Judge Dismisses Key Charge Against Weinberger

WASHINGTON —  A federal judge Tuesday dismissed one of the five felony charges in the Iran-Contra prosecution of former Defense Secretary Caspar W. Weinberger and opened the door to removing the chief prosecutor in the case.

The rulings by U.S. District Judge Thomas F. Hogan significantly lighten the charges against Weinberger and complicate Independent Counsel Lawrence E. Walsh’s task by threatening to remove his chief deputy--the most experienced prosecutor remaining on the staff.

“We are very pleased with the significant rulings of the court,” said Weinberger’s lawyer, Robert S. Bennett.

Hogan expressed concern that jurors might be prejudiced by the direct involvement of prosecutor Craig A. Gillen in the questioning of Weinberger and his former lawyer, which had led to one of the remaining charges.

In that count, Weinberger is accused of making false and misleading statements to members of the office of independent counsel during an Oct. 10, 1991, interview in which Gillen took part.

Weinberger’s lawyers contended that the jury will be tempted to believe Gillen’s version of the facts because he was present at the interview.

Hogan plans further discussion with Gillen before the January trial. If the judge decides that the prosecutor should be removed, “the office of independent counsel will be given the option of removing Mr. Gillen or dismissing this count of the indictment,” Hogan said in a 17-page ruling.

“Accordingly, to avoid any delays in trial should problems arise, the office of independent counsel is advised to have other counsel available to proceed if necessary,” he said.

The three other charges Hogan left intact accuse Weinberger of lying to congressional committees.

The charge he threw out alleged that Weinberger had obstructed Congress by concealing and withholding from the Iran-Contra committees daily notes he had taken relating to the arms-for-hostages deal with Iran and support of the Nicaraguan rebels.

Hogan cited the July 8, 1992, ruling of the U.S. Circuit Court of Appeals here reversing the conviction of former President Ronald Reagan’s national security adviser, John M. Poindexter. That ruling, which Walsh said he will appeal to the U.S. Supreme Court, held that a mere allegation of lying to Congress does not constitute an obstruction of Congress.

“To prove the act was done ‘corruptly,’ as required by the statute, the government must allege that the defendant influenced another person to lie to Congress,” Hogan said.