European Stars and Stripes (Newspaper) - September 17, 1991, Darmstadt, Hesse                                Page 4 b the stars and stripes tuesday september 17, 1991case against North thrown out Contr claims figure action exonerates him Washington apr a Federal judge monday dismissed the Case against Oliver North at the request of the special prosecutor. It was a climactic finish to the lengthy criminal proceedings against the Star defendant in the Iran Contra affair with North responding that he was Quot totally  North hugged his attorney his family and friends in the courtroom after . District judge Gerhard a. Csell granted the prosecutors request. A this terminates the Case a the judge said. Special prosecutor Lawrence Walsh said in court papers that Quot the government is not Likely in the unique circumstances Here presented to be Able to sustain a successful outcome Quot in the Case a Federal appeals court had ordered Gesell to determine whether testimony at North a trial was influenced by his forced testimony to Congress. Former National Security adviser Robert c. Mcfarland dealt a heavy blow to the bid to reinstate North s convictions when he said last week that his own statements at the trial were coloured by North a immunized testimony. Walsh said monday he had concluded a that the expenditure of additional prosecutor Al defense and judicial resources in this Case is not  an exultant North told reporters afterwards he was a totally exonerated completely. President Bush called it a a Good decision and said a a Long period of suffering for his family and him is Over. It sounds like the system worked very  North was convicted of destroying documents accepting an illegal gratuity and aiding the obstruction of Congress. The destruction of documents conviction was overturned outright in july 1990 by the . Court of appeals for the District of Columbia circuit. The other two were set aside. A Federal appeals court set aside the convictions saying prosecutors had to demonstrate in court that North a 1987 testimony to Congress Given under a Grant of immunity was t used against him at his criminal trial. Gesell opened hearings last week on the governments attempt to reinstate the convictions. Sex White House aide Oliver North and his wife Betsy left talk to reporters after dismissal of his Case. Mcfarlane stunned prosecutors at the hearing by saying his testimony at North a criminal trial was influenced by North a nationally televised testimony. A i urged them Congress not to Grant immunity Quot Walsh told reporters monday. A this is a very serious warning that immunity is not to be granted  House speaker Thomas Foley d-wash., said he did not believe Congress erred in deciding to hold its own Iran Contra inquiry a would i have suppressed the congressional investigation in order to guarantee effective prosecution of col. North Quot Foley said.  Senate Republican Leader Bob Dole of Kansas said it is time to close the Iran Contra investigation. A what have american taxpayers received for their $50 million a Dole asked. A a lot of press releases Rumor and innuendo. But Little in terms of  in the Iran Contra affair North then a White House National Security aide was accused of organizing a secret network to ship arms to nicaraguan rebels when such Aid was banned by Law. North s network was financed with the profits of secret arms sales to Iran private donations from Reagan administration political supporters and third countries including saudi Arabia. North was sentenced in july 1989 to two years of probation $150,000 in fines and 1,200 hours of Community service. Walsh would not comment on How dismissal of the Case against North might affect his Case against former National Security adviser John Poindexter who is appealing his april 1990 conviction on five felonies including conspiracy and obstruction of Congress. Thomas won t Rule out backing death penalty Washington a supreme court nominee Clarence Thomas told the Senate judiciary committee on monday that he would uphold the death penalty in a appropriate  Thomas comment on his fifth Day of testimony Means that his confirmation would give the High court for the first time in decades nine justices with no absolute objections to capital punishment. Thomas in response to a question by sen. Arlen Specter r-pa., said a philosophically there is nothing that would bother me personally from upholding the death penalty in the appropriate  Thomas was nominated by president Bush to replace the retiring Justice thur Good Marshall who opposes the death penalty under All circumstances. Thom As throughout the hearings has agreed to discuss his views on some constitutional issues such As the death penalty. But he consistently has refused to discuss abortion an Issue on which he said he has no personal views. Sen. Edward m. Kennedy d-mass., delivered his harshest comments of the hearings monday As he criticized Thomas backing away from previous statements. Kennedy called t Homash past statements a vanishing  Kennedy said that the judiciary committee would be abdicating its constitutional duty if it allowed nominees Quot to blithely disavow past opinions for the Sake of winning confirmation. When a president uses ideology to select a supreme court nominee Kennedy said a the Senate has the right to take ideology into  sen. Howard m. Metzenbaum a Ohio aggressively questioned Thomas about past speeches in which he seemed among other things to question the legitimacy of the minimum wage Law. Thomas said he had voiced concern about the Impact of raising the minimum wage on unemployment among Black teen agers. In responding to  a question about another speech Thomas acknowledged Quot quite a bit of  Metzenbaum criticized Thomas for the six years it took the Federal equal employment Opportunity commission which Thomas chaired to protect working women of childbearing age from being banned by their employers from certain hazardous jobs. Such a fetal Protection policies were banned by a supreme court decision last March. A the women who filed these charges with Leoc had rights but their rights became meaningless in the absence of enforcement Quot Metzenbaum contended. A for these women Justice delayed was Justice  Gates says he was honest but fell Short in Iran probe Washington a Robert Gates nominated to direct the Cia told his confirmation hearing monday that he was honest throughout the Iran Contra affair but said a i should have done More to get to the Bottom of the arms for Host age scandal. After listening to several democrats bluntly question his honesty and ability for the Job Gates said Quot i should have been More sceptical about what i was told. I should have asked More  he added that he would a do things differently and i believe better Quot if he could relive the tumultuous period when the arms for hostages scandal became Public Quot in the fall of 1986. But he said the record is dear that he had opposed the Reagan administrations arms sales to Iran and had fought within the Cia in favor of Public disclosure. But a clearly if i could relive october 1986 and perhaps part of november i would do certain things differently Quot Gates told the committee. Gales noted that there was a not a single crisis of Confidence Quot Between the spy Agency and Congress during his tenure after Iran Contra broke. Quot nor will there be if i am confirmed. You will not find a nominee More aware of or sensitive to the lessons of that time a Gates said. In written answers prepared for mondays hearings Gates maintained anew that he had no solid information on a possible diversion of funds from iranian arms sales to the nicaraguan Contra rebels. Gates also said he did not recall several key events in the affair and the opening Gavel had scarcely fallen when democrats challenged him. Sen. Howard m. Metzenbaum a Ohio accused Gates of a a wilful ignorance Quot and said a i Hope your memory improves Quot during the hearings. In his written answers to the panel Gates said he was a not aware of any evidence in late 1986 a of involvement in such a diversion by Cia Csc National Security Council or . Government officials nor was any concern expressed to me about a violation of  but according to newly released documents Gates substantially altered his testimony about the diversion in a six Day Span in 1986, shortly after the Enterprise became known publicly