14 September 2005

I'm really not concerned about John Roberts

Though on several occasions it's been explained to me exactly why I should be, I just can't muster up the energy to fight every single ideologue thrown to the forefront by the Bush adminstration. Consider it low-grade liberal outrage fatigue. That said, this article from Christian Science Monitor is interesting: On Iran-contra, what did Roberts know?

Roberts's departure alone isn't unusual. Ambitious and talented lawyers circulate in and out of government service on a regular basis. What is unusual is that between January and June 1986 the entire counsel's office departed. All seven lawyers - including presidential counsel Fred Fielding - resigned and left the White House. The departures mark an extraordinary exodus of legal experience even as the Iran-contra deception was in full operation. ~

In January 1985 Roberts was asked to assess the legality of the president and the White House becoming involved in fundraising on behalf of a newly formed private group called the Nicaraguan Refugee Fund. A plan being pushed by Colonel North and others at the National Security Council called for the White House to give corporate leaders a briefing on the situation in Nicaragua and then the group's representatives would ask the CEOs to give money to the fund. The money would be used for humanitarian aid and to wage a publicity campaign in the US against the Sandinista regime.

Roberts objected. In a Jan. 11, 1985, memo, he wrote: "I recommend stopping any White House involvement in this effort." The White House generally does not lend its name to private fundraising, he wrote. "The corporate CEOs would doubtless view the solicitation from the 'private' organization as having official backing if they learn about it at a White House briefing," the memo said.

But that wasn't the last word. After a week of internal appeals, Roberts reversed his position. Supporters of the effort argued that White House fundraising policy would not be violated, because solicitations would occur after the briefing at a reception at the Hay-Adams Hotel, a block from the White House.

"I suppose we could permit the briefing to take place," Roberts wrote on Jan. 18, 1985. "But I think [this] 'Chinese wall' argument is a bit artificial."

The "Chinese wall" concession is important because it established the briefing-solicitation process that North later used to raise funds from private individuals to pay for contra weapons. Those soliciting the funds on North's behalf later pled guilty to violating US tax laws for claiming the donations were tax-free.

In early 1986, Roberts wrote a series of memos on private fundraising. The plan was as in 1985: provide a White House briefing for wealthy administration supporters, then take them to the Hay-Adams and ask for money.

"I see no legal bars to the contemplated briefing," Roberts wrote in January 1986.

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