Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: WEDNESDAY, March 21, 1990                   TAG: 9003232649
SECTION: NATIONAL/INTERNATIONAL                    PAGE: A1   EDITION: EVENING 
SOURCE: Associated Press
DATELINE: WASHINGTON                                 LENGTH: Medium

POINDEXTER LOSES BID FOR DIARIES

U.S. District Court Judge Harold Greene said that production of the diary entries "is not essential to the achievement of justice in this case."

The ruling came as Reagan's videotaped testimony was being shown at Poindexter's trial.

Greene earlier had directed Reagan to turn over the diary entries to his former national security adviser, but the ex-president challenged the judge's order by invoking executive privilege. The Bush administration joined Reagan's assertion of the privilege.

"The claims of executive privilege filed on behalf of the former president and of the incumbent president are sufficient" to defeat Poindexter's request, Greene said.

Greene granted Reagan's motion to quash Poindexter's subpoena for the diary entries, which relate to both the Iran initiative and Contra resupply operation.

"There is absolutely no basis in law for a holding that" Poindexter is entitled to the diary entries in addition to Reagan's videotaped testimony, the judge said.

Poindexter's lawyers say he needs the diaries because Reagan was unable in his videotaped testimony to recall many details of the Iran-Contra affair. For example, the former president said he could not remember when he learned of a November 1985 shipment of Hawk missiles to Iran.

"Mr. Reagan did testify under oath at great length about many specific activities in his administration - an event that is unprecedented in American history," Greene said.

Reagan's taped testimony, taken Feb. 16-17 in Los Angeles and released to news organizations later that month, was played back on television monitors set up in the courtroom.

Poindexter's lawyers were presenting the Reagan tape in a bid to offset evidence presented by Iran-Contra prosecutors, who brought their case to a close Tuesday.

In 7 1/2 days of testimony, prosecution witnesses told the jury the former national security adviser destroyed a presidential document and sent false letters to Congress about covert aid to the Contra rebels in Nicaragua.

Reagan made a number of statements favorable to Poindexter.

He said he was convinced that his aides' activities on behalf of the Contras "were all being done within the law." He also said "I don't think any false statements were made" by Poindexter in connection with the Iran-Contra affair.

On Tuesday, Greene denied a defense motion of acquittal, saying there is evidence suggesting Poindexter adopted false information "designed to obstruct Congress."