Arthur Culvahouse is an American lawyer who served as Ronald Reagan’s White House Counsel from 1987 until 1989. In performing his duties as the President’s attorney, Culvahouse reviewed certain communications between administration officials and Congress. Regarding the Iran-Contra Affair, Culvahouse and his office reviewed a draft response by National Security Advisor General Colin Powell to Senator John Kerry. This primary source contains both Senator Kerry’s letter and several draft responses worked on by both Powell and Culvahouse.
Senator Kerry had written to Powell in his role as a member of the Senate Committee on Foreign Relations and as chairman of the Subcommittee on Terrorism, Narcotics and International Operations. Kerry’s letter concerned allegations of U.S. involvement in illegal drug smuggling with the Contras and others in Central America. Kerry is requesting that National Security Advisor and others work to declassify and handover the diaries of Oliver North. Kerry and committee staff believed that the contents of the diary would be able to either confirm or deny the drug allegations as well as if North met with Panamanian general Noriega.
The response by Culvahouse and Powell was workshopped several times, going through several different drafts. The response is ultimately addressed by Culvahouse to Kerry. Culvahouse says that North’s diaries may be under investigation by then special counsel Lawrence Walsh, who was assigned by the U.S. Attorney General to investigate the Iran-Contra scandal. Since the materials requested were part of an ongoing investigation, in standing with Department of Justice policy, Culvahouse said he could not declassify the diary. Additionally, Culvahouse says that portions of Kerry’s letter contained SECRET information, he requested that Kerry’s office mark all copies SECRET and take the proper procedures to protect the letter from public disclosure.
“Dear Mr. Chairman:
General Powell has referred your letter of January 25, 1988, concerning Oliver North’s notes of meetings with General Noriega and alleged drug traffickers, to me for reply.
Your letter concerns a person under investigation by Independent Counsel Walsh, and of course no decision about ultimate release of such materials could be made without Judge Walsh’s approval. On a practical level, moreover, our Interagency Classification Review Group, established to review for declassification document requests arising out of the Iran-Contra investigations, is engaged in fulfilling massive requests from the House Select Committee to Investigate Covert Arms Transfers to Iran and can not take on new requests until the end of February. At such time, your request will be reviewed and Judge Walsh will be consulted. In any event, material cited in your letter has remained classified and probably will have to remain so.
I also should like to call to your attention the fact that your letter contained classified information and should have been appropriately marked. We have marked your letter and all copies thereof SECRET and recommend that you do the same with respect to copies you may have retained. Further, I understand some information in the diaries contains compartmented, classified information. Appropriate care therefore should be exercised with respect to the maintenance of the security of such information. This would include references and access to it. Finally, I note that the Senate Select Committee on Secret Military Assistance to Iran and the Nicaraguan Opposition has determined to transmit its files and documents in its care to the Senate Select Committee on Intelligence, which has facilities for keeping such sensitive material. Ultimately, that Committee will have responsibility with respect to access.”
Source:
Culvahouse, Arthur B. “Iran/Arms Transaction: Alleged Drug Smuggling (1).” National Archives Catalogue Collection RR-0113: Arthur Culvahouse’s Office Files. February 10, 1988. https://catalog.archives.gov/id/118565422.