The Iran-contra Affair

Should President Reagan and Vice President Bush have been impeached?

According to the “Walsh Report,”  “President Reagan was an early and vigorous opponent of the Sandinista regime that seized power in Nicaragua in 1979. As a presidential candidate, Reagan advocated cutting all aid to the Nicaraguan government; as President, Reagan stepped up American activities against the Sandinistas and embraced their opponents, known as the Nicaraguan Democratic Resistance or ``contras.''

“Reagan's posture towards the Sandinista government was highly controversial. The opponents of the Administration's anti-Sandinista policies convinced a majority of the Democratic-controlled U.S. House of Representatives to view the contras with extreme skepticism. Their efforts resulted in passage in late 1982 of an amendment introduced by Representative Edward P. Boland to the Fiscal Year 1983 Defense Appropriations bill. This first of a series of ``Boland Amendments'' prohibited the Central Intelligence Agency (CIA), the principal conduit of covert American support to the contras, from spending any money ``for the purpose of overthrowing the government of Nicaragua.''”

The December 1983 cap on contra aid guaranteed a crisis in the Administration's contra program the following year. As early as February 1984, Reagan's national security adviser, Robert C. McFarlane, had suggested to other Administration officials that one way to fund the contras would be to encourage other countries to contribute support. CIA Director William J. Casey agreed with the idea, and recommended several countries that had been or could be approached. By May 1984, McFarlane had convinced one of these countries, Saudi Arabia, to contribute $1 million per month to the contra cause. McFarlane instructed his trusted assistant on the National Security Council (NSC) staff, Lt. Col. Oliver L. North, to arrange for a covert bank account to move the Saudi funds into contra hands.

At the same time, the Reagan Administration sought to gain the release of hostages being held in Lebanon by Iranian-backed groups. To help with both problems, members of the Administration proposed to sell weapons to Iran in return for cash and the release of hostages. Some members of the Administration advised that such actions were illegal, in part because Congress had made all arms sales to Iran illegal.

The question in this case is whether President Reagan and/or Vice President Bush ought to be impeached and removed from office for their actions in this circumstance.

It is expected that attorneys and witnesses will supplement these basic facts with research on the circumstances surrounding the case. All outside research must be properly cited, using footnote format. Attorneys’ papers missing this research will not be accepted.

Due on the day of the trial

For attorneys: A two-page essay arguing your case. You must argue for or against the constitutionality of the executive orders and the ensuing laws. Assume that Schenck broke the law – he does not contest that question – argue whether the law can stand. This paper may serve as the basis for your opening statements in class. Some outside research on the circumstances of the case will be necessary

For witnesses: A two-page essay in the form of an “affidavit,” explaining your position. You need not argue over the constitutionality of the law, just describe and explain your behavior.

Due the class meeting after the trial

For Justices: A one paragraph response declaring your opinion in the matter. Present your decision and explain how you came to it.

Procedures:

9:05 – 9:15    Meet with your group to review the case

9:15 – 9:25      Opening arguments. Attorneys must present a three-minute minimum argument before the court.

9:25 - 9:45     (maximum)  questioning of McFarland (US first)

9:45- 10:00     (maximum)  questioning of North (US first first)

10:00- 10:15 (maximum) questioning of Walsh (Reagan first)

10:15 – 10:25              closing arguments

10:25 – 10:35 Justices deliberate

Each student will earn an essay or paragraph grade (for the written work) and an oral presentation

grade (for in-class work).

attorney for United States:                                     

attorney for Reagan Administration: 

Judges: 

 William McFarland:                

Lawrence Walsh:       

Oliver North: