White Collar Crime Final Project: Oliver North

Abstract

            One of the most infamous trials in recent American history was the trial of United States V. Oliver North.   It was a trial that captured the attention of the American public in a way that had not happened since the Watergate scandal in 1972. 

            Oliver North was one in a litany of highly ranked individuals who were accused of the sale of weapons to Iran with the money being given to the Contras – “a military organization dedicated to overthrowing the leftist government of Nicaragua” (Iran-Contra Affair)

            The subsequent trial ended up being a media circus and Oliver North, having been pardoned for the crimes which he was charged with in return for cooperation and testimony, has gone on to become a celebrity and a very “in demand” speaker.

‘"By allowing the actions of those who had served the administration to be criminalized, the administration itself was able to back away from the real associated issues,” North wrote. "This was fine with Congress, and a gift for the press."’

            “The most critical special operations mission we have… today is to persuade the American people that the communists are out to get us… If we win the war of ideas, we will win everywhere else.” — 1983 speech attended by Oliver North

            The Oliver L. North of today is seen as a decorated Marine, the holder of 3 U.S. patents, the host of "War Stories" on Fox News Channel and, in his own words, "the husband of one and the father of four".  Before he had gained this notability however, he was more famous (or rather, infamous) for his part in what has come to be known as "The Iran-Contra Affair". (Walsh)

            Beginning in the latter part of 1986, it was revealed that for years, the United States government had been illegally selling weapons to the country of Iran.  In addition, the profits from these sales were then used to fund the activities of the Contras, which are a "military organization dedicated to overthrowing the leftist government of Nicaragua” (Iran-Contra Affair, 2012).

            North was looked at as being a key part of the Iran/Contra affair due to his being part of the Secord-Hakim covert-action Enterprise.  According to the "Enterprise", money and arms were being solicited by agents acting on the behalf of North for the Contras.  This money came from 3 sources: the (illegal) sale of weapons to Iran; wealthy supporters of then-acting President Ronald Reagan; and Countries such as South Africa, Saudi Arabia, and Israel.

            Then, in March of 1988, after an extensive investigation by the Attorney General of The United States, Lieutenant Colonel Oliver L North, along with 3 other highly ranked officers, was charged with 16 counts related to the Iran/Contra affair.  North was subsequently fired from his position in the NSC. 

            Eventually, the cases were severed and some of the 16 charges were dropped due to "classified-information problems" (Walsh).  In early May 1989, Oliver North was convicted of 3 of the remaining 12 counts - "altering and destroying documents, accepting an illegal gratuity, and aiding and abetting in the obstruction of Congress (Iran-Contra Affair, 2012)." 

            North was sentenced in July 1989 by U.S. District Judge Gerhard A. Gesell to a suspended prison term of three-years, $150,000 in fines, 1,200 hours of community service, and two years probation for his role in the affair.  However, his conviction was overturned, not more than 2 weeks later, on the grounds that "his testimony may have prejudiced his right to a fair trial" (Oliver North).  Judge Gesell then dismissed the charges on September 16, 1991 due to the fact that he (North) had been "granted limited immunity for his Congressional testimony and that testimony was deemed to have influenced witnesses at his trial" (Oliver North).

            One of the problems the defense faced in the trial was the testimony from John Poindexter.  It seemed that everything he said contradicted North.  For example, North stated that he had written several notes to the president about the diversion under the direction of Poindexter, which Poindexter denied.  Poindexter went on to say that the “President did know that North was the NSC staff officer on Central America” and that “he also knew that it was North’s responsibility to keep the Contras alive. (WashingtonPost.com) ”.

            Later, when questioned about the incident on the stand and under oath, North reiterated that it was indeed Poindexter who had told him to write the five memoranda to give to the President (WashingtonPost.com).

            Once the trial commenced, everything seemed to point at North as a “victim”; from the angle of the camera right down to the feeling that he was being “thrown to the dogs”, so to speak.  Everyone seemed to feel sorry for him.   Even the illegal acts to which he admitted, such as lying to congress, the formation of ‘The Enterprise” and the cover up, ended up seeming justifiable.  If the prosecution was going to change the public perception of North from a decorated Marine with handsome, boyish good looks to an enemy of the state, they had their work cut out for them.

            In the trial itself, the prosecution decided to split the questioning between its two lawyers, John Nields and Arthur Liman.  It was Nields intention to get North to tell his story again, including his lies, his deceit and finally his act as the government’s “fall guy” (WashingtonPost.com).  Liman was going to focus on the usage of ‘Enterprise’ funds for North’s personal use.

            This tactic seemed to work better than the two lawyers could have ever hoped.  Not only did North reiterate his role in the diverting of funds and the fact that Poindexter had authorized it, but also stated that he believed that the President knew about it.  He also admitted to the shredding of the 5 memoranda that had been written to the President referring to the diversion and all documents which pertained to his Iranian and Contra activities.

            Unfortunately for the prosecution, the longer Nields spent on questioning North, the more things seemed to backfire.    The lawyer seemed to forget that Liman was going to be the one questioning North about the ‘Enterprise’ and the money and went ahead and did his own questioning.  

            North was able to deflect Nields by telling how he was afraid for his family and had built the fence to protect them.  He also stated that the money he had allegedly taken from the fund was in actuality a reimbursement for the personal funds he had used himself to give to the Contras.

            Due to Nields’ line of questioning, North looked more and more like a national hero who was being put in the line of fire.  The American public was in full support of Oliver North, regardless of the fact that he had admittedly broken the law.   

            When Liman started his questioning, it was uncovered that on November 25, the Attorney General Edwin Meese announced that he was appointing an independent counsel and that “North was the only person on the planet Earth named in the independent counsel's order.”  

            This admission is what caused North to come forward to tell his story (WashingtonPost.com).

            North defended his actions in the Iran-Contra affair, stating that he thought of the Contras as ‘Freedom Fighters” and believed that supporting them was the right thing to do. (Oliver North, 2012)

            Oliver North was indeed a controversial player in American politics.   Either people accepted his defense of his actions or not, but despite it all, he still receives support from some conservatives. There are those who believe that the Reagan administration used him as a scapegoat in the scandal while others say that his actions were just.  It doesn’t really matter how he went about achieving the end result.

            In the years since the scandal, Oliver North has become a sort of “National Hero”.  He is the author of several best-sellers, including Under Fire, One More Mission, War Stories — Operation Iraqi Freedom, and The Jericho Sanction. He is the host of the television show "War Stories with Oliver North”, a commentator on the Fox News Channel show "Hannity and Colmes", a syndicated columnist on TownHall.com,  the founder of Freedom Alliance (a foundation that provides college scholarships to the children of service members who have been killed or permanently disabled in the line of duty), and gives lectures nationwide. 

            He has come a long way since being implicated as a player in the infamous scandal known as the “Iran-Contra Affair” in the late 1980’s.

 

Walsh Iran/Contra Report. Ch. 2 United States v. Oliver L. North.