BRIEFING ON THE C-123 CRASH IN NICARAGUA: SENATE FOREIGN RELATIONS COMMITTEE, 10 OCTOBER

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 00788192
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 11
• Document Creation Date: September 12, 2023
• Document Release Date: June 30, 2023
• Case Number: F-2021-00766
• Publication Date: October 10, 1986

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OCA 86-3575
10 October 1186
mEMORANDUM FOR THE RECORD
SU8JEC7: Briefing on the C-123 Crash in Nicaragua:
. Senate Foreign Relations Committee, 10 October
1. The CIA and State Department briefed the Senate ?e:-
Relations Committee on the circumstances surrounding the recent
crash of a C-123 cargo plane in Nicaragua. The statement and
questions/answers dealt with the crew members and their past
contacts with C/A, the level of private resupply efforts to tte
Contras, and related issues. Testimony was given by the OD�
and Chief of the Central America Task Force for CIA; the State
Department spokesman was Elliot Abrams, Assistant Secretary for
Inter-American Affairs, with back-up on legal questions from
Principal Deputy Legal Advisex Michael G. Kozak.
2. Chairman Lugar presidOeFever the three-hour session.
Attending the full briefing vseliSenators Pell, Evans, Kerry,'
and Harkins. Senators Durenbocihr, Biden, and Dodd attended a
portion of the briefing.
3. The following SFRC s members were present: Geryld
Christianson, Barry Sklar, M alcoff, Cream* Bannerman,
David Keeney, and Rick Messi Al Lthn of the Majority
Leader's staff attended. sr pport staff intermittently ir
the conference room were Bar Allem, Elly Voghtminn and
Leticia Padilla. Other State officers were Williams Walker,
Louise Hoppe, Ed Fox and John Egan McAteer. Other Agency
officers attending were Norm Gardner, Special Assistant to the
DDO, and David Cries, Director, OCA. Anne Horowitz prepared
the transcript.
4. In his opening remarks, Chairman Lugar made the
following points:
- The briefing would be held at the TS/Co-word level;
responsible officers of each organization shouldnimpwaham to
vouch that their representatives had these cleatioces.
- Because of developments in the past:, serious
questions had arisen concerning the U.S. GoveriliSi cols in
Central America. One particularly important limas vas th. CIA
involvement in that region.
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- The Senate Ma:ority Leader had submitted several
zuestions which he wanted specifically covered by officers
giving testimony.
:o State and CIA have information on the number of
Americans working in Nicaragua, the nature of their
involvement and their relationship with the SandinIsta
Government?
Do State and CIA have information on private U.S.
support to the Contras?
Can the briefers comment on possible violation of
the U.S. Neutrality Act?
5. Senator Lugar also mentioned the Los Angeles Times
article of 9 October which reported the existence of an
elaborate system for supplying tie Contras, involving some 19
aircraft.
��.74:
6. Senator Pell stated timer:it would have been possibly'
useful to have had a Defense Dsrtment representative at the
briefing.
7. Assistant Secretary
statement:
presented his formal
- The bodies of two icans killed in the crash
would arrive on 10 October a roximately 1400 hours in
Miami. The coffins contained ashes, with skulls. The coffins
had been left at the entrance of the U.S. Embassy in Managua.
- A Consular Officer had not yet been allowed to meet
with Mr. Basenfust his spouse had been allowed a 45 second
meeting in front of the news media.
- The Executive Branch hoped that the Congress would
protest publicly about Nicaragua's refusal to al1205,4!ftsular
access to the American. ;2'.14r* �
� A.',V'e - �
- The two Americans killed in the cratle74011Wii*t
employed by the U.S. Government.
State Department had no specific f . algt
Americans residing in Nicaragua or what theit-talinlibaski
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might be iith that Government. There are probaoly severe:
thousand Americans in that country.
- An elaborate supply system has obviously teen
established for supporting tne Contras. There is no U.S.
S'overnmeht involvement in it and great care is taken not to :et
involved. while State approves of the private effort to kee;
the Contras alive, it has not taken any specific action to
appeal for help -- no letters, no specific requests.
8. State Counsel .Kozak commented on the implications of
the Neutrality Acts.
- The Department of Justice is the official'
interpreter of these laws. State can give only a semi-
knowledgeable account. They involve prohibitions on U.S.
citizens to enlist in a foreign military from the U.S., to
launch a military expedition from the U.S. or to organize a
conspiracy to damage a foreirksovernment from the U.S.
9. The DDO offered his
CIA connection with the C-12
contacts wi:h these individu
ed statement which denied any
its crew. He described past
The statement is attached.
10. Assistant Secretary s interrupted Mr. George's
statement at the point leadi a description of CIA's
awareness of private supply s channelled through El
Salvador for the resistance � . State protested that the
highly sensitive information sistance of a friendly
government, the delicate pol sues involved, and threat
that compartmented information would be presented forced the
Department to halt the briefing. Without concurrence of the
Secretary of State, the joint briefing could not proceed on
this subject.
11. Chairman of the SSCI Durenberger stated that he was
present at the SFRC briefing because of this issue: discussion
of sensitive pttelligence matters outside of the SSCI.:. He
pointed out that his Committee was deeply involve4OLIam4versight
of intelligence-related activities directed at N 11.He
recommended that a briefing be deferred to one �by the
SSCI, under procedures of S Res 400, to take p .
141rd
secure conference room (Hart-219). Durenberge
that he was concerned about the precedence so
briefing continue on this subject for the Stti rules
of the
SSCI, including the work of the CIA.
dictated that intelligence matters should be
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12. A discusssion ensued over the problem of foreign
policy and intelligence issues -- and where the line coult'
drawn. Eventually, Chairman Lugar decided that the foreign
-policy issues surrounding the crash and the U.S. Government
role were overriding. He then spoke at length about the nee''
for strict security on matters discussed at the hearing.
13. Mr. George continued his formal presentation
concerning CIA reporting on Contra capability to obtain
supplies and materiel for continuing the resistance.
14. A wide-ranging discussion followed in the
question/answer period on specific aspects of the crash,
identification of the crew, and the nature of private support
to the Contras. State and C/A offered the following responses.
At this time, no one knows, why Mr. Hasenfus has
claimed that he worked for CliwIte might have been exposed to
pressure by the Sandinista ; he might have been hired
under 'false-flag� circumst
CIA had had no con ith members of the crew in
recent years; no CIA proprie �s had been in contact with the
crew members.
/SFRC Members discu
Committee might investigate
support the resistance. A s
Committee subpoena Mr. Hasen
was paying his S3000/month salary./
the possibility that the
rivate American activity to
tion was made that the
bank records to determine who
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C/A has no independent information on the C-123
cargo. Newspaper accounts are the only details at this time.
Information developed to date on the origin of the
C-123 aircraft indicates that the plane was sold as U.S.
military surplus in 1983. The purchaser has not limomm.
determin.d1
ic !nig t
c o er crash.
Ma a
CIA does not have extensive flight i
activity into Ilopango Air Field, El Salved()
know about arrival of aircraft transporting
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;rivet, channels to the Contras. The CIA is proscribed from
ccllecting information on U.S. persons -- and would not
details about the C-123 aircraft t it cc(b)(1)
be assumed that the weapons in the cargo were picrEt up o4b)(3
the U.S. State Department does not make any attempt to meni:::
anti-SandinIsta support. Customs Service will take the lead t:
investigate the activity of the Southern Air Transport craft.
/Wore leaving for the Senate Floor, Senator
Durenberger pointed out that information about
individuals involved with the plane has evolved in
pieces. He based his statements on briefings provided
to the SSCI concerning the crash. This situation was
not surprising under the circumstances and given the
diverse Agency records to be reviewed for a complete
picture. In the SSCI view, the Agency has learned
from experience; it interpreted Congressional restric-
tions on activities in Central America in the strlct-
est mode; the CIA expasided its role with the resis-
tance only when testi/01one were lifted, allowing at
one point the shariagifig tactical intelligence with.
the Contras, and latilht training and provision of
communications equi Senator Durenberger was of
the opinion that ot ntities in the Executive
Branch were knowled e of the private effort to
support the Contras t the Agency was caught in a
squeeze. It was aw f the resupply activity from
the end-user view equipment and materiel which
had been delivered e Contras. Durenberger
suggested that Stet uld do more to help keep the
CIA 'skirts clean./
Eugene Basenfus worked for a CIA proprietary, Air
Asia, in 1966, as a packer and kicker, and later worked(
another CIA firm -- Air America. Be resigned in FebruaPJA11
1974. (b)(3)
William J. Cooper worked for Air Asia as
satre./
ar
Be was inVolVed in the airlift to,AM-gb-iiix Air
There is no record of contact with him Al76.
co Blaine S
kfrican Airlines.
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-.C/A was aware of Americans at
general terms. The Agency conscientiously av
these individuals.
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later waticad for Southern Air Transport. At one point in 19i,
he asked to become a staff employee. hut Phis yes d -
/
fo �ers s
(b)(3)
There is no defined policy in the U.S. Government
which states conditions under which an officer should lie to
protect national security interests. Anyone can speculate on
conditions so critical that the truth would have to be
withheld, at least for the time being. In response to a Senate
query about withholding the total story, the DDO stated that he
would not lie in a Committee hearing about an individual being
employed by the Agency.
Neither State nor CIA was aware of an investigation
reportedly under way in Florida to determine the origin of the
C-123 and its cargo.
15. Senator Kerry began- his portion of the hearing by
stating that there was duplicity, in the U.S. position in
Central America. He pointed amithat the Administration had -
not accepted decisions of thaLIOUld Court, yet complained that
the Managua Government was v ing consular regulations by
not allowing for Embassy off to meet the captured
American. Mr. Abrams stated he wanted the record to
reflect that he disagreed vi nator Kerry's views.
16. Senator Kerry had a
Central America which were a
list of questions regarding
id by State and CIA.
- Max Gomez and Daniel Medina were mentioned in news
accounts as principal managers of the Contra support. CIA was
in the process of checking these names; it appeared possible,
that Gomez was an alias used by a former Agency contact(W)
Identifying information would be provided to the SPRC flopp)e
record.
- Risenfus' claim that he was working for...the CIA may
have been made out of intimidation or may be the 's belief.
The individual at the end of the line' might not4isam.the