Poindexter Takes Fifth, Rejects All Questions on Iran

Former National Security Adviser John M. Poindexter, invoking his Fifth Amendment right against possible self-incrimination, refused Wednesday to answer any questions during a closed-door Senate Intelligence Committee hearing on the Iranian arms deal.

Poindexter was the second recently departed White House aide to cite the constitutional protection and decline to respond to the committee’s questions. Lt. Col. Oliver L. North, Poindexter’s former deputy, took the Fifth Amendment more than 50 times in his appearance before the panel on Monday.

Despite the setback, committee members emphasized they had no plans to offer immunity to either Poindexter or North. “We will piece together the answers to the questions we have with or without Adm. Poindexter, with or without Oliver North,” said Sen. Patrick J. Leahy (D-Vt.), committee vice chairman.

Regan May Be Called

Committee Chairman Dave Durenberger (R-Minn.) indicated that the committee also intends to summon Poindexter’s superior--presumably a reference to White House Chief of Staff Donald T. Regan. “We were going to go higher anyway,” he said.

At the same time, Leahy said he hopes the President will correct “the script . . . about cooperation from two former national security advisers.” He was referring to the President’s statement in a televised speech on Tuesday, in which he indicated he had instructed both Poindexter and his predecessor, Robert C. McFarlane, to cooperate with Congress.

“We will cooperate fully with these inquiries,” Reagan said in his speech. “I have already taken the unprecedented step of permitting two of my former national security advisers to testify before a committee of Congress.”

One committee member, Sen. Ernest F. Hollings (D-S.C.), speculated that if the panel had offered immunity to North in exchange for his testimony, it would have learned that Reagan’s aides had been acting on the orders of the President when they shipped arms to Iran and diverted the profits to the Nicaraguan rebels.

No Evidence Cited

Although he cited no evidence, Hollings said he believes “they were all acting with presidential authority,” contrary to Reagan’s assertions that he had no advance knowledge of the profits transfer.

McFarlane, Poindexter’s predecessor, testified before the committee for six hours on Monday, apparently without invoking the Fifth Amendment, but his lawyer has since complained to Durenberger that leaks from the committee threaten to jeopardize the integrity of the probe. Durenberger has responded with assurances that none of the testimony received by the committee will ever be made public or shared with a criminal prosecutor.

Poindexter resigned as Reagan’s national security adviser and North was fired as his assistant last week when it was disclosed that profits from U.S. arms shipments to Iran had been used to finance the Nicaraguan rebels, known as contras . Administration officials said at the time that Poindexter did not have detailed knowledge of the diversion of funds, which they said was supervised by North.

The Senate Intelligence Committee, which oversees activities of the intelligence agencies, is the first of several congressional committees preparing to investigate aspects of the Iranian arms deal. Although the Senate is likely to create a select committee similar to the Watergate panel, it is not yet known how the House investigation will develop.

Poindexter, who had been subpoenaed by the committee, refused to answer every question put to him for nearly an hour before he left the hearing room. Leahy said the atmosphere was “very formal” as the session broke up.

Richard W. Beckler, Poindexter’s lawyer, told reporters that the former White House aide was acting on his legal advice in refusing to answer questions. He indicated that Poindexter had decided to take his lawyer’s advice, even though he knew it contradicted Reagan’s instructions.

‘Wishes to Cooperate’

“He serves the President and wishes to cooperate with every committee that wishes to ask questions of him,” Beckler said. “However, I don’t have to tell you all there has been a request for an independent counsel to be appointed and that there are requests for testimony from other committees and . . . I would be doing a disservice unless I advised my client to invoke his rights under the Fifth Amendment.”

An independent counsel would consider possible criminal charges in connection with the arms operation.

Durenberger said he believes that Poindexter is “clearly torn between his responsibility to his country and the President, and his advice from his counsel.”

There was no indication that either Poindexter or North specifically asked for a guarantee of immunity against prosecution in exchange for their testimony. Durenberger said he had not even looked into the question of whether the committee has the power to grant immunity for statements made by its witnesses. Leahy said it could not be done without requesting permission from the Justice Department.

Immunity Discussed

Sen. William S. Cohen (R-Me.) said the issue of immunity was discussed briefly, but was “not seriously” considered by the committee members. Hollings later added: “I would oppose immunity because I don’t want to go down that long path.”

Hollings, who spoke out prior to Poindexter’s appearance before the committee, also called upon Reagan to admit that those who diverted the Iranian funds to the contras were acting with his approval. Hollings said that only by “coming clean” could Reagan prevent the scandal from unfolding slowly over the next few months.

“When Col. North takes the Fifth Amendment, we can grant him immunity and if we do we’re going to catch the President,” Hollings said. Asked later what he meant by “catch,” the senator replied: “Catch him at having given the authority and knowing what happened.

“No one in this country believes that either Col. North or Poindexter acted without authority,” he added. “This is a policy that President Reagan liked. The President was pleasing the Israelis, screwing the Iranians, funding the contras and getting the hostages free. He thought it was a heck of a good policy.”

Hollings Is Criticized

Durenberger later charged that Hollings’ remarks had violated the rules of the committee, which prohibit members from discussing the proceedings with outsiders. But the South Carolina senator insisted he was not divulging anything that he had learned during the hearings.

Meanwhile, Senate Republican leader Bob Dole (R-Kan.) and Democratic leader Robert C. Byrd (D-W.Va.) were unable on Wednesday to resolve their differences over how to create a Senate select committee to investigate the matter. Dole wants to appoint the committee immediately; Byrd wants to wait until the new Congress convenes on Jan. 6.

Byrd, whose Democrats will assume the majority in the new Senate, insisted that a select committee cannot be created during a congressional adjournment, and he opposed Dole’s suggestion that the President call a special session of Congress just to create the committee. Dole indicated that Reagan had not ruled out the idea of calling a special session.