Official Hits Effort to Limit Executive Branch Secrecy

Assistant Atty. Gen. Charles J. Cooper testified today that congressional attempts to limit Administration secrecy in the wake of the Iran-Contra scandal would unconstitutionally infringe on the President’s foreign policy prerogatives.

Cooper, in remarks before the Senate Intelligence Committee, expressed the Administration’s opposition to Senate and House proposals requiring the President to notify Congress of all covert operations within 48 hours.

Sen. William S. Cohen (R-Me.), vice chairman of the intelligence panel, accused the Administration of trying to “stall” committee action on the bill by postponing the testimony of Cabinet officials.

“The committee had been repeatedly advised,” Cohen said in his opening statement, “that certain Cabinet officials had a burning desire to testify . . . but that they could not be available for several weeks--only to learn those same officials were unaware even of the existence of the legislation.”

Helped 1986 Inquiry

Cohen did not identify the Cabinet officials.

Cooper helped conduct the November, 1986, fact-finding inquiry by Atty. Gen. Edwin Meese III that led to the discovery of Lt. Col. Oliver L. North’s memo on the diversion of Iran arms sale profits to the Nicaraguan rebels.

In his testimony, Cooper said that “the absolute requirement that the executive branch provide all information requested by the intelligence committees may impede the President’s ability to discharge his constitutional responsibilities in the area of foreign affairs.”

President Reagan issued a secret executive order earlier this fall allowing Presidents to withhold notification of covert operations from Congress in unusual circumstances.

Both Call for Notification

Bills under consideration by the Senate and House intelligence committees would require the President either to give prior notification of covert operations to eight congressional leaders or, in some cases, to inform them within 48 hours of the initiation of the action.