in Central America or elsewhere. In the absence of a stipulation, this determination permits North to divulge information, if any exists, relating to official concealment and the administration's direct involvement with third countries on a quid pro quo or other basis to provide continued military assistance to the contras. The parties are advised that the Court will continue to attempt to safeguard foreign persons, countries and other details underlying any such third-party arrangements but can do so only to the extent that by candid admission or stipulation the true nature and effect of such arrangements will be presented in knowledgeable form to the jury.
(2) North's proposed presentation of intelligence reports concerning the activities of other foreign countries and the attitudes of their leaders regarding the contras add nothing to the case when they were uninvolved in U.S. projects for supplying arms.
(3) The Court has determined and defendant is now so advised that documents numbered 161, 283, 284, 286-291, 293
will not be received in evidence in full text under any circumstances. If selected portions are later ruled to be relevant and material, they will be used only in substitute form. The Court will require the government to accept whatever substitutions it approves or develops after consulting counsel on both sides.
(4) While the general nature of the hostage release initiative needs to be sketched, there is no reason to place into the record details concerning the people involved, the various intricacies of the negotiations, the changing reasons for tactical decisions, and factors that may or may not have influenced any outcome of the negotiations. No aspect of North's general involvement in the hostage release efforts or Iran initiatives is now claimed to have been illegal for purposes of the trial.
(5) While the defense is entitled to present legal opinions that may bear on North's reason to believe that conduct challenged in any remaining count was lawful, there is no reason to interlard with any opinions the details of underlying covert or other classified activities that prompted the opinion, such as that involving the [Text deleted by Court] incident.
(6) While the trial may require some summary presentation, non-classified in character, concerning the conduct of covert activities generally, there is no need to present classified information disclosing the details of any such operation, the meetings that were had, the codes and project names used, the individuals carrying them out and proof bearing on their need, their success, or their failure.
(7) Similarly, as to count 20, which involves North's alleged acceptance of a gratuity from Secord and Hakim for official acts of North, if the defense believes it necessary to demonstrate that North was engaged in anti-terrorist activities for the United States and was physically at risk, he may do so, describing the problems in general terms and using non-classified broadcast and other data publicly available. North has no basis, however, to claim that the allegations of Count 20 necessitate introducing a full account of various terrorist activities and details of his activities in efforts to suppress them.
(8) The defendant may bring forward non-classified information or even limited classified information indicating the extent of the administration's efforts and commitment to encourage private giving by various third party groups. Yet administration involvement again provides no basis for introducing classified information concerning the details of how the money was spent, what channels were used, what procedures were adopted for making the aid effective in Nicaragua, or the official monitoring of any private activities in Central America.
(9) Similarly, defendant is entitled to present specific instances demonstrating that members of Congress leaked classified information to the public, but unless those assertions are challenged by the government, the precise details of the classified information leaked shall not be part of this case.
(10) North will not be permitted to attempt to find justifications for alleged inaccuracies in statements to specific inquiring congressmen by claiming he relied on the fact that other members of Congress by reason of their official duties, trips or otherwise knew or must have known that the statements he was making were inaccurate.
Exigencies of trial, particularly the rigors of cross-examination, may require revisions of these guideline rulings in specific situations.
This memorandum is for use of counsel and shall be referred to during trial by reference to a particular page or numbered paragraph without stating the ruling publicly.