Weather Today: Partly sunny, windy. snow shower late. High 38. Low 25. Wind 12-24 mph. Saturday: Partly sunny, very windy. High 30. Wind 20-40 mph. Yesterday: Temp. range: 26-46. Wind chill: -1. Details on D2. a 116TH YEAR No.20 FRIDAY, DECEM1 Bush Pardons Weinberg Questions About Hill's Prerogatives Remain

By Dan Morgan and Walter Pincus Washington Past Staff Writers The pardoning of former defense secretary Caspar W. Weinberger and five others leaves large, unresolved questions about the sanctions available to Congress when it is thwarted in attempts to find the truth about presidential actions in a controversial foreign policy initiative. The common denominator among all those pardoned by President Bush yesterday is that each had been charged with or convicted of lying to, misleading or withholding information from Congress. NEWS ANALYSIS They included officials of the Defense De- partment, the State Department, the Na- tional Security Council and the Central Intelligence Agency. Bush yesterday criticized the indictments as an at- tempt by independent counsel Lawrence E. Walsh to "criminaliz[el policy differences" that should have been addressed "in the political arena." But the real question raised by the Iran-contra affair is whether Congress can have a serious policy discussion with the Executive Branch when it is denied access to critical facts. As Walsh noted yesterday, Weinberger was indicted not for the policy positions he took, but for concealing from Congress and from Walsh notes containing infor- mation crucial to a full understanding of Iran-contra. In the most recent phase of his investigation, analysts said, Walsh indicted highly placed Reagan administra- Former defense secretary Caspar tion officials for not fully or truthfully disclosing facts to congressional investigators once the initial outlines of W. Weinberger, denouncing Walsh the arms-for-hostages deals and the secret resupply of as "lawless and vindictive," called the contra rebels had been made public. In most cases where Walsh filed indictments, the in- his indictment "a grotesque use of dividuals involved were concealing information that contradicted what the administration previously had [the independent counsel's] really told the public. None of those pardoned had been criminally charged very dangerous power." See IRAN-CONTRA, A28, Col. I A28 FRIDAY, DECEMBER 25, 1992 .n THE WASIIINGTON Pardon Leaves Questions About Con

IRAN-CONTRA, From Al a covert arms supply operation in caraguan government forces cap- , and the illegal pres- tured a U.S. citizen working for because of what he did during the ence of U.S. advisers in the region, North. Iran-contra affair itself. In each case, House and Senate chairmen on key At the same time, although the the alleged criminality occurred af- congressional committees made no Intelligence Oversight Act of 1980 terwards, when Congress attempted serious effort to investigate or ques- created specific guidelines for the to find out details that might have tion administration officials. Executive Branch to inform Congress contradicted or embarrassed the The result was that NSC aide Lt. of covert intelligence actions abroad, president, the CIA or the NSC. the Reagan administration took ad- Yet Congress itself is far from vantage of loopholes to withhold key blameless in the course the affair information about the other half of In the mid-1980s, the scandal—the sale of arms to Iran took. By not aggressively examin- in exchange for Iranian assistance in ing the Reagan administration ini- Congress may have the release of U.S. hostages held in tiatives toward Iran and Central Lebanon during 1985 and 1986. It America in the mid-1980s, Con- signaled it was was the money from Iran that helped gress may have signaled to the ad- fund the covert contra resupply. ministration that it was more con- more concerned Only when the policies in Iran and cerned with public posturing than Central America failed and were ex- with serious oversight. with public posed did Congress make a serious Congress passed amendments in posturing. effort to get at the truth. According 1984 and 1985 banning or limiting to a number of the indictments ob- tained by Walsh, it was then that the U.S. military aid and advice to the Col. Oliver L. North was able to , the guerrilla force fighting administration moved to cover up key direct a covert resupply operation aspects of the affair. the pro-communist government in for the contras from the White The alleged coverup became the . But despite persistent House until the U.S. cover was focus of the final phases of Walsh's news reports and other indications of blown in October 1985, when Ni- investigation, nearly three years POST gressional Sanctions after it had begun. Some, such as official Alan D. Fiers Jr., former as- New York attorney Arthur L. Li- sistant secretary of state Elliott Ab- man, chief counsel of the Senate rams, and former CIA official Duane Select Committee that investigated R. "Dewey" Clarridge, who was set to Iran-contra, criticized Walsh for not go on trial next year on seven counts immediately going after North for of perjury and making false state- destroying Iran-contra records, ments. rather than pursuing his involve- Walsh charged yesterday that the ment in a broad conspiracy. pardon of Weinberger and other North eventually was convicted officials meant that the "Iran-contra of obstructing Congress, although coverup has now been completed." the conviction was thrown out be- He said that Weinberger's "early cause the judge said key testimony and deliberate decision to conceal was tainted by information North and withhold extensive contempo- gave Congress under immunity. raneous notes of the Iran-contra On Dec. 9, former CIA deputy di- matter radically altered the official rector for operations Clair E. George investigations and possibly fore- . • . also received pardon from Bush was convicted on two counts of lying stalled timely impeachment pro- to Congress. The jury concluded that ceedings against President Reagan George had perjured himself when and other officials." Weinberger's notes say that Pres- he went before the Senate intelli- Walsh also revealed that Bush had ident Ronald Reagan and his aides gence committee on Dec. 3, 1986, withheld notes that could shed addi- discussed trading five U.S. hostages and had made a false statement to tional light on his role and that of oth- for 4,000 TOW anti-tank missiles, the House intelligence committee on ers. according to the indictment. Oct. 14, 1986. One count added on Oct. 30 to Bush has maintained that he was Others pardoned yesterday includ- the original Weinberger indictment unaware that the was ed former National Security adviser said Bush attended a Jan. 7, 1986, trading arms for hostages until late in Robert C. McFarlane, former CIA meeting on the Iran initiative. 1986.

Sections A News/Editorials B Style/Television/Classified C Sports/Business/Comics D Metro/Obituaries Inside: Weekend ton i Ill o Today's Contents: Page A2

Prices May Vary in Amax Outside BER 25, 1992 Metropolitan Washington (See Box on A2) 25c er in Iran-Contra Affair Five Others Involved Also Win Clemency

By Walter Pincus Washington Poet Stall Writer President Bush yesterday pardoned former defense secretary Caspar W. Weinberger and five other former government officials involved in the Iran-contra affair because "it was time for the country to move on." Independent counsel Lawrence E. Walsh, who had prosecuted all six of those Bush pardoned, angrily de- clared that Bush's action meant that "the Iran-contra coverup, which has continued for more than six years, has now been completed." But Walsh gave notice that he was still not finished with his investigation, indicat- ing that he is now focusing on Bush himself. Walsh disclosed that he had learned for the first time on Dec. 11 that Bush had "his own highly relevant con- temporaneous notes" about the Iran-contra affair, which he "had failed to produce to investigators . . . despite repeated requests for such documents." He said Bush was still handing over these notes, a process that "will lead to appropriate action." Withholding the notes until now constituted "miscon- duct" by Bush, Walsh said in a prepared statement, and like Weinberger's withholding of his notes, was part of "a disturbing pattern of deception and obstruction that permeated the highest levels of the Reagan and Bush administrations." Last night, in an interview on PBS's "MacNeil/Lehrer Independent counsel Lawrence E. NewsHour," Walsh went further, saying Bush is "the subject now of our investigation." Walsh said the pres- Walsh said that the president's ident may have "illegally withheld documents" from Iran-contra investigations. action meant that the Sources close to the Walsh investigation said the in- dependent counsel believes Bush acted yesterday, in "Iran-contra coverup, which has part, to head off a trial of Weinberger that could have embarrassed the president. Walsh said on Mac- continued for more than six years, Neil/Lehrer that in pardoning Weinberger, Bush was has now been completed." "pardoning a man who committed the same type of mis- conduct.that he [Bush] did." See PARDONS, A26, Col. 1 PARDONS, From AI be willing to release these notes to as a response to "a profoundly trou- the public. The source would not bling development in the political Senior administration officials explain why Walsh only learned of and legal climate of our country: the denied that Bush had any self-inter- the notes on Dec. 11. criminalization of policy differences. eked motive for pardoning Wein- Bush said yesterday he would These differences should be ad- berger and five others: former na- make public a transcript of his own dressed in the political arena, with- tional security adviser Robert C. five-hour appearance before out the Damocles sword of crimi- McFarlane, former assistant sec- Walsh's lawyers in 1988, and said nality hanging over the heads of the retary of state Elliott Abrams, and Weinberger planned to release all of combatants." three former CIA officials, Clair E. his personal notes. "No impartial Walsh disputed that character- George, Alan D. Fiers Jr. and person has seriously suggested that ization, which has been used pre- Duane R. "Dewey" Clarridge. my own role in this matter is legally viously by a succession of Iran- McFarlane, Abrams and Fiers all questionable," Bush asserted. contra defendants and other critics pleaded guilty to charges involving In his proclamation granting "ex- of Walsh's investigation. Walsh not- the witholding of information from ecutive clemency" to Weinberger ed that Weinberger was indicted for Congress; George was convicted of and the others. Bush described his concealing notes from Congress and two counts of lying to Congress, pardons as part of a ''healing tradi- from the special counsel. Withhold- and Clarridge was scheduled to go tion" as old as the Republic, citing ing those notes when they were on trial in March on seven counts of precedents including President An- originally requested by congres- perjury and making false state- drew Johnson's pardon of soldiers sional investigators in 1987 "rad- ments to Congress. who fought for the Confederacy and ically altered the official investiga- I One senior administration source President Jimmy Carter's pardon of Lions and possibly forestalled timely said the Bush notes about which Vietnam-era draft dodgers. Yester- impeachment proceedings against Walsh spoke were just a "political day's pardons, he suggested, were President Reagan and other offi- diary' that Bush had started to keep appropriate at the successful con- cials." in November 1986. The source said clusion of the Cold War. Walsh added that "Weinberger's Bush had nothing to hide and would Bush also described the pardons notes contain evidence of a conspir- acy among the highest-ranking Rea- gan administration officials to lie to Congress and the American peo- ple." On television last night, Walsh added: "Lying to Congress is not a poliOy question." Walsh was named an independent counsel in December 1986 after then-Attorney General Edwin Meese III disclosed that profits from the secret arms-for-hostages sales of American weapons to Iran had been diverted to support the Nicaraguan contra rebels. At that time Congress had banned U.S. mil- itary assistance to the contras. This was the beginning of the Iran- contra affair, a political and legal struggle that has continued ever since. Weinberger called a news con- ference yesterday to denounce Walsh as lawless and vindictive." His indictment, Weinberger said, aras "a grotesque use of this really eery dangerous power." He ex- xessed gratitude to Bush for grant- ng the pardon, which his lawyers Ormally requested in a letter to the BY UJCiAll PER5NS-154E WASHiPoGION POSY iresident sent last Friday. Caspar W. Weinberger with lawyer Carl Rauh at news conference yesterday. Bush called Weinberger 'a true american patriot" who had served its country with great distinction Ind noted that both Weinberger and his wife now suffer from "debilitat- ing illnesses." "I am pardoning him not just out of compassion or to spare a 75- year-old patriot the torment of lengthy and costly legal proceed- ings,' Bush said, "but to make it possible for him to receive the hon- or he deserves for his extraordinary service to our country." . Sen. Robert J. Dole (R-Kan.), the Senate minority leader and a bitter critic of Walsh's investigation, hailed the pardons yesterday. Dole described Bush's proclamation as a "Christmas Eve act of courage and compassion," adding that "Law- rence Walsh and his desperate henchmen would have stopped at nothing to validate their reckless $35 million inquisition, even if it meant twisting justice to fit their partisan schemes." Asked about the pardons at a news conference in Little Rock, Ark.. President-elect Clinton said: "1 am concerned by any action which sends a signal that if you work for the government you're above the law, or that not telling at the highest levels of the Reagan a pardon for their client. It imme- administration, considered Wein- diately received high-level consid- berger a key figure because he had eration, leading to White House concealed contemporaneous notes meetings Monday and Tuesday in- that contradicted the public state- volving Bush, White House counsel ments of Reagan and others, includ- C. Boyden Gray and White House ing Bush, about the arms sales and Chief of Staff James A. Baker HI, administration deliberations related to them. according to knowledgeable Walsh sought to persuade Wein- sources. Bush made the final deci- berger to plead guilty to a misde- sion to grant the pardons yesterday meanor charge and then cooperate in at Camp David. where he had gone exposing the alleged Cabinet-level for the Christmas holiday. coverup. But Weinberger refused, Yesterday's pardons deprive denying that any coverup had oc- Walsh of all the ongoing prosecu- curred, tions launched by his office, forcing When it became clear that he him to redirect his efforts. Sources faced indictment, Weinberger's de- close to the special counsel said he fense lawyers, Robert S. Bennett and would next decide what to do about Carl Rauh, began an elaborate cam- Bush's newly disclosed notes. paign to change Walsh's mind. They Asked yesterday if he would "go enlisted Gen. Colin L. Powell, chair- after" Bush on the issue of these man of the Joint Chiefs of Staff who notes, Walsh responded: "1 don't was Weinberger's military aide at the time of the secret arms ship- want to speculate on that 'til we're ments to Iran, and the two ranking through." Sources close to the in- senators on the special Iran-contra vestigation would not discuss how investigating committee, Daniel K. they learned about Bush's notes. Inouye (D-Hawaii) and Warren B. Walsh's final task is to complete Rudman (R-N.H.), all of whom for- work on a report on his six-year, $31 mally stated to Walsh that there was million investigation. The report will no reason to indict Weinberger. But give Walsh an opportunity to spell Walsh proceeded with the indict- out what he called yesterday "the the truth to Congress, under oath, ment. details and extent of this coverup." is somehow less serious than not As the trial approached, Wein- Walsh provided his reactions to telling the truth to some other berger's lawyers sought support for the pardons at a news conference in body, under oath." But he said he a presidential pardon, not only from Oklahoma City, his hometown. A would withhold further comment those three but also from other po- reporter there asked, "Is the mes- until he knew "all the details" of the litical figures, including Democrats pardons. and Republicans. Walsh also suf- sage here that if you work for the Rep. Richard A. Gephardt (13- fered from a series of public embar- government, you're above the law?' Mo.), the House majority leader, rassments, including appeals court Walsh replied, "That depends on called the pardons "disturbing." He reversals of his convictions of for- the president you work for." said laws were violated" in the mer White House aides John M. Bush ended his proclamation of Iran-contra affair, "and those vio- Poindexter and Oliver L. North. clemency by saying, "In granting lations are not being treated seri- Then in the last week of the pres- these pardons today, I am doing ously." idential campaign, Walsh's office what I believe honor, decency and Former president Ronald Reagan brought a new count against Wein- fairness require." issued a statement expressing plea- berger, citing one of his notes that Bush did not pardon former Air sure that Bush had pardoned the six contradicted Bush's longstanding Force major general Richard V. Se- officials. "These men have served contention that he never knew of cord, Albert Hakim and Thomas G. their country for many years with Weinberger's and Shultz's strong Clines, all of whom either pleaded honor and distinction," Reagan said. opposition to the Iranian arms-for- guilty or were convicted by Walsh in Yesterday's pardons were the hostages deals. culmination of legal efforts on Wein- Numerous Republicans, including the Iran-contra affair. Bush aides berger's behalf that began long be- Dole and Vice President Quayle, said those three were not considered fore he was indicted June 16, 1992. said this highly publicized move on for pardon because, unlike the for- Weinberger's attorneys argued the Friday before Election Day mer government officials, they stood from the outset that it was unfair to slowed the momentum the Bush to make a financial gain from their take legal action against one of the camp claimed was building against Iran-contra activities. two senior officials of the Reagan Clinton. Republican criticism of In his statement, Bush noted that administration—Secretary of State Walsh intensified when the judge in the six who were pardoned had a George P. Shultz was the other— the Weinberger case, Thomas F. common denominator in that "they who actively opposed the secret Hogan, threw out the new count on did not profit or seek to profit from sale of arms to Iran to win release legal grounds. their conduct." of American hostages in Lebanon. Against this backdrop Bennett But Walsh, convinced that he was and Rauh sent a formal letter to the Staff writer Helen Dewar investigating an elaborate coverup White House last Friday requesting contributed to this report IRAN-CONTRA: THE INVESTIGATION TO DATE STATUS OF KEY FIGURES IN THE 6-YEAR, $31 MILLION PROBE

ABRAMS CtARRIDGE PERS GEORGE IlleFRIKANE WEINBERGER

SIX CASES END IN PARDONS

Name, Role Counts Status before pardon

Elliott Abrams Pleaded guilty to two misdemeanor charges Two years' probation and Former assistant secretary of withholding information regarding Reagan 100 hours' community service. of state for inter-American administration's secret support for affairs the contras.

Duane R. Clarridge Seven counts of perjury and making Plea: Not guilty. Trial date had been Former CIA senior official false statements regarding a shipment set for March 15, 1993. of missiles to Iran.

Alan D. Fiers Jr. Pleaded guilty to two misdemeanor counts of One year of probation and 100 hours' Former CIA chief Of withholding information from Congress. community service, Central American Task Force

Clair E. George First trial in August 1992 ended in Convicted Dec. 9, 1992, of two counts Former CIA deputy mistrial. Second trial ended this of lying to Congress. Sentencing had director for operations month: Nine counts of perjury, false been set for Feb. 18. statements and obstruction.

. Robert C. McFarlane Pleaded guilty to four misdemeanor charges Two years' probation, $20,000 fine Former national security for withholding information from Congress. and 200 hours' community service. adviser to President Reagan

Caspar W. Weinberger Five felony charges involving obstruction, Plea: Not guilty. Former defense secretary perjury and false statements. Trial date had been set for Jan. 5.

FIVE CASES THAT ENDED IN SENTENCINGS

Carl R. "Spitz" Channel! * Pleaded guilty to one count of conspiracy Two years' probation. Chief fund-raiser for to defraud the United States. Nicaraguan contras • [batmen died Ina car accident on May 7, 1990.

Thomas G. Clines Convicted of four felonies relating to his 1985 16 months in prison and $40,000 Former CIA agent and and 1986 federal tax returns. In fines. Clines appealed, the partner of Richard V. convictions were upheld. He began Second and Albert Hakim serving his sentence May 25.

Albert Hakim Pleaded guilty to misdemeanor charge of Two years' probation and a Businessman who providing an Illegal gratuity by paying for a $5,000 fine. managed the finances for security fence at North's home. Oliver L North's network

Richard R. Miller Pleaded guilty to one count of conspiring to Two years' probation and 120 Head of a Washington supply the contras with military equipment hours' community service. public relations firm financed by tax-deductible contributions.

Richard V. Secord Pleaded guilty to one felony count of false Two years' probation. Retired Air Force major statements to congressional investigators. general who served as chief operative in North's network THREE CASES OVERTURNED OR DISMISSED

Joseph F. Fernandez Charged with four counts involving obstruction Dismissed when government refused Former CIA station of an investigation by Congress. request for classified documents. chief in Costa Rica

Oliver L North Convicted of three felony counts of obstnrcting Convictions thrown out because judge Retired Marine officer Congress, unlawfully mutilating government said testimony from witnesses could and former National documents and taking an illegal gratuity. have been tainted by information North Security Council gave Congress under immunity. staff member

John M. Poindexter Convicted of five felonies involving lying to Convictions were set aside. Former national security Congress, obstructing congressional Independent counsel adviser to President Reagan investigators and conspiring to Lawrence E. Walsh moved and North's boss cover up secret arms sales to to dismiss all charges. Iran and the diversion of profits.

SOURCE Office of Independent Counsel: Compiled by Lucy Shackelford and Barbara J. Satin'

WASHINGTON POST 18 Others Win Pardons in Unrelated Cases

Associated Press Joseph Gordon Haynie Jr., sentenced to five years' probation for stealing $1,000 from a Richmond bank where he was a guard. Henry Lavin, sentenced to two years' probation and fined $8,000 in Vir- President Bush gave 18 people Christmas gifts yes- gime in 1973 after he avoided paying $2,200 in customs duties. terday by pardoning them for federal crimes that most Guillermo Medrano Moreno, sentenced to two years in Texas in 1961 on committed years ago. They are: a narcotics-related charge. Frank T. Passinl Ill, sentenced in 1978 while in the Army for selling a Joseph Bur, sentenced in 1963 for stealing 12 six-packs of beer on an government informant marifuana and receiving 50 grams as payment. Indian neservabon In Montana as a teenage prank. Donald RIghtmire, given probation in 1984 in Nevada for failing to report Thema Burley Bon a former letter camel for the Postal Service sen- that his business partner had gained possession of stolen merchandise. tenced to two years' probation in 1980 for stealing $3.65 from a letter. Edwin Roberts. sentenced in 1947 in Kentucky on a moonshining charge. Robert William Dailey Sr., a Jehovah's Witness who declined to report for Patrick James Sheehan, given three years' probation in 1981 in Florida active military duty In 1943 and was sentenced to five years in prison. for misappropriating about $7,000 from a New York bank. Paul Karsten Fauteck, sentenced in 1955 in Kansas to two years' proba- Hildred Earl Spates, sentenced in Texas to six years for theft. tion for helping smuggle illegal aborts into the country . Alfredo Encloas Villarreal, a Postal Service letter carrier given probation in Dale Leonard Fix. information absut tJM PPM 16 unavailable. 1971 for stealing three letters. "rename Geiger. sentenced to three years' probation in 1980 for embez- Jack Alvin Walker, a Jehovah's Witness charged in 1956 with failing to iting just over $1.000 from a savings and loan association. report for active military duty. Icon Leon Gentry. who stole a car as a juvenile but has had no arrest rec- Carl Frank Westminster Jr., sentenced to live months for selling an ounce ord as an adult. The White House did not say where he was sentenced. of marijuana for $20.

p 142,e)iv The Pardons HE PARDONS issued yesterday by Presi- no great loss. The sixth pardon went to Mr. dent Bush to Reagan administration De- Weinberger. - fense Secretary and He too had not yet been tried, but the most five other former executive branch officials in- important count against him—that he had with- ' volved in the [ran-contra affair have two sides. held important notes from Senate investigators The first has to do with their effect on the six as at the height of the congressional Iran-contra individuals—the penalties lifted, trials and possi- investigation—was thrown out earlier this month ▪ ble future penalties averted and so forth. That's on statute-of-limitations grounds. The prosecutor the least of it, from our standpoint—you can at that point might well have decided to drop the make an argument for pardons on any number of four remaining counts on his own; a conviction ▪ familiar grounds. The second involves a judgment wouldn't have stood for as much. The president - that the president sought to deliver on the said that the notes would be made public, and the Iran-contra affair generally—not the original acts prosecutor will have the chance to characterize themselves but the extensive subsequent efforts Mr. Weinberger's behavior in his final report. _ to cover them up and the investigation of the coverup. That's where the president went The former secretary has indeed had the distin- wrong. guished career the president yesterday said he " Mr. Bush characterized "the prosecutions of has had. And his strong opposition to the arms- the individuals I am pardoning" as part of a deal enterprise made his ending up as a star "profoundly troubling development in the political defendant in the waning days of the prosecution, and legal climate of our country: the criminaliza- when others had been let go and he himself had tion of policy differences." This is a distortion. been offered the chance to plead to a misdemean- The issue was not the policy differences. It was or in return for testimony about others, at least a , in every case withholding, mainly from Congress, little uncomfortable. some part of the truth about what the executive So here too you could say a pardon did no branch had been up to. The system of govern- particular harm—and the frustrated independent ment in this country depends on the telling of counsel Lawrence Walsh did his own record in such truth, the accountability of the executive to this lengthy case an injustice in saying the par- Congress. That is the issue the president in his dons stood for the proposition that the well-con- statement yesterday ignored and sought to ob- nected go free. Mr. Bush was right that these scure. were not venal acts, and that all six of those he Of the six officials the president pardoned, four pardoned for acts in the line of what they had already been convicted. Two were senior perceived as duty have paid a price, if only in intelligence officers; the others were former terms of interrupted lives and legal fees. The national security adviser Robert McFarlane and unpardonable aspect of what happened yesterday former assistant secretary of state Elliott was that Mr. Bush couldn't bring himself to say ,. Abrams. Little was lost in granting them par- at the same time that what they did or were dons. The facts had been pretty well established accused of doing was wrong. The pardons matter in all their cases. The fifth case involved another less than the self-serving, see-no-evil gloss put on intelligence officer who had yet to be tried; still them.

Akr-LA9 (Am-c_2, it".;1 4 (MA& RA 41444ze 6 A26 FRIDAY, DECESTIWit 25, 1992 1 .14 " THE WASHINGTON POST The Pardon: An Absolute and Controvt

By Bill McAllister Yesterday, as he granted clemency to to be the most controversial pardon of all, %thing,on Post Staff Writer former defense secretary Casper W. Ford's Sept. 8, 1974, pardon of his pre- Weinberger and five others for their ac- decessor, Nixon. That pardon came early Perhaps because it is so unrestricted, tions in the Iran-contra scandal, President in Ford's presidency and contributed to few powers a president can exercise have Bush looked to the past. He recalled four his defeat two years later. proved to be as controversial as granting presidents who had used pardons at the Perhaps as divisive were Andrew John- pardons. end of wars to end divisiveness and sug- son's post-war pardons, which Congress gested that his pardons, coming at the end From Andrew Johnson's pardons of sought to undermine with a series of laws of the Cold War, were part of "this healing placing restrictions on the pardoned Confederate soldiers to Gerald R. Ford's tradition." Southerners. pardon of Richard M. Nixon, grants of Bush said the pardons he was issuing In the most celebrated challenge to clemency often have divided the nation, dated back to James Madison, the fifth those laws. the Supreme Court sided with creating political firestorms that can president, who granted clemency to pi- the president's power to pardon. "This linger long after a president leaves of- rates who preyed on U.S. shipping during power of the president is not subject to fice. the War of 1812. He also cited in his legislative control," the majority declared Congress, prosecutors and even some "grant of executive clemency," the for- in a 1867 case involving a former Confed- of those pardoned have attempted to re- giveness that Johnson offered to Southern erate legislator. strict the power, but the courts have de- rebels after the Civil War and Harry S. A lawyer, Augustus Garland, was Truman's and Jimmy Carter's pardons to clared that a president's power to grant blocked from practicing in the federal draft evaders during World War II and the courts by a law that prohibited any person pardons cannot be restricted. Indeed, the Vietnam War. who had participated in an insurrection. courts have upheld a president's power to The Bush statement did not mention The court held the law unconstitutional impose restrictions on those pardoned. what most presidential scholars consider because it violated the president's power ersial Presidential Power

to pardon. Garland later became attorney activities until his prison sentence ex- general under President Grover Cleve- pired. Hoffa went to court to remove the land. restriction but failed. "Congress can neither limit the effect of Similarity, the courts upheld Dwight D. his pardon, nor exclude from its exercise Eisenhower's decision to commute a death any class of offenders, The benign prerog- sentence imposed by a military court to ative of mercy reposed in him cannot be life imprisonment without any provision fettered by any legislative restrictions," for parole. the court said. The Founding Fathers' decision to give The power, contained in Article II, Sec- the president such broad authority, si- tion 2, prohibits a president only from miliar to power accorded monarchs, was blocking an impeachment proceeding. surprising. But constitutional scholars Courts have declared it may be imposed note that in the early, unstable days of the before a trial, in the midst of a trial or af- Republic, Alexander Hamilton had terwards, and it can be imposed over the mounted a case for the pardoning power, objection of an individual. citing the ability of a "chief magistrate" to The power does not allow a president to use the power to quickly put down a re- pardon an individual for a state crime, but bellion. it does allow pardons with conditions. Faced with the Whiskey Rebellion in Nixon, for example, issued a Dec. 23, western Pennsylvania in 1792, George 1971, pardon of former Teamster union Washington finally quashed rebels who president James R. Hoffa with a provisio would not pay taxes on their liquor by of- that the labor leader not return to union fering them full pardons. Walsh: 'The Iran-Contra Coverup

Reuter trust—without consequence. Weinberger, report on our findings to Congress and Following is independent counsel Law- who faced four felony charges, deserved the public describing the details and ex- rence E. Walsh's written statement in re- to be tried by a jury of citizens. Although it tent of this coverup. sponse to the presidential pardons in the is the president's prerogative to grant Weinberger's early and deliberate de- Iran-contra scandal: pardons, it is every American's right that cision to conceal and withhold extensive resident Bush's pardon of Caspar the criminal justice system be adminis- contemporaneous notes of the Iran- Weinberger and other Iran-contra tered fairly, regardless of a person's rank contra matter radically altered the offi- p defendants undermines the principle and connections. cial investigations and possibly fore- that no man is above the law. It demon- The Iran-contra coverup, which has stalled timely impeachment proceedings strates that powerful people with powerful continued for more than six years, has against President Reagan and other of- allies can commit serious crimes in high now been completed with the pardon of ficials. Weinberger's notes contain ev- office—deliberately abusing the public Caspar Weinberger. We will make a full idence of a conspiracy among the high--

Has Now Been Completed' est-ranking Reagan administration offi- This office was informed only within the cials to lie to Congress and the American past two weeks, on December 11, 1992, public. Because the notes were withheld that President Bush had failed to produce to from investigators for years, many of the investigators his own highly relevant con- leads were impossible to follow, key wit- temporaneous notes, despite repeated re- nesses had purportedly forgotten what quests for such documents. The production was said and done, and statutes of lim- of these notes is still ongoing and will lead itation had eitpired. to appropriate action. In light of President Weinberger's concealment of notes is Bush's own misconduct, we are gravely part of a disturbing pattern of deception and concerned about his decision to pardon oth- obstruction that permeated the highest lev- ers who lied to Congress and obstructed of- els of the Reagan and Bush administrations. ficial investigations. Bush: 'Common Denominator of

Reuter Secretary Weinberger's legacy will endure beyond Following is President Bush's proclamation pardon- the ending of the Cold War. The military readiness of ing former defense secretary Caspar W. Weinberger and this nation that he in large measure created could not others charged in the Iran-contra scandal: have been better displayed than it was two years ago in oday I am exercising my power under the Consti- the Persian Gulf and today in Somalia. tution to pardon former secretary of defense Cas- As Secretary Weinberger's pardon request noted, it T par Weinberger and others for their conduct re- is a bitter irony that on the day the first charges against lated to the Iran-contra affair Secretary Weinberger were filed, Russian President For more than six years now, the American people Boris Yeltsin arrived in the United States to celebrate have invested enormous resources into what has be- the end of the Cold War. I am pardoning him not just come the most thoroughly investigated matter of its out of compassion or to spare a 75-year-old patriot the torment of lengthy and costly legal proceedings, but to kind in our history. During that time, the last American make it possible for him to receive the honor he de- hostage has come home to freedom, worldwide terror- serves for his extraordinary service to our country. ism has declined, the people of Nicaragua have elected Moreover, on a somewhat more personal note, I can- a democratic government, and the Cold War has ended not ignore the debilitating illnesses faced by Caspar in victory for the American people and the cause of Weinberger and his wife. When he resigned as secre- freedom we championed. tary of defense, it was because of his wife's cancer. In In the mid-1980s, however, the outcome of these the years since he left public service, her condition has struggles was far from clear. Some of the best and most not improved. In addition, since that time, he also has dedicated of our countrymen were called upon to step become ill. Nevertheless, Caspar Weinberger has been forward. Secretary Weinberger was among the fore- a pillar of strength for his wife; this pardon will enable most. him to be by her side undistracted by the ordeal of a Weinberger 'A True American Patriot' costly and arduous trial. Caspar Weinberger is a true American patriot. He has 'Criminalization of Policy Differences' rendered long and extraordinary service to our country. I have also decided to pardon five other individuals for He served for four years in the Army during World War their conduct related to the Iran-contra affair: Elliott II where his bravery earned him a Bronze Star. He gave Abrams, , , and up a lucrative career in private life to accept a series of Robert McFarlane. First, the common denominator' of public positions in the late 1960s and 1970s, including their motivation—whether their actions were right or chairman of the Federal Trade Commission, director of wrong—was patriotism. Second, they did not profit or the Office of Management and Budget, and secretary of seek to profit from their conduct. Third, each has a rec- health, education and welfare. Caspar Weinberger was ord of long and distinguished service to this country. one of the principal architects of the downfall of the And finally, all five have already paid a price—in de- Berlin Wall and the Soviet Union. He directed the mil- pleted savings, lost careers, anguished families—gross- • itary renaissance in this country that led to the breakup ly disproportionate to any misdeeds or errors of judg- of the communist bloc and a new birth of freedom and ment they may have committed. democracy. Upon his resignation in 1987, Caspar Wein- The prosecutions of the individuals I am pardoning berger was awarded the highest civilian medal our na- represent what I believe is a profoundly troubling.de- tion can bestow on one of its citizens, the Presidential velopment in the political and legal climate of our coun- Medal of Freedom. try: the criminalization of policy differences. These dif- THE WASHINGTON POST . FRIDAY, DECEMBER 25, 1992 A27 Their Motivation Was Patriotism'

ferenceS should be addressed in the political arena, documents. The joint congressional committee inter- without the Dathocles sword of criminality hanging viewed more than 500 people and reviewed more than 1 over the heads of some of the combatants. The proper 300,000 pages of material. Lengthy committee hear- target is the president, not his subordinates; the proper ings were held and broadcast on national television to forum is the voting booth, not the courtroom. millions of Americans. And as I have noted, the inde- In recent years, the use of criminal processes in pol- pendent counsel investigation has gone on for more icy disputes has becoine all too common. It hope than six years, and it has cost more than $31 million. that the action I am taking today will begin to restore Moreover, the independent counsel stated last Sep- these disputes to the battleground where they properly tember that he had completed the active phase of his belong. • • investigation. He will have the opportunity to place his full assessment of the facts in the public record when he A 'Healing Tradition' of Pardons submits his final report. While no impartial person has • In addition, the actions of the men I am pardoning took seriously suggested that my own role in this matter is .; place within the larger Cold War struggle. At home, we legally questionable, I have further requested that the •had a long, sometimes heated debate about how that independent counsel provide me with a copy of my ; struggle should be•waged. Now the Cold War is over. sworn testimony to his office. which I am prepared to When earlier wars have ended, presidents have histor- release immediately. And I understand Secretary Wein- ically used their power to pardon to put bitterness be- berger has requested the release of all of his notes per- hind us and look to the future. This healing tradition taining to the Iran-contra matter. reaches at least from James Madison's pardon of Lafitte's pirates after the War of 1812, to Andrew John- What 'Honor, Decency, Fairness' Require 1 son's pardon of soldiers who had fought for the Confed- For more than 30 years in public service, I have tried to eracy, to Harry Truman's and Jimmy Carter's pardons follow three precepts: honor, decency and fairness. I of those who violated the Selective Service laws in World War II and Vietnam. know, from all those years of service, that the Amer-, In many cases, the offenses pardoned by these pres- ican people believe in fairness and fair play. In granting' idents were at least as serious as those I am pardoning these pardons today, I am doing what I believe honor3 today. The actions of those pardoned and the decisions decency and fairness require. to pardon them raised important issues of conscience, NOW, THEREFORE, I, George Bush, president of the rule of law, and the relationship under our Consti- the United States of America, pursuant to my power - tution between the government and the governed. Not- under Article II, Section 2, of the Constitution, do tpre:_ withstanding the seriousness of these issues and the by grant a full, complete, and unconditional pardon to : passions they aroused, my predecessors acted because Elliott Abrams, Duane R. Clarridge, Alan Fiers, Clair 4 it was time for the country to move on. Today I do the George, Robert C. McFarlane, and Caspar Weinberget same. • for all offenses charged or prosecuted by independent Some may argue that this decision will prevent full counsel Lawrence E. Walsh or other members of his • disclosure of some new key fact to the American peo- office, or committed by these individuals and within the ple. That is not true. This matter has been investigated jurisdiction of that office. exhaustively. The Tower board, the joint congressional IN WITNESS WHEREOF, I have hereunto set my .• committee charged with investigating the 1tan-contra hand this twenty-fourth day of December, in the year of affair, and the independent counsel have looked into our Lord nineteen hundred and ninety-two, and of the every aspect of this matter. The Tower board inter- independence of the United States of America the two - viewed More than 80 people and reviewed thousands of hundred and seventeenth. , •