Tower May Testify in Defense Probe : Subpoenaed to Show His Actions Paralleled Defendant’s

Defense Secretary-designate John Tower has been subpoenaed in the Pentagon procurement fraud investigation by a defense lawyer who wants to establish that his client did the same thing--advising arms makers--that Tower was paid $750,000 to do after he left the Senate.

The subpoena was issued Thursday night as the FBI neared completion of a report that so far has found no evidence implicating Tower in illegal contributions to his campaign. A witness in the so-called Ill Wind procurement fraud case recently alleged that defendants in the case had funneled illegal contributions to Tower’s campaign fund when he was a senator.

But the subpoena means that Tower, who as defense secretary would be the Bush Administration official chiefly responsible for reforming the Pentagon, may have to testify this spring in the trial of a defense consultant indicted on charges of conspiracy, bribery, wire fraud and making false statements.

Panel Awaiting Final FBI Report

As the Senate Armed Services Committee awaits the final FBI report--expected to arrive on Capitol Hill as early as Monday--the panel is focusing once again on Tower’s behavior in Geneva, where he served 15 months as a negotiator in the arms reduction talks.

Sen. John W. Warner (R-Va.) told reporters Friday that the committee is trying to reach Kenneth L. Adelman, former director of the Arms Control and Disarmament Agency, who told The Times Wednesday that Tower’s “lack of discretion” while in Geneva “proved troublesome” and should be considered by the Senate in reviewing Tower’s nomination.

“We are endeavoring to get ahold of Mr. Adelman to determine whether or not he wishes to consult with us, possibly appear before the committee,” Warner said.

Warner added that he and Senate Armed Services Committee Chairman Sam Nunn (D-Ga.) hope to be briefed on the FBI’s latest round of investigations as early as Monday and to convene a committee meeting to discuss the evidence on Tuesday or Wednesday.

Meanwhile, the White House continued to express support for the embattled Tower, who met throughout the day with transition team members at the Pentagon. A White House spokesman, B. J. Cooper, said that there was “no discussion whatsoever about any change in confidence in Sen. Tower’s nomination or that he will be confirmed.”

“I’m not worried,” President Bush told reporters on a visit to St. Louis. At the same time, the President refused to respond directly to questions about new allegations or the soon-to-be-released FBI report.

But Tower’s potential role as a witness for the defense in the Pentagon fraud case may cause further concern over his ability to reform the Pentagon.

Tower was served with the subpoena, obtained by defense lawyer Gerard F. Treanor, at the Jefferson Hotel, where he is living temporarily. Treanor represents William L. Parkin, who is charged with paying another consultant to bribe a Navy official for inside information on a $24-million electronics contract sought by Teledyne.

“We think his (Tower’s) conduct as a consultant has been thoroughly investigated by the FBI and found to be satisfactory,” Treanor said. “We want to compare it with Mr. Parkin’s.”

Mark H. Tuohey III, a Washington attorney representing Teledyne Inc. and three Teledyne executives who awarded Parkin a consulting contract in December, 1985, said that he also expects to call Tower to testify at the trials of his clients on the fraud and conspiracy charges.

Consulting Functions Called Legitimate

“The intention is to present evidence to the jury that Tower performed the kind of legitimate consulting functions for his clients that Teledyne and other defense contractors expected of their consultants, including William Parkin,” Tuohey said.

But a source close to Tower dismissed the subpoena as a “preposterous” courtroom ploy. He acknowledged that the linking of Tower with the Ill Wind defendants was unfortunate.

“This is a Melvin Belli sort of strategy--that if Bush stands by Tower and Tower is going to be defense secretary, then what these guys did was just fine. That’s the kind of disingenuousness that’s marked their entire shoddy careers,” Tower’s associate said.

A House panel may reopen questions raised by Adelman about Tower’s tenure on the U.S. negotiating team in Geneva. According to documents held by the House Energy and Commerce Committee’s subcommittee on oversight and investigations, U.S. investigators charged that Tower had extramarital affairs with two secretaries in his office in Geneva. The investigators were probing security lapses at the U.S. mission in Geneva.

The staff of the House panel met with one of the investigators, Brian Hess of the Air Force Office of Special Investigations, after Hess was interviewed Friday morning by the Senate Armed Services Committee. The subcommittee expects to interview another investigator, State Department diplomatic security agent Berne Indahl, this weekend.

Rep. John D. Dingell (D-Mich.) has offered the documents to Nunn’s Senate panel. But Nunn downplayed the importance of charges arising from Tower’s tenure in Geneva, saying: “We are continuing to get recirculation of stories that have been checked out over four, five, six weeks . . . . I think these things have not checked out.”

Confirmation Seems Less Certain

It has been three months since Tower first met with then-President-elect Bush to discuss the top defense post. With the Senate’s review now stalled in its third week, Tower’s confirmation once again seems uncertain. Lawmakers have focused on Tower’s alleged drinking, womanizing and unseemly closeness to defense contractors.

On Thursday, Sen. Dave Durenberger (R-Minn.) said that he doubts Tower can be confirmed by the full Senate.

And one Republican congressman, suggesting that Tower has become a political liability for the Bush Administration, urged the former senator to withdraw his nomination.

“I wish out of his respect for George Bush, and his very strong feelings throughout the years for the defense system, he would withdraw his name from nomination,” said Rep. Sid Morrison (R-Wash.).