Judge Demands Reagan Diaries : Poindexter Seeks Data for His Trial

The federal judge in the Iran-Contra case of ex-White House aide John M. Poindexter today ordered former President Ronald Reagan to turn over entries from his personal diaries to the defense.

Defense lawyers have described Reagan as one of their most important witnesses, claiming he would provide crucial evidence showing that Poindexter’s actions had been known or approved. They issued a subpoena for the ex-President’s personal papers and records.

Judge Harold Greene, in a 16-page ruling, said Reagan has until Monday to give Poindexter copies of all diary entries on six specific Iran-Contra topics and for 29 dates ranging from July 17, 1985, until Dec. 2, 1986, right after the scandal became public.

Greene said the subpoena seeks classified and highly sensitive information. He did not elaborate.

Cathy Goldberg, a spokeswoman for Reagan in Los Angeles, said she had no immediate comment on the judge’s order.

Reagan’s diaries, if disclosed, could shed new light about his role in the affair that caused the worst crisis of his Administration.

The scandal involved the sale of U.S. arms to Iran and the diversion of profits from the sale to the U.S.-backed Contra rebels in Nicaragua. Reagan has denied knowing about or authorizing the diversion scheme.

Greene said the next move would be up to Reagan in deciding whether to assert executive privilege claims in refusing to turn over the diary entries.

If Reagan claims executive privilege, there would be a hearing in open court on whether the diaries were material and crucial to Poindexter’s defense.

But Greene already has reviewed the material in secret and it probably would be difficult for Reagan and the Justice Department to change his mind and convince him that diary entries were not needed for Poindexter’s defense.

Poindexter, a retired Navy admiral and former White House national security adviser under Reagan, faces five criminal charges of conspiracy, obstructing Congress and making false statements to cover up the scandal. His trial is due to start Feb. 20.

Reagan was ordered to produce a diary entry about a “successful” trip Poindexter took in December, 1985, to Central America, at a time when Congress had banned U.S. military assistance to the Contras.

“The entry includes a somewhat ambiguous comment arguably indicating that the former President knew” of Poindexter’s “activities on behalf of the Contras,” Greene said.

Greene said he reviewed certain diary entries that were made after then-Atty. Gen. Edwin Meese III in November, 1986, told Reagan that millions of dollars from the Iran arms sales had been funneled to the Contras.

“The court has concluded that (the entries) contain no information to sustain defendant’s contention that President Reagan knew of and authorized the diversion or other (National Security Council) activities in support of Contra military operations,” Greene said.

He said the entries indicate that Reagan may have known that some private citizens had contributed money to the Contras, but added, “there is no mention of any presidential knowledge or specifics.”