White House Sets Tests for Covert Acts

Stung by the unfolding Iran- contra scandal, the Administration has reviewed its procedures for covert action and now has four “tests” for such actions, presidential spokesman Marlin Fitzwater said today.

He said the tests are: “Is it legal? Has it been adequately briefed to the Congress? Does it support U.S. policy? And if it becomes public knowledge, will it be acceptable to the American people?”

As a result of this review, the spokesman said, some covert actions have been reaffirmed by Reagan, some consolidated and others terminated. He would not say how many had been terminated.

Congress Now Informed

“There is no covert finding or action in effect about which the (Capitol) Hill has not been informed,” Fitzwater said.

He said he believes these changes, made since Frank Carlucci replaced John M. Poindexter, “go a long way toward improving the system for determining covert actions and making sure that the President reviews them and makes the kind of judgments that only the President should make.”

Fitzwater said President Reagan also intends to seek a revision of procedures to keep Congress better informed of covert operations.

“We think the current system is working in a general sense, that the Congress can be trusted,” he said. “Nevertheless, the hearings do show that there may be improvements, there may be changes in the Congress, but those are really calls for the Congress to make.”

Joint Panel Possible

He said one possibility would be creation of a joint intelligence committee, instead of separate committees of the House and Senate, as suggested by Vice President George Bush.

The hearings revealed a determined Administration effort to hide from Congress the plan to sell arms to Iran in hopes of winning freedom for the American hostages in Lebanon. The law requires Congress be informed of such covert operations in a timely fashion.

Fitzwater also said Reagan was done a “disservice” by former National Security Adviser Poindexter when he failed to let the President make the decision to divert Iranian arms sale profits to the contra rebels.

No Comment on Motives

Although Fitzwater said he would not draw a conclusion on Poindexter’s “motives and actions” because he is under investigation by a special prosecutor, he nevertheless declared: “Any time the President is not allowed to make a decision that is presidential, he is done a disservice.”

He also suggested that Reagan may have been hurt politically by the failure to have “good people making honest and sound judgments.”

Poindexter told the congressional Iran-contra committees on Wednesday that he did not tell Reagan about the diversion to spare the President political embarrassment.

“The President should have the right to make decisions on all issues that are presidential, and that process should not be subverted,” Fitzwater said.

Poindexter Contradicted

Fitzwater contradicted Poindexter’s contention that even if he had shown Reagan a document revealing the contra aid diversion, “he would have approved it.”

Fitzwater said: “Had he known, it wouldn’t have happened.”

Fitzwater also said the White House is laying the groundwork for Reagan to make a major speech when the hearings are over.

“The President has indicated that he would have comments at some point when the hearings are over,” Fitzwater said.

The spokesman told reporters that Communications Director Thomas C. Griscom has been “discussing themes and speech possibilities, but no final decision has been made.”