SMRs and AMRs

Monday, July 09, 2007

Mr. Cheney’s Minority Report

By SEAN WILENTZ
New York Times

Princeton, N.J.

TWENTY years ago this week, Lt. Col. Oliver North testified for six days before a special joint House and Senate investigating committee. Permitted by the Democratic majority to appear in his bemedaled Marine uniform, and disastrously granted immunity, Colonel North freely admitted that he had shredded documents, lied to Congress and falsified official records.

Colonel North justified these crimes as necessary to protect two of the Reagan administration’s covert policies: defying a Congressional ban on aiding the anti-Sandinista contra insurgents in Nicaragua; and selling arms to Iran — officially classified as a terrorist state — in order to free American hostages in the Middle East.

Mixing bathos with belligerence, Colonel North played the incorruptible action hero facing down Washington politicians and lawyers. He also suggested that, under the Constitution, the president and not Congress held ultimate authority to direct foreign policy.

Most of the Congressional committee members, Republicans and Democrats alike, expressed shock at Colonel North’s testimony. And despite the surge in Colonel North’s personal popularity, he failed to sway other Americans on the underlying issues. Clear majorities in opinion polls said that Colonel North had gone too far in his covert operations, especially in helping the contras. Roughly half of those polled believed that he had acted as if he was above the law. Sixty percent said that Congress was more trustworthy than the Reagan White House on foreign relations.

And Mr. North was eventually convicted of three federal felonies — receiving an illegal payment, obstruction of a Congressional inquiry and destroying official documents, although an appellate court held that his testimony delivered under Congressional immunity may have affected jurors and reversed one conviction. (Prosecutors gave up on the other two.)

But there were dissenters. A number of House Republicans on the committee cheered Colonel North on. One who led the way was Dick Cheney of Wyoming, who praised Colonel North as “the most effective and impressive witness certainly this committee has heard.”

Mr. Cheney the congressman believed that Congress had usurped executive prerogatives. He saw the Iran-contra investigation not as an effort to get to the bottom of possible abuses of power but as a power play by Congressional Democrats to seize duties and responsibilities that constitutionally belonged to the president.

At the conclusion of the hearings, a dissenting minority report codified these views. The report’s chief author was a former resident fellow at the American Enterprise Institute, Michael J. Malbin, who was chosen by Mr. Cheney as a member of the committee’s minority staff. Another member of the minority’s legal staff, David S. Addington, is now the vice president’s chief of staff.

(Continued here.)

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