State Dept. Denies ‘passing Buck’ to Congress on Raid

The State Department denied today that Secretary of State Alexander Haig’s letter to Congress yesterday, saying that Israel may have committed a “substantial violation” of its arms agreement with the United States by using U.S. made planes to bomb the Iraqi nuclear plant, was an effort by the Reagan Administration to “pass the buck” of a hot issue to the legislative branch.

David Passage, a Department spokesman, also denied that the Administration’s decision to suspend the shipments of four F-16s, scheduled to go to Israel tomorrow, was a means of pressuring Israel to lessen its opposition to the sale of AWACS reconnaissance planes to Saudi Arabia. He said the AWACS planes transaction is a program that “stands on its own merits” and is not “tied” to any other arms delivery program.

Meanwhile, the Senate Foreign Relations Committee is expected to hold hearings late next week and the House Foreign Affairs Committee after that, on Haig’s letter sent to Congress late yesterday.

The letter was sent to Capitol Hill about an hour after Haig showed it to Israel Ambassador Ephraim Evron. Evron said Israel was “deeply disappointed” by the decision but reiterated that the Israeli raid was an act of self-defense.

PRESIDENT SEES POSSIBLE VIOLATION

In his letter, Haig said that President Reagan believes that in the use of F-15s and F-16s to attack the Iraqi plant “a substantial violation of the 1952 (mutual defense) agreement (with Israel) may have occurred.” The Arms Export Control Act requires that any U.S. arms sold to a foreign country can be used only for self-defense.

“We are conducting a review of this entire matter and will consider the contention of Israel that this action was necessary for its defense because the reactor was intended to produce atomic bombs and would become operational very soon and that, once it became operational, an attack would have been impossible because it could not be carried out without exposing the residents of Baghdad to massive radioactive lethal fallout,” the Haig letter said.

“While our discussions with Israel continue, and while your committee(s) is considering this matter, the President has directed the suspension, for the time being, of four F-16 aircraft which had been scheduled for this week.”

Administration spokesmen said that the suspension affected only the four F-16s and no other military equipment being sent to Israel. At the State Department today, it was stressed that Haig had not said that the shipment would be held up until the Reagan Administration completes its review, or until Congress completes its hearings, but only “for the time being.” A source said it is possible that the Administration may never make a decision on whether Israel violated the law.

OBSERVERS SEE TACIT UNDERSTANDING

This is what observers expect to happen. They do expect the Administration to reach some understanding with Israel on future incidents, while not punishing Israel beyond a temporary suspension. Almost no one believes Congress would cut off arms to Israel.

Passage said that the Administration was dedicated to “prevent the spread” of nuclear proliferation. “This event might offer a suitable opportunity for all countries to take a good look at nuclear programs that have the effect of spreading potentially dangerous technology.” But Passage rejected a suggestion that the Israeli Sunday raid might have had a “beneficial effect.”

On the AWACS, Passage denied reports that the Administration has decided to send to Congress during the week of July 6 its proposal for selling AWACS and enhancement equipment for F-15s to Saudi Arabia. He said the Administration was still working on the proposal.

Department spokesman Dean Fischer admitted yesterday that Deputy Secretary of State William Clark met with Evron last week and also gave a letter to the Israeli envoy but he refused to give any details. Clark reportedly criticized Israel for its strong lobbying efforts against the arms package to Saudi Arabia.