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Did the ban on "indirect" expenditures apply to funds used to pay the salaries of Government officials who helped the contras? During the debate over his amendment in 1984, Boland emphasized the point: "It clearly prohibits any expenditure, including those from accounts for salaries." If he is right, the disclosures that various Government employees -- most notably North and Assistant Secretary of State Elliott Abrams -- spent time coordinating support for the contras would pretty clearly point to a violation of the law.
Independent Counsel Lawrence Walsh seems to be pursuing a strategy designed to get around the murkiness of the Boland amendment and the fact that it carries no criminal penalties. Besides seeking indictments charging such specific crimes as obstruction of justice, perjury and misuse of Government funds, Walsh may tie many defendants together in a broader conspiracy case, arguing that the individual overt acts were committed in pursuit of a larger scheme to evade the will of Congress. Engaging in such a conspiracy would be a felony punishable by five years in prison.
Despite disagreements over the Boland amendment's provisions, it seems clear enough that Congress intended to shut off for a period any kind of U.S. Government aid to the contras. Last week's testimony turned up new specific acts that show how the law was intentionally circumvented and probably violated outright by Government officials. Among the acts:
-- Robert Owen, at the time a private citizen volunteering his services to North, made a trip to Costa Rica in 1985 to select a site for an airfield from which arms could be flown to the contras. He testified that he was met and shown around by a CIA agent who helped him choose the location. The CIA was barred at the time from such activities.
-- In February 1986 Owen made two more trips to Costa Rica. Owen by then had a $50,000 contract from the State Department to help in the delivery of "humanitarian" aid to the contras, which was permitted at the time. But he testified that on one trip he also helped deliver "lethal equipment" to the rebels, which was still banned.
Assistant Secretary of State Abrams is scheduled to testify June 2 and can expect tough grilling. Retired Army Major General John Singlaub testified that Abrams last March had "concurred in" his soliciting of contra contributions from two countries (Taiwan and South Korea) and had promised to send a "signal" that Singlaub had the Government's blessing. Later, said Singlaub, Abrams told him that solicitation of one country, apparently Taiwan, would be handled at the "highest level." Singlaub took that to mean "someone in the White House." Abrams disputes parts of this account.
The Boland amendment is far from the only statute that may have been violated by Government officials involved in the Iran-contra affair. Indeed, almost every day of the congressional hearings brings to light at least a hint of illegalities going beyond Boland. Some examples: