a251  1813  29 Nov 89
AM-Iran-Contra,0537
ACLU Asks Probe of Thornburgh Decision in CIA Case
By PETE YOST
Associated Press Writer
    WASHINGTON (AP) - The American Civil Liberties Union asked Congress
Wednesday to investigate Attorney General Dick Thornburgh's decision
leading to dismissal of the Iran-Contra case against a former CIA
station chief.
    There is a ''strong possibility'' Thornburgh's action regarding
Joseph Fernandez stemmed in part from the CIA's desire ''to cover up
its involvement in the Iran-Contra affair,'' Morton Halperin,
director of the ACLU's Washington office, said in a statement.
    A week ago, Thornburgh filed an affidavit blocking disclosure of
classified information relating to the location of three CIA
facilities in Central America and details of three agency programs in
Costa Rica. Thornburgh was acting on behalf of U.S. intelligence
agencies.
    U.S. District Court Judge Claude Hilton threw out the criminal
charges aganst Fernandez on Friday, saying the CIA's ex-station chief
in Costa Rica needed to use the classified information in order to
get a fair trial. The office of independent counsel Lawrence Walsh is
appealing.
    In a session with reporters Wednesday, Thornburgh said he expected
the 4th U.S. Circuit Court of Appeals in Richmond will allow the
trial to go forward by overturning Hilton's refusal to allow
substitutions for the classified information.
    Thornburgh refused to discuss the information when asked if it
revealed CIA involvement in covert aid to Nicaraguan rebels, as
claimed by Fernandez.
    ''These are troublesome areas,'' Thornburgh said, noting that when
he headed the criminal division of the Justice Department in the Ford
administration he revoked an order giving the CIA power to determine
''who could be prosecuted within their organization.''
    ''I found that to be unthinkable. That's a decision that has to be
made by prosecutors in the Department of Justice.''
    CIA Director William Webster, answering questions after a luncheon
speech Wednesday at the National Press Club, was asked if the CIA
were trying to protect Fernandez. He replied, ''That's absolutely
without merit.''
    Halperin, in a letter to Congress, said, ''Congress should ...
investigate whether the attorney general acted properly in refusing
to release information required to allow the trial to go forward.''
    It went to the leadership of the Senate and House intelligence
committees and judiciary committees.
    ''This case gives the appearance of a conflict of interest,'' the
letter stated.
    ''Neither the Bush administration, represented by the attorney
general, nor the intelligence community had an interest in seeing
this case go to trial,'' said the letter.
    ''The intelligence community may have been much more interested in
protecting Fernandez and its relationship with him than in protecting
vital national security secrets,'' the letter added.
    The case against Fernandez was being handled by Walsh's office and
''the attorney general had no stake in the prosecution,'' said
Halperin.
    The attorney general ''appears simply to have followed the dictates
of the intelligence agencies in refusing to disclose the
information,'' the letter stated.
    In filing the unprecedented affidavit, Thornburgh invoked a
provision of the Classified Information Procedures Act. The law
requires the attorney general to report to Congress in all cases
where the prosecution cannot proceed because the government bars
disclosure of classified information.
    
 
AP-NY-11-29-89 2101EST
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