Timing Tiff

Since the Iran-contra scandal was exposed last November, it has been clear that two men are crucial to unraveling the tangled scheme: former National Security Adviser Admiral John Poindexter and his deputy, Lieut. Colonel Oliver North. But the two have stubbornly refused to discuss their roles in the weapons sales to Iran and the secret funding of the Nicaraguan contras, invoking their Fifth Amendment protection against self-incrimination. Last week the arrangements for forcing the silent partners to talk led to a clash between the Senate Select Committee and Independent Counsel Lawrence Walsh.

The lawmakers and the prosecutor agree on how to extract the testimony: grant limited immunity, which would protect Poindexter and North from being prosecuted on the basis of their statements. If they then refused to talk, they could face imprisonment for contempt of Congress. But the Senate and Walsh disagree over timing: the Senators want to expedite their Iranscam hearings. Walsh has asked that immunity be delayed for at least 90 days to give him time to build a case to indict Poindexter and North.

Walsh last week persuaded the House Iranscam committee to go along with his request for delay. He had a harder time convincing the Senators. "The independent counsel wishes the committees didn't exist," says a source close to the Senate panel. "We wish he didn't exist. The Congress wants to let in the sunlight. The independent counsel has to work in grand jury secrecy."

The catch in immunity grants is that the prosecutor must prove he did not gain any evidence against the witnesses through their testimony. Walsh's staff has been stamping the date on any evidence it collects; before Poindexter and North testify, Walsh will send his material to district court to prove that his case was not influenced by their statements.

The Senators and Walsh seem to be moving toward a compromise. The panel planned to grant immunity this week but to take at least 30 days before quizzing the witnesses. Since U.S. law permits Walsh to postpone a congressional immunity grant for 30 days, he could end up getting a 60-day delay, two-thirds of the postponement he is seeking.

Walsh scored a separate victory last week when a federal judge dismissed lawsuits filed by North charging that the independent counsel's position was unconstitutional. North contended that since independent counsels are appointed by a three-judge panel rather than by the Executive Branch, the office violates the constitutional separation of powers. Judge Barrington Parker ruled that North's challenge was premature and probably without merit.