A federal district court judge here is expected to rule Wednesday whether David Kimche, former Director General of the Israel Foreign Ministry, can be forced to testify before a grand jury investigating the Iran-Contra affair.
Judge Aubrey Robinson Jr. allowed Kimche to return to Israel last May 1 after he had received a subpoena from Lawrence Walsh, the special prosecutor in the Iran-Contra investigation.
Kimche, who was involved in the secret United States arms shipments to Iran, was served with the subpoena during a visit to New York. The Israel government immediately sought to quash the subpoena before Robinson, arguing that Kimche had diplomatic immunity and should not have to testify before the grand jury.
Israel also contends that three other Israelis, for whom Walsh issued subpoenas last week, should not have to testify before the grand jury since they were acting on behalf of the Israel government in their participation in the sale of arms to Iran.
One of the subpoenas was served in Tel Aviv last week to Al Schwimmer, a businessman who holds dual U.S.-Israeli citizenship. However, the subpoenas for the other two, Yaacov Nimrodi, an arms dealer, and Amiram Nir, a former counterterrorism specialist in the Israeli government, can be served if they come to the U.S.
Israeli officials are angry over the subpoenas since they believe their issuance violates the agreement with Congress that no Israelis would be called to testify and in return Israel would provide requested information.
Walsh apparently believes that he is not bound by this agreement.
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