CNN Plays More Noriega Jail Tapes : Narcotics: The news network defies a ban by a U.S. judge and broadcasts a recording of a discussion between the ex-dictator and his defense team.

Cable News Network on Friday played another recording of former Panamanian Gen. Manuel A. Noriega’s jailhouse conversations--this one with a member of his defense team--despite a ban against such a broadcast issued by a federal judge.

In the broadcast, Noriega speculated on the prosecutors’ strategy and discussed two potential government witnesses. Noriega is in jail awaiting trial here on drug charges.

CNN President Tom Johnson defended the broadcast, calling the judge’s order “unconstitutional prior restraint.”

U.S. District Judge William M. Hoeveler had told CNN’s attorneys shortly before the broadcast that he would hold the network in contempt of court if the tapes were played, but he did not act immediately.

During an emergency hearing Thursday, an angry Hoeveler issued the ban, saying he feared it was becoming “more and more difficult” to assure Noriega a fair trial.

Lawyers for Noriega charged Friday that recordings of the former dictator’s private telephone conversations had been given to the Cable News Network by “a high-placed person” in the Panamanian government of Guillermo Endara.

According to attorney Frank A. Rubino, the tapes, portions of which were broadcast both Thursday and Friday by CNN, were passed to the Panamanian government by the U.S. State Department. The State Department, Rubino said, obtained the tapes from someone at the prison.

“We have yet to assess the damage to the general, other than the chilling effect this will have on a fair trial,” said Rubino. “But if our information is correct, then this fact may be sufficient grounds for dismissal” of drug-smuggling charges against Noriega.

After an emergency hearing over the tapes in U.S. District Court Thursday, Rubino said he would file a motion to dismiss the indictment, charging that the release of the tapes constituted “a horrendous violation of (Noriega’s) constitutional rights.”

Asked why the State Department would hand the tapes to the Panamanian government, Rubino replied: “The government is an 80-headed snake. It’s ridiculous.”

Rubino’s allegations--for which he offered no evidence--capped another tumultuous week in the continuing legal uncertainties surrounding the case against Noriega.

Noriega has full-time access to a phone, and like all prisoners he knows that his conversations are subject to being monitored. But attorney-client conversations are considered privileged and are not to be overheard or taped. Rubino said his investigation leads him to believe “privileged material” is included in the tapes.

A State Department spokesman said the agency was aware of Rubino’s allegations, but had no comment.

The tape played Friday by CNN was a conversation between Noriega and Rubino’s secretary, who acted as a translator. She tells Noriega that two more people have been arrested in Panama and says he should review their names to determine “whatever they can know about you.”

Noriega said he knew only one of the two people arrested.

“It is very interesting because it shows their strategy,” Noriega said. “It says they are trying to induce any of the two of them to testify before the court against me.”

Other tapes played Friday were conversations between Noriega and allies, including a discussion with his mistress’ mother about the transfer of $4 million, CNN said.

Judge Hoeveler opened the Friday hearing by announcing he had received from the U.S. Attorney’s office a sealed list of all of Noriega’s phone calls.

He also refused to lift the temporary order barring CNN from broadcasting the tapes, obtained for the network by a Panama-based reporter identified as Marlene Fernandez.

“I cannot conceive that the law of prior restraint is so sacrosanct and so encompassing that there can be no fact situation which would justify enjoining publication of communications between attorney and client,” Hoeveler wrote.

The judge has also told CNN to turn over the tapes to a federal magistrate but stayed that requirement after the network appealed the gag order to the U.S. 11th Circuit Court of Appeals in Atlanta.

Terry S. Bienstock, a CNN attorney, argued that broadcasting of the tapes “has no impact on Noriega’s right to a fair trial.” Airing the tapes, said Bienstock, “can’t do anymore damage to the general’s case than has already been done, since the State Department and the Panamanian government have them.”

Noriega attorney Jon May said he was preparing arguments to be delivered in Atlanta Monday balancing the right of free speech against the right to a fair trial.

The U.S. Justice Department Friday was continuing its investigation into whether the tapes were made by the Bureau of Prisons and how they got into CNN’s hands, said spokesman Doug Tillett.

Noriega was indicted in February, 1988, by a federal grand jury in Miami on 11 counts of drug trafficking, conspiracy and money laundering. He was charged with accepting $4.6 million in bribes to protect cocaine shipments flown from Medellin, Colombia, through Panama to the United States.