Recollections Are Confused, North Says

Former White House aide Oliver L. North said Tuesday that he can’t be a prosecution witness against John M. Poindexter because his recollection of events in the Iran-Contra affair has been affected by Poindexter’s congressional testimony.

At a pretrial hearing in the Poindexter case, North testified that he cannot discern what he learned from his own experiences and what he learned from the testimony of “countless witnesses,” including Poindexter, a former national security adviser for President Ronald Reagan.

“It’s obviously (North’s) desire not to testify against” his former boss, U.S. District Court Judge Harold Greene said.

North likened his situation to attending a football game, watching a play on the field and seeing it again on the replay screen.

“I can’t tell you what is the product” of having seen the action on the field and “having observed the replay three times from a different angle,” North testified.

“We don’t care about the other witnesses,” said Greene in ordering North not to rely on Poindexter’s testimony. “I am sure it’s somewhat difficult, but you just have to do the best you can.”

Poindexter was in court and listened attentively as North testified.

Under a 1972 Supreme Court ruling, the government may make no use of testimony that it forces a defendant to give by granting him or her limited immunity. That extends to testimony given by other witnesses who may have been influenced by the immunized statements.

The hearing was called so Greene can determine if North was tainted by testimony that Poindexter gave to Congress in 1987 under such a grant of immunity.

Associate independent counsel Dan Webb tried to get North, a former National Security Council staff member, to detail his meetings with Poindexter and to elaborate on North’s own testimony at his criminal trial in April.

North initially invoked his Fifth Amendment right against self-incrimination when he was called to the witness stand. But the office of independent counsel Lawrence E. Walsh obtained an order from Greene compelling North to testify in exchange for a promise not to prosecute him for his statements as long as he tells the truth.

Poindexter faces trial on Jan. 22 on criminal charges of conspiracy and two counts each of obstructing Congress and making false statements in connection with the Iran-Contra affair.