Reagan Diary to Stay Secret, Judge Rules

The judge in John M. Poindexter’s Iran-Contra trial reversed himself today, saying former President Ronald Reagan does not have to produce diary entries sought by his one-time national security adviser.

U.S. District Judge Harold H. Greene issued the ruling as the jury began watching eight hours of videotaped testimony by Reagan.

Greene had ordered Reagan to turn over the diary but said after reading the three dozen entries sought by Poindexter that the material is not “essential to the achievement of justice in this case.”

Poindexter said he needed the excerpts because Reagan, in his taped testimony, “professed a total inability to recall” the diversion of Iran arms sale proceeds to the Nicaraguan Contras and a 1985 Hawk missile shipment.

Defense lawyers also said Reagan was unable to recall Poindexter’s activities on behalf of the Contras.

Poindexter is charged on five felony charges of conspiracy, making false statements and obstructing Congress in connection with the Iran-Contra affair.

“Mr. Reagan did testify under oath at great length about many specific activities in his Administration--an event that is unprecedented in American history,” Greene said in a 14-page ruling.

He granted Reagan’s motion to quash Poindexter’s subpoena for the entries, which relate to both the Iran initiative and Contra resupply operation, saying they “offer no new insights about these events.”

Reagan, later joined by the Bush Administration, fought the subpoena by invoking executive privilege.

“If the concept of executive privilege is to retain any meaning, it will surely shield personal presidential papers from production . . . on so flimsy a basis,” Greene said.

“The inability of a witness to recall . . . does not automatically entitle a party . . . to rummage through . . . personal papers, including his personal diary,” he said.

Reagan’s videotaped testimony taken Feb. 16-17 was shown in Greene’s courtroom on television monitors, including one positioned in front of the jury.

The jury is expected to spend all day today and Thursday morning watching the eight-hour videotape.