Philip Morris
Pentagon Probe. Iran - Contra Case. Kids and Smoking
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(c) 1989 EBC & GWETA. All Rights Reserved, January 6, 1989
MR. LEHRER: A year ago. If this ha6been a Justice Department case, it
wouldn't have --
MR. KORTEN: Never would have gone to Indictment in the first place. You'd
have found out before that point that you had had classified material you had to
rely on but could not use. There would not have been a charge brought in the
first place.
MR. LEHRER: Mr. Nields, what do you think of Mr. Korten's point that -- stop
it right now, what's the point In going on?
MR. NIELDS: Well, first of all, I guess as you can tell from what I've
already said, I think, the other charges were the more properly brought. I ha d
questions from the beginning about the conspiracy count and the diversion count.
I think the others are proper criminal charges and I believe it is i'mportant
that they go to trial. I don't know how they're going to come out but I think
it's important --
MR. LEHRER: Why is tt important that they go to trial?
MR. NIELDS: Because I believe that the most important issue arising out of
the Iran-Contra affair is whether the rule of law-will apply to activities
conducted by our government In secret, and I underscore i'n secret. It is very
difficult to bring the rule of law to bear on intelligence activities, secret
activities, because they're secret, and If when we find out that secret
activities have been conducted In a criminal way and charges are brought and it
then turns out that we can't bring those charges to trial because they were d one
in the Intelligence world and, therefore, they are classilfie6secrets which will
prevent the trial, we have really told the entire intelligence community that
they're immune from the law and I think that would be a very serious and
unfortunate thing.
MR. LEHRER: Mr. Korten.
MR. KORTEN: I don't want to, say that's silly but I think it's disingenuous,
because the charges that are being brought here are not, as John, himself, no ted
a minute ago, charging Ollie North with having illegally diverted funds or
havi'ng done something in that realm that was wrong. There all things that
revolve around whether.or not he gave Congress information that it was asking
for. Was Congress asking for that information properly? Were they exceeding
their bounds? What you get right down to after you analyze most of these counts
is a policy dispute between the legislature and the executive. And the Congress
wanted a lot of information from the executive, not all of which,it was entitled
to, perhaps very little of which it was entitled to. They wanted to try to
in,fluence the executive branch foreign policy decision making in a way that the
Congress is not entitled to do. They're trying to expand their power in the
realm of foreign policy and they're tying to criminalize the dispute with the
White House. That's what these counts are all about. They're not about'Ollie
North. They're about a policy dispute between the Congress and the executive.
MR. LEHRER: They"re not about what Mr. Nields just said they were about.
MR. KORTEN: Not on a larger sphere, not on a larger sphere.
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MR. LEHRER: Criminal acts done in secrecy because of their intelligence.
MR. KORTEN: Take a view of this. For example, one of the charges or perhaps
several of the charges, I guess, involved whether or not he misled or lied to Ed
Meese during that weeken6before all of this was announced to the White House
news conference. Did he make false statements within the meaning of the Title 5
U.S. Code? The fact of the matter Is that was an informal inqui'ry. The Presid ent
asked Ed Meese to ask some questions, try to get to the bottom of it, but it was
not an official criminal investigation. To charge someone with criminal
violations for which one could suffer jail and heavy fines when, in fact, all
you were talking about here was an informal inqui'ry, seems to me to be bizarre.
Most of the rest of the counts don't make an awful lot more sense to me.
MR. LEHRER: Mr. Nields.
MR. NIELDS: Well, I guess as I've already said several times It is not
unusual for the Department of Justice to bring criminal charges against people
who obstruct official proceedings, shred documents, falsify records, lie to
Congress, lie to the Justice Department, and I wish --
MR. LEHRER: You mean, the Attorney General --
MR. NIELDS: Lie to the Attorney General, and I wish that I could be
guaranteed that when I have a client who is under investigation for similar
things that I could go to the Justice Department and'say, well, all they did was
lie to you or somebody else, and consequently, they shouldn't be indicted.
MR. LEHRER: We're not going to resolve that one but let's take up a point
that Lyle made and it's been made by others, that as a result of the decision,
and assuming the judge -- is there any question, by the way, that the judge will
go along with Walsh on this?
MR. DENNISTON: I don't think there's any question about it. He has a hearing
on Monday at which he's going to examine the question and under the federal
rules, he must agree to do it before the matter is dropped, but the judge,
himself, has said over and over again for the last nine, nine and a half months,
that he had serious problems going~ahead with these counts anyway even before
W'aTsh made the point. ~'
O
MR. LEHRER: So let's assume that he does. Do you believe, Mr. Nields, or do N
you agree with Lyle, that as a result of this, the full story of Iran-Contra ~
will now not be told?
~
MR. NIELDS: No. I think it was -- first of all I guess I should say, and I've (~
got a little bit of a bias here since I was involved with the Congressional ~
investigation, but I should say that we saw all of the documents in their ~
unclassified formy and there were none that had any bearing at all on the N
President's responsibility for the diversion or frankly for any of the other
episodes in the Iran-Contra affair which were concealed by reason of their being
classified, and the second thing I guess I would say is that I think it would
have been very unlikely that either North or the President, Reagan, should he
have testified would have said anything different about the President's Congress
than North said to the Congress or that Reayan had said to the public. So while
I can't absolutely rule out that some additional piece of information would have
come out or will come out in the context of the criminal case, I believe it
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was very unlikely an6I doubt we lost anything in that regard.
MR. LEHRER: Do you agree with that, Mr. Korten?
MR. KORTEN: Oh, sure. After the eight or nine months that the Congress spent
holding countless hours of hearings and producing thousands of pages of
transcripts and many many more interviews that were conducted in private with
people who had never testified, we have a very full complete.account insofar as
it can be known as to what happened.
MR. DENNISTON: There is one dimension into which the Congressional effort and
the Tower Commission effort did not go and that's the role of George Bush.
George Bush has never been subjected to a rigorous accounting to what role, if
any, he had In that. Now I'm not suggesting that I know he had one, but he
certainly was not asked to answer in the same way that President Reagan was
asked to answer, and that Is something that might well have come out at the
trial or at least there was a prospect that that might have come out at the
trial and that prospect is now gone.
MR. LEHRER: But it did not come out in the Congressional hearings at all. Is
there some explanation for that?
MR. NIELDS: Well, the only thing that I would say is it is true that although
we all got through the press and through the Tower report some idea of what
President Reagan had to say about his own knowledge and Involvement, we didn't
learn that much from George Bush. But in terms of evidence from other sources
about future President Bush's i'nvolvement, we explored those thoroughly, there
wasn't very much on it frankly, and we concealed nothing that we learned.
MR. LEHRER: Mr. Korten, anything to add to that?
MR. KORTEN: I have great affection for Lyle. We've known each other for years
and dealt with each other at the Department, but I''m always amused by the
journalist's propensity to squeeze the last ounce of blood that can be had ou t
of a story. I don't think anything involving George Bush would add anything
significant to the story. Based on what I know of conversations that Ed Meese
had with George Bush at the time, as well as all of the others, I don"t think
there was_any significant role on his part.
MR. DENNISTON: Jim, I think there's another point here that bears repeating.
I think it comes a little bit off of what Pat was saying earlier. These are
difficult issues to try to raise and resolve in the context of a criminal case.
This Is a case that is regulated by the constitution itself and it's regulated
by this bizarre 1980 law, the Classified Information Procedures Act, and to try
to put on this trial and this criminal process, the burden of political
revelation is asking it to carry a lot more baggage than it can, but it's all
we've got left now. There are not going to be any other inquiries. Clumsy and
inartful as this process might have been, it was worth trying, I think, from, at
least from a news perspective, whether or not from a governmental perspective;
that's arguable, I suppose.
MR. LEHRER: You've been close to the procedures up till now. What is your --
do you think that the trial of Oliver North will, in fact, proceed on these
final 12 counts?
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MR. DENNISTON: My present inclination is to think that it will not because I
think that the classified documents issue is going to continue to plague this
proceeding throughout and I think at some point, my own conjecture, purely off
the wall, is that Lawrence Walsh is going to decide that he can't go forward
with anything of real consequence in thts case and the case I think ultimately
will be aborted. But we'll know that in January or maybe in February.
MR. KORTEN: The same thing is what all of this says about the independent
counsel law. What it say is after two years and $12 million -- by the way -- do
you know what the average U.S. Attorney's Office spends in a year, 5 million,
and they bring hundreds and thousands of cases. He's spent $12 million and he's
come up with almost nothing.
MR. LEHRER: That's another whole thing and I'm sure we will have you and
others back to talk about i't depending on what the results are. Gentlemen, thank
you all three for being here.
FOCUS - KIDS AND SMOKING
MR. MAC NEIL: Next tonight the question of why young people, despite all
warnings and pleadings, still take up smoking. We have a report from Seattle by
Lee Hochberg of public station KCTS Seattle.
LEE HOCHBERG: Teenagers today have lived their entire lives in a world wit h
warning labels on cigarettes. They've never seen a tobacco ad on television.
Yet, almost 20 percent of teenagers smoke every day. Teen smoking rates dropped
a decade ago, but today, teens are the only segment of American society where
smoking isn't on the decline.
TEEN: I don't know why I smoke. A lot of people ask me that, but mainly I
guess it's because my dad smokes, there are cigarettes there. You know, a lot of
my friends smoked. All my friends smoke now..
MR. HOCHBERG: Poor kids are twice as likely to smoke as their middle class
teens. More than 80 percent of teens who smoke daily have below a C average in
school. They are more likely to drop out, less likely to go to college. They are
more likely to regularly use alcohol, marijuana, or other illegal substances.
They know about lung cancer and emphysema and early death from smoki'ng, but many
teen~smokers have an outlook on life that keeps the educational message from
making a difference.
TEEN: Today you're going to die from smoking or nuclear war or whatever;;
you're still going to die.
TEEN: No, I don't think about it, because I know if it happens, it happens,
there's nothing I can do to stop it besides quit sMoking and you're going to die
sooner or later, so -- (laughing).
MR. HOCHBERG: Like their parents before them, most kids start smoking because
they think It's cool, girown up, or just because their parents do it. Whatever
the reason, smoking Is not just a passing phase of rebellious youth. Many make a
decision at the age of twelve or fourteen that will stay with them until they
die.
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ROBERT ROSNER, Smokinp Policy Institute: D think that i'n our society we
have a slight problem, that what we do Is We look at smoking and we say it's a
personal choice issue and we forget that for.millions and millions of people,
once they start smokingy the personal choice goes out the window; they are
hooked to an addictive drug.
YOUNG CHILD: I know I'm too young to smoke. It's just that I have a habit and
I can't quit It.
MR. HOCHBERG: Government studies find that 53 percent of the nation's high
school seniors who smoke half a pack of a day have tried to quit but couldn't.
Ten years from now, 3/4 of them will still be smoking every day. Nicotine is
considered one of the most addictive drugs young people encounter.
ROBERT ROSNER: Consistently, a majority of both alcohol users and drug users
say that they had a much.tougher time kicking nicotine than they did kicking
alcohol and heroin.
MR. HOCHBERG: That addiction canibe costly or profitable, depending on your
perspective. The American Lung Association estimates kids under the age of 17
buy $3 billion worth of tobacco products each year. In the State of Washington,
selling cigarettes to minors is a gross misdemeanor, punishable by up to a yea r
in jail, but the law has never been enforced.
MR. HOCHBERG: Where do you get your cigarettes?
TEEN: 7-Eleven's, just little mini stores, just little handy stores, you
know, they'll sell them to anyone.
TEEN: It's easy to get in there. You know, they just kind of go, are you 18,
yeah, okay, you know. They don't really, they don°t card you.
MR. HOCHBERG: So where do you get your cigarette5?
TEEN: 7-Eleven.
MR. HOCHBERG: Is that --
TEEN: Down the street. It's 'cause when I'm at school, it's easier to go down
there and get 'em. I just walk in and ask for a Salem Lights and they say okay N
and I give 'em the money. N
MR. HOCHBERG: 7-Eleven, the natfon's largest chain of convenience stores, jy
says it depends on tobacco customers for more than 1/3 of its business, but the ~
company says tobacco sales to minors are insignificant. ~
DAVID HUEY, 7-Eleven Merchandise Manager: I would say is that's occurring, ,A
it's a very small number of stores and a very small number of people that are ,A
obtaining cigarettes in that manner. What you're saying is it happens, I'm su re (jt
it does, but in terms of its significance, I wouldn't be concerned about it.
MR. HOCHBERG: Ron Sims is concerned. He and other members of the FSing County
Council recently passed one of the nation's toughest ordinances aimed at
stopping tobacco sales to minors. It will require ci garette retailers to obtain
a county license to sell tobacco products. Then it will use that license to
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(c) 1989 EBC & GWETA. All Rights Reserved, January 6, 1989
punish people selling cigarettes to minors.
RON SIMS, King,County Council: The first violation you get a warning lette r
and a $100 fine. The second violation you are fined $500 and your license to
sell tobacco products for three to six months. On the third violation the fine
is $1000 and your license to sell tobacco products is revoked. We hit people
where it hits them,hardest which is in their pocket book. Today when we had
convenience store operators saying that 25 to 33 percent of their sales are
tobacco products and that if they're suspended for any period of time it can put
them out of business, that was our intent, to get people to understand that
nicotine is highly addictive and we do not want it sold to young people under
the age of 18.
MR. HOCHBERG: The ordinance will also eliminate self-serve vending machines
in areas accessible to minors. It goes into effect i'n February. It's impossible
to say how effective the legislation will be. One problem is that many kids have
a source for tobacco that the law can't reach.
TEEN: When I don't have any money, I get cigarettes from, my dad. He gives me
cigarettes.
TEEN:' My parents know I smoke, so normally my dad will bring me a pack home
or something during the day.
TEEN: My mom buys them for me too, so I could always go have her buy 'em for
me, so it's not like it would stop me because I couldn't buy 'em, because I cann
always find somebody to buy 'em for me.
MR. HOCHBERG: Not only do many parents tolerate smoking. So do many schools
on the belief that banning smoking would'just drive students away from school.
BILL WILEY, Principal, Everett Alternative H.S.: The board and the district
felt that it was in the best interest of the district and of society in general
to have, if you will, educated nicotine addicts rather than uneducated nicotine
addicts.
MR. HOCHBERG: But the trend'is the other way. School districts in several
~e.attle suburbs recently have banned smoking on school grounds. Most other
school districts are expected to follow suit In the next few years, yet, no one
expects the problem,to be solved so easily.
JANE ANSLEY, Counselor, Auburn Schools: We've told them that they shouldn't
smoke dope. We've told them they shouldn't drink beer. We've told them they
shouldn't drive without their seat belts on, and they know all about It, but
they still do because that's what youth does.
ROBERT ROSNER, Smoking Policy Institute: Well, Surgeon General Koop has a
very interestin4 way of discussing the issue of kids and smoking He says when
ou look at the tobacco industry, they have a problem. Every year they kill
350.000 of their best customers. They have to accrue.
MR. HOCHBERG: Many educators believe that tobacco advertising entices kids to
try out smoking. Whether it's the rugged independence.of the Marlboro man, the
sexy playfulness of Salems, or the promise to be coal, the images portrayed by
tobacco companies make a powerful impact on kids.
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ROBERT ROSNER: See the problem is is that education is boring and Madison
Avenue is smart and what we've been doin is we've been oin u with a slin
shot against Madison Avenue and think we have to fight fire with fire
(PUBLIC SERVICE ANNOUNCEMENT AGAINST SMOK'ING)
DR. ROBERT JAFFE: (Addressing Young Children in Classroom) My name is Bob
J!affe, and 1'm a family doctor here in Seattle, and the reason why I came here
is to talk about cigarettes and smoking.
~ MR. HOCHBERG: An organization of Washington physicians, Doctors Ought to Ca re
or DOC, is trying to counter the effects of tobacco ads with TV public service
announcements and school programs. They aimed at preventing young kids from ever
starting to smoke.
DR. ROBERT JAFFE: What do those ads say about cigarettes?
LITTLE BOY IN CLASSROOM: They say smoke. They'll say we're the best cigare tte
you've ever tried.
DR. ROBERT JAFFE: So what do you think it'll do to? What does the ad say it's
going to do to you?
LITTLE BOY IN CLASSROOM: It says it''s going to make your life a better life.
DR. ROBERT JAFFE: Uh huh. Is she having a good time or bad time?
KIDS IN CLASSROOM: Good time.
DR. ROBERT JAFFE: So you want to be like her?
MIXED RESPONSE BY KIDS IN CLASSROOM:
DR. ROBERT JAFFE, President, Washington DOC: What I'm trying to do now is to
get down to the kindergarten,to sixth grade level and convince kids that they
don't need to start, that it's a stupid idea, that they're being coopted and
duped by large corporations who want to profit off of their illnesses and their
eventual death and work out their rebelliousness and anger against those
companiesy-against those advertisements, and make the act of not smoking seemm
like a strong courageous nonconformist stand for them to take.
TEACHER IN CLASSROOM: Rule No. 1 says no smoking. That means that when you
decide you're going to be in this group you are going to quit cold turkey.
MR. HOCHBERG: For kids who have started smoking, and want to quit, a few
schools offer help like this Stop Smoking class at a suburban Seattle high
school. These students have gond reasons for wanting to stop.
STUDENT: Most of the people in my family the reason flf death, the main cause
of death is lung cancer, and just waking up in the morning and coughin' up bl ood
clots and stuff, it's not that fun.
STUDENT: I'm going to quit smoking because I used to be a distance runner and
I want to start runnin' again and when I smoke, it just makes it hard, so I'm
just gonna quit it altogether and get my act back in shape.
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STUDENT: fiy grandmas, all of 'em die6of lung cancer, and my grandpas, and my
mom is not even livin', she's not quite dyin', but she's got lung cancer:.Tha t's
one reason I want to quit.
MR. HOCHBERG: Even for young smoker, quitting doesn't come easily. Of the 24
students who started this class, none has been able to completely kick the
habit.
MR. LEHRER: We close tonight with a look back at Emperor Hirohito of Japan.
He died this evening after a four month illness. He was 87 years old. He had
reigned for 62 years, and during that time, Japan had moved from a military to
an economic power. Charlayne Hunter-Gault prepared this report on the passing of
the head of the oldest i'mperial family in the world.
M5. HUNTER-GAULT: When Hirohito inherited the throne in 1926, the emperor was
considered literally descended from the gods. During his life, that concept
changed to a much more human one, a change that can be seen in the way he died,
fighting till the end, blood;transfusi'on after blood transfusion, using advanced
medical technology. This would have been unthinkable when Hirohito was growing
up. In those days, neither the Emperor or his children were suppose6to be given
any medicine, because ft was considered a violation of their sacred bodies. It
was at the urging of his wife that Hirohito, himself, changed that practice,
allowing his daughter to be given pain killers for a terminal i'llness. Much of
the emperor's job was ceremonial, like reviewing the troops. But he did have
ultimate power, but it"s not clear how often he exercised that power. He was
often presented with fait de complits by his generals who led Japan into war
with China and other neighbors in the 19305. It's not even clear whether
H3rohito approved of the war against the United States, but one decision was
clearly his, to_ surrender after the U.S. dropped the atom bomb on Hiroshima. He
prevailed over some military leaders who wantedito fight until the end. When he
announced Japan's surrender on national radio on August 15, 1945, it was the
first time the Japanese public had ever heard'his voice. The people were not
supposed to look at or hear him because of his divine status. Japan surrendered
to Gen. Douglas McArthur, who directed the U.S. military occupation.
DOUGLAS MC ARTHUR: To sign the instrument of surrender at the places
indicated.
. MS. HUNTER-GAULT: McArthur draft a new constitution, but rejected suggestions
to depose the Emperor. Still the constitution took away the emperor's power and N
gave it to Japan's parliament. The emperor not only acquiesced, but O
enthusiastically supported the new constitution, urging the Japanese people to N
do the same.
SPOKESMAN: (Speaking through Interpreter) We shall join with the people in ~
getting our fullest efforts to carry out the terms of this constitution CJ1
correctly. ,A
MS. HUNTER-GAULT: Hirohito now had a purely ceremonial role, more closely ~
resembling the Queen of England"s. Japan's history books would no longer call
~
the emperor a god. Demystified, Hirohito became more of a public figure,
appearing! in front of huge crowds, visiting coal mines and factories throughout
the country, even traveling abroad. He went to England in 1973, where he was
greeted by the queen, despite some protests from World War II veterans and
prison camp survivors. It was the first time any Japanese emperor had ever
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left his country. By this time, Japan was a major economic and growing
diplomatic force and would become a key participant in global economic sumMfts.
Its automobiles and electronic products were selling better and!better outside
the country. Its military force was limited by the constitution, but under
American pressure, the country has gradually i'ncreased its defense program. In
1975, Hirohito came to the United States. In addition to his visit to the White
House, he was interviewed on network television-about his role in World War IP.
(TELEVISION INTERVIEW)
MS. HUNTER-GAULT: His last public appearance was in August, attending a
ceremony for Japanese soldiers killed during World War II. With Hirohito's
death, his son, Crown Prince Akahito, i'nherits the throne and will go through
many ancient coronation rituals. But he will come to a thrown of a nation much
more symbolized by its consumer goods and by a dynamic exporting economy than by
the ancient Imperial grandeur or military power of his father's time.
RECAP
MR. MAC NEIL: And again the other main potnts in the news this Friday, the
first indictments and guilty pleas were made today in the Pentagon procuremen t
case. The charges range from conspiracy and bribery to theft and racketeering.
The nation's unemployment rate dropped to 5.3 percent last month, the lowest
level since May of 1974, and the Soviet Union rejected the U.S. claim~of self-
d'efense in the Libyan shootdown incident. Good night, Ji'm.
MR. LEHRER: Good night, Robin. Have a nice weekend. We'll see you on Monday
night. I'm Jim Lehrer. Thank you and good night.
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