European Stars And Stripes (Newspaper) - March 5, 1987, Darmstadt, Hesse                                The stars and stripes Page 10 columns James j. Kilpatrick Tower report puts Iran affair in perspective since mid november we have heard the ghouls of the press speculating about Reagan s doomed presi  he Hai been "crippled?1 it is Taid by  the new Republic Tost week equated Iran amok with the watergate revelation thai led to Rich Ard Nixon resignation in 1974. On Capitol Hill the merry morticians of the Liberal left have drowned he president in Crocodile tears. The report of the special review Board headed by former sen John Tower of Texas pull the affair in perspective. In fascinating detail the report chronicle Sall thai the three members of the Board were Able to learn about the tangled attempt to Swap arms to Iran i Exchange Tor Iran s help in freeing the american hos tages held in Lebanon Many question remain unanswered but these Are peripheral questions. We now have a Clear picture of what happened. Plainly the president himself is most to blame for what happened. Reagan let his heart Rule his head. He wanted the  communicated that passionate Mctire to i subordinates they proceeded to charge off in All directions and everything got out offhand. The failure was primarily. Inescapably Rea in t failure. He did not seek the Cool headed advice should Nave sought. He did not Lake fully into account the contradiction and inconsistencies Between nil Public pronouncements and his Covert  was an operation of great sensitivity. Reagan had a duty to Monitor it closely and constantly and this duty Fie sadly neglected. True hit subordinates let him Down. They share the blame and they must accept that fart but when the record is examined it is evident that the iranian Deal cannot fairly be compared with watergate. The similarities Are As superficial As the differences Are material. Watergate was a sneaky criminal Enterprise carried on from the most shameful political motives. Nixon s Campaign committee undertook a break and enter Bur Glary of democratic National Headquarters. When Nixon Learned the ugly truth he embarked upon cover up thai lasted for months. By contrast the iranian operation was launched with the Best of motives. Reagan s Aims Rejc sound to free the hostages and to Lay a groundwork for improved relations with Iran. The Means that were employed toward those ends May have been unwise but they were not criminal Means. Far from covering up the failure Reagan from the beginning sought to get the Story out. He appointed the Tower Board he turned Over his personal notes on relevant conversations he promptly acknowledged responsibility for the Anthony Lewis v t mistakes that were made. Given the situation As 4phole, it is hard to see Whatmore he might have Dok Short of ordering a court martial for vice Adra Fohn Poindexter and i  North. What suld that have gained no presi Dent can compel of officer to waive a constitutional right. In the a of the Tower report the presidents negatives of filed in the Public opinion polls. His popularity am stands at its lowest Point. To say that he has a off raw to Hoe is to put the matter mildly. The que Jhn that everywhere is asked is can he conic Back i  that he can and will regain his Posi tet Yective leadership both at Home and abroad Ghl to keep in mind that Howard Baker new the White House staff is no prime minister a Vang a ceremonial Monarch. Baker was a superlative Nice for the important tasks ahead but it is Reagan Ilone who holds All the Powers of his powerful office. He has the Power of veto the Power of appointment the Power of a commander in chief the Power to Issue executive orders the Power to speak to a National audience none of these Powers has been diminished. He will put them All to , too should be kept in mind the Aims that were served � disastrously remain valid Aims Reagan must continue to work for the hostages Freedom. Common sense dictates that he keep searching forays to normalize relations with inn the cause of the nicaraguan contras should not be affected by the Dis closure that profits from the Sale of arms to Iran were diverted. Every consideration of National Security sup ports an Effort to prevent the sandinista government from establishing an effective soviet base Al  presidents immediate task i to convince the country that he is physically mentally and emotionally up to the Job at rebuilding Confidence in his leadership. This won t be easy but it surely is not impossible. I have known Reagan a Long time. The Guy is a fighter. He s been knocked Down but he Ain t out. North s interpretation of Constitution a novel one the president by and with the advice and consent of the Senaie. Shall appoint ambassadors other Public ministers and consuls judges of the supreme court., and Alt Oiler oof the failed  the Gress Nav by Law Vest the appoint of sued inferior officers As shy proper in the president  of Law. Or in the he Par Menis. . Constr Tuple ii Section 2. We have had Many thedles on How to interpret the . Now we have a Oval one ignite the actual words of a constitutions provision and look instead to a Hajne framers had generally in mind Efferi they planned our government. That is the read Fisl of inc argument made by Law Wittor la col. Oliver North and of Wmk against the Law that has judges an fat Independent counsel to  in the executive Branch it is a strange argument far removed from precedent and Rea son. The text of the Constitution quoted above explicitly authorizes Congress to Point inferior offi hat is exactly what have Federal courts appoint " cers of government. Tha ingress did after watergate when it Rote the Independent counsel statute. How ran the statute be unconstitutional North s lawyers and the res claim that he Law violates the separa Tion of Powers. The prosecution of crime is an executive function they say so prosecutors have to be appointed bythe president. The separation of Powers is a Vita doctrine in our system but it is not so mechanical. The framers did not put the three branches of government in separate airtight boxes. To the contrary they often overlapped Powers. If there is something untidy about courts Mak ing appointments the Short answer is that the framers made that Choice. Moreover the supreme court Long ago rejected an attack on the constitutionality of appointments by  was in 1879. In. The Case of sex part sic bold. Congress had created the office of election supervisors and directed the Federal courts to pick them. The la was challenged on the ground that the supervisors were Loo executive in their duties 10 be named by judges. But jus Tice Bradley for the supreme court Slid article ii authorized Congress to follow just that course. A Fallback argument by opponents of the Independent counsel act is that prosecutors Are too important to be inferior  but the Constitution confides that decision to Congress i says Congress May Vest the appoint ment of such inferior officers As the think proper they meaning con Gress it would be hard to phrase a discretion More Complete. Finally it is said that however sweeping the language of article ii it cannot have been meant to let judge appoint officials Remote from the courts to appoint say. State depart ment officials. But even if one reads such a constraint into the Lex prosecutors arc hardly Remote from the Busi Ness of the courts. In fact Federal courts have been appointing prosecutors for nearly 100 years. A statute gives the courts Power to name interim . Attorneys when there Are vacancies in any of the districts around the country. The Power is often used there is a . Attorney in Boston now. Beyond those considerations there Isa powerful affirmative argument in sup port of the Independent counsel act again one recognized in supreme court decisions. That is the need for this of fice to have substantial Independence from the president. In 1935, the supreme court unanimously upheld against Franklin Roose velt a Law protecting Federal Trade com missioners irom dismissal at will by the president. The court said there could Beno doubt of Congress right to create administrative agencies and require them Loach independently of executive  if the Independent counsel acl is in valid then very Likely our administrative agencies Are unconstitutional. An that is what important figures in the Reagan Justice department would like to bring about. They have been looking for a Chance to argue that the president must control All administrative functions in government thai there can Beno Independent agencies. In Short the argument Over special prosecutors is really an argument about Power. An executive already inflated beyond the imagination of the framers wants More Power. We arc even told Inan age of executive abuses that investigations of the president must be subject to the president s control. But the Tam ers in 1787 did not write a charter for self destruction. In Rott two we Banna