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A theory about the discharge coverage...
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Mooncusser
Lieutenant


Joined: 24 Aug 2004
Posts: 245
Location: Missouri

PostPosted: Tue Nov 02, 2004 5:37 pm    Post subject: Reply with quote

I was wounded and paralyzed from the waist down for 6 mo.

I was unable to get a job anywhere after my discharge in '65.

For several years I tried and tried to find a job.

I finally gave up. I drove a cab for years and lived with family.

Gerald Ford gave clemency and guaranteed jobs to the draft dodgers if they returned and worked 2 years in public service.

Then Carter pardoned them all.

This country rewards good behavior and punishes bad behavior.


I know this sounds like whining, but I am not. I feel very lucky and I am completely satisfied with my life....I would not change a single thing.

I just don't want to see our soldiers treated the way I was.
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I actually won the election before I lost it.

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Hondo
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Joined: 26 Aug 2004
Posts: 423
Location: USA

PostPosted: Tue Nov 02, 2004 5:59 pm    Post subject: Reply with quote

Actually, as I read it, a pardon would have no direct effect on the 14th Amendment issue. The ban on eligibility for public office contained in the 14th Amendment is part of the Constitution. The President does not have the power to change the Constitution unilaterally.

Carter's blanket pardon of 21 January 1977 would not have applied to Kerry. This pardon covered selective service act violations and does not appear to have applied to conduct such as Kerry's

However, it is possible that a hypothetical individual pardon could shield Kerry indirectly. The exact effect would depend on the precise wording of the pardon (if one exists) and previously undetermined points of constitutional law.

The 14th Amendment's ban on eligibility for public office was adopted to make certain that officials of the former Confederacy did not dominate house/senate delegations from former Confederate states after they were readmitted to the Union. I don't know if it was ever tested in court at that time. The Constitution is silent just how someone who has taken an oath as an officer of the US is determined to have broken this oath. My guess is that it would take a legal action to determine this.

Since there were no treason prosecutions of former Confederate officials after the Civil War, my guess is that there is no definitive legal precedent and that this would be new legal territory. The Federal courts could indeed rule that it would take a treason conviction; they might accept the findings of a special master or some other form of inquiry. Don't know.

The effect of any hypothetical pardon Kerry may have received would depend on the exact text of the pardon. A blanket pardon for any and all crimes would shield him from prosecution, even from prosecution for treason (the Constitution does not withhold from the President the power to pardon for treason). A selective pardon would probably not.

A clemency decision, or an administrative board action to upgrade a dishcarge, would have no effect. These do not grant absolution for crimes. They only modify punishments and/or administrative effects.

My 2 cents worth.
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Darkhorse18
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Joined: 29 Sep 2004
Posts: 108
Location: Woodbridge, VA

PostPosted: Tue Nov 02, 2004 7:11 pm    Post subject: Reply with quote

The one thing that is going to work in our favor is that old Jimmy is still around and shortly it should be time to go to the source and see what he has to say. It doesn’t take a NY Times to get the ball rolling on this one. One or two GOOD reporters who are willing to find Carter in person not over the phone can really get this thing out of the blocks. It would make for a great start! Just a thought.
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NavyChief
Rear Admiral


Joined: 12 Aug 2004
Posts: 627
Location: Boise, Idaho

PostPosted: Tue Nov 02, 2004 7:20 pm    Post subject: Reply with quote

Darkhorse18 wrote:
The one thing that is going to work in our favor is that old Jimmy is still around and shortly it should be time to go to the source and see what he has to say. It doesn’t take a NY Times to get the ball rolling on this one. One or two GOOD reporters who are willing to find Carter in person not over the phone can really get this thing out of the blocks. It would make for a great start! Just a thought.


We tried to get through to Carter. Just like Senator Warner, Chuck Colson, and a couple of others -- they don't want to comment.

Tom Lipscomb has been trying and trying but the topic is so hot.

- Chief
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Darkhorse18
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Joined: 29 Sep 2004
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Location: Woodbridge, VA

PostPosted: Tue Nov 02, 2004 7:39 pm    Post subject: Reply with quote

Some times silence can work in our favor. Lipsomb does a short article starting out with the NBC editing of the Kerry interview about his records not being for public consumption and then he follows along with the listing of all these people that he has contacted to try and get clarification on the facts of the discharge. Carter Warner and such why won't these people comment type of thing. This does two things he approaches it from another angle NBC News edits interview that alone is news. Secondly everybody who doesn’t want to comment looks like and idiot when the story is picked up. You were given the opportunity to speak up you had the first hand knowledge why didn’t you comment when first asked. Just a thought.

Last edited by Darkhorse18 on Tue Nov 02, 2004 7:41 pm; edited 1 time in total
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Tom Poole
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Joined: 07 Aug 2004
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Location: America

PostPosted: Tue Nov 02, 2004 7:40 pm    Post subject: Reply with quote

NavyChief wrote:
We tried to get through to Carter. Just like Senator Warner, Chuck Colson, and a couple of others -- they don't want to comment....

These guys, I don't know, often, "no comment" just means "I don't want to get involved." IMO, we need to file charges against Humpty Dumpty, subpoena these guys and depose them. I'd really enjoy seeing the little peanut farmer crook his finger at us and say, I did not have sex..., oops, that was that other liar. Maybe he'll say I just pardoned him in my heart... and then we can put them in the same cell.
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Rurik
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Joined: 27 Aug 2004
Posts: 251
Location: Daschle-cleansed Free South Dakota

PostPosted: Tue Nov 02, 2004 8:11 pm    Post subject: Reply with quote

A lot of old timers, and the political operators, are afraid to touch communism. They ruin a set of perfectly good underwear every time the subject comes up because they dread the fearsome epithet "McCarthyite". It is communism, not Social Security that is the true third rail of American politics.

Next there is that worldly-wise business that worrying about loyalty is unsophisticated. Remember that old quote by one of the Bloomsburys -"If I had to choose between betraying my country and betraying my friend, I hope I'd beray my country."

Then for the youngsters, including Drudge, there is that bit that Communism is just, like, soooo yesterday dude.

And there are a bunch of people who don't want to talk about communism and subversion because they're compromised if the question is opened. This does not just include all those like Kerry's friendw who were variously useful idiots, admitted communists, secret party membes, and sympathizing "fellow travelers" not under party discipline. It also includes those who have never been communists, but whose enitire public careers and records are hostage to the doctrine that communists were never a threat, and who will be revealed as intelectually bankrupt instead of morally bankrupt.

And finally ther is another group. The group whihc is just plain against America. The nihilists who support communists, not because they like communism, but because they find it a useful ally of convenience against the USA. A power which they believe they can use against their country and then cast off later. Just as Lenin actively supported the Kaiser because that was the one chance to bring down the Tsar. You can identify this faction by their entirely negative stance, and the fact that they are now abandoning atheist socialism for radical Islam.
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Anker-Klanker
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Joined: 04 Sep 2004
Posts: 1033
Location: Richardson, TX

PostPosted: Tue Nov 02, 2004 9:35 pm    Post subject: Reply with quote

Quote:
Then for the youngsters, including Drudge, there is that bit that Communism is just, like, soooo yesterday dude.


The secret is to borrow a trick from their own bag of tricks. Do not accuse them of Communism; accuse them of Progressivism (which is the new descriptor). Just move all the old anti-communist arguments over to the anti-progressive page. Then you'll be talking the latest jive.

Seriously, if this battle is to be won, it has to be fought smartly, and the communications have to be adapted to the new generation(s), among other things.
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firewoodtim
Seaman Recruit


Joined: 29 Oct 2004
Posts: 11

PostPosted: Tue Nov 02, 2004 10:19 pm    Post subject: My Interpretation of the Lack of Coverage Reply with quote

IMHO, Rove & Co. did not want the issue of Kerry's discharge to emerge so close to the election, in order to avoid diluting its impact with Democrat charges of "October Surprize!!" It is only in the relative calm of post-election examination that the full implications of a president with a less-than-honorable discharge could sink into the public's collective consciousness, particularly that of Democrats.

Besides, the issue is only important if Kerry wins or is close to winning in the courts. If Kerry wins, then the prospect of a Commander-in-Chief without honor will be a chilling matter for the Electoral College to consider, as they approach the date in December when they must choose the new president. Also, can you imagine what the polls will show about Kerry's support, once the MSM is driven to acknowledge and publicly examine this situation?

In addition, Kerry has screwed his own party, by concealing this extremely important fact about himself from the country. It is an act of extraordinary hubris and self-glorification, at the reckless expense of others. This exposes the entire Democratic Party to a continuous, ongoing barrage of political attack from the Right that will be very difficult to counter, especially if it can be demonstrated that many Big Dems were complicit in the deceit.

In such a situation it may be possible to sway enough members of the Electoral College, who would otherwise vote for Kerry, to either vote for Bush or to abstain. I should think that many Electors would not want their names associated with electing a disgraced Kerry to the presidency.

Kerry's best hope, in my opinion, is that he loses this race. He has much more to lose by winning.
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Bob Chamberlain
Lt.Jg.


Joined: 08 Aug 2004
Posts: 147
Location: Raleigh, NC

PostPosted: Tue Nov 02, 2004 10:38 pm    Post subject: Reply with quote

The pertinent text of the 14th Amendment reads as follows:

3. No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

The offending party need not have been convicted of treason. He simply must have been found to have "given aid or comfort to the enemies" by some unnamed body. And no later "pardon" under a Presidential executive order can "remove such disability".

If there is documentation somewhere that proves the Navy issued John Kerry a less than honorable discharge because he engaged in activities that gave "aid and confort" to the North Vietnamese, this would be prima facia evidence upon which to enforce this provision of the 14th amendment - and only a 2/3rds majority of each house of Congress could stay such enforcement.

But don't count on it. Assuming that President Bush wins tonight (which I do, being by nature an optimistic person), one of his first tasks will be to heal the rift in our society. We have become far too polarized as a nation and it is hurting our strength. Which will directly hurt our efforts in the war and end up hurting our troops. President Bush is going to have to try to bring us closer together as a nation. And that means the sorry SOB will probably get a free pass - once again. If President Bush were to allow the Justice Department or the Navy - or even a group of Senators - to go after Kerry (as he so richly deserves), it would just widen the divisions, not heal them. So as much as I dream of seeing Kerry strung up by his heels (like Mussolini and his mistress), I am more interested in seeing our country develop more unity and commonality of purpose. It's our men and women in uniform and our success in the war that really count.


Benito Mussolini and his mistress, Clara Petacci, after being captured and shot by Italian partisans near the end of WWII.
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Zac's Mom
Ensign


Joined: 14 May 2004
Posts: 53
Location: Texas

PostPosted: Wed Nov 03, 2004 11:57 am    Post subject: Reply with quote

Anker-Klanker wrote:

I'm having a little trouble conceiving how this could all fit into a grand conspiracy theme because it's difficult for me to believe how anyone or any organization could control so many "independent" outlets. But, on the other hand, in retrospect, how did it happen to work out that way so exactly as predicted? Even FOX, as BOR so abruptly reminded me last night, seemed to go along with the "plan."


Actually you have hit upon one of my biggest b*tch's about the whole Clinton administration.




Yet, under the Clinton Administration (and despite laws specifically designed to prevent it) merger after merger took place until finally, by the end of the millennium, just a handful of mega-corporations totally controlled the flow of news, information and entertainment within this country ~ this includes books, magazines, television, newspapers, movies, music, internet access, etc.,etc.

The actual number of corporations dominating most of every mass medium dropped, under clinton's administration, from 23 media firms to 6 mega-media corporations by the Spring of 2000!*

And even this number is deceiving ~ the power and influence of these mega-conglomerates is understated by counting them as 'six.' For, in reality, these six are actually intertwined: they own stock in each other, they cooperate in joint media ventures, and among themselves they divide profits from some of the most widely viewed programs on television, cable and movies.

As foreseen by the Supreme Court in 1945, this consolidation of power and control has been to the detriment of us all as the media role has shifted from ensuring democracy to undermining the function of true democracy

Under this condensed, goal oriented management, our nation's "Guardians Of The Peoples Right to Know" have mutated into little more than "information brokers" and "opinion shapers" who present very specific information in a manner which meets a very specific agenda.

Shielded behind the cloak of 'journalism' and without regard for truth, accuracy, or impartiality, a countless variety of sources now continually present us with carefully manufactured versions of world events. Sadly, most citizens are completely unaware that 'news' stories repeated by numerous, and seemingly 'different' sources, are actually a single, unencumbered voice.

*Check out "Who Owns What" at: http://www.cjr.org/tools/owners/ It is amazing..........
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