History : US administrations violate US Constitution-Sandinista/Contra/Iran

Mario Goveia : “USA was trying to help the Nicaraguan Contras liberate Nicaragua from the communists led by Daniel Ortega who had taken control of the country
 
Sandinista (Daniel Ortega) History (http://en.wikipedia.org/wiki/Sandinista_National_Liberation_Front ) : “The FSLN overthrew Anastasio Somoza Debayle in 1979, ending the Somoza dynasty, and established a revolutionary government in its place.[1][2]Following their seizure of power, the Sandinistas ruled Nicaragua from 1979 to 1990, first as part of a Junta of National Reconstruction. Following the resignation of centrist members from this Junta, the FSLN took exclusive power in March 1981. They instituted a policy of mass literacy, devoted significant resources to health care, and promoted gender equality. In the 2006 Nicaraguan general election, former FSLN President Daniel Ortega was re-elected President of Nicaragua with 38.7% of the vote compared to 29% for his leading rival, bringing in the country’s second Sandinista government after 16 years of the opposition winning elections ”.
Contras History (http://www.gwu.edu/~nsarchiv/NSAEBB/NSAEBB2/nsaebb2.htm ) : “An August, 1996, series in the San Jose Mercury News by reporter Gary Webb linked the origins of crack cocaine in California to the contras, a guerrilla force backed by the Reagan administration that attacked Nicaragua’s Sandinista government during the 1980s”. “In his entry for August 9, 1985, North summarizes a meeting with Robert Owen (“Rob”), his liaison with the contras. They discuss a plane used by Mario Calero, brother of Adolfo Calero, head of the FDN, to transport supplies from New Orleans to contras in Honduras. North writes: “Honduran DC-6 which is being used for runs out of New Orleans is probably being used for drug runs into U.S.” As Lorraine Adams reported in the October 22, 1994Washington Post, there are no records that corroborate North’s later assertion that he passed this intelligence on drug trafficking to the U.S. Drug Enforcement Administration ”.
Iran Contra Affair.
In October and November of 1986, it was discovered that for several years, agents of the United States government had been running an illegal operation to sell weapons to Iran and funnel the profits to the Contras, a military organization dedicated to overthrowing the leftist government of Nicaragua. In December, 1986, Lawrence E. Walsh was appointed independent counsel by the U.S. Court of Appeals for the District of Columbia Circuit. (An independent counsel is a prosecutor appointed by the Court of Appeals at the request of the Attorney General of the United States to investigate suspected crimes by members of the executive branch of government.) During the early phases of the investigation, a cover-up was attempted by the Reagan administration. In the words of Walsh’s final report, “following the revelation of [the Iran-Contra] operations in October and November 1986, Reagan Administration officials deliberately deceived the Congress and the public about the level and extent of official knowledge of and support for these operations.”
The Iran-Contra investigation lasted from 1986 to 1994. During this period, Walsh charged 14 Reagan Administration officials with criminal acts. He obtained convictions and guilty pleas in 11 cases. Two convictions were overturned on a technicality, and several officials, including Secretary of Defense Caspar Weinberger, were issued pre-trial pardons by President George H. W. Bush during the “lame duck” period following his electoral defeat in 1992. Walsh’s investigation concluded that “the sales of arms to Iran contravened United States Government policy and may have violated the Arms Export Control Act,” that “the provision and coordination of support to the Contras violated the Boland Amendment ban on aid to military activities in Nicaragua” (passed by Congress in 1984), and that “the Iran operations were carried out with the knowledge of, among others, President Ronald Reagan, Vice President George H. W. Bush, Secretary of State George P. Schultz, Secretary of Defense Caspar W. Weinberg, and Director of Central Intelligence William J. Casey.” Walsh did not did not have legal power to bring charges against President Reagan or Vice President George H. Bush, as the Boland Amendment was not a criminal statute containing specific enforcement provisions. Congress did not exercise its power to impeach.
Historical background. In 1979, the Somoza dictatorship in Nicaragua was overthrown by a left-wing revolutionary group calling itself the Sandinistas (after Nicaragua revolutionary leader Augusto Cesár Sandino, 1893–1934). Soon after taking office in 1981, President Ronald Reagan ordered the Central Intelligence Agency (CIA) to secretly fund and equip the Contras, mostly former members of the Somoza military who sought the overthrow of the Sandinista government, and who were operating from bases in Honduras and Costa Rica (to the north and south of Nicaragua, respectively). On December 8, 1982, a bill was passed by the U.S. House of Representatives forbidding U.S. covert actions “for the purpose of overthrowing the government of Nicaragua;” some funding for the Contras was still allowed. Some of the Congressional reluctance to give U.S. support to the Contras arose from their unsavory tactics. As General John Galvin, commander of the U.S. Southern Command, testified to Congress, the Contras were directed by the CIA to “[go] after soft [i.e., undefended] targets … not to try to duke it out with the Sandinistas directly.” In practice, this meant attacking medical clinics, schools, farmer’s cooperatives, and other undefended elements of the civil infrastructure, causing almost exclusively civilian casualties.
In May, 1984, Congress discovered that its 1982 restrictions had been disregarded by the Reagan administration. CIA agents, acting at the behest of National Security Council member Oliver North, had been placing mines in Nicaraguan harbors despite the Congressional ban on such activities. Consequently, Congress cut off all funding for the Contras and passed the Boland Amendment, a statute prohibiting any U.S. agency involved in “intelligence activities” from “supporting, directly or indirectly, military or paramilitary operations in Nicaragua by any nation, group, organization or individual.”
The “Enterprise.” Direct and indirect support for the Contras continued in spite of the Boland Amendment, coordinated by Oliver North through a complex network he termed the “Enterprise.” North’s agents solicited money and arms for the Contras from three primary sources: (1) countries dependent on U.S. support, including South Africa, Brunei, Saudi Arabia, South Korea, and Israel; (2) wealthy Americans sympathetic to President Reagan’s policies; and (3) weapons sales to Iran. The Reagan administration was secretly selling arms to Iran (in probable violation of the Arms Export Control Act of 1976, according to independent counsel Walsh); North’s organization diverted money from these sales to the Contras. The Contras also raised money by allegedly selling large quantities of crack cocaine in the United States with CIA complicity. All these activities violated the Boland Amendment’s ban on aid to military activities in Nicaragua, as well as other laws.
Administration support of the Contras became public knowledge when a Contra military supply plane was shot down over Nicaragua on October 5, 1986. An American crew member, Eugene Hasenfus, was taken prisoner and revealed that he was a CIA agent. A month later, a Lebanese newspaper exposed the Reagan administration’s secret sales of arms to Iran. On November 25, 1986, Justice Department officials went public with the information that these two news items were linked: proceeds from the Iranian arms sales has been diverted to the Contras.
At this stage, what independent counsel Walsh characterized in his official report as “a new round of illegality” began: “Senior Reagan administration officials engaged in a concerted effort to deceive Congress and the public about their knowledge of and support for the operations.”
Outcome of the investigation. Fourteen officials were charged with criminal violations as a result of the Iran-Contra investigation. All individuals tried were convicted; one CIA official’s case was dismissed because the government refused to declassify information needed for his defense; and two convictions were overturned on technicalities. A few of the most prominent persons charged, as described in the final report of the independent counsel, are listed below:

(1) Elliott Abrams (Assistant Secretary of State for Inter-American Affairs): plead guilty to withholding information from Congress.
(2) Robert C. McFarlane (National Security Advisor): plead guilty to four counts of withholding information from Congress.
(3) Oliver L. North (Lieutenant Colonel, U.S. Marine Corps and Assistant Deputy Director for Political-Military Affairs of the National Security Council, 1981–1986): convicted of altering and destroying documents, accepting an illegal gratuity, and aiding and abetting in the obstruction of Congress.
(4) John M. Poindexter (National Security Advisor): convicted of conspiracy, false statements, falsification, destruction and removal of records, and obstruction of Congress. Poindexter’s conviction on all counts was overturned on appeal on the grounds that although he lied to Congress, he did so while speaking under a guarantee of immunity. Independent counsel Walsh noted in his final report that North’s and Poindexter’s convictions were “reversed on appeal on constitutional grounds that in no way cast doubt on the factual guilt of the men convicted.”
(5) Secretary of Defense Caspar W. Weinberger was charged with four counts of false statements and perjury. He was pardoned before trial by President George H. W. Bush, who also pardoned Elliot Abrams, Robert McFarlane, and two other men at the same time.

Aftermath. The Iran-Contra affair, like the CIA-organized invasion of the Bay of Pigs in Cuba in 1961, struck a global blow to American credibility. Officials at the highest level had been detected organizing international terrorism (i.e., the Contras), violating U.S. law, and lying under oath. However, like that of the Bay of Pigs before it, the long-term impact of the Iran-Contra affair on U.S. politics and foreign policy was slight, and the central figures in the controversy later enjoyed high-profile careers in both the public and private sectors.

█ FURTHER READING:

BOOKS:

Busby, Robert. Reagan and the Iran-Contra Affair. Chippenham, Wiltshire, Great Britain: Macmillan, 1999.
Marshall, Jonathan, Peter Scott, and Jane Hunter. The Iran-Contra Connection. Boston: South End Press, 1987.

ELECTRONIC:

Walsh, Lawrence E. “Final Report of the Independent Counsel for Iran-Contra Matters: Volume I: Investigations and Prosecutions.” United States Court of Appeals for the District of Columbia, Division for the Purpose of Appointing Independent Counsel. August 4, 1993. < http://www.fas.org/irp/offdocs/walsh/ > (December 10, 2002).
Webb, Gary. “Dark Alliance: The CIA, the Contras, and the Crack Cocaine Explosion.” 2002. Originally published in San Jose Mercury News, 1996. < http://home.attbi.com/~gary.webb/wsb/html/view.cgi-home.html-.html > (December 10, 2002).

Read more: Iran-Contra Affair – TheEnterprise, Outcome of the investigation, Aftermath http://www.faqs.org/espionage/Int-Ke/Iran-Contra-Affair.html#ixzz1NE71qQgy

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R P Shahi : “Mario, You have been quoting so much documents, that I went through the archives on my old CDs and found one very interesting case in Internation Court Hague..

NICARAGUA v. UNITED STATES. I am sure you will not accuse Judges there of being anti US or pro Jehadis

“.

 
Summary of the Summary of the Judgment of 27 June 1986
CASE CONCERNING THE MILITARY AND PARAMILITARY ACTIVITIES
IN AND AGAINST NICARAGUA (NICARAGUA v. UNITED STATES OF AMERICA)
(MERITS)
Judgment of 27 June 1986
For its judgment on the merits in the case concerning military and Paramilitary Activities in and against Nicaragua brought by Nicaragua against the United States of America, the Court was composed as follows:
President Nagendra Singh, Vice-President de Lacharrière; Judges Lachs, Ruda, Elias, Oda, Ago, Sette-Camara, Schwebel, Sir Robert Jennings, Mbaye, Bedjaoui, Ni, Evensen, Judge ad hoc Colliard
*
* *
OPERATIVE PART OF THE COURT’S JUDGMENT
THE COURT
(1) By eleven votes to four,
Decides that in adjudicating the dispute brought before it by the Application filed by the Republic of Nicaragua on 9 April 1984, the Court is required to apply the “multilateral treaty reservation”contained in proviso (c) to the declaration of acceptance of jurisdiction made under Article 36, paragraph 2, of the Statute of the Court by the Government of the Untied States of America deposited on 26 August 1946;
IN FAVOUR: President Nagendra Singh; Vice-President de Lacharrière; Judges Lachs, Oda, Ago, Schwebel, Sir Robert Jennings, Mbaye, Bedjaoui and Evensen; Judge ad hoc Colliard;
AGAINST: Judges Ruda, Elias, Sette-Camara and Ni.
(2) By twelve votes to three,
Rejects the justification of collective self-defence maintained by the United States of America in connection with the military and paramilitary activities in and against Nicaragua the subject of this case;
IN FAVOUR: President Nagendra Singh; Vice-President de Lacharrière; Judges Lachs, Ruda, Elias, Ago, Sette-Camara, Mbaye, Bedjaoui, Ni and Evensen; Judge ad hoc Colliard;
AGAINST: Judges Oda, Schwebel and Sir Robert Jennings.
(3) By twelve votes to three,
Decides that the United States of America, by training, arming, equipping, financing and supplying the contra forces or otherwise encouraging, supporting and aiding military and paramilitary activities in and against Nicaragua, has acted, against the Republic of Nicaragua, in breach of its obligation under customary international law not to intervene in the affairs of another State;
IN FAVOUR: President Nagendra Singh; Vice-President de Lacharrière; Judges Lachs, Ruda, Elias, Ago, Sette-Camara, Mbaye, Bedjaoui, Ni and Evensen; Judge ad hoc Colliard;
AGAINST: Judges Oda, Schwebel and Sir Robert Jennings.
(4) By twelve votes to three,
Decides that the United States of America, by certain attacks on Nicaraguan territory in 1983-1984, namely attacks on Puerto Sandino on 13 September and 14 October 1983, an attack on Corinto on 10 October 1983; an attack on Potosi Naval Base on 4/5 January 1984, an attack on San Juan del Sur on 7 March 1984; attacks on patrol boats at Puerto Sandino on 28 and 30 March 1984; and an attack on San Juan del Norte on 9 April 1984; and further by those acts of intervention referred to in subparagraph (3) hereof which involve the use of force, has acted, against the Republic of Nicaragua, in breach of its obligation under customary international law not to use force against another State;
IN FAVOUR: President Nagendra Singh; Vice-President de Lacharrière; Judges Lachs, Ruda, Elias, Ago, Sette-Camara, Mbaye, Bedjaoui, Ni and Evensen; Judge ad hoc Colliard;
AGAINST: Judges Oda, Schwebel and Sir Robert Jennings.
(5) By twelve votes to three,
Decides that the United States of America, by directing or authorizing over Rights of Nicaraguan territory, and by the acts imputable to the United States referred to in subparagraph (4) hereof, has acted, against the Republic of Nicaragua, in breach of its obligation under customary international law not to violate the sovereignty of another State;
IN FAVOUR: President Nagendra Singh; Vice-President de Lacharrière; Judges Lachs, Ruda, Elias, Ago, Sette-Camara, Mbaye, Bedjaoui, Ni and Evensen; Judge ad hoc Colliard;
AGAINST: Judges Oda, Schwebel and Sir Robert Jennings.
(6) By twelve votes to three,
Decides that, by laying mines in the internal or territorial waters of the Republic of Nicaragua during the first months of 1984, the United States of America has acted, against the Republic of Nicaragua, in breach of its obligations under customary international law not to use force against another State, not to intervene in its affairs, not to violate its sovereignty and not to interrupt peaceful maritime commerce;
IN FAVOUR: President Nagendra Singh, Vice-President de Lacharrière; Judges Lachs, Ruda, Elias, Ago, Sette-Camara, Mbaye, Bedjaoui, Ni and Evensen; Judge ad hoc Colliard;
AGAINST: Judges Oda, Schwebel and Sir Robert Jennings.
(7) By fourteen votes to one,
Decides that, by the acts referred to in subparagraph (6) hereof the United States of America has acted, against the Republic of Nicaragua, in breach of its obligations under Article XIX of the Treaty of Friendship, Commerce and Navigation between the United States of America and the Republic of Nicaragua signed at Managua on 21 January 1956;
IN FAVOUR: President Nagendra Singh, Vice-President de Lacharrière; Judges Lachs, Ruda, Elias, Oda, Ago, Sette-Camara, Sir Robert Jennings, Mbaye, Bedjaoui, Ni and Evensen; Judge ad hoc Colliard;
AGAINST: Judge Schwebel.
(8) By fourteen votes to one,
Decides that the United States of America, by failing to make known the existence and location of the mines laid by it, referred to in subparagraph (6) hereof, has acted in breach of its obligations under customary international law in this respect;
IN FAVOUR: President Nagendra Singh; Vice-President de Lacharrière, Judges Lachs, Ruda, Elias, Ago, Sette Camara, Schwebel, Sir Robert Jennings, Mbaye, Bedjaoui, Ni and Evensen; Judge ad hoc Colliard;
AGAINST: Judge Oda.
(9) By fourteen votes to one,
Finds that the United States of America, by producing in 1983 a manual entitled “Operaciones sicológicas en guerra de guerrillas”, and disseminating it to contra forces, has encouraged the commission by them of acts contrary to general principles of humanitarian law; but does not find a basis for concluding that any such acts which may have been committed are imputable to the United States of America as acts of the United States of America;
IN FAVOUR: President Nagendra Singh; Vice-President de Lacharrière; Judges Lachs, Ruda, Elias, Ago, Sette Camara, Schwebel, Sir Robert Jennings, Mbaye, Bedjaoui, Ni and Evensen; Judge ad hoc Colliard;
AGAINST: Judge Oda.
(10) By twelve votes to three,
Decides that the United States of America, by the attacks on Nicaraguan territory referred to in subparagraph (4) hereof, and by declaring a general embargo on trade with Nicaragua on 1 May 1985, has committed acts calculated to deprive of its object and purpose the Treaty of Friendship, Commerce and Navigation between the Parties signed at Managua on 21 January 1956;
IN FAVOUR: President Nagendra Singh; Vice-President de Lacharrière; Judges Lachs, Ruda, Elias, Ago, Sette Camara, Mbaye, Bedjaoui, Ni and Evensen; Judge ad hoc Colliard;
AGAINST: Judges Oda, Schwebel and Sir Robert Jennings.
(11) By twelve votes to three,
Decides that the United States of America, by the attacks on Nicaraguan territory referred to in subparagraph (4) hereof, and by declaring a general embargo on trade with Nicaragua on 1 May 1985, has acted in breach of its obligations under Article XIX of the Treaty of Friendship, Commerce and Navigation between the Parties signed at Managua on 21 January 1956;
IN FAVOUR: President Nagendra Singh; Vice-President de Lacharrière; Judges Lachs, Ruda, Elias, Ago, Sette-Camara, Mbaye, Bedjaoui, Ni and Evensen; Judge ad hoc Colliard;
AGAINST: Judges Oda, Schwebel and Sir Robert Jennings.
(12) By twelve votes to three,
Decides that the United States of America is under a duty immediately to cease and to refrain from all such acts as may constitute breaches of the foregoing legal obligations;
IN FAVOUR: President Nagendra Singh; Vice-President de Lacharrière; Judges Lachs, Ruda, Elias, Ago, Sette Camara, Mbaye, Bedjaoui, Ni and Evensen; Judge ad hoc Colliard;
AGAINST: Judges Oda, Schwebel and Sir Robert Jennings.
(13) By twelve votes to three,
Decides that the United States of America is under an obligation to make reparation to the Republic of Nicaragua for all injury caused to Nicaragua by the breaches of obligations under customary international law enumerated above;
IN FAVOUR: President Nagendra Singh; Vice-President de Lacharrière; Judges Lachs, Ruda, Elias, Ago, Sette-Camara, Mbaye, Bedjaoui, Ni and Evensen; Judge ad hoc Colliard;
AGAINST: Judges Oda, Schwebel and Sir Robert Jennings.
(14) By fourteen votes to one,
Decides that the United States of America is under an obligation to make reparation to the Republic of Nicaragua for all injury caused to Nicaragua by the breaches of the Treaty of Friendship, Commerce and Navigation between the Parties signed at Managua on 21 January 1956;
IN FAVOUR: President Nagendra Singh; Vice-President de Lacharrière; Judges Lachs, Ruda, Elias, Oda, Ago, Sette-Camara, Sir Robert Jennings, Mbaye, Bedjaoui, Ni and Evensen; Judge ad hoc Colliard;
AGAINST: Judge Schwebel.
(15) By fourteen votes to one,
Decides that the form and amount of such reparation, failing agreement between the Parties, will be settled by the Court, and reserves for this purpose the subsequent procedure in the case;
IN FAVOUR: President Nagendra Singh; Vice-President de Lacharrière; Judges Lachs, Ruda, Elias, Oda, Ago, Sette Camara, Sir Robert Jennings, Mbaye, Bedjaoui, Ni and Evensen; Judge ad hoc Colliard;
AGAINST: Judge Schwebel.
(16) Unanimously,
Recalls to both Parties their obligation to seek a solution to their disputes by peaceful means in accordance with international law.

 

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