What is the punishment for treason? Execution? Perhaps, nothing? The case of Lt. Colonel Oliver North and the Iran-Contra Affair creates a circumstance in which a man committed high treason, yet he was convicted of nothing after his appeals, and even now, he works in a major broadcasting company. To what degree was North inaccurately persecuted by the committees investigating Iran Contra and his trial? North was intimately connected to the Iran-Contra Affair. Despite his close tie, he received virtually no punishment for actions that could properly be defined as treason. The court system failed to accurately administer justice in the case of Lt. Col. Oliver North regarding his involvement in the Iran-Contra Affair.
President Ronald Reagan with Caspar Weinberger, George Shultz, Ed Meese, and Don Regan discussing the President’s remarks on the Iran-Contra affair, Oval Office
The first major part of North’s involvement was moderately legitimate. Initially, North served as military political liaison reporting to his superiors Poindexter and MacFarlane.[1] MacFarlane instructed North to persuade Congress that the Contras were a viable political entity. He served as the mouthpiece of the efforts to aid the Contras because of his solid military service and reputation for solving problems…[2] North had started as essentially a deal broker in the Iran-Hostage Crisis and his star was only on the rise.[3] Early into the scandal, around August 1985, Congressmen Hamilton (D-Indiana) and Barnes (D-Maryland) inquired into North’s actions, but as no action was taken against North, at least for the moment his actions had minor tacit approval.[4] He played a game on shaky ground, but he never directly ignored any Congressional mandates. He only circumvented a piece of legislation, the Boland Amendments, by acting independently of the government official structure. Perhaps the lack of adherence to government bureaucracy is why the charges failed to stick to this Teflon man on Fox news.
His next major involvement was the obtaining of funds for Contras. The major source of this revenue was the sale of weapons to Iranians (McFarlane). These sales were initially a very humanitarian effort. The earliest munitions deals with the Iranians were hostage exchanges.[5] Sadly, after the passage of Boland II the deals turned into a profiteering effort to evade issues of funding limitations.[6] He could not violate the strictures of Boland II, which prohibited giving taxpayers money to support the Contra efforts or to give them weapons, but there was no restriction preventing North from giving the Contras money from weapon sales and then facilitating the sale of weapons to the Contras.[7] In 1985, North escalated to giving the Contra’s “lethal military weapons and supplies.”[8] There was no question that North did in fact perform these acts. However, he claimed that he was only following orders and that he was instructed not to speak of it. How this Nazi-esque argument stood in court will forever remain a mystery. Although North knowingly operated in violation of the Boland II prohibitions, he claimed to have acted in a de jure manner appropriate for a loyal soldier.[9]
The final piece of North’s on the ground involvement was aid given directly to the Contras. North’s operations went so far as to have American operatives mine Nicaraguan harbors to cut trade and harm the non-Contra government, while these operatives pretended to be Contras.[10] In addition, North organized many airdrops of supplies to the Contras, including one that was shot down, resulting in a captured American pilot, which caused North considerable trouble.[11] Despite his troubles, North continued his activities until he was removed from office by President Reagan.
Admiral John Poindexter, official Navy photo, 1985
Oliver North was the most active person involved in the Iran-Contra affair. His legitimate efforts, nefarious tactics, and uncouth operations show the spread of this affair. While parts of it were high treason, other parts of the Iran Contra affair were perfectly in line with the American policy abroad. North was hero to some and devil to others, but he was undeniably the center of attention in one of the most scandalous affairs in White House history. He is a man who committed treason and was only indicted on three charges, all of which were dismissed in exchange for testimony against MacFarlane.[12]
The trial of North was a debacle in and of itself. It is important to note that North was perceived both as hero and as villain. This dual portrayal can help to explain his lack of punishment after treason. While his initial verdict was far from harsh, only 1200 hours of community service and a $150,000 fine, even that was repealed. Eventually North received immunity from Congress in return for testimony against others. To quote President Ford, accepting pardon is an admission of guilt, therefore it can be inferred that North did in fact commit the crimes of which he was accused.
A large portion of the trial is based around the depictions of North. North saw himself as a problem solver. He viewed communism and terrorism as evils he needed to. His world was democracy and freedom.[13] North’s enemies were everyone opposed to his methods, from the communists to Congress. He fought to preserve freedom and democracy, which he considered interchangeable, and to spread those things that he held so close[14]. While North thought of himself as a hero of the shadows, the public was polarized. People normally thought of him either as a great hero or as a detestable villain. There was very little middle ground in the discussion of North.[15] For a short time, those who thought of North as a villain were more prominent, as discernable from the Senate report inquiring “Were relevant documents withheld from the Congressional Committees investigating the Iran-Contra Affair?” However, the enmity from this second investigation did not leave an impression as North is now a special correspondent for Fox News. It appears that the public has decided more on hero than it has villain.
The court had a decidedly different view of North. He was indicted on twelve separate charges from cashing travelers check which he was not supposed to have and taking bribes up to charges like obstruction of Congress, Presidential inquiries, perjury, and falsification, mutilation, obliteration, removing, and concealing of federal documents.[16] While some thought that North could have been serving as a scapegoat, he often claimed that Reagan was heavily involved and fully aware of the actions North took.[17] After 64 hours of deliberation, the jury declared North guilty on three counts. He aided and abetted an obstruction of congressional inquiries, destroyed and falsified official NSC documents, and received illegal gratuities[18]. North’s relatively light sentence led him to believe that he stood a good chance to clear himself with an appeal.
North successfully appealed all three verdicts. The Court of remanded all three verdicts, for different reasons.[19] The most important part of these remissions does not involve the appeal’s verdict, but the logic used to defend the verdict. North’s trial served to extend protection to defendants who had received partial immunity.[20] The remanding of North’s charges brings up questions about the effectiveness of the US court system. If a break-in to a political party’s office leads to the resignation of a president, why does high treason lead to nothing?
Recently freed Americans held hostage by Iran disembark Freedom One, an Air Force VC-137 Stratoliner aircraft, upon their arrival at the base.
Works Cited
Busby, Robert. Reagan and the Iran-Contra Affair: the Politics of Presidential Recovery. New York: St. Martin’s, 1999. Print.
Draper, Theodore. A Very Thin Line: the Iran-Contra Affairs. New York: Hill and Wang, 1991. Print.
Kornbluh, Peter, and Malcolm Byrne. The Iran-Contra Scandal: the Declassified History. New York: New, 1993. Print.
Linnard, Thomas M. Oliver North: Hero or Villain? a Burkean Cluster Analysis of His Motives in the Iran-Contra Affair. Bowling Green, Ohio: Bowling GreenStateUniversity, 1989. Print.
Linnard, Thomas M. Oliver North: Hero or Villain? a Burkean Cluster Analysis of His Motives in the Iran-Contra Affair. Diss.Bowling GreenStateUniversity, 1989. Bowling Green, Ohio: Bowling GreenStateUniversity, 1989. Print.
Livingstone, Neil C., and Terrell E. Arnold. Beyond the Iran-Contra Crisis: the Shape of U.S. Anti-terrorism Policy in the Post-Reagan Era. Lexington, MA: Lexington, 1988. Print.
Marshall, Jonathan, Peter Dale. Scott, and Jane Haapiseva-Hunter. The Iran-Contra Connection: Secret Teams and Covert Operations in the Reagan Era. Boston, MA: South End, 1987. Print.
McFarlane, Seth. “Stanny Slickers II: The Legend Of Ollie’s Gold.” American Dad. Fox Network. FOX, 11 May 2008. Television.
Segev, Samuel. The Iranian Triangle: the Untold Story of Israel‘s Role in the Iran-Contra Affair. New York: Free, 1988. Print.
Walsh, Lawrence. Final Report of the Independent Counsel for Iran/ Contra Matters. Vol. 1. [S.l.]: Diane, 1993. Print.
Walsh, Lawrence. Final Report of the Independent Counsel for Iran/ Contra Matters. Vol. 2. [S.l.]: Diane, 1993. Print.
Were Relevant Documents Withheld from the Congressional Committees Investigating the Iran-Contra Affair?: a Report of the Select Committee on Intelligence, United States Senate.Washington: U.S. G.P.O., 1989. Print.
Wroe, Ann. Lives, Lies and the Iran-Contra Affair. London: I.B. Tauris &, 1991. Print.
By: Mark Krause
Edited by: Tabitha Timbrook
Research
Iran-Contra Affair – Taking place from 1984-1987, the Iran-Contra Affair was a scandal that resulted from the United States utilizing the funds received from selling weapons to Iran in exchange for the release of American hostages held in Lebanon to support a paramilitary group (Contras) rebelling against the newly installed Socialist Sandinista regime in Nicaragua.
Contras – Anti-Sandinista paramilitary group operating in Nicaragua following the rise of the Sandinista regime.
Lt. Colonel Oliver North – deputy director of political-military affairs for the National Security Council staff and often viewed as the mastermind behind the Iran-Contra Affair
Robert McFarlane – National Security Advisor from 1983-1985
John Poindexter – appointed National Security Advisor by Ronald Reagan in 1985, but forced to resign a year later when the Iran-Contra Scandal broke
All information taken from:
http://www.brown.edu/Research/Understanding_the_Iran_Contra_Affair/iran-contra-affairs.php
[1] Final Report V. 1 p. 105
[2] Draper p. 34
[3] Busby p. 58
[4] Busby 62
[5] Marshall 149, Segev 178
[6] Segev 215
[7] Segev 191
[8] Final Report V. 2 p. 43
[9] Final Report V. 1 p. 113-122
[10]Busby 61
[11]Wroe 80
[12] Final Report V. 1 p. 120, 122
[13] Linnard 38-41
[14] Linnard 42-47
[15] Linnard 72
[16] Final Report V. 2 p. 195-241
[17] Kornbluh 351
[18] Final Report V. 1 p. 120
[19] Final Report V. 1 p. 121
[20] Final Report V. 1 p. 122
The Cave 