On Iran-contra, what did Roberts know?

"The only thing remarkable about it," Mr. Hauser says, "is that there was a pyrotechnic aspect to it that was unknown at the time."

In January 1985 Roberts was asked to assess the legality of the president and the White House becoming involved in fundraising on behalf of a newly formed private group called the Nicaraguan Refugee Fund. A plan being pushed by Colonel North and others at the National Security Council called for the White House to give corporate leaders a briefing on the situation in Nicaragua and then the group's representatives would ask the CEOs to give money to the fund. The money would be used for humanitarian aid and to wage a publicity campaign in the US against the Sandinista regime.

Roberts objected. In a Jan. 11, 1985, memo, he wrote: "I recommend stopping any White House involvement in this effort." The White House generally does not lend its name to private fundraising, he wrote. "The corporate CEOs would doubtless view the solicitation from the 'private' organization as having official backing if they learn about it at a White House briefing," the memo said.

But that wasn't the last word. After a week of internal appeals, Roberts reversed his position. Supporters of the effort argued that White House fundraising policy would not be violated, because solicitations would occur after the briefing at a reception at the Hay-Adams Hotel, a block from the White House.

"I suppose we could permit the briefing to take place," Roberts wrote on Jan. 18, 1985. "But I think [this] 'Chinese wall' argument is a bit artificial."

The "Chinese wall" concession is important because it established the briefing-solicitation process that North later used to raise funds from private individuals to pay for contra weapons. Those soliciting the funds on North's behalf later pled guilty to violating US tax laws for claiming the donations were tax-free.

In early 1986, Roberts wrote a series of memos on private fundraising. The plan was as in 1985: provide a White House briefing for wealthy administration supporters, then take them to the Hay-Adams and ask for money.

"I see no legal bars to the contemplated briefing," Roberts wrote in January 1986.

Roberts's memos suggest he was unaware that the money was being used by North and others in the administration to arm the contras. White House officials were told the money was for a "public awareness" campaign in the US by a private group that supported Reagan's position on Central America.

The White House briefings and Reagan's drop-bys were used to boost the private fundraising effort. Those preparing Reagan's fundraising pitches to would-be donors often went too far, in Roberts's view.

One proposed draft of Reagan remarks said: "I ask you - and I ask private citizens throughout the country - to give private donations to the freedom fighter cause. Help them survive this Soviet-Cuban-supplied onslaught. Help these brave freedom fighters last out until American aid can reach them."

After reviewing the draft, Roberts fired off a memo. "The final paragraph on page 3 raises serious concerns under the Neutrality Act," he wrote March 20, 1986. Private citizens who contribute money to buy arms for use against a country with which the US is not at war would be violating federal law and be subject to a fine and prison term, he said.

"The president cannot encourage private citizens to engage in such activity," Roberts wrote. "The reference to private donations must either be deleted or revised to make clear that only donations for humanitarian aid (not covered by the Neutrality Act) are encouraged."

The comments were toned down, but, apparently unknown to Roberts, the donations secretly continued to flow to the contras for weapons.

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