Contra Aid Fundamentals: Exploring the Intricacies and the Issues Author(s): Richard Sobel Source: Political Science Quarterly, Vol. 110, No. 2 (Summer, 1995), pp. 287-306 Published by: The Academy of Political Science Stable URL: http://www.jstor.org/stable/2152363 . Accessed: 13/05/2013 14:32 Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp . JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. . The Academy of Political Science is collaborating with JSTOR to digitize, preserve and extend access to Political Science Quarterly. http://www.jstor.org This content downloaded from 170.24.130.66 on Mon, 13 May 2013 14:32:51 PM All use subject to JSTOR Terms and Conditions Exploring ContraAid Fundamentals: the Intricaciesand the Issues RICHARD SOBEL As a foundationfor understandingand evaluatingthe policies of the Reagan administrationon fundingthe contraoppositionto the Sandinista governmentin Nicaragua,thisexaminationclarifiesthe basicfactualbackground surroundingthe provisionof aid to the contrasduringthe 1980s. In particular, thearticleidentifiesfrompublicinformationhow muchaidthe U. S. government, thirdcountries,privatedonors,andarmssalesprovidedto thecontras.Inaddition, it indicatesthe periodsduringwhich outsidefunds sustainedthe contraswhen U.S. fundingwasunavailable.It also explainsat whatpointsduringthoseperiods fundsto the contrasmay have conflictedwith the legislativerestrictionsknown as the Bolandamendments.' Because the public record is often incompleteand the events are complex andopen to differinginterpretations,these answersare provisional.Since much of the informationon nongovernmentalaid is impreciseor contradictory,the articlecannotfullyclarifyquestionssuchas theexactamountof fundsthatreached the contras from arms sales to Iran or how much aid came from additional miscellaneoussources.Becausethe contrasreceivedless moneythannongovernmentalsources contributedas aid, each answermust distinguishbetweenhow mucha particularsourceprovidedandhow muchthecontrasapparentlyobtained. 1 While clarifyingthe basic issues aboutfundingthe contras,this articlealso identifieswhen shipments of arms to Iran occurred, the amounts of money they generated, and the diversion of profits to the contras. But it does not discuss the details of the contactsbetween the U.S. and Iran or the 1986-1987 Iran-contra scandal. For more details, see Daniel K. Inouye and Lee K. Hamilton, Report of the CongressionalCommitteesInvestigatingthe Iran-contraAffairs(WithMinorityViews),abridgedversion (New York: Times Books, 1988). RICHARD SOBEL teaches political history and is a faculty associate of the Center of International Studies at Princeton University. His most recent book is Public Opinion and U.S. Foreign Policy: The Controversy Over Contra Aid. Political Science Quarterly Volume 110 Number 2 1995 This content downloaded from 170.24.130.66 on Mon, 13 May 2013 14:32:51 PM All use subject to JSTOR Terms and Conditions 287 288 | POLITICAL SCIENCE QUARTERLY A clearunderstanding of the factualbackgroundprovidesthe basisfor evaluatingpoliciesduringthe 1980s. The contrarebelswere createdin the early 1980s from the old Nicaraguannationalguardand otheroppositiongroupswith U.S. financialandtechnicalsupport.They soughtto dislodgethe Sandinistagovernmentthatcameto powerin the 1979revolutionoverthrowingthe Somozaregime. Comparedto otherdefense-relatedexpenditures,U.S. governmentfundingfor the contraswas modestin size. AlthoughbothprivatecontributionsfromAmericans andprofitsfromarmssales to Iranreceivedmajorpublicity,only contributionsfromthirdcountrieswere significantin helpingto sustainthe contrasfmanciallywhenU.S. governmentfundingwasunavailable.ThoughthesecondBoland amendment(BolandII), one of a series of legislativerestrictionson U.S. aid to the contras,was in effect duringperiodswhen the contraswere receivingnonU. S. governmentmilitaryaid, theapplicabilityof therestrictionsto somenongovof thecircumstances.Whilerelatively erinent fundingdependson interpretations modest, U.S. governmentfundingof the contrascontributedto the demise of the Sandinistas.In terms of policy goals and legitimacy, the controversyand scandaloverextra-governmental contraaidmadesuchfundinga poorinvestment and a dubiousmeans of attainingU.S. governmentaims.2 QUESTIONS ON SOURCES, AMOUNTS, AND TIMING OF FUNDING The most straightforward questioninvolvesthe amountsand sourcesof funding to the contras.How muchaid did the UnitedStatesgovernmentandotherparties provideforthecontras,andhow muchof thataiddidthecontrasactuallyreceive? Theanswerdistinguishesbetweenaidfromthe U. S. government,thirdcountries, privatedonors, and arms sales to Iran. Morecomplexquestionsinvolvethe timingof the fundingandpossibleconflicts with the fundamentalrestrictionsin the Bolandamendments.Whendid the contrashave fundsand when did they lack financialsupport?For whatperiods didthe U.S. governmentauthorizeaid?Duringwhatperiodsdid the government providethe authorizedfunds?When duringthe authorizationperiodsdid funds runout?Werenongovernmental fundsprovidedduringperiodswhenthe Boland amendmentswere in effect, anddid those fundsconflictwiththe Bolandrestrictions? U.S. GovernmentFunding How muchaid did the U.S. governmentprovidefor the contras?Between 1981 and 1990 (fiscal years 1982-90), the U.S. governmentappropriateda total of 2 For an overview of the issues and politics surroundingU.S. aid to the Nicaraguancontras,esp. see CynthiaArnson, Crossroads:Congress,the ReaganAdministration,and CentralAmerica,2nd ed. (UniversityPark:Penn StateUniversityPress, 1993); andRichardSobel, ed., Public Opinionin U.S. Foreign Policy: The ControversyOver ContraAid (Lanham,MD: Rowman& Littlefield, 1993), esp. William LeoGrande,"TheControversyOver ContraAid, 1981-90: An Overview,"chap. 2 and RobertPastor, "TheWar Between the Branches:ExplainingU.S. Policy TowardNicaragua, 1979-89," chap. 11. This content downloaded from 170.24.130.66 on Mon, 13 May 2013 14:32:51 PM All use subject to JSTOR Terms and Conditions CONTRA AID FUNDAMENTALS | 289 TABLE 1 U.S. Assistance to the Anti-Sandinista Guerrillas Approved by Congress Fiscal Years 1982-1989 (in millions of US$) Fiscal Year 1982 1983 1984 1985-86 1986 1987 1988 Oct. 1-Dec. 21 Dec. 22-Feb. 29 Apr. 1-Sept. 30 1989 Oct. 1-Mar. 30 1989-1990 Apr. 18-Feb. 28 Total Nonlethal 19.0 29.0 24.0 27.0 13.0 100.0 27.0 13.0 30.0 7.1 8.1 17.7 7.1 8.1 17.7 27.0 27.0 Military 19.0 29.0 24.0 70.0 - 49.75 49.75 321.65 179.65 _ 142.0 Source: Nina Serafino, 'Contra Aid:Summary and Chronologyof MajorCongressional Actions"(Washington,DC:CongressionalResearch Services, 1989), 17. $322 million for contraaid. About $142 million was for militarypurposesand $179 millionfor nonmilitarypurposes.3As Table 1 shows, for fiscal years 1982 through1990, respectively,the U.S. governmentprovidedforthecontras(FY82) $19 million(military),(FY83) $29 million(military),(FY84) $24 million(military), (FY85-86) $27 million (nonmilitary),(FY86) $13 million (nonmilitary), (FY87) $100 million ($70 military, $30 nonmilitary),(FY88) $32.9 million4 (nonmilitary),(FY89) $27 million(nonmilitary),and(FY90) $49.8 million(nonmilitary).The (FY85-86) $27 million and (FY87) $100 million were the most prominentlydebatedcontraaid measures.5The contrasapparentlyreceivedall 3Nina Serafino, "ContraAid: Summaryand Chronology of Major CongressionalActions, 198189" (Washington, DC: Congressional Research Services, 1989), table 1. 4 The FY 1988 funds involved three different appropriationsof $7.1 million, $8.1 million, and $17.1 million. See Serafino, "ContraAid," table 1. S The first two allocations (FY82, $19 million and FY83, $29 million) were classified expenditures reprogrammedfrom CIA or DOD funds and not directly voted on by the Congress for these purposes (Serafino, "ContraAid," table 1). All the other allocations were voted by the Congress, though not all were recorded votes. Prior to FY85, the contras received mainly military funds from the U.S. except for $70 million government.After FY85, the U.S. funds were all nonmilitary("humanitarian") of the $100 million in FY85-86. The contrasmay have gotten more than the $24 million limit in CIA funds in 1984 authorizedin the 1983 legislation; see Joy Hackel and Daniel Seigel, In Contemptof Congress (Washington,DC: Institutefor Policy Studies, 1987), 80-81. The $27 million humanitarian aid for 1985 could not be fully accountedfor (Hackel and Seigel, In Contemptof Congress, 30-34), and part of it may have been spent for military purposes. The $13 million in FY86 was a classified expenditurefor intelligence and communicationswhich might have had militaryapplications(Serafmo, "ContraAid," table 1. See Serafmo, "ContraAid" and 10-14 here for authorizationperiods.) This content downloaded from 170.24.130.66 on Mon, 13 May 2013 14:32:51 PM All use subject to JSTOR Terms and Conditions 290 | POLITICAL SCIENCE QUARTERLY the $322 million U.S. appropriatedaid.6 Third CountryAid Howmuchassistancedidthirdparties(thirdcountriesandprivatedonors)provide for the contras,andhow muchof thataid did the contrasreceive?In total, third partiesgave the contrasabout$54 million:thirdcountriesprovided$44 million and private donors about $10 million. Among third countries, Saudi Arabia ("Country2")was by far the largestdonor. FromJune/July1984 throughabout March1986, SaudiArabiaprovided$32 millionin a seriesof donations.7In late 1985andearly 1986, Taiwan("Country3")donated$2 millionin "humanitarian" aid.8In August 1986, the sultanof Bruneigave $10 million for "humanitarian" aid, but thatmoneydid not reachthe contras,becausethe fundswere deposited in the wrong Swiss bank account.9Thus, duringthe 1984-1986 period, third countries'0gave $44 ($32, $2, $10) million for the contras, but the contras received at most $34 ($32, $2, $0) million.1' 6 For details, see KaffirynRoth and Richard Sobel, "Chronologyof Events and Public Opinion," chap. 1; andWilliamLeoGrande,"TheControversyover ContraAid, 1981-90: A HistoricalNarrative," chap. 2 in Sobel, Public Opinion in U.S. Foreign Policy. I Inouye and Hamilton, Report, 55, 114-115. 8 Ibid., 54, 67. 9 Ibid., 316. Before assisting in the 1985 arms transactions,Israel may have provided $4-5 million in 1984. See Alfonso Chardy, "Israel, Honduras, Argentina Help Replace Aid from U.S.," Miami Herald, 9 September 1984, after the FY83 $24 million allocation ran out in May 1984. Israel may also have provided several million dollars in equipment in 1984 (Armstrong, The Chronology, 54). Former PanamanianPresidentManuel Noriega may have provided $100,000 for the contrasand permitted contra training in Panama. Walter S. Mossberg, "While Noriega May Have Some Secrets to Disclose, His Testimony Isn't Likely to Cause Bush Trouble,"Wall Street Journal, 17 January1990; "HousePanel Reports Finding No CIA Link with Thrift Failures," WallStreetJournal, 24 December 1990; Peter Truell, "CIA Gave 'Several Hundred Reports'about BCCI to Other Federal Agencies," Wall Street Journal, 28 October 1991. 10FormerNationalSecurityAdviser RobertMcFarlanesolicitedthe first SaudiArabiancontribution of $8 million in May 1984 and the second contributionof $24 million in February 1985 (Inouye and Hamilton, Report, 48, 52, 54-55). Former Assistant Secretaryof State Elliott Abrams requestedbut lost the Brunei contributionof $10 million in August 1986 in a belatedly acknowledged solicitation (Inouye and Hamilton, Report, 76, 316). But the money was sent to the wrong Swiss bank account and never reached the contras; see Elliott Abrams, Undue Process (New York: Free Press, 1993), 89-90. 11Thirdcountriesalso contributedin kind, particularlyby providingarms for the contras. Argentina originally helped develop the contras in 1980-1982 (Inouye and Hamilton, Report, 38), but U.S. supportof Britain in the spring 1982 FaLldands/Malvinas war led to Argentina'sstopping their help for the contras. Hondurasmay have supplied the contras from their own U.S.-provided arms. Israel provided the first two shipments of TOW missiles to Iran in August-September 1985 and the first shipmentof HAWK missiles in November 1985. In effect, these were Israeli advances, since the TOW shipmentswere replenishedby the United States in May 1986. See, for example, John Tower, The Tower CommissionReport (New York: Times Books, 1987), 438-441. All but one of the HAWKS were returned. This content downloaded from 170.24.130.66 on Mon, 13 May 2013 14:32:51 PM All use subject to JSTOR Terms and Conditions CONTRA AID FUNDAMENTALS | 291 Private Donors From June 1985 throughMarch 1986, private donors providedanother$10 million.'2Only $4.5 millionwas spenton the contras,however.And only about $2.7 millionof thatactuallyreachedthecontras,sincethe remaining$1.8 million was paid for politicaladvertising,lobbying,and otheractivitieson the contras' behalfin the UnitedStates.13In sum, thirdcountriesandprivatepartiesprovided about$54 ($32, $2, $10, $10) million, of whichthe contrasreceivedabout$36.5 ($32, $4.5) million. Arms Sales Diversions How much moneydid the diversionof profits (residuals)from U.S. arms sales to Iranduringlate 1985 to late 1986 producefor the contras,and how muchof that did the contrasreceive? In the 25 November 1986 announcementof the diversions,formerU.S. AttorneyGeneralEdwinMeese estimatedthatthe residuals may have produced$10 to $30 million for the contras, but subsequent estimateswere lower.'4In early 1987, the reportof the Tower Commission,a group set up by PresidentRonaldReaganto investigatethe NationalSecurity Councilprocess andthe Iran-contrascandal,suggestedthatthe arms sales producedabout$19.8 millionforpotentialdiversion.'5 Inlate 1987,thejointcongrescommitteeestimatedthatthelastfourof six armssalesproduced sionalIran-contra $16.1 in profits.'6Of the $16.1 million from the arms sales, the contrasonly received about$3.8 million from November 1985 to November 1986.17 12 Inouye and Hamilton, Report, 93-99. The private donors were solicited by National Security Council aide Oliver North and other fundraisersfrom the National Endowment for the Preservation of Liberty(NEPL), (ibid., 93ff). The $10 million included$5.37 million donatedby two elderly widows from 1985 to 1987 (ibid., 97-99, 103). 13 Ibid., 99-100. 14 RichardJ. Meislin, "46%ApproveReagan'sWork, Down21 Points,"New YorkTimes,2 December 1986. 15 Tower, TheTowerCommissionReport, 180-185. See also ScottArmstronget al., TheChronology: TheDocumentedDay-By-DayAccount of the Secret MilitaryAssistance to Iran and the Contras(New York: WarnerBooks, 1987), 161-162. 16 Inouyeand Hamilton,Report, 297, 302. The armssales to Iranproduced$31.3 million in revenues to pay for $15.2 million worth of arms and related costs (ibid., 300), producing the $16.1 million surplus(ibid., 307). Adding congressionalIran-contracommittee figures for profits ($4 million) from the first two arms sales to the Tower Commissionfigures producesan estimate of profits of $20 million. The "Enterprise"set up to supply arms to the contrasreceived $48 million (ibid., 297), including the $31.3 million from Iran-armsales, and spent $35.8 million, including $15.2 million for contra arms (ibid., 300). This left a surplus of $12.2 million (ibid., 307). (See note 40 for the distributionof the $12.2 million.) Of the $15.2 million spent on contra arms, $7.2 million was spent during the period of arms sales profits diversions (November 1985-November 1986). About $3.4 million of that $7.2 million came from donationsfor the contras, so an estimated $3.8 million came from arms sales profit (ibid., 307, 438). 17 Ibid., 307, 438. This content downloaded from 170.24.130.66 on Mon, 13 May 2013 14:32:51 PM All use subject to JSTOR Terms and Conditions 292 | POLITICAL SCIENCE QUARTERLY Becauseof the complexityof the process, a chronologicalreviewof the arms shipmentsandpaymentshelpsto clarifythe timingandthe sumsinvolved.There were six different shipmentsto Iran (seven counting separatelytwo spring/ summer1986 shipmentsof parts). First, on 20 August 1985, Israel delivered ninety-sixof its TOWs antitankmissiles to Iran.'8Second, on 14 September 1985, Israeldeliveredanother408 of its TOWsto Iran.'9Third,on 25 November 1985, a CIAproprietarycompanydeliveredto Iran 18 (of a planned120) Israeli HAWKantiaircraftmissiles.20Fourth,on 17 February1986, andon 27 February 1986, respectively,the CIA proprietarycompanydelivered 1000 (500 + 500) more TOWs (andpickedup seventeenof eighteenHAWKSrejectedby Iranas obsolete).2'Fifth, on 25 May 1986, and on 4 August 1986, the CIA delivered 240 HAWKspareparts.22Finally, on 30/31 October1986, the CIA proprietary delivered500 more TOWs.23In total, the six shipmentsprovided2004 TOWs, 18 HAWKs, and 240 HAWKparts. How muchprofitdid the armssales produce,andhow muchdid the contras receive? Relying mainly on congressionalIran-contracommitteefigures, but drawingon Tower Commissionfiguresas needed,24the profitscan be estimated by comparingwhatIranpaidfor the missiles with their U.S. dollarvalue. Since the policy of divertingresidualswas not developeduntil early 1986, any profits fromthe first three shipmentswere not plannedto be sent to the contras,while those from the last three were partof the programto aid the contras. For the firsttwo TOWshipments,the TowerReportestimatedthatIranpaid $1.2 millionfor the initial (S1) 100 (actually96) TOWs, and $5 million for the next (S2) 408 TOWs, for a total cost of about $6.2 million.25The 508 (504) (S1 + S2) TOWshad a U.S. value of about$2 million, so the profitwas $4.2 ($6.2 - $2) million.26(But thatprofitwas not divertedto the contrasandwent insteadto arms merchants.)27 AlthoughIranoriginallypaid $5 million in No18 Ibid., 151. 19Ibid., 151. On 4 May 1986, the U.S. replenished the 504 TOWs provided by Israel in August and September1985. The 25 May 1986 delivery, accompaniedby RobertMcFarlaneand Oliver North, supposedlyincluded a cake and a Bible signed by Ronald Reagan; see Armstrong, The Chronology, 380. 20 Ibid., 164-65. 21 Ibid., 190, 192. 22 Ibid., 209, 216. 23 Tower, The Tower CommissionReport, 408. 24 The Tower Committee provided figures for the first two sales, whose costs were not estimated by the congressional Iran-contra report. (The profits apparentlywent to the arms dealers.) Because the congressionalreportcame out in 1988 after the Tower Reportin 1987 and was based on extensive public and private hearings, its figures are considered more reliable. 25 Tower, The Tower CommissionReport, 174-77. 26 Ibid., 52, 161-62. 27 These figures suggest sales prices of about $10-$12,000 per TOW. TOWs normally cost about $6000 each, which appears (ibid., 186) to be what their U.S. dollar value was. Apparently, North would have accepted older ones costing $3400 for delivery to the Iranians (Inouye and Hamilton, Report, 187-88). This content downloaded from 170.24.130.66 on Mon, 13 May 2013 14:32:51 PM All use subject to JSTOR Terms and Conditions CONTRAAID FUNDAMENTALS| 293 vember 1985 for the eighteenHAWKs (S3),28there was no completedsale to produceany profit, because the Iraniansreturnedseventeenof the missiles as unsatisfactoryaftertest-firingone. However,becauseIsraeladvanced$1 million, of which only about$150,000 was spent on the abortivesale, and the rest was not returned,the thirdtransactionproduced$850,000, some of which was used for the contras.29 The last threeshipments(S4-S6), all in 1986, involvedplanneddiversions. For the 1000 TOWs (S4) in February1986, Iran paid about $10 million for missiles worth $4.5 million, producingat least a $5.5 million profit.30(Tower figures: $10 million - $3.7 million = $6.3 million; 444 445). For the 240 HAWK parts (S5) in May and August 1986, Iran paid $15 million for $6.7 millionworthof weapons,producinga $8.3 millionprofit.3'(Tower:$15 million - $6.5 million = $8.5 million; 446). For the last 500 TOWs (S6) in October 1986, Iranpaid $3.6 million for $2.2 million worthof arms, producinga $1.4 millionprofit.32(Tower:$7 million- $2 million = $5 mllion, 448). The total paymentsfor the last three shipments(S4-S6) were $28.6 million ($10 million + $15 million + $3.6 million) [Tower: $32 million] for $13.4 million ($4.5 million+ 6.7 million+ $2.2 million)[Tower:$12.2] millionworthof equipment. These last three sales produceda profit of $15.2 million ($5.5 million + $8.3 million + $1.4 million).33(Towertotal: $19.8 million, 448). Combining the $850,000 residualfromthe (S3) HAWKtransactionswith the $15.2 million ($19.8 million) producesa total profit of about$16.1 million ($20.6 million). Addingthe $4.2 millionprofitfromthe firsttwo sales (S1 + S2) of 504 missiles producesa total profit of about$20.3 million (Tower: $24.8 million).34Table 2 providesa summaryof the sales and fundsinvolved. In short, the six shipmentsof arms to Iran producedas much as $25 million, at least $16. 1 millionof whichcouldpotentiallybe divertedfor the contras. Whenthe Iranarmssales operationwas exposedandstoppedin late 1986, however, less thana quarterof the $16. 1 millionin residualshad been spenton the contras:35 accordingto the congressionalreport,the contrasonly receivedabout 28 Tower, The Tower CommissionReport, 442-443. Inouye and Hamilton, Report, 159, 234, 302. 30 Ibid., 302. 31 Ibid., 302-304. 29 32 Ibid., 304. Ibid., 302-304. 3 The congressional report estimates a total profit of $16.1 million (Inouye and Hamilton, Report, 238, 304), based on $15.2 million for the last three arms sales plus $850,000 for the third. The Tower Reports estimates $19.8 million profit from the last three arms sales, but it does not add in the profit from the first two ($4 million), or mention the $850,000 from the abortedthird sale. 35 What the contras actually spent in any year on fighting the Sandinistasis also difficult to say. A 1 April 1985 memo from Oliver North to Robert McFarlane estimated that during the ten months between July 1984 and April 1985, a period when there was no U.S. funding, $17.1 million had been expended for military supplies and operations (Tower, The Tower CommissionReport, 458). At that rate, the contras would have spent about $20 million for that year (see note 38). 33 This content downloaded from 170.24.130.66 on Mon, 13 May 2013 14:32:51 PM All use subject to JSTOR Terms and Conditions 294 | POLITICAL SCIENCE QUARTERLY TABLE 2 Residuals GeneratedfromArmSales to Iran, 1985-1986 Quantityand Type Shipment/Date S1 8/20/85 S2 9/14/85 S3 11/25/85 96 TOWs 408 TOWs 18 HAWKs S4 2/17 & 2/27/86 S5 5/25 & 8/4/86 S6 10/30-3/1/86 Total S4-S6 Total S3-S6 Total S1-S6 1000 TOWs 240 HAWKparts 500 TOWs Cost to Iran $1.2 m $5 m $5 m ($1 m) $10 m $15 m $3.6 m $28.6 m $29.6 m $35.8 m Cost to U.S. Residual (Iran-U.S.) $2 m $4.2 m $0.15 m $4.5 m $6.7 m $2.2 m $0.85 m $5.5 m $8.3 m $1.4 m $13.4 m $13.5 m $15.5 m $15.2 m $16.1 m $20.3 m m = millions of U.S. dollars. Source: John Tower, The TowerCommission Report(New York:Times Books, 1987); Daniel K. Inouye and Lee K. Hamilton,Reportof the Congressional CommitteesInvestigatingthe Iran-Contra Affairs(with minorityviews), abridged version (New York:Times Books, 1988). Thatfigureis basedon congres$3.8 millionof the $16.1 millionin residuals.36 sional Iran-contraCommitteebudget analysis that the so-called Enterprise,a fundingmechanismset up to supply arms to the contras,37spent $7.2 million on contraarms38duringthe diversionperiod of November 1985 to November 1986. Privateand third countrydonationsproduced$3.4 million of the $7.2 million for the contras.39The committeeconcludedthatthe other $3.8 million ($7.2 - $3.4 million) came from the $16.1 million of divertedIranianarms sales profits.40 36 Inouye and Hamilton, Report, 307, 438. In a 4 April 1986 memo, North estimatedthat "residual funds"from Iran arms sales total about $12 million (ibid., xxi; Armstrong, The Chronology, 327). Adolfo Calero originally claimed the contras only received $300,000-500,000 in 1986 (ibid., 595), but later mentioned $18 million in arms (ibid., 652); Alfonso Robelo claimed the contras got $7.5 million from the arms sale during the congressional ban period (ibid., 625). 37 Ibid., chap. 21. The Enterprise, or Project Democracy, was a nominally private organization, but in realityan armof the NationalSecurityCouncil stafffor financingandconductingcovert operations in Nicaragua (Inouye and Hamilton, Report, 63). 38 It is not clear how much money the contras needed to operate. The total for 1984 through 1986 alone ($83-97 million, or roughly $28-33 million per year) received was "nearlytwice what they needed for the war effort"(Armstrong, The Chronology, 657). In April 1985, the 10,000 plus (ibid., 42) contras needed about half a million dollars a month to operate (Armstrong, The Chronology,96) at their currentlevels, or roughly $6 million a year. Even at twice that rate ($12 million), the troops seemed amply funded, though equipmentcosts could easily have made up the difference. On the other hand, the complete exhaustion of the $24 million appropriatedin FY83 in the six months between November 1983 and May 1984 suggested a rate of about $48 million per year. 39 Inouye and Hamilton, Report, 297. 40 Ibid., 293, 307, 436. Of the $12.3 million difference between the $16.1 million in residuals the armssales producedandthe $3.8 million received by the contras,$4.4 million was paid as commissions, $2.2 million for personaluse, and $5.6 million remained in their bank account (and might have been spent on the contras if the diversion had not become public). This content downloaded from 170.24.130.66 on Mon, 13 May 2013 14:32:51 PM All use subject to JSTOR Terms and Conditions CONTRA AID FUNDAMENTALS | 295 TABLE 3 Amounts and Periods of U.S. and Private Aid to the Contras, 1983-88 L Jfmamjjasond ) =00 GOVERNMENT() fmamjjasond framjao- ($29) $15 4....00 No USG(5) Boland ~~($40) =A Bans ) All U.S dllrs THIRDCOUNTRIES $24 Saudi Arabia No allocation for . (... Taiwan .. (p Brunei PRIVATEDONORS( ARM SALES B $2 -- -- $0- $(85 m o re a Jfma ... =January, February, etc. Period of authorization. =Period of expenditure. $ = Aid in milliions of U.S. dollars. ?= Unclear or unknown. 0 = No allocations for the year. In full, thirdcountries($44 million), privatedonors($10 million), and arm sales profits ($16-$25 million) producedabout$70-80 million for the contras. But the contrasonly receivednet about$40 ($32, $4.5, $3.8) million. That$40 million, whichthe contrasreceivedfromnon-U.S. governmentalsourcesduring for FY851984 to 1986, was roughlyequivalentto whatCongressappropriated 86 in nonlethalfunding($27 million + $13 million). TIMINGAND THEBOLANDAMENDMENTS Regarding issues of timing and legal restrictions, when did the contras receive non-U.S. government aid, when did they lack it, and when did any of the aid occur during the periods of Boland amendment restrictions? Specifically, did the contras receive non-U.S. government aid in late-1984 to late-1985 to bridge the gap during the first period41after U.S. government funds were exhausted (May 1984) and Boland II prohibited additional U.S. funding (14 October 1984-30 4' Ibid., 52. This content downloaded from 170.24.130.66 on Mon, 13 May 2013 14:32:51 PM All use subject to JSTOR Terms and Conditions 296 | POLITICALSCIENCE QUARTERLY September1985)? Did they get any covert or lethalaid duringthe late 1985 to 1986 period(19 November1985-30 September1986) when an extensionof the centralBolandamendment(BolandII) bannedall but nonmilitaryaid?42Table 3 indicatesthe periodof authorizationfor U.S. funds, the periodsof the Boland bans, and the periodswithoutfunding. In addition,did the contrasreceive any militaryfunds to bridge a second gap periodin mid-198643betweenthe end of the authorizationsof the FY85-86 $27 million nonmilitaryappropriationon 31 March 1986 (the classified $13 million began in December 1985) and the beginningof the FY87 $100 million on 18 October1986? The first bridge period without U.S. funds-lasted about eighteen months between spring 1984 and fall 1985 (May 1984-December 1985). The FY84 authorization allocatedin December1983 was limitedto $24 million,andthough scheduledto expire on 30 September1984, actuallyran out by May or Juneof 1984;4"this was after an expeditedattemptfor a supplemental$21 million for the rest of FY84 failed in February1984. Thus, the $24 million FY84 U.S. allocationto the contrasranout five monthsbeforethe beginningof the FY 1985 BolandII banof militaryfundsfor the contrasbeganon 12 October1984 (ending on 30 September1985).45No U.S. funds were authorizedor availableduring the rest of 1984 after May and most of 1985 until the FY85-86 allocationof $27 million(authorizedfor 15 August 1985 through31 March1986but delayed to the end of 1985 by a series of continuingresolutions)became availableon 19 December 1985.46At the same point, the additionalclassified $13 million (PL 99-169) was allocatedfor communicationsand trainingfor FY86 (ending 42 and otherpassed(or proposed)Boland-like Therewere actuallyseveralBolandamendments restriction on aidfrom1982to 1986(InouyeandHamilton,Report,343-44). ThefirstBolandamendment(passedon 12 December1982)prohibiteduse of fundsfromDecember1982-October1983for overthrowing the Sandinistagovernment.In 1983 those restrictionscontinuedand the law limited (Serafino,"ContraAid,"1). In October1984, FY84 aid to $24 millionto preventCIA supplements the secondBolandamendment (BolandII) cut off all aid by restrictingDODandCIA"orany other . . . militaryoperationsin Nicaragua" ... entity"of the U.S. Government from"supporting (Inouye 1985,extended lethalaid(14October1984-30September andHamilton, Report,414)orfromproviding to seekreleaseof $14millionin funding to 19November1985).Butthelawallowedtheadministration in February1985. The $27 millionin nonlethalaid authorizedin 15 August1985modifiedthe ban fromall fundingto only military.Therenewalof BolandII on 19 November1985extendedthe ban on militaryaid untillate 1986(19 November1985-30 September1986). However,it allowedState aid. In short,militaryaidwas restrictedfrom solicitationof thirdcountry"humanitarian" Department December1982to September1984,andbannedfromOctober1984to November1986undervarious Boland-likerestrictions.Nonmilitaryaid was bannedonly fromOctober1984to August1985. 4 Tower, The Tower CommissionReport, 52-53. InouyeandHamilton,Report,48; Armstronget al., TheChronology,56. of $27 million,therewas no "humanitarian only"(thatis, 4 Beforethe June 1985 authorization or "nonlethal") solelynonmilitary aid, sinceall the previousaidwas availablefor militarypurposes. aid in thiscontextis questionable sincehumanitarian Moreover,the use of the word"humanitarian" typicallymeansaid to noncombatants. I Armstrong,The Chronology, 66. 4 This content downloaded from 170.24.130.66 on Mon, 13 May 2013 14:32:51 PM All use subject to JSTOR Terms and Conditions CONTRAAID FUNDAMENTALS| 297 30 September1986, thoughperhapsextendingbeyond). Thus, for the eighteen monthsfrom June 1984 to December 1985, the contrashad no U.S. funding, militaryor nonmilitary.From December1985 to June 1986 they receivedonly nonmilitary($27 million + $13 million in U.S. aid). In addition,for the six monthsduringthe second bridge period from June 1986, when that $27 million ran out, until November 1986,47when the $100 millionbeganto flow, the contrasagainhadno U.S. funds, militaryor nonmilitary.48In summary,before(June1984-September1984), during(October1984September1985), and after (October1985-November 1986) the period of the initialBolandban (October1984 to September1985), the contraswere without U.S. allocatedmilitaryfundsfor a totalof over a year anda half duringthe two bridgeperiods (June 1984-December1985; June 1986-November1986). The contras,however, were not withoutmilitaryfundsduringthe two and a half years from May 1984 to November 1986, when U.S. funds ran out or were restrictedby the BolandII ban to nonmilitaryaid. The contrasreceived militaryfunds from third countriesand thirdpartiesduringmost of that first bridge period (June 1984-November 1985). Third country supportbegan in mid-1984, half a year before the FY 1985 Bolandban startedin October1984. FromJuly 1984 to March1986, duringmostof the firstunfundedbridgeperiod, Saudi Arabiacontributed$32 million-$8 million at $1 million a monthfrom July 1984to February1985 and$24 millionat $2 millionpermonthfromMarch 1985to aboutMarch1986.49This helpedto sustainthe contrasmilitarilythrough most of the two and a half year period (June 1984-November 1986) without U.S. militaryfunding.50 Beginningin early 1985 and continuinginto 1986, the privatecontributors networkorganizedin mid-1984 and connectedto the NationalEndowmentfor the Preservationof Libertyandthe Enterprisealso raisedabout$10 millionfor the contras.51Of that$10 million, about$4.5 millionwas spentfor contra-related activities. But only about$2.7 million went for militaryaid, since about$1.8 millionwas spentin the UnitedStateson lobbyingandpublicityfor the contras. The solicitationof privatefundscontinuedinto 1986. on 18 October1986, andthelast $40 47The first$60 millionof the $100 millionwas appropriated ended31 March in March1987.Partof the$27 million,whoseauthorization millionwasappropriated by 1986, continuedto be spentafterMarchsinceit was alreadyin thepipeline.It was supplemented the $13 millionauthorizedin December1985until30 September1986, whichran out by summer 1986. of the$27millionforFY85spring,thecontrassupposedly 4 InJuly1986,followingtheexhaustion went$2.5 millionin debt(Tower, 7he Tower CommissionReport, 341). DuringthatperiodfromJuly untilOctober1986, when$60 millionof the $100 millionwas disbursed,the contrasreceivedonly partof $2.7 millionin privatedonationsand$3.8 millionin armssalesdiversions,andno thirdcountry donations. 49 InouyeandHamilton,Report, 52, 55. 50Ibid., 55. 51 Ibid., 88, 91, 97. This content downloaded from 170.24.130.66 on Mon, 13 May 2013 14:32:51 PM All use subject to JSTOR Terms and Conditions 298 | POLITICALSCIENCE QUARTERLY ARmsSALESPROFITS ANDTHIRD-PARTY DONATIONS DURING PERIODS OF No U.S. FUNDS The Iranianarms sales profits also providedsome funds for the contraswhen U.S. aid was stopped.However, none of the $4 million in profit producedby the firsttwo sales (S1 andS2) of AugustandSeptember1985, whichfell toward the end of the June 1984 to December 1985 period when there were no U.S. funds,went to the contras.The $850,000 producedby the thirdtransaction(S3) in November1985 did go to the contrasslightlybeforethe $27 millionand $13 million in nonmilitaryaid began to flow in December 1985.52 Thus, fromDecember1985 to June 1986, U.S. aid for the contrasconsisted of only those combined$40 million nonmilitaryfunds; and between July and November 1986, again no U.S. funds were availablefor contraaid. The first planneddiversionof armsprofits-as opposedto theunplanned$850,000 residual (S3)-took place with the fourtharms sale (S4) in February1986,53which produced$5.5 millionin profits.The fiftharmssales (S5) in middleto late summer 1986produced$8.3 million54in profit(afterthe $27 millionand $13 millionran out in summer1986). Thusat least $13.8 ($5.5 + $8.3) millionof the residuals from the mid-1986 arms sales (S4 and S5) was availablefor contramilitary suppliesduringthe JunethroughOctober1986 bridgeperiod,when no U.S. aid was available.On30 October1986, thefirst$60 millionof theFY87 $100 million in ($70 million)militaryand($30 million)nonmilitaryaidvotedin summer1986 was allocated(andsupplementedby $40 millionin March1987). A monthlater on 25 November1986, thelast shipment(S6)of 500 TOWsproduced$1.4 million in profit, some of which probablywent for the contras.55 In short, the thirdcountryfunds, privatedonations,and arms sales profits were needed to sustainthe contrasduringthe periods after U.S. government fundsranout in May-June1984. Inparticular,thecontrasneededoutsidemoney, especiallyfor militarysupplies,duringthe periodsof the Bolandbans (October 1984-October1986).WhenthecontraslackedU.S. funds,thirdcountries,private donors, and arms sales providedthem. In sum, duringJune 1984 to December 1985, when there were no U.S. providedfunds, there was $24 million of the $32 million Saudi donationthat produceda significantamountfor contraarms. Duringthe December 1985 to October 1986 period, when the contrashad only nonmilitaryU.S. funds, the last $6 millionin Saudidonations,the $2.7 millionin privatefunding,and$3.8 52 Ibid., 159, 234, 302. 53 Thoughthe $850,000 in November 1985 was apparentlyspenton the contras,the idea of purposely diverting arms sales profits for the contras was evidentally not suggested until late 1985 or early 1986 (Inouye and Hamilton, Report, 117-19, 124, 178, 234-35). 54 Ibid., 302-304. 55 Out of the total $16-20 million profits from S3-S6, the $3.8 million that went to the contras constitutes less than a quarterof the potential funds. This content downloaded from 170.24.130.66 on Mon, 13 May 2013 14:32:51 PM All use subject to JSTOR Terms and Conditions CONTRAAID FUNDAMENTALS| 299 million in arm sales residualsprovidedadditionalfunds for militarypurposes ($12.5 million). U. S. fundsmayhaveservedmilitarypurposes. Moreover,somehumanitarian FromDecember1985 throughJune 1986, withinthe October1984 throughOctober 1986 periodof the BolandII bans, partof $27 millionin nonmilitaryU.S. the fundswas unaccountedfor andmay have been spentfor militarysupplies;56 $13 million was also spentfor quasi-military,intelligence,and communication purposes.57By July 1986, after the Saudi contributionshad ended, however, only part of the $2.7 million in privatedonationsand $3.8 million from arms profitswerestillavailable,andthecontrassupposedlywent$2.5 millionin debt.58 In short, until late 1986, the third-countryaid, arms sales profits, third-party spentU.S.fundsprovidedsome military donations,andpossiblyinappropriately funds afterthe U.S. governmentallocationsran out in spring 1984. In total, from 1981 to 1990, about$400 million in militaryand nonmilitary funds was allocated($322 million) or raised ($70-80 million) for the contras, of which about $360 million reachedthem. While a considerablesum, it is relatively small comparedto the roughly $1 billion in U.S. militaryaid and $2 billion in United Stateseconomic aid duringthe same period to the nearby governmentof El Salvador.59By comparison,during 1986 alone, Soviet bloc aid to Nicaraguawas roughly $580 million.A The $400 million in aid to the contraswas only aboutfive timesthe $75 millionin aidthe Carteradministration approvedforthe Sandinistasin 1980($60 millionwasprovidedbeforetheReagan administrationcut it off).6' Less than half a billion dollarsis not much for the United States;but it is a significantamountwhen directedagainstNicaragua with a gross domesticproductof about$2.6 billion. DONATIONS AND DIVERSIONS DURING THE BOLAND BAN Did thethirdparty(thirdcountryandprivatedonor)fundingthatoccurredduring periodsof BolandrestrictionsconflictwiththeBolandbans?The answerdepends bothon whetherfundingoccurredwithinthe banperiodsandwhetherthe restrictionswere applicableto the specifictypesof funding.BolandII bannedall U.S.relatedaid from 12 October 1984 to 30 September1985, and all militaryaid funding from 1 October1985 to 18 October1986. Someof the nongovernmental (for example,fromSaudiArabiain June 1984)occurredbeforeBolandII started in October1984, andthuscouldnot have initiallyconflictedwithBolandII. The Hackel and Seigel, In Contemptof Congress, 30-34. Serafino, "ContraAid: Summaryand Chronology of Major CongressionalActions," 18. 58 Tower, The Tower CommissionReport, 341. 59 National Journal, 9 September1987, 232-233. The Vietnamwar cost about $29 billion ($29,000 million) in 1969 alone (Congressional Quarterly,26 April 1975, 847). One Stealth bomber used in the Panamainvasion in 1989 cost about $500 million (Facts on File, 1989, 534). 0 Inouye and Hamilton, Report, 411. 61 Cynthia Arnson, Crossroads (New York: PantheonBooks, 1989), 46-47. 56 57 This content downloaded from 170.24.130.66 on Mon, 13 May 2013 14:32:51 PM All use subject to JSTOR Terms and Conditions 300 | POLITICAL SCIENCE QUARTERLY FY85-86 allocationsof $27 million and $13 million in nonmilitaryaid were approved(15 August 1985 and 18 December 1985, respectively)during the periodof the BolandII ban (through30 September1986), buttheirauthorization modifiedthe ban to permitnonmilitaryfunding.Most of the nongovernmental funding, however, includingthird country (June 1984-March 1986), private donor (May 1985-November 1986), and arms sales profits (November1985November1986) occurredafterBolandII beganin October1984 andbeforeits extensionexpiredin October1986. Thus, thirdparty fundingand arms sales occurredduringperiods of the Bolandban. But did they conflict with restrictionsof the Bolandamendments? Beyondtiming, identifyingviolationsof the Bolandban also involves legal and politicalquestions.The key issue is whetherthe ambiguouslywordedban was applicableto thirdparty funds and funds divertedfrom the arms sales.62The BolandII amendmentonly restrictedfunds availableor handledby any U.S. government"entity. . . involvedin intelligenceactivities."Therefore,thirdparty funds given directlyto the contrasor to a privateorganizationfor the contras did not per se conflict with the Boland restrictions.The money that private organizationsraisedin 1985-1986, and the Saudi contributionsof $32 million in 1984-1986 supposedlydid not go to the U.S. governmentbut went directly to the contras.63 Theinitialsolicitationsof Saudidonationsin May 1984andsomeof theprivate donationsoccurredbefore BolandII took effect in October1984; moreover,a December 1985 amendmentto BolandII specificallypermittedadministration solicitationof third countriesfor humanitarianaid,"' for which the sultan of Bruneicontributed$10 million, whichmay havebeen intendedfor militarypuraid and inposes.65Had the Bruneisolicitationsactuallybeen for humanitarian volved no quid pro quo, they would have been legal. Whenpersonnelpaidby theU. S. governmentsolicitedthirdcountryorprivate funds for militarypurposesor handledprivatelycontributedfunds duringthe banperiod,however, these actionsconflictedwith Bolandrestrictionsandother laws. The arms sales diversionof funds beginningwith the November 1985 residualof $850,000 from the third shipment,moreover, occurredduringthe Bolandban period (October1984-October1986) and was partiallyhandledby the CIAandcoordinatedby U.S. governmentpersonnelon the NationalSecurity Council(NSC) staff. Becausethese funds were collected and managedby the NSC staff and thus were "available"to governmentintelligenceagencies (and the NSC was involvedin intelligenceactivity), they conflictedwith the Boland 62 Inouye and Hamilton, Report, 414. Ibid., 48-49, 54-55. On two occasions, Robert McFarlane explained to the Saudi ambassador to the United States that the contras needed funds, for which the Saudis contributed$32 million. McFarlaneclaimed these were not solicited but provided as gifts. 64 Ibid., 315. 65 Ibid., 344. 63 This content downloaded from 170.24.130.66 on Mon, 13 May 2013 14:32:51 PM All use subject to JSTOR Terms and Conditions CONTRA AID FUNDAMENTALS | 301 ban. As violationsof appropriation restrictions,however,theywere not criminal actionsper se.66 The Majorityand MinorityCongressionalIran-ContraCommitteereports differ, however, in their interpretationof whetherthe Bolandban necessarily prohibitedsolicitationor handlingof funds availableto the U.S. government, of theproceduresor laws. Themajority andin theirconstitutionalinterpretations held thatthe ruleof law,67the principleof governmentaccountability,the power of the purse, and specific statutesrequiredthatany money solicitedor spentby U.S. governmententitiesor officials must be appropriatedby the Congress.68 In this view, governmentally-related fundingmechanismscircumventingofficial and thus illegal.69Since the privatefundswere proceduresare unconstitutional solicitedby governmentpersonnelandthe divertedfundswere controlledby and thusavailableto the CIA or NSC, underthe majoritylogic, they were restricted underBolandII. The minorityreport,however, claimedthatthe president'sforeignrelations powers permittedsuch activities, includingsolicitationof third-partymilitary funds.70Even if laws like BolandII prohibitedsuch actions, those restrictions were unconstitutional andthus void becausethe presidenthas the constitutional rightto communicatewiththethirdpartiesto urgethemto makemilitarycontributions to U.S. allies.7' The diversionsthemselves, moreover, would have been legal in this view, if they had followed properproceduresand been sanctioned by a presidentialfinding,an authorizationunderthe Hughes-RyanAct of 1974, whichpermittedproperlyapprovedcovertactivitiesdeemedto be in the national interest.72 Thediversions,however,didnotfollowproperprocedures.Theywereapparently not approvedby the president,since he claimednot to have knownabout them.73The November1985 arms sales (but not the diversionsof profits)were retroactivelyapprovedby presidentialfindingin December1985, andthe 1986 sales were prospectivelyapprovedby a January1986 finding.74Since, however, the presidentapprovedonly the armssales and not the diversions,the minority claim of constitutionalprotectionis moot.75In short,the diversionswere illegal underBolandII even in the minoritylogic. Under the majoritylogic, the Boland II ban prohibitedany solicitationby governmentofficials and the use of arms profits divertedunderNSC guidance 66 Ibid., 356, 414. 67 Ibid., 397. 1% Ibid., 348-349. 69 Ibid., 350. 70 71 72 Ibid., 371ff. Ibid., 391. See also Edwin Meese m, WithReagan: TheInside Story(Washington:Regency Gateway, 1992). 73 Inouye and Hamilton, Report, 377-378. 74Ibid., 436. 75 Ibid., 383, 438. This content downloaded from 170.24.130.66 on Mon, 13 May 2013 14:32:51 PM All use subject to JSTOR Terms and Conditions 302 | POLITICAL SCIENCE QUARTERLY between October1984 and November 1985. It also prohibitedsolicitationsof militaryaid throughNovember 1986, because the requestsand diversionsinvolved monies collected by governmentpersonnelor availableto an entity of the U.S. government.Underthe minoritylogic, however, the third-partyand third-countryprivatefundingof militaryoperationswere not per se restricted by the Bolandban, becauseprivatecitizens can donatefundsand the president had the foreignpolicy powers to solicit such funds.76 In sum, third-partycontributionsandarmssales diversionsdid occurduring the Boland II ban and sustainedthe contraswhen they had no U.S. funds.77 Third-country fundingprovideda significantamountof militaryaid ($34 million) for the contras.Privatedonations($2.7 million) and divertedarmssales profits ($3.8 million) providedlittle ($6.5 million) for militarysupplies. Thoughthe donationsto thecontrasstartedbeforetheBolandrestrictionsbegan, third-country the ban did prohibitthe solicitationof mostprivatedonations,militarycontributionsby thirdcountries,anddiversionsof armssalesprofitsbecauseU.S. government personnelwere involved in the requestsor implementation. POLICY QUESTIONS To this point, the analysis has clarifiedthe details of contra fundingand the Bolandbans in order to providea basis on which to evaluatethe policy itself. The rest of the article explores the debate about U.S. policy on fundingthe contrasandsuggestsprovisionalanswers.Did fundingthe contras,bothby congressionallyappropriatedU.S. aid and outside funds, advanceU.S. interests? Weretheadministration's orextralegalmonies attemptsto findextragovernmental when U.S. governmentfunds were not availableworth the efforts? In short, were the benefits of the policy of supportingthe contrasworththe costs? The answersto these questionsdepend,in largepart, on whetheror not one agrees with the Reagan administration's approachto dealing with Nicaragua. While both the Reaganpolicy and the patternof U.S. interventionshave been this analysisbeginsby examiningReaganpolicies on their widely questioned,78 own termsas administration attemptsto achieve its goals. It then comparesthe administrationapprovalto potentialalternatives.It also looks at some of the widerimplicationsfor democraticgovernanceof the administration's approach. From the Reaganadministration's point of view, U.S. governmentfunding of the contrasand relatedpressurespursuedfour importantpolicy aims:79to rebelsin El Salvador;to prespreventSandinistasupportof the antigovermment 76 Otherlaws (for example, the Anti-Deficiency Act, Arms Export Act, NeutralityActs), including restrictionson tax-exempt donations for nonhumanitarianpurposes (Inouye and Hamilton, Report, 349-352, 381) affected the legality of the private and third country funding. 77 Inouye and Hamilton, Report, 383. 78 RobertPastor, Condemnedto Repetition (Princeton, NJ: Princeton University Press, 1987). See also Arnson, Crossroads. 79 Serafino, "ContraAid," 6-7. This content downloaded from 170.24.130.66 on Mon, 13 May 2013 14:32:51 PM All use subject to JSTOR Terms and Conditions CONTRAAID FUNDAMENTALS| 303 sure the Sandinistasto democratizetheir policies and pluralizetheir economy; to force the Sandinistasto negotiatesecurityarrangementssatisfactoryto the United States and the rest of CentralAmerica;and perhapsto overthrowthe Sandinistaregime.80 The contraaid policies were relativelysuccessfulin pursuingthese goals. The policies helped to cut off Sandinistafundingof the rebels in El Salvador. They also helpedto preventthe Sandinistasfrom consolidatingpower and susandforcedthe Sandinistasto negotiatewiththeoppositainingpopularsupport,8" tion. They also kept the Sandinistasfrom expandinginto the rest of Central Americaandnegotiatinga CentralAmericanpeaceagreement,thoughtheSandinista armydid at one pointcross over into Hondurasin March1988. Ultimately, thoughineffectivemilitarily,aid to the contrascontributedto the Sandinista's electoraldefeatin 1990. Thus,fromtheperspectiveof theReaganadministration, the contraaid policy attainedits goals and was wise and effective. At a relativelylow cost to the U.S. governmentof less than a third of a billion dollars($322 million),82the Reaganadministration sustainedthe contras for nearlya decade. A moderatelevel of third-countrydonations($34 million) anda smallamountof thirdpartysolicitationandarmssalesprofits($6.5 million) filled in duringthe two bridge periods in 1984-1985 and early to late 1986, respectively,when U.S. governmentsupportwas not available.Despite all the perspective,the governmental political controversy,from the administration's fundingand thirdpartysupportwere relativelyinexpensiveand worth the expense. REFLECTIONS Overall,fromthe Reaganpointof view, the publicandprivateaid to the contras, especiallythird-countryassistance,was cost-effectiveandnecessaryto maintain the contra forces when U.S. funds were cut off. Yet these approacheswere perspective, controversial,of questionablewisdomeven fromtheadministration's and at least in partillegal. The diversionof a small amountof arm sales profits (about$3.8 millionof $16. 1 millionprofitsfrom$40 millionin sales)wasparticularlycontroversialandprovidedrelativelylittle support(about1 percentof $400 million) for the contras.Thoughthe timing of privatefundingand arms sales diversionsmayhavebeencrucialto the survivalof the contras,the benefitswere its domestic probablynot worththe politicalcosts to the Reaganadministration, agenda, and its place in history. The diversionsultimatelybroughtguilt and shameupon the Reaganadministrationand some of its high officials. 80 Armstrong, The Chronology, 83; see also Theodore Draper,A Very ThinLine: TheIran-contra Affairs (New York: Hill and Wang, 1991), 18. 81 Arnson, Crossroads, 73; Serafmo, "ContraAid." 82 Serafino, "ContraAid," 17. This content downloaded from 170.24.130.66 on Mon, 13 May 2013 14:32:51 PM All use subject to JSTOR Terms and Conditions 304 | POLITICALSCIENCE QUARTERLY The contraswere a proxyforceunderthe ReaganDoctrineof helpingothers 83 Fighting fightanticommunist battlesthatalso servedU. S. governmentinterests. warsthroughproxiesis an ancientpartof greatpowerstrugglesandoften substitutes for open warfarebetween superpowers.In general, a democracyshould fight its wars with its own soldiers,but using surrogatesmay be less dangerous than riskingsuperpowerconfrontations. Whilea superpowerdemocracydoes not alwaysfightits own battles,it needs to take direct responsibilityfor fundingthose fights. The privatizationof both foreign policy fundingand wars"'runs contraryto fundamentalprinciplesof democraticgovernanceand sovereignty,particularlythe rule of law and the power of the purse. Extragovemmentalfunding, even if not illegal, corrodes democraticlegitimacy. The executive cannot decide to fmance wars without congressionalapproval.Moreover,the powersthe U.S. Constitutionvests in the Congressto decideto fight wars, and the responsibilityto carryout the conflict throughthe armedforcesdirectedby the president,cannotbe in executivehands only,85because the separationof powers must provide a check on potentially irresponsibleactions.Inorderto sustainthevalidityof thedemocraticsafeguards, the Congressmust be able to end the fightingby cuttingoff the funding,and the executivemustbe faithfullyboundby such restrictions.The use of private funds for public purposesand, particularly,the privatizationof foreignpolicy in a democracy. fundingdistortthe structureof authorizationand appropriation Moreover, a countryshould not fight voluntarywars for which it cannot pay. Havingotherspay for andfight a nation'sbattles,even throughsurrogates, distortsbasic principlesof democraticaccountability,which requiresa nation to decideto takeuponitselfthe requiredsacrificeandbeartheburdenas a nation. Even if most of the outside fundingwere legal, as the administrationand the minorityreportpropose, suchmechanismsof supportandimplementationstray beyonddemocraticaccountability,becausethey take actionsthatthe peopleand their elected representativesdo not directly support.86By soliciting others for funds, the administrationwas potentiallyunderminingits own prerogativesin the policy-makingprocess. Furthermore,legal or not, the proprietyof governmentofficials soliciting The thirdpartyor privatefundsis questionableandfundamentally inappropriate. 83 Other Reagan doctrine conflicts in Afghanistan and Cambodia were less controversial in the United States, U.S. House of Representatives,Congressand Foreign Policy, 1988 (Washington,DC: GovernmentPrinting Office, 1989). 84 A somewhatsimilarmethodof fundingU. S. governmentoperationsthroughthirdcountrycontributions was used duringthe Gulf War in 1991, with large contributionsfrom Saudi Arabia and Kuwait (each countrycontributedover $12 billion to the war effort). See GeraldineBrooks and Tony Horowitz, "A Year After Invasion by Iran," Wall Street Journal, 1 August 1991. 85 Inouye and Hamilton, Report, 348; see also U.S. House, Congress and Foreign Policy, 1988, 7-9. 86 Under this principle, the funding mechanism of the Gulf War, where the U.S. providedmost of the manpower and technology, and the Gulf oil states provided most of the money and some of the legitimacy, is also questionable. This content downloaded from 170.24.130.66 on Mon, 13 May 2013 14:32:51 PM All use subject to JSTOR Terms and Conditions CONTRAAID FUNDAMENTALS| 305 Reaganadministrationwas subvertingits own legitimacyand sovereignpower by pursuingprivatefundingof U.S. initiatives.Moreover,as formerSecretary of StateGeorge Shultznoted aboutthe Gulf War, it was sad to see the United Stateshavingto seek funds from other countries"withhat in hand"to pay for U.S. militaryefforts.87 Privatizationof fundingalso reduces public scrutinyand the debate over policy necessaryin a democracyfor good publicpolicy. Opendiscussionitself might have scuttledthe policy, which is in part why the administrationsought to hide its actions. A democracycannotgive up its principlesof accountability and full, open debateand stay democratic.88 POLICY ALTERNATIVES Couldan alternativepolicy have accomplishedthe samegoal of bringingdemocracy to Nicaraguawithoutcreatingthe antagonismsand scandalof the contra fundingapproaches?Again, one'spartisanpositionaffects the evaluationof the goals and approachof any U.S. policy thatmight have soughtto influencethe internalpolitics of Nicaragua.And the questionof whetherthe United States shouldhaveintervenedatall in Nicaraguanpoliticsshouldnotbe lost in evaluating more peacefulways of attainingthe Reaganadministration's policy goals.89 Supportersof administration policy may arguethathad the Sandinistasnot faced the contraswhile receiving supportfrom Soviet and other Easternbloc countries, the Sandinistasmight have more easily imposed their will on the Nicaraguanpeople and supportedother insurgentforces in CentralAmerica. Moreover, the Sandinistasmight have crushedtheir oppositionearlier if the contrashad not received outside U.S. or privatefunding.But even supporters of the administration policy recognizethatbefore initiatingthe contrawar, the UnitedStateshadalreadysuccessfullyencouragedthe Sandinistasto curtailsupport for the Salvadoranrebels; here their success derivedfrom the stick of the suspensionof U.S. economic assistancein 1981 with the carrotof its renewal ratherthanfrom armedforce.90 The administration mighthave accomplishedits goal of democratizingNicaraguawithoutsustaininga proxy fightingforce. Lackingthejustificationof the contrasas a perceivedthreat, the Sandinistasmight have had more difficulty imposingrestrictionson the politicalopposition.In particular,withoutthe state of emergencydecreedin 1985 to fight the contras,the Sandinistasmight have facedinternalpoliticaloppositionstrongenoughto force the Nicaraguangovernmentinto earlierelectionsor a politicalturnover.The UnitedStatesmighthave 87SouthernCenter for InternationalStudies, "TheNinth Annual Report of the Secretariesof State" (Atlanta: SouthernCenter, 1991), 1. 88 Inouye and Hamilton, Report, 188; see also U.S. House, Congress and Foreign Policy, 1988. 89 Arnson, Crossroads, 187, 216, 221. 90Ibid., 50, 73. This content downloaded from 170.24.130.66 on Mon, 13 May 2013 14:32:51 PM All use subject to JSTOR Terms and Conditions 306 | POLITICAL SCIENCE QUARTERLY betterprovidedsupportto develop politicalchallengesto the Sandinistasthan fundedarmedinsurrection.Withthe collapseof communismin EasternEurope andthe ensuingeconomicandpoliticalproblemsin the SovietUnion, moreover, the Sandinistaswould have come underother externaland internalpressures, as did the nearbySalvadoranguerrillas.Withoutthe stateof emergencyor the Soviet financialand militarysupportjustifiedby the existence of the contras, the Sandinistasmightnothavelastedto 1990. Perhaps,too, suchinternalopposition mighthave helpeddemocratizeandliberalizeNicaraguanpoliticalandeconomic policies.9' CONCLUSION In clarifyingthe amountsand timingof the fundingfor the contras,this article providesthe basis for a clearerunderstandingof the contraaid policy by both citizensandpolicymakersalike. In identifyingtheperiodsof Bolandrestrictions, andthe differingmajorityandminorityinterpretations,it explainspossibleconflicts between nongovermmental fundingmechanismsand the Bolandbans. It evaluatescontraaidpolicyon the Reaganadministration's termsof cost-effectiveness, but also questionsthe meritsof such fundingin a democracy.Supportof the contrasmay have been cost-effectiveon an economicbasis, but it was costly in political terms and in lost legitimacy for the administrationthat promoted them. An alternativepolicy to assuredemocratizationin Nicaraguamight have been more successful. A brief review of contraaid fundingcannotanswerall the factualandpolicy questions.Moreover,evidence alone cannotanswernormativequestions,such as whetherReaganadministrationcontrapolicy was wise. The examinationof the policy approachesthatthe Reaganadministration took regardingNicaragua and the contrasshouldcontinueto probe the implicationsand the alternatives. But a clearer understandingof the backgroundto contra fundingapproaches informsthe debatenecessaryin a democracyto evaluatethe validityandwisdom of these controversialissues duringthe centralU.S. interventionof the 1980s.* 91 Thepeacefullyresolvedmutualhostagetakingbetweengroupsof ex-contras andex-Sandinistas inlatesummer1993showedthatsignificant issuesstilldivideNicaraguans. SeeDouglasFarah,"Contras Free 20 Hostagesin Nicaragua,"WashingtonPost, 23 August1993. The limitedAmericanaid to PresidentVioletaChamorro's government sincehercoalitionvictoryin the 1990electionandthedelay in providing$98 millionin new aid reveals,too, thatthe U.S. role andpolicytowardNicaraguaare still problematic.See 7he Economist, 28 August1993. * I wouldlike to thankJulieCho, EricParas,ChrisRasmussen,NinaSerafino,MichaelThieme, andHilaryHerboldfor theirassistance. This content downloaded from 170.24.130.66 on Mon, 13 May 2013 14:32:51 PM All use subject to JSTOR Terms and Conditions
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