European Stars And Stripes (Newspaper) - November 28, 1987, Darmstadt, Hesse                                Page 10 columns the stars and stripes saturday. November 28. 1987 Andrew j. Glass Iron Contra investigators approach misfired the final reprise by the con Gressmen who investigated the Iran con tra Altair Calls to mind a scene from the last act of an opera in which each Mem Ber of the cast simultaneously belts out a separate refrain with seeming unconcern As to what any of the other artists arc singing. The democrats who led the probe for the better part of a i a.  Inouye of Hawaii and rep. Lee Hamil ton of Indiana sought to cast these events As a profound morality play one that would warn americans of the evils inherent in contriving a govern ment plot that flouts constitutional Safe guards. To further what they regarded As a High minded Effort. Inn pc and Hamil ton look pains to Foster a bipartisan Aura and to mute the institutional rivalry that normally divides the Senate and the House. In keeping with this approach the two chairmen spurned a attack by senior House democrats on a Clumsy bid by attorney general Edwin Melesc to initially protect Reagan. Although they were aware of Mcnese s investigative fail Ings they objected to highlighting them because it created a diversion from their key Point. Although their final report embodies a slinging rebuke to the pervasive Dishon esty that suffused the Reagan White House there s no certainty that their main message will get through. Presidents have been approving underhanded secret Hanky Panky since the Advent of the nuclear age. They do so on the theory that it s a rough world out there and that America s enemies will do us in unless an operation is mounted against them first. Occasionally As during the immedi ate Post Vietnam Era. A sense of revulsion arises against the excesses that such Clandestine operations inevitably Breed. The subsequent revelations Are amplified by the press. Often they usher in a period of restraint until that is. The next confrontation c Uba yesterday Iran and Nicaragua today perhaps South Africa tomorrow. And that brings pressures to a boil again. One reason the Inouye Hamill on approach misfired was the pro bars failure to gauge the extent that television enshrines image Over substance. When Marine it. Col. Oliver North took the stand they lost control. Al though North blithely testified that he had lied to the lawmakers his subliminal message was heroic and exculpatory in tone. Inouye s deliberate decision not to seek Reagan s testimony further diluted the result. While the probes inter viewed nearly All of the president s men. No questions were asked of their chief. Inouye feared he would be perceived is a political regicide having destroyed a once popular presidency with out a realistic Chance of spawning an impeachment proceeding or sparking a voluntary resignation. Thai process could have left the nation without an executive rudder until i w. What s More he feared that the probe could Compromise the ability of future presi dents to speak candidly in Confidence to the Heads of other governments As Rea Gan had done with the israelis. So Reagan still believes that he has nothing to apologize for. His enduring capacity to Frame his own reality critics Call it self delusion has been firmly re established a or All their scathing re Marks. Inouye and Hamilton Haven t budged him. When a die hard Republican Phalanx on the committee decided to weigh in with a minority report its aim was not to absolve the president they knew that he could take care of himself but rather to Dampen the threat of a Walcer Gate style Issue in the coming elections. Their Contention that the affair was ultimately rooted in partisan skirmishing Over control of foreign policy is patently false. But that still May not keep the no Tion that political infighting made these things happen from taking hold. Co a a in column Colling for firing of Meese draws response editor s note James j. Kilpatrick thought editors and readers would find the following response of inter est. The Kilpatrick column referred to was printed in the stars and stripes nov. 15. Nov. 16, 1987 dear editor. James Kilpatrick s recent pronouncement calling for the firing of attorney general Melesc is the first sign of a chronic disease that infects far too Many opinion writers disinformation Ilis. The symptoms arc invariably an embarrassing Lack of knowledge about the facts and Little interest in finding them out. This time it was the nomination of judge gins Burg Hal caused the Ink to Low. Kilpatrick de scribes it As a galling  the fact is that judge Ginsburg not Only deserved nomination but also confirmation. By his 41st birthday his curriculum Vitae boasted a Brilliant Law student clerk to circuit court judge Mcgowan and associate Justice Thurgood Marshall highly respected professor of Harvard Law school who divided his Lime As a Legal consultant to major corporation ranking government official at both the office of management and budget and the department of Justice and currently a judge on the . Court of appeals for the . Circuit. Kilpatrick dismisses these accomplishments As irrelevant in this town perception counts for More than real no. For him. It is More telling that the judge divorced and remarried that Bolh his former and present wives arc strongly Independent with legitimate interests of their own albeit not of particular Comfort to the write Rand that the judge had some years ago taken an occasional puff on a marijuana joint an acknowledged mistake for which he expressed regret and remorse. There is also a sinister reference to the most attenuated conflict of interest allegation yet to surface in this town that seems to feed on a steady diet of attenuated conflict of interest allegations. This is the stuff they argue on which supreme court Nomi nations hinge. But judge Ginsburg withdrew his name from nomination sensing that the clamor Over his lifestyle by the likes of a Kilpatrick would once again drown out reasoned debate Over the judge s philosophy and judicial methodology. The search for a Scapegoat was on. And Kilpatrick  turned to the attorney general. It is Melesc who blundered he claims. Baloney judge Ginsburg underwent close scrutiny at All quarters and repeatedly. Four previous Fri background investigations and two prior confirmation proceedings each ending in unanimous Senate approval revealed no cause for reservation. Those of us who knew him both personally and professionally at the Justice department the while House and bomb know the judge to be an honest and honorable Man. Nothing that has come out since suggests a need to reassess. There is of course disappointment Over this turn of events just As Many of us were chagrined Over the defeat of judge Bork s nomination. Bui no one who knows the facts blames the Alloney Gener Al or believes for a minute that the Ginsburg Nomi nation failed because of Justice department mis management. To the contrary inc attorney general s Slock has Jaslin ably risen within the and minis ration Wilh the Way in which he in close and always congenial collaboration Wilh chief of staff Howard Baker has ably Assis cd the president in the All important task of filling Justice Powell s Seal on the supreme court. The president has now nominated another Cir Cuit court judge equal in stature and qualifications to Bork and Ginsburg a Man Wilh a similarly Strong commitment to the principled philosophy of judicial restraint. Judge Anthony Kennedy was enthusiastically backed by his longtime Friend de Melesc and chief of staff Howard Baker. He. Too. Will make a Superb associate Justice. And upon his confirmation most americans at least those who. Unlike Kilpatrick. Do not finance their Liveli Hood in part through character assassination  join inc president in thanking his two closest advisers once again for a Job Well done. Sincerely pm. Bradford Reynolds assistant attorney general for Iii rights & Counselor to the attorney general