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TIME: Almanac 1993
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TIME Almanac 1993.iso
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073090
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0730106.000
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1992-08-28
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NATION, Page 20A Big Break For Ollie
Will a court ruling mean that North goes free?
The ghost of the congressional Iran-contra hearings has long
hung over the cases of key figures in the scandal. Last week
the ghost was haunting the prosecutors of Oliver North. A
three-member appeals court in Washington overturned one of
North's three convictions. The court sent the other two back
to federal Judge Gerhard Gesell for him to determine whether
North's testimony at congressional inquiries into the scandal
had in effect been used against him by the grand jury that
indicted him, by the staff of independent counsel Lawrence
Walsh or by any of the prosecution's 29 witnesses. Such tainting
could mean a new trial or the dropping of all charges against
the former National Security Council aide.
The judges threw out North's conviction for destroying
government records, ruling that Gesell had made two mistakes
in instructing the jury; both were highly technical. More
broadly, the panel found that Gesell should have held more
extensive pre-trial hearings to determine whether the evidence
to be used during the actual trial had been "tainted" by
witnesses' recollections of North's congressional testimony,
for which he had been granted immunity. Gesell was ordered to
conduct hearings "witness-by-witness" and "if necessary,
line-by-line" that, said the majority, might "consume
substantial amounts of time, personnel and money, only to lead
to the conclusion that a defendant -- perhaps a guilty
defendant -- cannot be prosecuted."
The unexpected reversal came from two Reagan appointees,
judges David Sentelle and Laurence Silberman. A strong dissent
came from Judge Patricia Wald, a Carter appointee, who
insisted, "North received a fair trial -- not a perfect one but
a competently managed and a fair one."
It is now up to Walsh to decide whether to appeal to the
full circuit court, take his case directly to the Supreme Court
or go along with the tedious hearings. If they are held, Gesell
will have to determine if North's other two convictions, for
obstructing Congress and accepting an illegal gift, should also
be dropped. Whatever Gesell decides, the ruling raises a
troubling question about the congressional probes of the
scandal: Did the lawmakers' haste to hold sensational hearings
guarantee that the culprits would go unpunished?