Reagan Judges Block Counsels for 4th Time : Poindexter: The Iran-Contra case shows dominant role played by former President’s appointees in thwarting prosecution of ex-aides.

The ruling Friday that overturns the criminal convictions of former National Security Adviser John M. Poindexter marks the fourth time in four years that the U.S. appeals court in Washington, now dominated by appointees of former President Ronald Reagan, has undercut the prosecution of former Reagan aides.

In each instance, the rulings came on a 2-1 vote, with two Reagan appointees forming the majority and a Democratic appointee dissenting.

The 11-member U.S. Court of Appeals for the District of Columbia, which hears cases in panels of three judges, is often considered the nation’s second-most powerful court because it decides regulatory disputes involving federal agencies and because it hears appeals of federal criminal cases in Washington. There are seven Reagan and Bush appointees and four Democratic appointees on the court.

The first of the four rulings sought to block the independent counsel investigations of the Iran-Contra affair, but it was overturned by the Supreme Court.

The last two threw out the convictions of the two key Iran-Contra figures: Oliver L. North and Poindexter.

These are the four cases:

--In 1988, the appeals court struck down as unconstitutional the Ethics in Government Act and its use of independent counsels to investigate and prosecute high-level government officials. The majority opinion by Judge Laurence H. Silberman said these prosecutors unduly infringed on the President’s power. A second Reagan appointee, Stephen F. Williams, agreed. Ruth Bader Ginsburg, a Jimmy Carter appointee, dissented.

While this ruling threatened to block the probe of the Iran-Contra affair, the Supreme Court overturned it five months later on a 7-1 vote.

--In 1989, the appeals court overturned the conviction of former Reagan aide Lyn Nofziger on charges of illegal lobbying. Judge James Buckley, joined by Williams, said the independent counsel failed to prove that Nofziger “knowingly” violated federal ethics laws. Judge Harry Edwards, a Carter appointee, accused his colleagues of a “convoluted attempt” to rewrite the law to spare Nofziger. The prosecution was then dropped.

--In 1990, the appeals court voided North’s three criminal convictions, which included lying to Congress. North’s lawyers were unable to show that the congressional testimony of the former Reagan aide was used against him. But Silberman, joined by Judge David Sentelle, said the independent counsel had failed to prove that none of the witnesses had their “memories refreshed” by hearing North’s testimony.

Judge Patricia Wald, a Carter appointee, dissented, contending that North was fairly convicted. Afterward, the prosecution was dropped.

--On Friday, the appeals court overturned all five criminal convictions against Poindexter, without disputing that he lied to Congress. Judge Douglas Ginsburg, joined by Sentelle, said the independent counsel had failed to prove that witnesses were “not influenced” by Poindexter’s testimony before Congress, which was given under a grant of immunity and could not be used against him.

Abner Mikva, a Carter appointee, dissented, contending that Poindexter was fairly convicted.