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UNITED STATES v. NORTH

November 29, 1988

UNITED STATES OF AMERICA
v.
OLIVER L. NORTH


Gerhard A. Gesell, United States District Judge.


The opinion of the court was delivered by: GESELL

GERHARD A. GESELL, UNITED STATES DISTRICT JUDGE.

 
Re: Defendant North's Motion (#39) to Dismiss Counts 1-3, Strike References to the Boland Amendments, and/or Preclude Evidence Concerning the Boland Amendments.
 
Defendant North's Motion (#40), to Dismiss Counts 1-3 Under the Political Question Doctrine.
 
Defendant North's Motion (#41) to Dismiss Count 1, Strike References to Executive Order 12333 and National Security Decision Detective 159, and/or Preclude Evidence Concerning Those Provisions.
 
Defendant North's Motion (#42) to Dismiss Count 1 for Lack of Fair Notice.
 
Defendant North's Motion (#44) to Dismiss Count 1 for Charging Multiple Conspiracies.
 
Defendant North's Motions (#45, #46) to Dismiss Counts 2, 3 for Failure to State an Offense.
 
Defendant North's Motion (#49) to Dismiss Counts 1-3, 4-7, 9 and 23 as Based on Novel Legal Theories Beyond the IC's Authority.

 After considering the briefs and full oral argument of these motions to dismiss counts One, Two and Three, motions 39, 40, 41, 42, 44, 45 and 49 are denied and motion 46 seeking dismissal of Count 3 is granted, for reasons set forth in summary below.

 Motions Addressed to Count 1.

 Count 1 clearly states all elements of a conspiracy to defraud the United States, and contrary to his assertions in Motion #42, North had fair notice that the conduct charged was subject to criminal charges. In 1924, the Supreme Court described defrauding the United States in terms that clearly encompass North's conduct as alleged. Chief Justice Taft said:

 See also, United States v. Haldeman, 181 U.S. App. D.C. 254, 559 F.2d 31 (D.C.Cir. 1976), (en banc), cert. denied, 431 U.S. 933, L. Ed. 2d 250, 97 S. Ct. 2641, 53 L. Ed. 2d 250 (1977); United States v. Lewis, 230 ...


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