U.S., Lawyers Shun Noriega Plea Bargain

WASHINGTON--President Bush's national security adviser and an attorney for Manuel Noriega said yesterday they did not know what if any sensitive U.S. documents could aid the fallen dictator's defense against drug charges, but the lawyer ruled out plea bargaining to prevent their exposure.

"The government chose to bring General Noriega to trial and they shall have their trial," said Frank Rubino, one of several attorneys defending the former Panamanian ruler against U.S. indictments in Miami.

He said he would "absolutely not" plea bargain. Such action normally results in a guilty plea to lesser charges in exchange for information the government can use in other cases.

A plea bargain would prevent a trial and possible release of documents sensitive to national security or embarrassing to the government. The potential threat of documents being released could hamper U.S. prosecutors.

Last week, President Bush refused to rule out a plea bargain, although one of his aides indicated yesterday the administration was comfortable with the idea of a trial.

White House chief of staff John Sununu, appearing on CBS-TV's "Face the Nation," said the administration wants to make sure Noriega gets a fair trial.

"We ought not to do anything that creates a different category for the defendant once he enters the judicial system," Sununu said in response to a question about plea bargaining.

Rubino, appearing on ABC-TV's "This Week With David Brinkley," said he had not started looking for federal records of U.S. involvement with Noriega that would clear his client, saying it would be "speculation" to discuss what might exist.

"One thing I have never done in 16 years of practicing law is to guess what may happen," he said.

National Security Adviser Brent Scowcroft, also on the ABC program, said the government would not try to block release of documents simply because they could be embarrassing to the White House.

But he said he didn't know if any documents existed relevant to the case that might be injurious to national security.

"As far as I know there aren't any," said Scowcroft. "You had the attorney general saying he didn't anticipate any problems of that character. I don't know whether the files have been searched to the ultimate."

He emphasized that the case against Noriega was based on drug trafficking.

"That's a fairly narrow part of his whole relationship with the United States," said Scowcroft.

Noriega began providing intelligence information about Latin America to the U.S. government in the 1950s, while a student at the military academy in Peru.

Questions about his drug dealing began while Richard Nixon was president and have arisen repeatedly through both Republican and Democratic administrations ever since.

However, Noriega's usefulness as an intelligence source always appeared to overshadow the suspected drug dealing and no action was taken until the recent indictments.

Rubino said he would argue the case should be dismissed on grounds that Noriega could not get a fair trial in the United States.

"Pretrial publicity is amazing in the amount," the attorney said. "Not only the amount but the type of publicity.

"The president of the United States said he was a thug and purveyor of drugs to children," Rubino said. "Obviously, how can someone strike that from their mind and give this man a fair trial?"

Rubino said he also would argue that the case should be dismissed because Noriega was "maximum leader" of Panama when he was seized and therefore should be immune from U.S. prosecution as a head of state in a foreign country.

As for possible similar use of U.S. force against other unfriendly leaders in other countries, Scowcroft said Panama was unique.

"I would not say this is a precedent for any other action," he said. "I would not draw conclusions from it."

Deputy Secretary of State Lawrence Eagleburger concurred when asked on NBC-TV's "Meet the Press" about possible similar action against Nicaraguan President Daniel Ortega.