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It Was Ford who gave Kerry clemency, not Carter?
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lrb111
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Joined: 28 Jul 2004
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PostPosted: Wed Oct 27, 2004 5:31 pm    Post subject: Reply with quote

Hondo wrote:
lrb111:


Hope that's it and that someone has a photo. However, I simply can't believe that even Lurch is THAT dumb. I think that "don't go in uniform" was VERY common knowledge among any uniformed folks who went to antiwar rallies.

The info I've seen re: his 15 October 1969 actions indicated he was not in uniform and did not speak at any of the rallies.


How many times did the photo him in fatigues, medals, etc.? There is such a laundry list of possibles on him, that it would be insane if he wasn't stripped. of course, imo. Smile
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said Democratic Chairman Terry McAuliffe. "It is inexcusable to mock service and sacrifice."
well, when even the DNC can see it,,,,, then kerry is toast.
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stylin19
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PostPosted: Wed Oct 27, 2004 5:55 pm    Post subject: Reply with quote

I'm still confused.

all the Ford memorandums mention deserters/draft dodgers EXCEPT the

Memorandum for the Attorney General
It would appear, that IF Sen. Kerry needed to clean-up his discharge, it should be under this memorandum.

It also says: In order to assist the identification process, I am requesting that you provide to the Secretaries of Defense and Transportation, as appropriate, the names and service numbers of all former service members who applied to the Presidential Clemency Board program and whose records indicate that they were wounded in combat or that they received decorations for valor in combat.

If he needed to clenup a discharge, he had to apply. If that's the case, that document should be floating around somewhere.(Assuming it hasn't already hit a shredder)
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Hondo
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PostPosted: Wed Oct 27, 2004 6:41 pm    Post subject: Reply with quote

lrb111:

What is banned for folks in the military is being in complete military uniform at any form of political event, or any other form of official participation in a political event. The rationale is to avoid the appearance of official endorsement. That occasionally gets folks in trouble even today. PM me if you want a recent story.

All the photos I've seen of Kerry wearing fatigues were of him wearing a fatigue shirt with other items of civilian clothing and occurred after he was released from active duty. Saw a hell of a lot of guys in the early 1970s wearing old fatigue uniform parts mixed with civvies, so I don't exactly think that's going to go far. Also don't remember him wearing his rank in any of those photos (but I could be wrong).

Now, if someone has a photo of Kerry in full uniform at an anti-war rally while he was still in the USNR, he may be in "deep dudu".

Wearing medals/ribbons - assuming they are the ones you actually were awarded - is authorized in civilian attire. Uncommonly done, but it is allowed by law.


stylin19:

As I read it, the "Presidential Clemency Board" referred to in the Memo to the Attorny General you cite is the board that Ford established to consider Vietnam-era draft dogers' and deserters' requests for clemency. Ergo, the list prepared by the Attorny General would only contain the names of those who (1) were originally eligible to apply under Ford's clemency program, (2) had in fact already done so, and (3) had also been wounded in combat or received a decoration for valor. The list could thus only include deserters and draft dogers, as those would be the only persons eligible to have applied for clemency under Ford's Presidential Clemency Board proclamation in the first place.
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SBD
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PostPosted: Wed Oct 27, 2004 9:40 pm    Post subject: Reply with quote

Hondo wrote:
Hypothesis:
a. Kerry was not on leave, pass, or otherwise excused from duty on Wednesday, 15 October 1969.
b. Kerry nevertheless "skated out" without authority to pilot Walinsky et al to antiwar activities on this date. (Maybe he called in falsely claiming to have a civilian medical or other appointment and was told "take care of it and get here as soon as you can" or something similar.)
c. The fact that Kerry "skated out" of duty on 15 October 1969 was not known to the Navy when Kerry left active duty.
d. Sometime in late 1971 or early 1972, some USNR official with the proverbial hard0n for antiwar protesters gets word of Kerry's 15 October 1969 actions. He "connects the dots" regarding Kerry's piloting on 15 October 1969 and no leave taken for that day.
e. The matter is turned over to NCIS. They confirm (possibly with info from the FBI) that Kerry did indeed pilot Walinsky et al to antiwar activities on 15 Oct 1969 and was indeed absent from duty without authority when he did so.
f. Charges for "failure to repair" are sworn prior to 14 October 1972.
g. Kerry is confronted and threatened with involuntary return to active duty and court-martial. He decides not to risk a felony conviction (which would likely end his plans of a law degree and a future political career) and resigns in lieu of court-martial instead. At the time, I believe he'd have received an "undesirable" discharge for resignation in lieu of court-martial. I believe he would have also had to sign paperwork acknowledging the conduct leading to the discharge (current OTH discharge procedures require the individual accepting the OTH discharge in lieu of court-martial do do this).
h. Kerry then later applies under the Carter program for discharge review, receiving a discharge upgrade.

Given the inane hue and cry raised about Bush and his last year in the guard, if this is true the irony would be wonderful: Kerry receiving an undesirable discharge for BEING ABSENT FROM HIS ASSIGNED PLACE OF DUTY.

I'm not convinced this happened - but I'm not convinced it DIDN'T happen, either.

Comments?


I don't think Kerry could have received a pardon from the above infraction under the Carter Plan since it occured while still in active duty. I could be interpreting it incorrectly though.


Jimmy Carter: 1977-81
Executive Order Relating to Proclamation of Pardon Executive Order 11967.
http://www.presidency.ucsb.edu/ws/index.php?pid=7366
January 21st, 1977

RELATING TO VIOLATIONS OF THE SELECTIVE SERVICE ACT, AUGUST 4, 1964 TO MARCH 28, 1973

The following actions shall be taken to facilitate Presidential Proclamation of Pardon of January 21, 1977:

1. The Attorney General shall cause to be dismissed with prejudice to the government all pending indictments for violations of the Military Selective Service Act alleged to have occurred between August 4, 1964 and March 28, 1973 with the exception of the following:

(a) Those cases alleging acts of force or violence deemed to be so serious by the Attorney General as to warrant continued prosecution; and

(b) Those cases alleging acts in violation of the Military Selective Service Act by agents, employees or officers of the Selective Service System arising out of such employment.

2. The Attorney General shall terminate all investigations now pending and shall not initiate further investigations alleging violations of the Military Selective Service Act between August 4, 1964 and March 28, 1973, with the exception of the following:

(a) Those cases involving allegations of force or violence deemed to be so serious by the Attorney General as to warrant continued investigation, or possible prosecution; and

(b) Those cases alleging acts in violation of the Military Selective Service Act by agents, employees or officers of the Selective Service System arising out of such employment.

3. Any person who is or may be precluded from reentering the United States under 8 U.S.C. 1182(a)(22) or under any other law, by reason of having committed or apparently committed any violation of the Military Selective Service Act shall be permitted as any other alien to reenter the United States.

The Attorney General is directed to exercise his discretion under 8 U.S.C. 1182 (d) (5) or other applicable law to permit the reentry of such persons under the same terms and conditions as any other alien.

This shall not include anyone who falls into the exceptions of paragraphs l(a) and (b) and 2(a) and (b) above.

4. Any individual offered conditional clemency or granted a pardon or other clemency under Executive Order 11803 or Presidential Proclamation 4313, dated September 16, 1974, shall receive the full measure of relief afforded by this program if they are otherwise qualified under the terms of this Executive Order.

JIMMY CARTER

No where does it say that a previous discharge can be upgraded to honorable. Ford's Proclamation deals with violations of both the Military Selective Service Act and Uniform Code of Military Justice. I am not an expert, or even in the Military for that matter, but the difference must be that the Uniform Code of Justice rules over actual Discharge proceedings in order to give a Discharge. Carter's Proclamation just said no more investigations, you are all given Clemency and no official Discharge would be forth coming as none was required if they never actually served.


SBD
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Hondo
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PostPosted: Wed Oct 27, 2004 10:23 pm    Post subject: Reply with quote

SBD:

I've seen references to DoD expanding the scope of the discharge review program in March 1977 "to include other offenders who may have had general, bad conduct, dishonorable discharges, and any other discharge or sentence with negative effect on military records." If true, this would have allowed Kerry to petition to have an undesirable discharge (resulting from resignation in lieu of court-martial for FTR) upgraded to honorable.

However, I have yet to be able to track down the DoD instructions for this program and review them myself, so I don't know for certain whether or not this is correct. You could be right.
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SBD
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PostPosted: Thu Oct 28, 2004 12:54 am    Post subject: Reply with quote

So what exactly should I look for?

A Department of Justice Directive with reference to Carter's Proclamation?

SBD
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Hondo
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PostPosted: Thu Oct 28, 2004 3:03 am    Post subject: Reply with quote

SBD:

What I've seen is references to either a DoD Memo (date was late Mar 1977 - 26 or 28 Mar, I think) or a DoD Directive from March 1977. Haven't been able to find the exact subject or directive number.
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George Danenhauer
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PostPosted: Thu Oct 28, 2004 6:26 am    Post subject: Reply with quote

Apr. 21, 1971 Washington Post-Times Herald places Kerry at garden party of "Sen. and Mrs. Philip Hart last night." "50 or so present." Sen Fulbright "invited John Kerry, Yale graduate and smooth-shaven leader of the shaggy-haired veterans, to come up to his Foreign Relations committee and tell their story during the hearings." "Mrs. Hart welcomed the guests in her husband's absence. He was delayed by a speech in Seattle. She paid for the party herself and collected checks from incoming guests who wanted to help the veterans." The veterans "toold their stories in the terms of the peace they hope their movement will bring to Vietnam eventually."

Sounds like Kerry had it rough during the campout on the Mall!

From Pages 98 and 99 of 130 page pdf file of VVAW FBI files at

http://ice.he.net/~freepnet/fbifiles/100-HQ-448092/Sub%20A%20Section%2001/Sub%20A%20Section%2001.pdf
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SBD
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PostPosted: Thu Oct 28, 2004 7:02 am    Post subject: Reply with quote

So is it a coincedence that the website posted this letter and that it was one of the last items President Ford did before he ended his term?

She was obviously wanting to get someone discharged with honor and without giving her exactly what she asked for, it looks like he fulfilled her request. Unless someone knows of another Vietnam Veteran that was wounded and/or honored with medals who was also close to the Hart family, it might be fair to say the letter could address John Kerry!!

Maybe I can find the one she wrote to him??

SBD
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SBD
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PostPosted: Thu Oct 28, 2004 7:21 am    Post subject: Reply with quote

No letter, it was a response to a phone call.
http://www.presidency.ucsb.edu/ws/index.php?pid=5535&st=hart&st1=vietnam

GOOD MORNING, everybody.
REPORTER. Good morning, Mr. President.

THE PRESIDENT. I thought you might be tired of me, so I brought Susan [Susan Chafee, former U.S. Olympic skier] along.

Q. Mr. President, can we ask you a couple of questions?

THE PRESIDENT. Sure.

Q. Can you give us any indication of what kind of time frame you are operating on on this amnesty question?1

1 On Sunday, December 26, the President telephoned Jane Hart, Senator Philip A. Hart's widow, to express his condolences on her husband's death. At this time, Mrs. Hart asked the President to reconsider the possibility of amnesty for Vietnam draft evaders and deserters.

THE PRESIDENT. As prompt as possible.

Q. Would you think within the next week or so?

THE PRESIDENT. I think that is a fair time span.

Q. Can you give us any feeling for your inclination at this point? We know that you have opposed this in the past. You said that you were going to look into it. Are you leaning one way or the other at this point?

THE PRESIDENT. We are having a fair analysis made of the success of the program that I instituted in 1974,2 which showed about 21,000 out of 105,000, or thereabouts, took advantage of the program. It was a good program. I regret that many, many more didn't participate. But we have to take an overall look at the impact on military morale, public reaction, equity as far as those who participated and went through their process of earning their way to clear their records, and then see how it equates vis-a-vis the blanket order. I can't give you any particulars as to what the decision will be at the present.

SBD

2 See 1974 volume, Item 77 and 78.
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SBD
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PostPosted: Thu Oct 28, 2004 7:51 am    Post subject: Reply with quote

This definately says that it was not Carter and look who shows up again!!!

"Ask President Carter" - Remarks During a Telephone Call-in Program on the CBS Radio Network.

March 5th, 1977

http://www.presidency.ucsb.edu/ws/index.php?pid=7119

MR. CRONKITE. The next questioner, Ronald Fouse, Centerville, Georgia. Mr. President, Mr. Fouse.

MR. FOUSE. Good afternoon, Mr. President.

THE PRESIDENT. Good afternoon, Mr. Fouse. I came through Centerville the last time I was home.

MR. FOUSE. Yes. You come through the Air Force Base I work at every time you come down.

THE PRESIDENT. Very fine. Go ahead with your question.

VIETNAM ERA VETERANS

MR. FOUSE. Yes, sir. Now that you pardoned the draft evaders and you propose to pardon the junkies and deserters, do you propose to do anything for the veterans such as myself that served the country with loyalty?

THE PRESIDENT. Well, I thought I might get a friendlier question from Georgia, but I'll try to answer your question.

I don't intend to pardon any more people from the Vietnam era. I promised the American people when I was running for office that I would pardon the ones who violated the selective service laws. I don't have any apology to make about it, and think I made the right decision. But the deserters and others who have committed crimes against military law or civilian law will not be pardoned by me on any sort of blanket basis. My preference is to let the Defense Department handle those cases by categories or by individual cases.

We have moved, I think, already to help, as you said, loyal and patriotic veterans like yourself. And I have appointed a very fine young man to head up the Veterans Administration now, Max Cleland, who is a veteran of the Vietnam war. This is kind of a new generation of leadership, and within the economic package that I presented to Congress, we have a heavy emphasis on training and job opportunities for veterans.

So, I hope in the future that we can have a restoration in our country of appreciation for veterans who did go to the Vietnam war, who have not been thanked or appreciated enough in the past, and a much more sensitive Veterans Administration toward the Vietnam veterans who have not had as many benefits as veterans of previous wars that were more popular.

But I don't have any apology to make for what I have done, but you need not be concerned about an extension of pardons on a blanket basis in the future from me.


MR. FOUSE. Okay, sir. Thank you very much.

THE PRESIDENT. Thank you.

So, that only leaves the DOD and/or Ford as the Pardoning Party!!


SBD
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mangdawg
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PostPosted: Thu Oct 28, 2004 8:16 am    Post subject: Reply with quote

SBD wrote:
This definately says that it was not Carter

"But I don't have any apology to make for what I have done, but you need not be concerned about an extension of pardons on a blanket basis in the future from me."


So, that only leaves the DOD and/or Ford as the Pardoning Party!!


SBD
not necessarily, SBD. you know how politicians couch their language. what if it was an individual?
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Hondo
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PostPosted: Thu Oct 28, 2004 12:55 pm    Post subject: Reply with quote

SBD:

If what little I've found about the DoD program is accurate, eligibility was widespread but the program was not a blanket amnesty. I believe it required the individual to apply for review of his/her discharge. Decisions were made on a case-by-case basis.

As to why DoD did this without a Presidential directive: don't know, but my guess is that it was someone high at DoD trying to "carry the water" for Carter. People try to please the boss and/or higher ups. My guess is that Carter made known his wish to avoid political problems regarding those who had been DISCHARGED for antiwar political actitivies, either directly or in some offhand remark. I think someone high in DoD at the time then took the issue and ran with it - whether or not that was what Carter really intended for them to do.

Ample precident, all the way back to Henry II and his fit-of-pique statement about Thomas à Becket ("Will no one rid me of this meddlesome priest?") that some of his knights took as reason to murder the clergyman.
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stylin19
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PostPosted: Fri Oct 29, 2004 12:30 am    Post subject: Reply with quote

Hondo

thanx....now it fits in....I thought I was losin my mind.
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sabreman
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PostPosted: Fri Oct 29, 2004 11:29 am    Post subject: Reply with quote

In the telephone call to Jane Hart the President is asked by Mrs Hart to "reconsider the possibility of amnesty for Vietnam draft evaders and deserters."

This would indicate that there has been a previous request(s) for amnesty.......as in "reconsider"..... when, how many and by whom have these requests been made.

John Kerry I understand spent much time in the Mainline of Philly as a youth which is the same area that Senator P. Hart hails from and so do some of the Forbes'. It is highly likely that there were long standing family associations.

The link below to an excerpt from 'Tour of Duty'.... the private party at Senator Hart's home is written in the frame of mind that Kerry was a family friend.........

http://www.palmdigitalmedia.com/product/book/excerpt/16199

John Kerry would have been, due to his up bringing Navy Commission and apprently strong friendship with Senator Teddy Kennedy, a sitting duck in the VVAW for a political hit job especially after his first trip to Paris.

It is interesting that Kerry just upped and left for good the VVAW for no apparent reason ..... why ??

Was he by this stage in serve legal jeopardy due to his post Vietnam activities with the VVAW ??

When Kerry went before the Senate Committee the salutation from the Senators to Kerry was 'Mr. Kerry'..... Is that normal for a Commissioned Naval Officer before a United States Senate Committee ??

When Kerry threw his medals on the White House lawns during some anti-war demonstration was he in fact returning those same medals that may have already been rescinded by the Navy Department. The President is the Commander in Chief of the Navy. I remember reading not long ago that Kerry had all his medals reissued indicating that they may have been rescinded at some point.

And also, how many highly decorated vets got involved with the anti-war crowd anyway ??

In view of the requirements outlined by President Ford it is highly likely that Kerry had to complete something like a law degree and get a respectable job if he was to have any likelyhood of getting his name cleared with the Military.

So maybe we should go back a little earlier in this sordid history to someone who knew the rules........

http://www.archives.gov/nixon/white_house_central_files/name_files.html
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