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$Unique_ID{USH01562}
$Pretitle{131}
$Title{The Iran-Contra Affair: Supplemental and Additional Views
Chapter 11 Views of Cohen}
$Subtitle{}
$Author{Hamilton, Lee H. and Inouye, Daniel K.}
$Affiliation{US Congress}
$Subject{committees
congress
report
actions
affair
executive
secrecy
upon
}
$Volume{}
$Date{1987}
$Log{}
Book: The Iran-Contra Affair: Supplemental and Additional Views
Author: Hamilton, Lee H. and Inouye, Daniel K.
Affiliation: US Congress
Date: 1987
Chapter 11 Views of Cohen
The Iran-Contra Affair was a significant departure from the
constitutional processes which normally control the operations of the
Government. While the affair was an aberration in this sense, it also
demonstrated a recurring problem which has afflicted Administrations of both
parties - albeit without such bizarre, unseemly, and far-reaching results.
When an Administration adopts objectives whose goals, however defensible,
are at odds with actions taken by the Congress, or with its own publicly
acknowledged positions, it embarks on a perilous course. Subordinates of any
President are motivated primarily by a desire to carry out his wishes,
whatever the obstacles. Without an appreciation of the balance between the
branches, such subordinates may be ignoring the law, even if it means taking
actions which violate publicly stated U.S. policy.
Normally, there are enough checks and balances within the governmental
framework that such anomalies are detected and corrected early on. In the
national security area, however, where secrecy is necessarily a tool of the
trade, there is a greater potential that secrecy will neutralize the normal
checks and balances of government. This was clearly demonstrated in the
Iran-Contra Affair.
Part of the responsibility to ensure this does not happen rests with the
President. He must provide a framework within the executive branch,
particularly within its national security community, which ensures the
participation of lawyers, policy and budget overseers, foreign policy and
defense experts, as well as those with a particular perspective on Congress,
in the formulation and implementation of policy. Secrecy can never be
permitted to preclude or in any way constrain the advice needed by the
President to make decisions crucial to the United States.
Similarly, secrecy can never justify eliminating Congress as a "check and
balance" upon the power of the Executive. The Constitution makes no
distinction in terms of those matters which affect the national security and
those which do not. Congress itself recognizes that some matters cannot be
disclosed to the public without also disclosing them to our adversaries,
thereby effectively negating whatever benefit or advantage to the U.S. which
might otherwise accrue. So, Congress has established a framework for dealing
with such matters outside public view, while at the same time bringing the
public's perceptions to bear upon the problem at hand. When Congress is not
informed or is misinformed, when it is advised of actions long after they have
occurred, the system of checks and balances is arrested. Democratic
government, in effect, deteriorates toward dictatorship.
Ultimately, of course, the secrecy surrounding the Iran-Contra Affair was
stripped away, first by the press and then by the investigations which
followed. Exposure was inevitable, particularly in a world where information
is so readily accessible and instantly communicated. Technology has
miniaturized the globe. An event in a remote village can reach our eyes and
ears in a matter of seconds. The existence of a free and vigorous press
ensures that attempts to abuse or misuse governmental power and processes will
ultimately be uncovered. Once exposed, the processes of government will
intervene to bring about needed corrections. Thus, there is a certain
inevitability created by our constitutional system, which guarantees both a
free and probing press, and a resilient governmental framework capable of
restoring the balance of constitutional power once it has been skewed. Indeed,
this is the genius of our system and the essence of our democracy.
With respect to the Report itself, any effort of this magnitude, covering
a subject of this breadth and complexity, necessarily represents a compromise.
It is particularly true in this case, with a Report which purports to
represent a majority of both the Senate and House Select Committees.
Notwithstanding the give-and-take which attended the preparation of this
Report, I believe it is, for the most part, faithful to the record before the
Committees, and also, for the most part, is fair in terms of its assessment of
the events described.
I do not agree, however, with all that is included in it. Indeed, it is
doubtful that any member supporting this Report would contend that there are
not a number of inaccuracies, omissions, or unsubstantiated contentions in
these pages. There are also numerous places where the narrative unfairly
characterizes, and draws unduly sinister conclusions from, the facts before
us. It was not necessary to pulverize the facts in order to make the points
at issue here. Overstating an argument frequently serves only to undermine
its legitimacy.
In addition to these general reservations, I feel obliged to comment
specifically upon three portions of the Report where my objections go beyond
what I perceive as isolated cases of factual inaccuracies or unfair
characterizations. The first involves the discussion of criminal violations
in the chapter entitled "Rule of Law." Although the Committees make an effort
to explain why they feel compelled to comment upon violations of criminal
statutes, I believe it is inappropriate for the Committees even to appear to
pass judgment in terms of whether those involved in the Iran-Contra Affair
were guilty of criminal violations. I would have preferred the Committees
limit their discussion to violations of the Constitution and civil statutes,
and simply list those criminal statutes which may have been violated by the
events which occurred. By stating that the Committees believe such statutes
were, in fact, violated, the Report intrudes upon matters more appropriately
left to the courts and the Independent Counsel.
I also question the inclusion of portions of the chapter concerning the
National Security Council staffs involvement in law enforcement
investigations. Those portions dealing with the actions of the Assistant
United States Attorney in the Miami Neutrality Act investigation; a former
Central American official and the Customs inquiry concerning its undercover
source (Kelso), do not, in my view, demonstrate any improper actions either on
the part of the NSC staff or the other executive branch officials who are
identified. Perhaps they are included here to reflect the extensive
investigative effort expended by the Committees. Those efforts did not,
however, produce proof of malfeasance. Nonetheless, they are described at
length in a manner which implies by innuendo what was not established by the
evidence. Only one of these three incidents was mentioned tangentially at the
Committee's hearings (i.e., the Miami Neutrality Act investigation). None
deserves memorializing to the extent they are treated here.
Finally, I question the inordinate attention devoted in the Executive
Summary to the Office of Public Diplomacy and its activities in support of the
Administration's policies. This matter received only passing mention at the
Committees' hearings, and equally scant mention in the text of the Report.
The prominence given to it in the Executive Summary is far more generous than
just.
Bill Cohen