Was colonel north acting as agent or as fiduciary

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Colonel North had a reputation for getting things done. North is primarily remembered for his term as a National Security Council staff member, the most important government operative, during the Iran-Contra affair in the late 1980’s.

The operation involved the illegal sale of weapons to Iran to encourage the release of U.S. hostages then held in Lebanon. North formulated the second part of the plan, which was to divert proceeds from the arms sales to support the Contra rebel groups in Nicaragua, which had been specifically prohibited. North was granted immunity from prosecution in exchange for testifying before Congress about the scheme.

But North made it clear in the congressional hearings that he sought Presidential approval for all of his actions and that he clearly had the approval of Admiral Poindexter. North resented the implication that there was “a loose cannon,” a “cowboy” in the White House because he was implementing policies that had been formulated by his superiors. In other words, North was following orders. North certainly portrays himself in that light, testifying at one point: “I am not in the habit of questioning my superiors. If [Admiral Poindexter] deemed it not to be necessary to ask the President, I saluted smartly and charged up the hill.” North also testified, “I was given a mission and I tried to carry it out.”

Whether North’s orders came directly from President Reagan was never entirely clear. It was clear, however, that creating “plausible deniability” for the President was always part of the plan. It should be noted that North never defended his actions solely on the ground that he was following order. To the contrary, he made it clear that he was proud of his actions. But Senator Inouye, in his closing statement [ON22: need to check], raised the issue of whether North should have refused to obey “unlawful” orders. North’s lawyer, Brendan Sullivan, took great offense to the implication that the Nuremberg Code would have any possibly application in Col. North’s situation.

North’s secretary, Fawn Hall, testified that she “felt uneasy” about the shredding done in anticipation of the Attorney General’s staff coming to inspect documents, she shredded confidential documents. Hall famously said “sometimes you have to go above the written law,” arguing that she believed in North and thought “there was a very solid and very valid reason he must be doing this.”

a) What are the ethical dilemmas in this case?

b) What is professional moral courage and how does that apply in this case?

c) Was Colonel North acting as an agent or as a fiduciary?

d) What ethical dilemma(s) did Col. North face?

e) What would have been the morally courageous approach for Fawn Hall to follow?

f) What are some basic questions that should have been asked when making a decision that poses an ethical dilemma?

Reference no: EM132303737

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