3rd NSC Officer Refuses to Testify; Durenberger Irate : Dole Echoes Anger, Fears ‘Paralysis’
WASHINGTON — An angry Sen. Dave Durenberger (R-Minn.), chairman of the Senate Intelligence Committee, revealed today that a third military officer attached to the National Security Council has refused to testify on the Iran arms- contra aid scandal.
Durenberger said Marine Lt. Col. Robert Earl, a one-time deputy to the fired Lt. Col. Oliver L. North and a current NSC staff member, took the Sixth Amendment, claiming that he had had insufficient time to be prepared to testify. Durenberger blasted that excuse as ridiculous, saying Earl had been given a full week’s notice.
“We’ve had plenty of witnesses who’ve had less time,†Durenberger complained. “Bud McFarlane came in here on 36 hours’ notice and talked to us for six hours.
“I haven’t seen any heroism from any of these three,†he said, referring also to former National Security Adviser Adm. John M. Poindexter and North, who cited their Fifth Amendment protection from possible incrimination in refusing to testify.
‘Narrow Personal Interest’
“Today I am angered†over the third man not to talk, Durenberger said. Poindexter and North, he said, “are being praised as national heroes.
“If they are such heroes, then why are they deserting their country? They put their narrow personal interest or maybe their displaced loyalties to some of their friends ahead of the national interest that they are sworn to uphold.â€
Durenberger said the committee is no threat to any of them because it is not in the business of issuing indictments.
He said it was a personal decision on their part.
‘So-Called Frustration’
“The so-called frustration on the part of the President and the country is the only thing that’s going to persuade these people to talk. Somebody is going to have to define for them what national hero means,†Durenberger told reporters after the committee’s long morning session.
Durenberger said he was particularly angered because Earl, a deputy to North for all of last year, remains on the NSC staff. “He’s going from here back to a desk at the White House,†he told reporters.
The Sixth Amendment deals in part with the right of a person to a speedy trial, to be informed of the nature of the accusations and to have the assistance of counsel.
Durenberger’s frustration was echoed by Senate Republican leader Bob Dole, who today called on Poindexter and North to demonstrate their patriotism by telling Reagan everything they know about the transfer of Iranian arms sale profits to Nicaraguan contra rebels.
‘More at Stake’
“There’s more at stake than a couple of individuals right now. We’re talking about the presidency and whether we’re going to have paralysis in this country for the next several months,†Dole said.
Speaking as he left the Capitol for weekend appearances in New Hampshire, one of the key, early presidential primary states, Dole said the two active-duty military officers should realize that the issue of the arms sales transcends individual rights.
“I respect their rights, their constitutional rights, their rights under the Military Code of Justice,†Dole said. “They’re outstanding patriotic Americans, they’ve risked their life for this country and I think this is one more duty they have to perform.
“They can tell the President what happened; then he’ll be in a position to deal with this problem.â€
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