The primary focus of this article or report, pertains to the confusion, secrecy, and deception existing in the highest levels of Government in regards to questionable actions about the sale of arms to Iran and covert programs designed in helping the Contras. The U.S. Government, ruled under Constitutional Laws, is the essence of an existing democracy and democratic Government; a Government that becomes weakened from a result of such dishonest acts within the Government itself.
“Our Government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the Government becomes a law-breaker, it breeds contempt for law, it invites every man to become a law unto himself, it invites anarchy.” Supreme Court Justice Louis Brandeis
The Iran-Contra Affair can be said to have resulted from not regarding Justice Brandeis’ message.
The article begins by introducing two revolutions, one in Iran and the other in Nicaragua, that appear to have given birth to what is known as the Iran-Contra Affair. It further goes on to point out the “Coverup” and how Congress was not made aware. Confusion, deception, and privatization were tools used as an attempt to avoid accountability for the Iran-Contra Affair.
In 1979, the Nicaraguan President was overthrown, resulting in a Government controlled by Sandinista leftists. Although the Sandinista Government gave oath to pluralism and democracy, it became apparent that they were anti-American and autocratic. In was then, in 1981, that the Americans began to support the Nicaraguan Contras whom were opponents of the Sandinista Government. Although Congress prohibited any type of aid to the Contras and even cut off all funds for the Contras’ military and paramilitary e operations, the President of the United States insisted on continuing to give aid. Covert action was directed and aid was still given to the Contras through private fundraising, overriding laws and accepted norms of behavior.
It was in the same year of 1979 that the once pro-Western Government of Iran was overthrown by Islamic fundamentalists. The new Government, otherwise known as the Khomeini Government, was anti-American and a supporter of terrorism. In 1985, there were proposals of selling missiles to Iran in return for the release of American hostages held in Lebanon. Although, such a deal would be contrary to U.S. public policy, which opposed supporting international terrorism, The President went on to authorize the deal without notification to Congress. Missiles were given time and time again, with almost no hostages in return. Only after several dealings did the Iranians claimed to never have promised anything more than to try and obtain the hostages’ release, not their actual release.
It is by law that an activity that is considered to be “significant anticipated intelligence activity” must be reported to Congress under legislation of the National Security Act. The President decided not to report any activities with Iran to Congress. The American public were not made aware of the facts dealing with the Iran arms sales, even after its disclosure. False stories were made up and documents were shredded, preventing any evidence of such illegal actions. Even a “fall guy” plan was thought up, just in case the President was to blame for the covert Contra support operation and the diversion. It can be clearly seen that there was no regard for fundamental processes of governance and that the rule of law was not revered.
There was much confusion and disorder in the Government. Confusion in which promises for the release of hostages before delivering of arms by Iranians were merely only promises to seek the hostages’ release. Confusion on the approval or disapproval of the President in regards to Israeli shipments, even within his top advisors. There was confusion between the National Security Advisor and the President on decisions about diversion.
There is testimony of admitted lying by the National Security Council and destruction of official documents. It is said that secrecy became an obsession.
Congress has the capability and responsibility of protecting secrets entrusted to it. Congress cannot fulfill its legislative responsibilities if it is denied information because members of the Executive branch, who place their faith in a band of international arms merchants and financiers, unilaterally declare Congress unworthy of trust.
The National Security Council depended on private parties and third world countries for the Government’s businesses. There was solicitation of foreign funds which were pursuing foreign policy goals rejected by Congress. It is law under the Constitution that only Congress maybe provides such funds for the Executive branch. Covert operations should only be directed by the President and Congress. Such operations as solicitation of foreign funds delegated to private citizens sidestep Government restrictions.
“It is clearly unwise to rely on covert action as the core of our policy.”
1) Covert operations should be conducted in accordance with strict rules of accountability and oversight.
2) Covert actions should be consistent with publicly defined U.S. foreign policy goals.
3) Covert operations are intended to be kept from foreign powers, not from the Congress and responsible Executive agencies within the United States Government itself.
The staff was created by the President to give advice on national security and foreign policy issues, not to obtain intelligence and delve into covert operations. There is agreement among Committees that there is a need for separation between intelligence and policy functions.
1) The covert program of support for the Contras evaded the Constitution’s most significant check on Executive power: the President can spend funds on a program only if he can convince Congress to appropriate the money.
2) The covert program of support for the Contras was an evasion of the letter and spirit of the Boland Amendment.
Ultimately, the responsibility rests on the President. Although, the President publicly announced that he knew nothing of the diversion, he should have known what the National Security Advisors were planning. “Take care that the laws be faithfully executed.”