages of the Kimche proposal, and gave a positive assessment of the Iranian channel based upon his confidence in his Israeli contacts. Finally, he stated that in the short term seven hostages might be released and therefore that he tended to favor going ahead. Shultz responded to McFarlane by cable the same day, noting that the US should make a tentative show of interest without Sanitized Copy Approved for Release 2011/08/31: CIA-RDP89T00142R000500670005-7 Sanitized Copy Approved for Release 2011/08/31: CIA-RDP89T00142R000500670005-7 making any commitment and should listen and seriously consider the idea of private US-Iran relations. Shultz stated that McFarlane should manage the initiative, while making it known to the Israelis-that McFarlane and Shultz would be in close contact and full agreement at every step. McFarlane testified that he visited the President in the hospital on either July 13 or 14, 1985.- According to testimony by Regan, he also attended the meeting and believes that it occurred three days after the President's operation (i.e., July 16 or 17). Regan further testified that at the meeting McFarlane requested the President's authority to use an Israeli contact with an Iranian as a channel to higher-ups in Iran. According to Regan, McFarlane was vague about the specifics of the plan, and the President then questioned McFarlane on his confidence in the Iranian contact, Ghorbanifar. Regan testified that McFarlane defended Ghorbanifar on the basis of Israeli assurances and the President authorized McFarlane to explore the channel. Regan testified that it was his own opinion that the release of hostages would have been a collateral benefit of such an opening. McFarlane testified that the plan he conveyed to the President was essentially what Kimche had suggested. McFarlane stated that he told the President that he would not be surprised if arms entered into the relationship later. According to McFarlane, the President was enthusiastic about the opening, hoped it would lead to the release of hostages, and authorized McFarlane to explore the plan. In his testimony, McFarlane categorically denied any discussion of Ghorbanifar with the President, recalling that it was only in December that McFarlane became aware of Ghorbanifar's identity. It should be noted, however, that McFarlane made reference to Ghorbanifar in his July 14 cable to Shultz describing the proposal. In describing his contacts with the emissary from Peres and Kimche, McFarlane stated that the Iranian officials named in the context of the proposal are an ayatollah and "an advisor to the Prime Minister named Ghorbanifar." Meanwhile, according to testimony by Ledeen, in early July he was called by Kimche who said a friend, Al Schwimmer, was coming to Washington and wanted to talk to Ledeen. Ledeen testified that he met with Schwimmer in early July. Schwimmer recounted a meeting he had attended a week or two before in Europe with Kimche, Khashoggi and Ghorbanifar. Schwimmer said Ghorbanifar had a lot of useful information about the situation in Iran and that Ledeen should meet him as soon as possible. According to Ledeen he reported his meeting with Schwimmer to McFarlane. Ledeen told McFarlane he was going to Israel on vacation from mid-July to mid-August, and would, if McFarlane thought it appropriate, meet Ghorbanifar. Ledeen testified that McFarlane agreed. Sanitized Copy Approved for Release 2011/08/31: CIA-RDP89T00142R000500670005-7 Sanitized Copy Approved for Release 2011/08/31: CIA-RDP89T00142R000500670005-7 Ledeen met Ghorbanifar in Israel in late July. Kimche, Schwimmer and Yaacov Nimrodi, an arms dealer and former Israeli military attache in Tehran, also attended. At the meeting Ghorbanifar gave what Ledeen described as "a great quantity" of information on Iran. Ledeen testified that Ghorbanifar said that if relations between Iran and the US were to improve, each side would have to send the other clear signals about its seriousness, and that the Iranian signal could be a release of the hostages in Lebanon (referring specifically to U.S. Government official William Buckley) and cessation or moderation of Iran-sponsored terrorism. According to Ledeen, Ghorbanifar said that for the US, the only convincing gesture would be to help Iran buy weapons it otherwise could not obtain. According to documents received by the Committee, Kimche phoned McFarlane on July 30 to request an August meeting. According to testimony by Shultz, Kimche and McFarlane met at the beginning of August 1985, at which Kimche indicated that the Iranians not only wanted "a dialogue with America" but also wanted arms from the US and TOW anti-tank missiles from Israel. In return the Iranians could produce hostages. The August-September Shipment of TOWS On August 8, 1985 at a meeting of the National Security Planning Group in the White House residence, McFarlane, with Poindexter, briefed the President, the Vice President, Shultz, Weinberger, Regan,-and Casey on the Kimche proposal to permit the sale of TOWS to Iran through Israel. There is a divergence of views as to whether approval was granted for the Israelis to ship arms to Iran either at that meeting or subsequent to it. There is also conflicting testimony on which of the participants supported the proposal, although opposition to the plan by Shultz and Weinberger is clear. According to testimony by Regan, the President declined to authorize-the sale of TOWS because of misgivings about Ghorbanifar's credentials and'influence in Iran. Regan testified that the other participants agreed it was premature to get involved in arms sales to Iran. McFarlane, on the other hand, testified that Ghorbanifar's name never came up at the August meeting. In a November 1986 interview in conjunction with the Attorney General's inquiry, Shultz "dimly recalled" a meeting at the White House residence in August on the subject of an Israeli shipment of TOWS to Iran. In his testimony before the Committee in December, however, Secretary Shultz said there was a meeting on August 6, 1985 where McFarlane briefed the President on an Israeli request for U.S. replenishment of Israeli TOW missiles proposed for shipment to Iran. In return, according to Shultz, the U.S. was to get four hostages and the entire transaction would be deniable. Shultz said he opposed the proposal, but the President did not make a decision. . 11 Sanitized Copy Approved for Release 2011/08/31: CIA-RDP89T00142R000500670005-7 Sanitized Copy Approved for Release 2011/08/31: CIA-RDP89T00142R000500670005-7 7 According to testimony by McFarlane, the transfer was supported by Casey, Regan, and Bush while Shultz and Weinberger opposed it. McFarlane testified that subsequent to the meeting President Reagan approved the Israeli request to ship arms to Iran and to purchase replacements from the U.S. Presidential approval was on the condition that the transfers would not contribute to terrorism or alter the balance of the Iran-Iraq war. Although there is no written record of a decision at this time, McFarlane testified that the President informed Shultz, Weinberger and Casey of his decision. According to his testimony, McFarlane believed at the time that the President's decision constituted an "oral Finding," which was formally codified on January 17 in a written Finding. McFarlane testified that when he and Attorney General Meese discussed the legality of an oral Finding November 21, 1986, Meese told him that he believed an oral, informal Presidential decision or determination to be no less valid than a written Finding. According to documents received by the Committee, McFarlane, when interviewed by Meese, made no mention of Presidential approval of the TOW shipment of August-September 1985 or of an "oral Finding." McFarlane did tell Meese that he told Kimche at a December 1985 meeting in London that the U.S. was disturbed about the shipment of TOWs, and could not approve it. One White House Chronology prepared in November 1986 simply notes. that McFarlane conveyed to Kimche a Presidential decision that a dialogue with Iran would be worthwhile. However, a second White House chronology presents conflicting accounts about whether the U.S. acquiesced in the Israeli delivery of 508 TOWs to Iran on August 30. According to testimony by McFarlane, Israel did not feel bound to clear each specific transaction with the U.S. Israel proceeded on the basis of a general authority from the President based on a U.S. commitment to replace their stocks. Also, Israel's negotiations on hostages would not necessarily require U.S. approval. According to testimony by Ledeen, when he returned to the US in mid-August, 1985, McFarlane informed him that the program of contact with Iran would go forward and that a test of the kind Ghorbanifar had proposed would occur. Accordingly, McFarlane told Ledeen to work out arrangements with Kimche for receipt of the hostages. McFarlane said he believed at this time that the sale of TOWS would secure the release of all US hostages. Ledeen testified that he attended a meeting in Paris on September 4 with Kimche, Ghorbanifar, Schwimmer and Nimrodi. The discussions were in two parts: (1) technical questions about transfers of weapons from Israel to Iran and getting the hostages out of Lebanon; and (2) conversation with Ghorbanifar about I Sanitized Copy Approved for Release 2011/08/31: CIA-RDP89T00142R000500670005-7 Sanitized Copy Approved for Release 2011/08/31: CIA-RDP89T00142R000500670005-7 8 events in Iran. Ghorbanifar told them they would soon see public statements by leading Iranian officials making clear their intention to improve US-Iranian relations. Subsequently, according to testimony by Ledeen, in the second week of September on the anniversary of the Iranian revolution, the President and Prime Minister gave speeches in which the Soviets were attacked, but not the U.S. Ledeen saw this as "in accordance with" Ghorbanifar's prediction. According to testimony from a senior CIA analyst, in early September, 1985 Ledeen provided him with information on Iranian-sponsored terrorism and on Ghorbanifar. According to this analyst, this was the first time Ledeen had identified Ghorbanifar by name to the CIA. According to testimony by Ledeen, the subject of Ghorbanifar's bona fides first came up in September 1985. However, Shultz testified that he saw an intelligence report on July 16, 1985, two days after he cabled McFarlane from Geneva,.which indicated that Ghorbanifar was a "talented fabricator." Ledeen testified that he knew that the CIA was suspicious of Ghorbanifar_, and that Ghorbanifar had raised the subject himself, in one of their meetings. According to testimony by Ledeen, it appeared to him that Ghorbanifar's credentials were well-documented. The Committee received testimony and documents, however, indicating that the CIA had long been aware of Ghorbanifar's suspect character. In August 1984 CIA had issued a notice to other government agencies warning that Ghorbanifar was a fabricator. Documents indicate CIA was aware, of one instance in which Ghorbanifar had reportedly offered to provide intelligence on Iran to a third country in return for permission from the third country to continue the drug smuggling activities of Ghorbanifar's associates with the country concerned. According to the CIA analyst, North called him on September 9, 1985 and requested increased intelligence collection on Lebanon and Iran. North told him there was a possibility of release of American hostages. In mid-September North asked him for intelligence collection on specific individuals in Iran who were in contact with American officials. North later gave him a very restricted distribution list for the intelligence collected, which specifically left out the Department of State. North said Shultz would be briefed orally by McFarlane. As the intelligence began to come in, this senior CIA analyst did not understand all the parties involved. However, he felt the intelligence clearly showed that hostages and some form of arms sales were involved. According to documents received by the Committee, the shipment of 508 TOWs left Israel on August 30, 1985 transited a third country and arrived in Iran on September 13. North later asserted to Meese that he was totally unaware of the TOW shipment at the time it occurred. He believed he first learned of it in a November 25 or 26 conversation with Secord while in Tel Aviv. North also claimed that he did not know who had otherwise been rn- .-...~ ...~, ~... Sanitized Copy Approved for Release 2011/08/31: CIA-RDP89T00142R000500670005-7 Sanitized Copy Approved for Release 2011/08/31 : CIA-RDP89T00142R000500670005-7 9 aware of the shipment. McFarlane told Meese that he thought he learned of the shipment from Ledeen. He then informed the President, Shultz, Weinberger, and Casey, but noted that the shipment had not achieved the objective of release of all the hostages. According to McFarlane, there was no official contact between the U.S. and Israeli governments regarding the shipment. On September 15, 1985, the Reverend Benjamin Weir was released from his captivity in Lebanon. According to testimony received by the Committee, there was reason to believe at the time that Ghorbanifar played a direct role in the event. In addition, Ledeen testified that it was clear to the Israelis that there was a causal relationship between the September arms shipment and Ghorbanifar's role in it and the release of Weir. The view that the Iranians helped to secure Weir's release appears to have been shared by McFarlane. It should be noted that the Committee also received testimony inconsistent with this description of events. Secretary of Defense Weinberger testified in response to a specific question that he knew nothing about any connection between the release of Weir and Israeli arms sales to Iran. Regan testified that McFarlane told the President -- in his presence -- that the Israelis, "damn them," had sold 500 TOWS to the Iranians without U.S. knowledge. Regan further testified that he, the President, McFarlane and Poindexter decided to "ignore" the incident except to "let the Israelis know of our displeasure" and "keep the channel open." According to Regan's testimony, this shipment of arms to Iran was not sanctioned by the U.S. government. One White House chronology states that after discussing the matter with the President, it was decided not to expose the action, thus retaining the option of "exploiting the Israeli channel to establish a strategic dialogue." The testimony of McFarlane is inconsistent with that of Regan. McFarlane in testimony, disputed Regan's characterization of his reaction to the TOW shipment and denied that the President had ever expressed disapproval of the Israeli action. McFarlane testified that the President was "elated" at Weir's release and denied that the President had ever instructed him to reproach the Israelis. According to evidence received by the Committee, concurrently with the arms shipment and hostage release -- and perhaps connected with both -- was an airplane flight out of Tabriz, Iran which made an emergency landing in Tel Aviv. Ghorbanifar was very interested in this event, and a CIA analyst studying the situation was convinced that there was a correlation between Ghorbanifar, the aircraft flight to Tel Aviv, and the release of Weir. The Committee has not established that there was a correlation between these events. Sanitized Copy Approved for Release 2011/08/31: CIA-RDP89T00142R000500670005-7 Sanitized Copy Approved for Release 2011/08/31: CIA-RDP89T00142R000500670005-7 The November 1985 Shipment of HAWKS After the first shipment of TOWs, Ledeen continued to be active. He held meetings in the Fall of 1985 with Kimche, Schwimmer, Ghorbanifar, and Nimrodi. These meetings reportedly dealt with intelligence on the situation in Iran and who might want to cooperate with the U.S. Ghorbanifar also discussed the offer to get hostages released and the weapons that Iran needed, including HAWK missiles. Iran demanded an arms shipment before each release while the United States and Israel pushed for release in advance of any further arms shipments. It is clear from testimony that the Iranians believed the new channel with the U.S. would be productive. For example, they appeared to expect to receive sophisticated weaponry such as Phoenix and Harpoon missiles at some point in the future. Ledeen testified that he briefed McFarlane on these meetings. He stated that this was a promising channel to pursue but that if it continued on an arms for hostages basis, it would be difficult to determine Iran's motives. Ledeen also suggested that if the program were to continue there was a need to bring in an intelligence service. Ledeen said McFarlane had a "bad feeling" about the program and was going to stop it. McFarlane testified that on November 17, while in Geneva for the Summit, he received a call from Israeli Defense Minister Rabin. Rabin requested assistance in resolving difficulties Israel was having in a shipment of military equipment through a European country onward to Iran. McFarlane told the Committee that he called Colonel North, briefed him on the President's August 1985 decision, and requested that he contact Rabin and offer assistance. According to notes from the Attorney General's Inquiry, North said he suspected that the Israeli shipment McFarlane mentioned consisted of U.S. arms. Reportedly, North told Meese that he called Rabin and was told Israel was having difficulty in getting clearance for a flight to a European country. Rabin told him the flight involved moving "things" to support a U.S. rapprochement with Iran. North said he then contacted retired Air Force Major General Richard Secord, whom he described as a close personal friend, for assistance. Secord was to try to arrange a large cargo aircraft of neither U.S. nor Israeli origin for the flight. McFarlane testified that North called him in Geneva to explain the problem. The Israelis had failed to make proper customs arrangements for a flight to the European country. Further, the only aircraft they had available was an El Al plane, which was believed unsuitable because of national markings and documentation.' McFarlane testified that North told him McFarlane might have to call the Prime Minister of the European country to Sanitized Copy Approved for Release 2011/08/31: CIA-RDP89T00142R000500670005-7 Sanitized Copy Approved for Release 2011/08/31: CIA-RDP89T00142R000500670005-7 11 get the necessary approval. McFarlane stated that he did so, explaining to the Prime minister that a transfer from Israel to Iran was in progress and that the U.S. Government would appreciate assistance. North also contacted a CIA official and obtained CIA's support in trying to arrange the necessary flight clearances. A White House electronic message from North to Admiral Poindexter on November 20 indicates that North had a detailed understanding of the HAWK plan by that time. This message indicates that Israel would deliver 80 HAWKs to the European country November 22 for shipment to Tabriz; five U.S. hostages would then be released to the U.S. Embassy in Beirut; $18 million in payment had already been deposited in appropriate accounts; retired USAF Major General Richard Secord would make all arrangements; and replacements would be sold to Israel. According to documents received by the Committee, North continued to keep Poindexter informed on a daily basis about plans for an impending shipment of HAWK missiles to Iran and the release of American hostages. The Committee received evidence that McFarlane contacted Secretary of State Shultz and Donald Regan and advised them that hostages were to be released and some type of arms were to be transported to Iran by Israel. This evidence indicates that McFarlane told Regan and Shultz that Israel would buy replacements for these arms from the United States. While Shultz was advised that HAWK missiles were involved, Regan said that he was informed of this fact sometime later. Regan testified that McFarlane informed the President in Geneva that some type of arms shipment was being considered, and that if the operation were successful, hostages might be freed. Shultz expressed reservations to McFarlane, but according to Shultz, was told by McFarlane that he had cleated it with the President. 'After many communications between Washington and this European country, efforts to obtain flight clearances failed. Secord was central to the effort to obtain flight clearances. U.S. officials in the European country were instructed to expect to be contacted by a Mr. "Copp" and to cooperate with him. The messages between CIA Headquarters and the European capital indicate Secord was essentially directing the effort to make arrangements for the flight. Several witnesses testified that North then asked the CIA to identify a charter aircraft that might be used. In response, CIA proposed using its proprietary aircraft and advised the company to accept this NSC related mission. The CIA proprietary flew from Israel in the latter part of November, carrying 18 HAWK missiles identified as oil drilling spare parts. According to testimony received by the Committee, Sanitized Copy Approved for Release 2011/08/31: CIA-RDP89T00142R000500670005-7 Sanitized Copy Approved for Release 2011/08/31: CIA-RDP89T00142R000500670005-7 12 there was speculation at the CIA that the cargo was actually arms. When queried by nations responding to requests for overflight clearances as to the nature of the cargo, the CIA office again asked North, who reaffirmed that the flight was carrying oil drilling equipment and was on a humanitarian mission. According to copies of cables received by the Committee, in order to overcome reservations of some countries to granting flight clearances, U.S. officials in certain cases were authorized to inform high host government officials that the humanitarian purpose of the flight related to hostages and that highest levels of the U.S. government would appreciate assistance. According to his testimony to the Committee and memoranda for the record he prepared, it was on Saturday, November 23, that John McMahon, Deputy Director of Central Intelligence, was first