European Stars And Stripes (Newspaper) - March 5, 1989, Darmstadt, Hesse Page 10 the stars and stripes atop fac win 1uouvh Norm just. Your h0mr, the pef6hse wants 40,000of official p0cumen7sv Anthony Lewis need for a confab by outweighs secrets tiie prosecution of Oliver North ran into Many frustrations before the agreement by the Independent coun we and the attorney Cheral thai -1et Lutrial go Forward. But that should not be a reason for Surprise. The Case is a hard lest of three weighty and sometimes con flicking interests National Sec drily jus Tice and accountability attorney general Richard Thorn Burgh pressed the interest of National Security in motions that delayed the Start of the trial his Justice department a uts argued that ground rules Laid Down by the hat judge Gerhard a Cissell for the handling of classified information were insufficiently protective. Some look a cynical View of Thorn Burgh s position. It was political they suggested. A Republican attorney general naturally did not want a trial that would Embarrass Ronald Reagan and might Well raise questions about George hush s Clarini of ignorance about he Iran Centra mane vering. The cynical View is totally rejected by those who know Briosi about the Case 1 am not aware of any lawyer involved on any Side who believes that Thornburgh moved for political reasons or in any thing but Good Faith the real question is whether the con Cern for National Security is Well founded. As to that scepticism is generally in order claims that disclosure of Classi fied information would put the nation at risk have been made again and again and when tested usually proved hollow. The Pentagon papers Cascon 1971 was a dramatic example. Officials argued that the country might be mortally wounded if the new York times and other papers were allowed to go on nub. Lishin Giichi secret official history of the v in team War will Iam b. Macomber the undersecretary of state said the Chance of free government to endure would have been irreparably the supreme court lifted injunctions on inc. Pentagon papers. Would anyone argue today that publication did National Security even a trivial injury in the Iran Centra situation the possibility of any True secrets ensling seems slim. The dealings in Iran and Centra America involved Many non americans including some of highly unreliable Char Acter Multi National Covert actions of that kind come to the attention of those who want to know the world of Intelli gence finds outwear of of embarrassment not real Security damage is what often moves officials to oppose do classification. Of course it is awkward when finds out that the United states govern mint wheeled millions Oul of i resultan of Brunei for the contras. But that is not enough of a reason to prevent disclosure when other interests demand it. A. Further reason for scepticism is that lawyers do not find it easy to disagree with intelligence Agency demands for secrecy and judges even less. The Intelli gence people Parade horrible and Point out thai disclosure is irreversible. It is always safer to err on the Side of secrecy. But there May be Good reasons for secrecy in this Case. One is the possibility of compromising intelligence interception and Protection methods if arc used. That is .1 genuine concern. Why not then use. Paraphrases or summaries the classified information procedures act of 19so Calls for that step in order to avoid dangerous Here the process May run into the interest of Justice colonel North s Central defense is that whatever he did he was told to do by his superiors up to president Reagan suppose there Are documents with Var t wording the president wants or the president or i think the president would to pass on the defense argument fairly a jury would have to know the specific words. Masses of classified material live in fact been declassified by intelligence agencies for this trial. North s lawyers in insisting that they must have Marc could simply be trying to farce dismissal of the prosecution the tactic known As Gray Trail. Or they could be right. The moment of truth of hat Issue will come if the defense makes an offer of proof at the trial that requires the use of classified material. If denying it would be unjust go sell will be asked la dismiss that count or the whole Case. Indeed i think the Independent counsel Lawrence e. Walsh would himself move to dismiss if Justice so indicated. The True sense of National Security required declassification of All possible relevant material to let the trial go for Ward. For secrets alone do not protect the american system. Its survival de pends on accountability on assuring and teaching that the highest official like the least of us must answer id the Law
