Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, March 22, 1990 TAG: 9003222010
SECTION: NATIONAL/INTERNATIONAL PAGE: A1 EDITION: METRO
SOURCE: Associated Press
DATELINE: WASHINGTON LENGTH: Medium
U.S. District Court Judge Harold Greene issued the ruling as the jury began watching eight hours of videotaped testimony by Reagan.
Greene had ordered Reagan to turn over the diary, but said after reading the three dozen entries sought by Poindexter that the material was not "essential to the achievement of justice in this case."
Poindexter said he needed the excerpts because Reagan, in his taped testimony, "professed a total inability to recall" the diversion of Iran arms sale proceeds to the Nicaraguan Contras and a 1985 Hawk missile shipment.
Defense lawyers also said Reagan was unable to recall Poindexter's activities on behalf of the Contras.
Poindexter is charged with five felony charges of conspiracy, making false statements and obstructing Congress.
Greene granted Reagan's motion to quash Poindexter's subpoena for the entries, which relate to both the Iran initiative and Contra resupply operation, saying they "offer no new insights about these events."
Reagan, later joined by the Bush administration, fought the subpoena by invoking executive privilege.
"If the concept of executive privilege is to retain any meaning, it will surely shield personal presidential papers from production . . . on so flimsy a basis," Greene said.
"The inability of a witness to recall . . . does not automatically entitle a party . . . to rummage through . . . personal papers, including his personal diary," he said.
Prosecution witnesses have testified during the 7 1/2 days of the trial that Poindexter destroyed a presidential document and sent false letters to Congress.
Reagan's videotaped testimony was shown in Greene's courtroom on television monitors.
The jury spent all day Wednesday watching the videotape and was to finish the process this morning.
by CNB