SwiftVets.com

[MajHavoc]

Greets!

Let me introduce myself, I'm Ralph "MajHavoc" Hilton, Did my tour 'Nam as a grunt Marine in 69-70. I'm 70% disabled from PTSD this summer, I guess I'm still fighting the war. No matter.

My wife and I were wondering about the UCMJ and why charges were not brought against him at the time of the wintersoldier hearings as he was still in the Navy, his military obligation had no ended yet, the date it ended was 17 Feb 1972. He was still in the service during the Paris visit with enemy.

Our first thought was the UCMJ and statute of limitations....

Here was our answer.

Uniform Code of Military Justice (UCMJ) ART. 43. STATUTE OF LIMITATIONS

(a) A person charged with absence without leave or missing movement in time of war, or with any offense punishable by death, may be tried at any time without limitation.

The important part of this article is "or with any offense punishable by death".

Here are a couple of articles he broke as he was still under the UCMJ.

904. ART. 104. AIDING THE ENEMY
Any person who--

(1) aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or

(2) without proper authority, knowingly harbors or [protects or gives intelligence to or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly; shall suffer death or such other punishment as a court-martial or military commission may direct.

906a. ART. 106a. ESPIONAGE?
(A)
(1) Any person subject to this chapter who, with intent or reason to believe that it is to be used to the injury of the United States or to the advantage of a foreign nation, communicates, delivers, or transmits, or attempts to communicate, deliver, or transmit, to any entity described in paragraph (2), either directly or indirectly, any thing described in paragraph (3) shall be punished as a court-martial may direct, except that if the accused is found guilty of an offense that directly concerns
(A) nuclear weaponry, military spacecraft or satellites, early warning systems, or other means of defense or retaliation against large scale attack,
(B) war plans,
(C) communications intelligence or cryptographic information, or
(D) any other major weapons system or major element of defense strategy, the accused shall be punished by death or such other punishment as a court-martial may direct.
(2) An entity referred to in paragraph (1) is--
(A) a foreign government;
(B) a faction or party or military force within a foreign country, whether recognized or unrecognized by the United States
(C) a representative, officer, agent, employee, subject, or citizen of such government, faction, party, or force.
(3) A thing refereed to in paragraph (1) is a document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, note, instrument, appliance or information relating to the national defense. (b) (1) No person may be sentenced by court-martial to suffer death for an offense under this section (article) unless-- (A) the members of the court-martial unanimously find at least one of the aggravating factors set out in subsection (c); and
(B) the members unanimously determine that any extenuating or mitigating circumstances are substantially outweighed by any aggravating circumstances, including the aggravating factors set out under subsection (c). (2) Findings under this subsection may be based on--
(A) evidence introduced on the issue of guilt or innocence;
(B) evidence introduced during the sentencing proceeding; or
(C) all such evidence. (3) The accused shall be given broad latitude to present matters in extenuation and mitigation.
(c) A sentence of death may be adjudged by a court-martial for an offense under this section (article) only if the members unanimously find, beyond a reasonable doubt, one or more of the following aggravating factors:
(1) The accused has been convicted of another offense involving espionage or treason for which either a sentence of death or imprisonment for life was authorized by statute.
(2) In the commission of the offense, the accused knowingly created a grave risk of substantial damage to the national security.
(3) In the commission of the offense, the accused knowingly created a grave risk of death to another person.
(4) Any other factor that may be prescribed by the President by regulations under section 836 of this title (Article 36).


Kerrys Paris talks with the enemy, probably arrqanged by his Dad as he was over the our Embassy in Paris at some point and had the right connections. Both of these articles carrry the death penalty, and fall under article 43.

We have no-idea what was said by Kerry during his exchanges with the enemy, the fact that he was talking to them and admitted it to the Senate Committee on Foreign Relations, April 22, 1971. (see article on a recent case, SPC Ryan G. Anderson, he's being tried today for just attempting to meet with al-qaida)

Why was he not charged then or now with aiding the enemy? Hmmmm, No statute of limitations........

Look at how the whole thing, Paris talks with the enemy, Winter Soldier had affected our POW's, and returning vets?

Is it not possible to start a civil class action lawsuit for the slanderous things he's said about us. His Defamation of our character?

Why is he untouchable?

Ah.... I'm rambling

My thanks to you fellow Warriors for trying to get the TRUTH out!

/0

-Maj
www.just-gamers.com

[Navy_Navy_Navy]

The Holzers are onto this, now too - I wouldn't be surprised to see them making a case for or against, just the way they did with Jane Fonda.

And I know there have got to be at least a couple of JAG's who have buried themselves in this question.

We may yet hear more rumblings about it in the future.

Welcome aboard!
_________________
~ Echo Juliet ~
Altering course to starboard - On Fire, Keep Clear
Navy woman, Navy wife, Navy mother

[pneal]

I've wondered about this too. It seems like during that era, people's feelings about the war clouded every issue of American life. For whatever reason Kerry was allowed to commit treason without any repercussions. I would like to know why, if he was being investigated and under surveilance by the government, he wasn't arrested in 1972. He clearly should have been? If he already admitted to being in Paris, meeting with the enemy, isn't that tantamount to a confession of guilt? The government knew about the "assassination plot" and Kerry's attendance at that meeting. Why weren't these people prosecuted for conspiracy to commit murder? If Kerry knew about the "plot" and didn't go to authorities, isn't he just as guilty, as the conspirators? The government has alot of questions to answer about this whole matter, as far as I'm concerned. Kerry should either be an "executed traitor" footnote in history books or rotting in military prison still today. Where is the justice?
_________________
Born on the Fourth of July

[xeniadif]

I too would be very interested as to .....why?