European Stars And Stripes (Newspaper) - December 1, 1988, Darmstadt, Hesse                                Inside stripes d Kansas City explosions kill 6 firefighters Page 3 d Cariucci says cuts in . Forces abroad Are possible Page 7 d Alabama s Thomas wins Butkus award Page 26 q nato report on responsibilities due this week Back Page the 9ft authorized unofficial publication k n the . Of Mel tripes vol. 47, no. 227 thursday december 1, 18b8 North wins loses in court Washington a the judge in the Iran Contra ease on tuesday upheld two of the Central charges against Oliver l. North but dismissed the thirds a purely cumulative count that would Only con fuse jurors. . District judge Gerhard a. Gesell refused i dismiss the two charges of conspiracy to defraud the government and theft of government property against the former National Security Council aide that arose Fram he diversion of  arms Sale proceeds tothe nicaraguan rebels. The indictment clearly alleges a conspiracy which invoked concealing the very existence of the profits of the Enterprise from the Slart and hiding from Congress information relating to the conspirators assistance for the contras go sell said. Los purpose depended on deceit from the Start and acts of concealment were actually part of the commis Sion of the substantive crime the judge said of North s Contention the conspiracy count was invalid because it alleged More shun one criminal conspiracy. But Gesell dismissed a wire fraud charge saying in is in Many ways a cumulative count that would Only create substantial confusion in the minds of the jurors All three charges also were filed against North s co defendants former National Security adviser John m.  arms dealers Albert Hakim and retired air Force maj. Gen. Richard v. Second. Gesull s dismissal of the wire fraud count suggests that charge May also be dropped against the other defendants who Are scheduled to be tried separately. The judge refused to dismiss six charges that North lied to congressional committees that investigated whether he and other members of the National Security Council Start were covertly providing military Aid to the contras in violation of the Law. So far Gesell has ruled on 34 of North s 37 pre trial motions. He has dismissed Only two of the 16 original counts against North including a charge thai the re tired Marine lieutenant colonel obstructed an feb probe of the installation of a Security Fence around his great Falls va., Home. Independent counsel Lawrence e. Walsh consented to dismissal of thai charge. Go sell has yet to Rule on three pending defense motions to dismiss on other Legal ground two charges that North lied to Congress. The judge rejected As misplaced North s argument that the Boland amendments passed by Congress ban Ning direct . Military Aid to the contras were unconstitutional and did not apply to the National Secu Rity Council. Although the while House expressed doubt about whether the amendments prohibited the Csc from aiding the contras Gesell noted that president Reagan signed the provisions into Law and agreed to comply with them. North s understanding As to the constitutionality of Boland in no Way affords an excuse for his alleged misconduct or entitled him to obstruct the Way the government was in fact functioning Gesell said. As lie did several weeks ago the j Edge chided North for offering a disdainful View or government by arguing he had a right to lie to Congress demos Tab Mitchell Senate Leader by he Washington Post Washington Soa George a Mitchell a Mainc handily St a three Way race to become the new Senate to Aioli to Leader tuesday As democrats cd forceful northeastern Liberal to Deal with a new Republican administration. Sens. J. Bennett Johnston of Louisiana and Daniel k. Inouye of Hawaii bowed out after Mitchell won 27 votes on the first ballot. This was one Short of 3 majority and nearly twice the vote for Johnston or Inouye who were tied at 14each in the secret balloting Mitchell 55, youngest of the three and lowest in seniority was then chosen by acclamation. Mitchell a former Federal prosecutor id judge who became an overnight democratic hero when he led the 19s6 Campa Itil that resulted in his party re gaining Sci we control succeeds majority Leader Robert c. Byrd of West Vir Ginia who led snot democrats for 12 years. Byrd so capes own to become chairman of the powerful appropriations committee and Senate president pro tempore putting him third in Lin for succession to the presidency. Mitchell is expected to differ in style and substance from Byrd who is More conservative and More skilled in the parliamentary game than his successor whose Hoar experience is limited. Democrats also kept sen Ala Cranston of California As democratic whip and chose sen. David  a Kansas for the no. 3 spot As Secretary of the democratic conference. As expected republicans re  leadership team including minority Leader Robert a Eola of Kansas and assistant minority Leader Alan k. Simpson of Wyoming and chose sen. Don Nickles of Oklahoma As the new Campaign commit tee chairman Over sen. John s. Mccain Iii of Arizona by a vote of 28 to 17, in the Only other Republican leadership contest sen John 11 chafe of Rhode is land won reflection As Republican Confer ence chairman. A Hilll Jah Shari a. Spokesman for Arab americans expresses outrage that Yasser Arafat was denied � visa. Shultz firm in decision to bar Arafat from press dispel clips Secretary of stale George Shultz under foreign pressure to reverse himself stood firm and vigor ugly defended hrs decision denying a visa to Yas " Rafat. Nohe same time senators from both parties supposed Shultz and signed a letter commending him Tonthat they described As his courage in denying Anba to Arafat the chairman of the pal Estine liberation organization. Shultz said Tutt worldwide criticism of him and his decision Sho Jethal Many people do not fully appreciate the drafter of terrorism to civilized society. A i think in was the Noti decision he said. I stick by  at the United nations the general Assembly postponed its annual debate an the palestinian problem so it could Convene a special session out Side new York to hear Arafat. % a senior Arab Diplomat said the session Proba Bly will open in Geneva on dec 13 or 14 . Officials granted a request from Arab nations to postpone the debate which had been. See Shultz on Back Page