Poindexter Scolded as He Takes 5th on New Subject : Accused of Abusing Constitution

Former national security adviser John M. Poindexter, who has pleaded the Fifth Amendment in the Iran- contra scandal, refused to answer questions on another subject in a House subcommittee today and members accused him of abusing the Constitution.

Poindexter’s attorney, Richard Beckler, in turn blamed the panel for making Poindexter a “public spectacle” forced to face a “sea of cameras and microphones” in the hearing room.

The two men were dismissed by the subcommittee chairman, who interrupted the attorney and told him, “I’m tired of hearing from you.”

Media Blitz

The Navy rear admiral and former presidential security adviser who has been thrust to the center of the Administration’s worst crisis was surrounded by dozens of photographers and television camera crews as he stood and was sworn in before the government operations subcommittee.

It was his first public appearance since invoking his Fifth Amendment right against self-incrimination before the House Foreign Affairs Committee in January.

He invoked the amendment four times today, refusing to answer questions about his role in a computer security policy that critics say restricts public access to government information.

Short Appearance

Poindexter arrived at the government operations subcommittee hearing at 10:38 and was excused at 11 a.m. after refusing to answer questions. He left in a waiting car and declined to talk to reporters.

Beckler read a stinging statement denouncing the subcommittee for forcing Poindexter under subpoena to appear in the hearing room and said restrictions preventing “congressional hearings from degenerating into a public spectacle” were ignored.

He said Poindexter was not prepared to answer questions and it would be “extremely ill-advised” for him to respond while under criminal investigation by a special prosecutor for his role in the Iran affair.

Rep. Jack Brooks (D-Tex.), committee chairman, angrily interrupted the attorney, saying his statement was “a matter of indulgence of the subcommittee and you’re kind of crowding it.”

Draws Criticism

Brooks and other committee members criticized Poindexter for his lack of cooperation, with Rep. Barney Frank (D-Mass.) calling his action a “perversion of the spirit of the (Fifth) Amendment.”

Frank also said Poindexter was using the amendment as a “blanket excuse” to keep from testifying before Congress and accused Beckler of “grandstanding.”

At one point, when Beckler tried to speak up on Poindexter’s behalf, Brooks cut him off abruptly, saying “I’m tired of hearing from you.” He then dismissed the former White House adviser and his attorney from the hearing room.

Poindexter was subpoenaed along with Kenneth de Graffenreid, a former special assistant to the President, to testify before the subcommittee after both refused to testify voluntarily Feb. 25.

The subcommittee is conducting hearings on the proposed Computer Security Act of 1987, which Brooks said is designed to provide for security and privacy of sensitive information in federal computer systems without restricting public access to unclassified information.

Brooks said the measure was introduced in response to two orders Poindexter issued as national security adviser to give the National Security Council authority to control public access to a range of unclassified information.

“In effect, this would give (the Defense Department) and the intelligence community ‘Big Brother’ control over all computer systems in the country,” Brooks said of the Poindexter approach.