Judge Bars Shredding of Iran Documents

NEW YORK — A federal judge Monday ordered the U.S. government not to destroy, conceal or alter any documents pertaining to weapons shipments to Iran.

The order by Judge Leonard B. Sand, which covers weapons sent directly from the United States or through any other country, came in the case of 17 defendants charged with plotting to smuggle more than $2 billion worth of arms to Iran.

The case could become the first clear test of the impact on Iranian arms smuggling prosecutions from the White House’s secret arms shipments to Iran. Defense lawyers have asked Sand to subpoena Vice President George Bush, Lt. Col. Oliver L. North, a fired National Security Council aide, and former national security advisers John M. Poindexter and Robert C. McFarlane on grounds that the Reagan Administration secretly sanctioned the deal.

10-Day Adjournment

The judge also granted a request by prosecutors for a 10-day adjournment while the Justice Department tries to determine whether recent disclosures about White House approval of some arms sales to Iran may be relevant to the case.

Assistant U.S. Attorney Lorna Schofield said “so far, my office knows of no facts why this case should not proceed” but added that it was “our responsibility” to evaluate recent disclosures about government-sponsored arms shipments to Iran.

“There are decisions that have to be made by U.S. government agencies as to the suitability of this prosecution at this time,” Sand said, in granting Schofield’s request.

In a preview of sensitive and potentially embarrassing issues that could be raised if the defendants ever come to trial, Sand asked Schofield what documentation accompanied the Reagan Administration’s arms shipments and whether papers were falsified to show any country other than Iran as the ultimate destination.

Answer Not Known

“That (answer) is not known to the United States attorney’s office,” Schofield replied. Sand then asked her to find out.

Defense lawyers had requested the order protecting any documents on U.S.-sanctioned arms sales to Iran after it was reported last week that North may have destroyed some documents relating to arms shipments. North was fired from the staff of the National Security Council after the discovery that some funds from the Iranian arms deal had been diverted to the U.S.-backed rebels fighting in Nicaragua. Poindexter also resigned as national security adviser.

In issuing his order, the federal court judge overruled mild objections from Schofield.

“We have no idea whether these (the North) documents have anything to do with this case,” the prosecutor said. “We share the defendants’ concern. We do not think we need an order.”

Sand has not yet ruled on the subpoena requests.