Poindexter Takes the Fifth; Senators Discuss Immunity : Reagan’s Ex-Adviser Subpoenaed

Vice Adm. John M. Poindexter, President Reagan’s former national security adviser, invoked the Fifth Amendment in refusing to answer questions today at a closed hearing of the Senate Intelligence Committee.

Meanwhile, some members of the committee said it has discussed the possibility of seeking immunity from prosecution for fired National Security Council aide Oliver L. North, who took the Fifth Amendment repeatedly earlier this week when he was called to testify.

Richard Beckler, Poindexter’s attorney, said his client invoked his Fifth Amendment right against self-incrimination during an appearance of just over an hour before the committee, which had subpoenaed Poindexter.

Beckler said he had advised Poindexter not to answer questions because of the possibility of other investigations, including a criminal investigation.

Could Testify Later

But Beckler said it is possible that his client could testify before the committee at some future date.

Beckler said that “in certain circumstances” taking the Fifth Amendment before the committee is consistent with the cooperation that President Reagan indicated his aides would provide Senate investigators.

“It is important to understand that Adm. Poindexter has been in the Navy for 28 years,” Beckler said. “He serves the President and he wishes to cooperate with every committee that wishes to investigate.”

But, he added, in view of the request for an independent counsel and requests for Poindexter’s testimony at unspecified other places, “I would be doing a disservice unless I asked my client to invoke his rights.”

A member of the committee, Sen. Ernest F. Hollings (D-S.C.) meanwhile said Reagan should “come clean” and admit that he knew about his Administration’s Iran- contra arms deal before it becomes a Watergate-style morass and “we catch the President.” (Story, Page 2.)

No Decision on Immunity

No decision has been reached on whether to seek a grant of immunity that would enable North to testify without risking prosecution, committee members said. North was dismissed last week by Reagan for managing the diversion of Iranian arms sales profits to contra guerrillas.

Sen. Daniel Patrick Moynihan (D-N.Y.) said North cited his constitutional right against self-incrimination Monday when he was asked to tell what he knew.

“He took the Fifth through everything,” Moynihan said, noting that North invoked the amendment more than 50 times.

Sen. William S. Cohen (R-Me.), asked whether immunity is being considered for North, answered, “Not seriously at this point.”

“I think it would be unwise to do so at this point,” Cohen said. “I think it would be very premature.”

Contradiction Seen

Poindexter conferred informally for 18 minutes with staff and committee members Tuesday but did not testify, senators said. The committee subpoenaed Poindexter for today’s appearance, congressional sources told the Associated Press.

Sen. J. James Exon, a Nebraska Democrat, said the reluctance of the two former National Security Council officials to testify contradicts Reagan’s pledge of full cooperation with Congress.

Exon, who has been following the intelligence investigation but does not serve on the committee, said North and Poindexter’s reluctance to testify indicates little cooperation at best.