Neutrality Law Not Broken, 6 Accused of Contra Aid Say

Six men accused of funneling mercenaries and supplies to the Nicaraguan Contras argued before a judge Thursday that they are not guilty of Neutrality Act charges because the United States was waging war with Nicaragua.

U.S. District Judge Norman Roettger, who also heard testimony on the “at peace” issue Dec. 2 as part of a defense motion to dismiss the indictment, said he expects to decide the matter within days.

In the first half of the continuing pretrial hearing last month, the defendants argued that the Neutrality Act applies only to nations with which the United States is at peace. They contend that the Reagan Administration was waging a de facto war against Nicaragua’s Sandinista government at the time of their activities.

Assistant U.S. Atty. Eric Dubelier argued that no declared war existed.

Former Analyst for CIA Testifies

Thursday’s first defense witness was former CIA analyst David MacMichael, who testified that during his 1981-83 tenure the agency organized and directed the Contras against Nicaragua’s leftist Sandinista government.

“I would say they (the CIA) had a military mission,” MacMichael said. “Not only combat, but support, supplies, transportation.”

MacMichael’s testimony sought to back up Contra leader Adolfo Calero’s testimony last month that fired National Security Council employee Oliver L. North was providing the rebels with $32 million at the same time the defendants were training anti-Sandinista mercenaries.

The Miami group was indicted in June after charges of Reagan Administration foot-dragging during the investigation, which at one point became the focal point of congressional hearings.

Opponents of aid to the Contras accused then-Atty. Gen. Edwin Meese III of stalling the case because it threatened to uncover illegal activities by North.

The Miami indictment accuses the group of violating the Neutrality Act by launching operations against the Sandinista government from U.S. soil from October, 1984, to March, 1985.

The indictment accuses them of recruiting and training mercenaries to fight alongside the Contras, supplying the rebels with equipment, leading them on expeditions, including one aimed at blowing up a Nicaraguan bridge, and violating firearms laws.