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Context of 'December 1982: First Boland Amendment Restricts Government Support for Contras'

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The first of three so-called “Boland amendments” becomes law. Named for Representative Edward Boland (D-MA), the chairman of the House Intelligence Committee, the amendment is part of a larger appropriations bill. The amendment restricts US humanitarian aid to the Contras, and prohibits the use of US funds “for the purpose of overthrowing the government of Nicaragua.” The Reagan administration gets around the amendment by saying that its actions in support of the Contras are merely designed to force the Sandinistas to come to a peace agreement with the Contras, not to bring down the Nicaraguan government. [House Intelligence Committee, 2005; Savage, 2007, pp. 53]

Entity Tags: Edward Boland, House Intelligence Committee, Reagan administration, Contras

Timeline Tags: Iran-Contra Affair

The Reagan administration ignores the recommendations of a panel of experts named, at Congress’s behest, to provide alternatives to the stalled START arms reduction talks with the Soviet Union (see January 1983-April 1983). Spurred by hardliners in the administration, President Reagan instead instructs his negotiators to offer, not one unacceptable alternative, as initially offered to the Soviets (see May 1982 and After), but two unacceptable alternatives: either accept drastic limits on “throw weights,” or payloads, of their nuclear missiles, or accept harsh reductions in the number of ICBMs they can deploy, which will also reduce Soviet throw weight. The Soviets retort that the US is again trying to force them to disarm without agreeing to any reductions in their own nuclear arsenal. One Soviet official observes, “Your idea of ‘flexibility’ is to give a condemned man the choice between the rope and the ax.”
'Firing' the Executive Branch - Congressional leaders have had enough of the administration’s obstructionism, and brings in panel leader Brent Scowcroft to craft an alternative. In his 1984 book Deadly Gambits, future State Department official Strobe Talbott will write, “The Legislative Branch had, in effect, fired the Executive Branch for gross incompetence in arms control.” Scowcroft writes a proposal that enables both the US and USSR to reduce their nuclear arsenals with a measure of equivalence, taking into account the disparities between the two.
Misrepresenting the Proposal - The administration accepts Scowcroft’s proposal with some minor amendments, but the Soviets balk at the agreement, in part because chief US negotiator Edward Rowny, a hardliner who opposes arms negotiations on ideological grounds, misrepresents the proposal to his Soviet colleagues. The “basic position of this administration has not changed,” Rowny declares. In turn, the Soviets declare, “Ambassador Rowny is not a serious man.” When the talks come to their scheduled end in December 1983, the Soviets depart without setting a date for resumption.
More 'Sophisticated' Obstructionism - In 2008, author J. Peter Scoblic will write of the negotiations: “The conservative position had by now become far more sophisticated. By never rejecting negotiations outright, the administration could always claim that it was pursuing them with vigor, and if critics complained that its proposals were nonnegotiable, it could simply, if disingenuously, claim that it wanted to substantively reduce nuclear arsenals, not just perpetuate the status quo.” [Scoblic, 2008, pp. 124-125]

Entity Tags: Reagan administration, Ronald Reagan, Strobe Talbott, Brent Scowcroft, Edward Rowny, J. Peter Scoblic

Timeline Tags: US International Relations

1984: Reagan Announces End to Aid for Contras

US President Ronald Reagan publicly claims to end aid to the contras in accordance with a congressional ban. However his administration continues the support, leading to the Iran-Contra scandal. [BBC, 6/5/2004; Columbia Encyclopedia. Sixth edition, 2005]

Entity Tags: Ronald Reagan

Timeline Tags: US-Nicaragua (1979-), Iran-Contra Affair

Congress passes the second Boland Amendment, which outlaws the use of “third-party nations” to support the Contras. The bill also bars the use of funds by the CIA, the Defense Department, or any intelligence agency for “supporting, directly or indirectly, military or paramilitary operations in Nicaragua by any nation, group, organization or individual.” [PBS, 2000] The amendment is largely in response to the efforts of the Reagan administration to get around the restrictions of the first amendment (see December 1982), and the CIA’s mining of three Nicaraguan harbors. This amendment is far more restrictive than the first, saying flatly, “During fiscal year 1985, no funds available to the Central Intelligence Agency, the Department of Defense, or any other agency or entity of the United States involved in intelligence activities may be obligated or expended for the purpose or which would have the effect of supporting, directly or indirectly, military or paramilitary operations in Nicaragua by any nation, group, organization, movement, or individual.” [New York Times, 7/10/1987; House Intelligence Committee, 2005; Savage, 2007, pp. 53] “There are no exceptions to the prohibition,” says Edward Boland (D-MA), the chairman of the House Intelligence Committee and the primary sponsor of the amemdment. Contra supporters in Congress denounce the bill, with Dick Cheney (R-WY) calling it a “killer amendment” that will force the Contras “to lay down their arms.” After President Reagan signs it into law, Cheney launches a lengthy, determined effort to persuade his colleagues to rescind the amendment. Inside the White House, particularly in the National Security Council, a number of Reagan officials, including National Security Adviser John Poindexter and his aide Colonel Oliver North, begin conspiring to circumvent the amendment with a complex scheme involving selling arms to Iran at inflated prices in exchange for American hostages held by Lebanese militants, and using the profits to fund the Contras. [Savage, 2007, pp. 53]

Entity Tags: US Congress, US Department of Defense, Richard (“Dick”) Cheney, National Security Council, John Poindexter, Edward Boland, Contras, Central Intelligence Agency, Ronald Reagan, Reagan administration, Oliver North

Timeline Tags: Iran-Contra Affair

Congress modifies the Boland Amendment (see October 10, 1984) by authorizing a one-time appropriation of $27 million for humanitarian aid for the Nicaraguan Contras. On August 29, 1985, President Reagan creates the Nicaraguan Humanitarian Assistance Office (NHAO) in the State Department for the purpose of administering the $27 million. [Final Report of the Independent Counsel for Iran/Contra Matters: Chapter 25: United States v. Elliott Abrams: November 1986, 8/4/1993]

Entity Tags: Contras, Nicaraguan Humanitarian Assistance Office, US Department of State, Ronald Reagan

Timeline Tags: Iran-Contra Affair

Soviet leader Mikhail Gorbachev, following up on the successful “fireside summit” between himself and Ronald Reagan (see November 16-19, 1985), sends Reagan a letter calling for drastic reductions in US and Soviet nuclear weapons. He proposes the complete eradication of all nuclear weapons by the year 2000. He proposes cutting strategic arsenals by half, banning space-based weapons outright, and halting nuclear testing. He also proposes the complete dismantlement of all intermediate-range systems in Europe—in essence accepting the US’s “zero option” that was such a sticking point in earlier negotiations (see September 1981 through November 1983). [Scoblic, 2008, pp. 139-140] One administration hardliner, chief arms negotiator Edward Rowny (see May 1982 and After), warns Reagan that the Soviets are inherently untrustworthy and begs him “not to go soft on this.” Instead of giving Rowny what he wants, Reagan launches into what Rowny will later recall as a Martin Luther King-like speech: “I have a dream. I have a dream of a world without nuclear weapons. I want our children and grandchildren particularly to be free of those weapons.” [Scoblic, 2008, pp. 143]

Entity Tags: Mikhail Gorbachev, Ronald Reagan, Edward Rowny

Timeline Tags: US International Relations

The Reagan administration, reeling from the revelation that it has illegally armed the Nicaraguan Contras (see October 5, 1986), attempts to conceal its workings in Nicaragua. In a closed session of the House Intelligence Committee, Assistant Secretary of State Elliott Abrams, joined by CIA officials, assures committee members that the US government is not involved in supplying the Contras. According to the witnesses, the CIA claims it had nothing to do with Eugene Hasenfus, the cargo handler who survived the recent downing of a CIA transport plane and in doing so revealed the existence of the illegal arms deals. Supposedly, the only involvement by US officials was to offer public encouragement. The committee Democrats do not believe anything Abrams or the CIA officials say, but at least one committee member, Dick Cheney (R-WY) offers his support. According to the summary written by the administration staffer taking notes that day, “Mr. Cheney said he found our ignorance credible.” There is far more going on than the committee Democrats know—or than Cheney will tell them. For years, Cheney has been urging Congress to authorize aid to the Contras, but the majority Democrats have been inconsistent in their support. As authors Lou Dubose and Jake Bernstein will later characterize the situation, Abrams, a self-described former socialist turned enthusiastic neoconservative, and others in the administration, such as National Security Council staffer Lieutenant Colonel Oliver North, have now taken matters into their own hands (see October 5, 1986), in direct violation of US law. Committee Democrats are as yet unaware that Reagan officials such as North have also been negotiating arms-for-hostages deals with Iran, in a covert three-way deal involving Iran, the US, and the Contras (see November 3, 1986). [Dubose and Bernstein, 2006, pp. 65]

Entity Tags: Eugene Hasenfus, Central Intelligence Agency, Contras, Elliott Abrams, Reagan administration, Oliver North, House Intelligence Committee, Lou Dubose, Jake Bernstein, Richard (“Dick”) Cheney

Timeline Tags: Iran-Contra Affair

Attorney General Edwin Meese.Attorney General Edwin Meese. [Source: Doug Mills / Bettman / Corbis]Attorney General Edwin Meese undertakes an internal fact-finding investigation focused on President Reagan’s involvement in the November 1985 sale of Hawk missiles to Iran (see 1985). Meese is apparently not interested in finding facts, because he refuses a request to assist from the FBI, and takes no notes during his interviews of administration officials.
'Shredding Party' - Additionally, during his investigation, National Security Council documents are altered or destroyed, including a presidential finding from December 1985 that retroactively authorized US missile sales to Iran (see November 24-25, 1985 and December 5, 1985); National Security Adviser John Poindexter will later admit to destroying this document. Lieutenant Colonel Oliver North holds what is later called a “shredding party,” destroying thousands of documents that would likely implicate White House officials in a criminal conspiracy to break the law (see November 21-23, 1986). The Iran-Contra investigative committee will later fault Meese for departing from “standard investigative techniques” during his investigation.
Document Linking Iran Arms Sales, Contra Supplies Survives - Meese also finds a potentially explosive document in the desk of North, the National Security Council staffer who managed the Iran arms deals. The document, an undated memorandum apparently from April 1986, outlined “a planned diversion of $12 million in proceeds from the Iran arms sales to the Nicaraguan contras” (see April 4, 1986). Meese’s investigation now diverges onto two tracks, one a continuation of the Hawk shipments, and the second an investigation into who knew about, and who had approved, the diversion.
Reagan Courting Impeachment? - Meese confirms from North that the $12 million had indeed been given to the Contras, and informs Reagan, Chief of Staff Donald Regan, and Vice President Bush. Reagan is reportedly shocked by the revelation, in part because he knows he could face impeachment for violating the Boland Amendment (see October 10, 1984). Meese informs the cabinet the next day. Apparently Meese does not want to know if any senior White House officials knew of the diversion, because he does not ask them about it. When Poindexter informs Meese that before December 1985, his predecessor Robert McFarlane handled the Iran arms sales “all alone” with “no documentation,” Meese accepts his word. Several White House officials present at the meeting—Reagan, Regan, Bush, Poindexter, Secretary of State George Shultz, and Secretary of Defense Caspar Weinberger—all know that Poindexter is lying, but none correct him. After the meeting, Shultz tells his aide, Charles Hill: “They may lay all this off on Bud [McFarlane].… They [are] rearranging the record.” Investigative counsel Lawrence Walsh will later write: “The Select Committees viewed this as an isolated error. It was not.”
'Case for Deniability' for Reagan - In Walsh’s opinion, Meese is not conducting an investigation at all, but instead is “building a case of deniability for his client-in-fact, President Reagan.” Walsh will characterize Meese’s actions as “an effort to obstruct a congressional inquiry.” In 2006, authors Lou Dubose and Jake Bernstein will write, “The two strands of an illegal policy came together in that memo.” The authors refer to the US arms sales to Iran and the diversion of the profits from those sales to the Contras. [New York Times, 11/19/1987; United States Court of Appeals for the District of Columbia Circuit, 8/4/1993; PBS, 2000; Dubose and Bernstein, 2006, pp. 66]

Entity Tags: Charles Hill, Edwin Meese, Caspar Weinberger, Ronald Reagan, Robert C. McFarlane, Oliver North, Federal Bureau of Investigation, George Herbert Walker Bush, George Shultz, Jake Bernstein, Contras, Donald Regan, Lou Dubose, Lawrence E. Walsh, John Poindexter

Timeline Tags: Iran-Contra Affair

Robert Bork.Robert Bork. [Source: National Constitution Center]The controversial nomination of conservative judge Robert Bork to the Supreme Court is defeated in the US Senate. Bork is denied a seat on the Court in a 58-42 vote, because his views are thought to be extremist and even some Republicans vote against him.
'Right-Wing Zealot' - Bork, nominated by President Reagan as one of the sitting judges who most completely reflects Reagan’s judiciary philosophy (see 1985-1986), is characterized even by administration officials as a “right-wing zealot.” Reagan also wants a nominee to placate the hard right over their disaffection caused by the brewing Iran-Contra scandal. However, to make him more palatable for the majority of Americans, Reagan officials attempt to repackage Bork as a moderate conservative. Senate Judiciary Committee member Edward Kennedy (D-MA) attacks Bork’s political philosophy, saying before the committee hearings: “[In Bork’s America] women would be forced into back alley abortions, blacks would sit at segregated lunch counters, rogue police could break down citizens’ doors in midnight raids, schoolchildren could not be taught about evolution, writers and artists could be censored at the whim of government, and the doors of the federal courts would be shut on the fingers of millions of citizens for whom the judiciary is the—and is often the only—protector of the individual rights that are the heart of our democracy.… No justice would be better than this injustice.” Kennedy’s words provoke complaint, but the characterization of Bork is based on his lengthy record of court verdicts and his large body of judicial writings.
Racial Equality Issues - Although there is no evidence to suggest that Bork is himself a racist, former Nixon White House counsel John Dean will write that “his positions on civil rights were an anathema to all who cared about equality in America.” Constitutional law professor Herman Schwartz will write in 2004, “Bork condemned the Fourteenth Amendment’s Equal Protection Clause decisions outlawing the poll tax (to him it was just ‘a very small tax’), the decision establishing the one-person, one-vote principle, abolishing school segregation in the District of Columbia, barring courts from enforcing racially restrictive housing covenants, preventing a state from sterilizing certain criminals or interfering with the right to travel, and prohibiting discrimination against out-of-wedlock children…. Bork’s hostility to governmental action on behalf of minorities did not stop with his critique of court action. In 1963 he criticized a section of the proposed Civil Rights Act of 1964 that required white businesses to serve blacks as resting on a principle of ‘unsurpassed ugliness.’”
Ready to Fight - The Reagan administration understands that Bork’s nomination is opposed; on July 1, the day of his announced nomination, the media reports that Reagan will try to ensure Bork’s confirmation by waging an “active campaign.” Even Senate-savvy James Baker, Reagan’s chief of staff, is uncertain about Bork’s chances at being confirmed, and further worries that even if Bork wins the fight, the cost to Reagan’s political capital will be too high.
His Own Worst Enemy - Conservatives Justice Department official Terry Eastland will later say Senate Democrats sabotage Bork’s chances at faring well in the confirmation hearings, even positioning his table to ensure the least favorable angles for Bork on television. However, the public’s opinion of Bork is unfavorable, and Dean will write: “[I]t was not the position of his chair in the hearing room that made Bork look bad, but rather his arrogance, his hubris, and his occasional cold-bloodedness, not to mention his equivocations and occasional ‘confirmation conversions,’ where he did what no one else could do. He made himself a terrible witness who did not appear to be truthful.” The confirmation conversions even surprise some of his supporters, as Bork abandons his previous stances that the First Amendment only applies to political speech, and the Fourteenth Amendment’s equal protection clause does not apply to women. The Senate Judiciary Committee passes Bork’s nomination along to the full Senate, where Bork is defeated 58-42.
The Verb 'To Bork' - In 2007, Dean will write, “Bork’s defeat made him both a martyr and a verb,” and quotes conservative pundit William Safire as writing that “to bork” someone means to viciously attack a political figure, particularly by misrepresenting that figure in the media. [Dean, 2007, pp. 137-143]

Entity Tags: Herman Schwartz, US Department of Justice, Gregory Peck, Edward M. (“Ted”) Kennedy, US Supreme Court, William Safire, Ronald Reagan, James A. Baker, Senate Judiciary Committee, Terry Eastland, Robert Bork, John Dean

Timeline Tags: Civil Liberties

The Third US Court of Appeals in Philadelphia rules 2-1 to uphold the Bush administration’s claim of blanket secrecy regarding immigration deportation hearings (see September 21, 2001). The ruling directly contradicts a ruling by the Sixth Appeals Court on the same issue (see August 26, 2002). Chief Judge Edward Becker, a Reagan appointee, rules that if a president or his top advisers decide that blanket closure of immigration deportation hearings is needed to protect national security, then the courts should defer to their judgment. “We are quite hesitant to conduct a judicial inquiry into the credibility of these security concerns, as national security is an area where courts have traditionally extended great deference to executive expertise.” Usually when two appellate courts conflict in their rulings, the Supreme Court settles the issue. However, the Bush administration does not appeal the loss in the other case, as the 9/11-related immigration sweeps are already concluded. In 2007, author Charlie Savage will write, “As a result, even though four of the six appeals court judges who reviewed the… directive rejected it as unconstitutional, the administration managed to create a precedent for a presidential power to impose blanket secrecy over immigration hearings that stands in forty-six states—everywhere except the Sixth Circuit’s Kentucky, Michigan, Ohio, and Tennessee.” [Savage, 2007, pp. 95-96]

Entity Tags: Charlie Savage, Edward Becker, Bush administration (43)

Timeline Tags: Civil Liberties

The billionaire oil magnates and conservative political financiers Charles and David Koch (see 1979-1980, 1981-2010, 1984 and After, Late 2004, May 6, 2006, April 15, 2009, May 29, 2009, December 6, 2009, November 2009, July 3-4, 2010, August 28, 2010, August 30, 2010, September 24, 2010, January 5, 2011, October 4, 2011, and February 14, 2011) launch a court battle to take control of the libertarian Cato Institute, a Washington-based think tank. The Cato Institute began in 1974 as the Charles Koch foundation and changed its name to the Cato Institute in 1976, with the support and funding of the Koch brothers (see 1977-Present). Until last year, the institute had four primary shareholders with a controlling interest: the Koch brothers, Cato president Edward H. Crane III, and William A. Niskanen, a former Reagan administration economic advisor who died in 2011. The Kochs believe that there should be only three shareholders now, which would give them complete control of the organization, but Crane says Niskanen’s 25 percent share should go to Niskanen’s widow, Kathryn Washburn. Koch lawyer Wes Edward says the dispute is about nothing but shareholder rights. Cato has 120 full-time staffers and around 100 visiting or adjunct scholars. Its annual operating budget is $23 million. [Politico, 3/1/2012]

Entity Tags: David Koch, Charles Koch, William A. Niskanen, Kathryn Washburn, Cato Institute, Edward H. Crane III, Wes Edward

Timeline Tags: Domestic Propaganda

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