Poindexter Trial Delayed; Reagan Notes Sought

A federal judge on Thursday delayed the start of John M. Poindexter’s Iran-Contra trial and demanded to see excerpts from former President Ronald Reagan’s diaries and notes, which Poindexter wants to use in court.

U.S. District Court Judge Harold H. Greene said, “President Reagan shall produce for the court’s . . . inspection” by Jan. 7 some of the materials sought by Poindexter. Greene will then determine if the material is relevant to the criminal charges against Reagan’s former national security adviser.

Greene moved back the Jan. 22 starting date of Poindexter’s trial until Feb. 20, saying that a delay is necessary because of pending issues. Those include Poindexter’s subpoenas, approved by the court, seeking Reagan’s documents.

Greene quashed major portions of Poindexter’s subpoenas for documents from the former President, but kept in place the most sensitive sections, those dealing with Reagan’s diaries, notes and notebooks.

“The court is not disposed to requiring President Reagan to make wholesale production of documents which ultimately may turn out to contain little or no material evidence,” the judge said.

“The obvious answer to this dilemma . . . is an . . . examination by the court of the relevant excerpts from the former President’s diaries, notes and notebooks to determine whether they contain specific evidence that should be produced,” Greene said.

He said “legal and historical precedents indicate” that a review by him is appropriate “of the presidential papers at issue.”

Greene said he will review the Reagan documents and “render a decision on the . . . parts of the Reagan diary, notes and notebooks that must be made available” to Poindexter.

Poindexter obtained court approval to issue the subpoena for Reagan’s documents by submitting a secret paper outlining what he believes they contain.

The judge said that Reagan and President Bush will be permitted to see that paper next month, if Reagan invokes executive privilege in response to any decision by Greene to turn Reagan documents over to Poindexter.

Executive privilege is the legal concept by which presidents can shield from public disclosure documents used in carrying out their constitutional duties. In the Watergate cases involving former President Richard M. Nixon, courts ruled that the privilege could not be used to protect evidence needed in a criminal trial.

Poindexter also sought approval earlier this week to subpoena Reagan, seeking testimony from the former President in person.

Greene set up a schedule for Reagan’s lawyers and Bush to file objections to that testimonial subpoena and for Poindexter’s lawyers to respond to the objections.

Reagan met with Poindexter daily, often alone, and discussed specific matters that now are connected to the criminal charges against Poindexter, the former national security adviser says.