Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: MONDAY, July 11, 1994 TAG: 9407290036
SECTION: EDITORIAL PAGE: A4 EDITION: METRO
SOURCE: JOSEPH E. BLACKBURN JR.
DATELINE: LENGTH: Long
These same Virginia newspapers report that North's convictions were reversed on a ``legal technicality.'' The appellate court reversed North's convictions on the basis that he didn't get a fair trial because his constitutional rights were violated. This is hardly a legal technicality. The total opinion by the court consists of 117 pages, and more than 100 cases are cited. Judge Silberman, in a footnote said: ``This case presented a great number of grave questions of constitutional and criminal law.'' In its opinion, the court said:
``We do not countenance political trials in this country, and this matter is not styled Independent Counsel v. Executive Branch, or even Congress v. Executive Branch. Rather, this is an individual's appeal from his criminal conviction, an appeal based on his contention that the government has violated his fundamental enumerated constitutional right not to incriminate himself. We must so treat it.''
A reading of the opinion shows that North was convicted of obstruction of Congress relating to a chronology of events prepared for use (but never used) by Adm. John Poindexter and Central Intelligence Agency Director William Casey in their testimony before Congress. He also was convicted of shredding documents, and of accepting a security fence from Gen. Richard Secord after North's family was publicly threatened by a Palestinian terrorist group.
The original chronology, which was the focus of the obstruction charge, made reference to a November 1985 shipment by Israel of Hawk missiles to Iran. At that time, Robert McFarlane was national security adviser to President Reagan, and was North's boss. McFarlane plea-bargained charges against him relating to the Iran/Contra matter, and then he testified as a prosecution witness at North's trial. In the 1,000 pages of transcript of his testimony against North, McFarlane admitted that President Reagan authorized that shipment of Hawk missiles. McFarlane also admitted that he revised the chronology to take out any reference to this missile shipment. Judge Silberman noted in his opinion: ``The most misleading changes to the chronology were made personally by Robert McFarlane.''
The absolutely false assertion that North was convicted of ``lying to Congress'' has caused his character to be questioned by those who haven't taken the time to read the appellate court's opinion. Even though McFarlane was a prosecution witness against North, he testified under oath (and it's in the transcript) that:
North has a passionate sense of wanting to save human life, and was the kind of Marine who would rather die on the battlefield than see the lowest-ranking officer die instead.
North is the kind of man you would select to be at your right hand if you were in a desperate life-or-death struggle .
North is a man of action who understands the mission, and believes he must place every bit of talent, resourcefulness and imagination he can to the successful conclusion of that task.
North always gave every bit of heart he had to see that the job was done, and his capacity for work was endless.
North was easily the hardest-working person that McFarlane had ever encountered.
Does that sound like a person of bad character? Certainly not!
It portrays a person who was dedicated to the battle against communism in Nicaragua, and who was dedicated to saving the lives of hostages. Editors and reporters should read what is a matter of public record before unfairly and inaccurately impugning the character of an honorable American. When Marshall Coleman was running for governor, he said of North:
``Where would we be without men like Lt. Col. Oliver North, who sacrificed so much in the cause of the Reagan Presidency? Oliver North has paid a price for his commitment to principle and devotion to duty, and it has been an unfair price. ... I know how Virginia Republicans feel about Ollie North, but I want him to hear for himself and you can help ... He hasn't asked anything of us, but I think it is time we give something back to him - our enthusiastic appreciation.''
After North was relieved of his duties at the National Security Council, Hugh Sidey of Time magazine in the Dec. 8, 1986 issue quoted President Reagan as saying of North: ``Lieutenant Colonel North was involved in all our operations: the Achille Lauro, Libya. He has a fine record. He is a national hero.''
Disagreement with North's political philosophy is not a license to use incorrect facts to assail the character of a man proclaimed by President Reagan to be a national hero.
Joseph E. Blackburn Jr. is a Richmond lawyer, who was assisted in his research by his father, Joseph E. Blackburn, a former Democratic member of the House of Delegates.
by CNB