Imprison Poindexter, Prosecutors Urge Judge : Iran-Contra: Jail term is seen as a warning to other officials. Reagan’s former national security adviser is to be sentenced Monday.

Federal prosecutors Wednesday urged that John M. Poindexter, the highest-ranking official convicted in the Iran-Contra scandal, be sent to prison for feeding “a diet of lies” to Congress.

Although two other convicted former White House aides in the Ronald Reagan Administration have not been sentenced to serve time in prison, prosecutors cited special reasons why Poindexter should be punished by “a period of incarceration.”

In a sentencing memorandum filed in federal court, they stressed that, as Reagan’s national security adviser, Poindexter had been Oliver L. North’s superior. And, unlike Robert C. McFarlane, the other former White House aide convicted in the scandal, Poindexter never acknowledged that he had done anything wrong.

The retired Navy vice admiral was convicted by a jury on April 7 of five charges of obstructing Congress. The jury found that he had lied about U.S. arms shipments to Iran and had covered up both the diversion of arms sale proceeds to Nicaraguan rebels and North’s activities in supporting the rebels.

Poindexter, 53, who did not take the witness stand at his trial, faces a maximum sentence of 25 years in prison and fines of $1.25 million. He is appealing his conviction.

At the time of Poindexter’s obstruction in 1985 and 1986, Congress was investigating reports that the National Security Council--and principally North--had violated a congressional ban on direct and indirect military aid to the Contra forces, which were fighting the leftist Sandinista government of Nicaragua.

Independent counsel Lawrence E. Walsh and associate counsel Dan K. Webb said in the memorandum that the American system of government “relies fundamentally upon the exchange of truthful information” between the executive and legislative branches.

“If, as occurred in this case, high-ranking officials of one branch of government feel free to feed the other branch a diet of lies, then the constitutional system will surely sicken and eventually die,” they declared.

“The sentence imposed must be adequate to punish the defendant for his criminal conduct and to warn other high-ranking public officials that criminal violations of the public trust will result in more than mere loss of public employment.”

U.S. District Judge Harold H. Greene, who is scheduled to sentence Poindexter on Monday, took the memo under advisement. Richard W. Beckler, Poindexter’s attorney, refused to comment but will have an opportunity to address Greene before sentence is imposed.

Reagan, in videotaped testimony presented to the jury, acknowledged that he had authorized a secret sale of missiles to Iran in 1985 but said that he had not known about any diversion of funds. Reagan added that he did not authorize anyone to lie to Congress or to break any laws and did not believe, in fact, that any laws were violated.

In view of Reagan’s testimony, “there can be no serious argument in this case that the defendant is entitled to leniency because he was a mere subordinate,” the prosecutors said, noting that North had contended at his own trial that he was following the orders of Poindexter and McFarlane, who preceded Poindexter as national security adviser.

“This defendant (Poindexter) occupied a position where his judgment was critical, and, in many instances--if former President Reagan’s deposition testimony is any guide--final,” their memorandum concluded.

North, a retired Marine lieutenant colonel who was compelled by prosecutors to testify at Poindexter’s trial, was convicted last year of three felonies in the scandal and was sentenced to two years’ probation, fined $150,000 and ordered to perform 1,200 hours of community service in a drug education program for youths.

McFarlane, who pleaded guilty in 1988 to four misdemeanor charges of withholding information from Congress, received a sentence of two years’ probation, $20,000 in fines and 200 hours of community service.