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Judicial Watch Calls For Investigation Into Kerry’s Medals, Anti-War Actions
JudicialWatch ^ | August 18, 2004

Posted on 08/18/2004 2:58:40 PM PDT by Petronski

Formal Complaint Filed Over Senator’s Vietnam Awards, Post-Service Activities

(Washington, D.C.) – Judicial Watch, the public interest group that investigates and prosecutes government corruption, today filed a request with the U.S. Navy and the Defense Department for an investigation into the awards granted to Sen. John Kerry during his service with the U.S. Navy in Vietnam. Judicial Watch also requested that military authorities investigate Kerry’s anti-war activities, including his meeting with North Vietnamese and Viet Cong delegations in Paris, while a member of the Naval Reserve.

Basing its requests on a recently published book, Unfit for Command, by former Navy officer John E. O’Neill and Harvard University professor Jerome R. Corsi, and on news media interviews of other officers and sailors who served with Kerry, Judicial Watch notes that unresolved allegations against Kerry include: false official reports and statements; dishonorable conduct; aiding the enemy; dereliction of duty; misuse and abuse of U.S. government equipment and property; war crimes; and multiple violations of U.S. Navy regulations and directives, the Uniform Code of Military Justice and the U.S. Code.

Kerry was awarded three Purple Hearts, a Silver Star and a Bronze Star for “wounds” received and actions in Vietnam, but eyewitnesses refute his version of a number of the events that were the basis for receiving the commendations. Judicial Watch is asking the Department of Defense and the U.S. Navy, including its Department Board of Decorations and Medals, to look into the circumstances surrounding Kerry’s awards.

Judicial Watch also is requesting an investigation of Kerry’s anti-war activities. After he was released from active duty but while he was a commissioned officer in the inactive Naval Reserve, Kerry joined the anti-war group Vietnam Veterans Against the War and traveled to Paris to meet with delegations from North Vietnam and the Communist Viet Cong. He held a press conference in Washington, D.C., following the meeting and advocated the “peace proposal,” which included war damage reparations, put forth by the North Vietnamese and Viet Cong.

“The allegations concerning Kerry’s conduct during the Vietnam War are credible, serious and shocking,” said Judicial Watch President Tom Fitton. “The sooner an investigation begins, the better.”


TOPICS: Front Page News; Government; News/Current Events
KEYWORDS: bandwagonjumpon; judicialwatch; kerry; kerryrecord; newsactivism; saveamerica; stophillary; stopkerry
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To: Nonstatist
Larry Klayman is no longer with Judicial Watch

Where did the old nutcase go?

Klayman is running for senate from Florida

61 posted on 08/18/2004 3:29:31 PM PDT by glock rocks (Will you tell me a story?)
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To: concerned about politics

In-depth results from that poll, measuring reaction to the Swift Boat Vets ad today, are available here in PDF form. An interesting nugget:

In the most important aspect of advertising – effectiveness – the Swift Boat ad significantly outperformed the Kerry ad. Not only did Independent viewers consciously attest to the persuasiveness of the Swift Boat ad, but they also reconsidered intentions to vote for Kerry at startling levels after viewing the video. In overall persuasiveness, Independents were more convinced by the attacks of the Swift Boat ad than by the supporting message of the Kerry ad. 53.89% of Independent viewers agreed to some extent that the Swift Boat ad was persuasive. Meanwhile, 43.25% felt so about the Kerry ad. Also, the Swift Boat ad managed to outperform the Kerry ad yet again in the intensity with which viewers accepted its message. 15.03% of Swift Boat ad viewers chose the strongest level of agreement with the notion that the ad is persuasive, while only 7.30% of Kerry ad viewers did so.

http://www.nypost.com/news/nationalnews/27075.htm


62 posted on 08/18/2004 3:30:57 PM PDT by gilliam
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To: Iam1ru1-2

LOL!!!


63 posted on 08/18/2004 3:31:17 PM PDT by popparollo (Get the vote out for BUSH!!!!)
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To: TomServo

so, thats all the rats are doing


64 posted on 08/18/2004 3:32:07 PM PDT by camas
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To: gilliam
This is great news, thanks for the link
65 posted on 08/18/2004 3:33:37 PM PDT by stockpirate (The issues surrounding Kerry in Vietnam is a smoke screen! The real issue is VVAW and the FBI docs!)
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To: Petronski
Well IIRC an action must be filed within three years of becoming known..

I think another approach would be to get all of Kerry's records under the FOIA. Yes there is an exemption for privacy act, however he has IMO relinquished that right by 1) making his record a public issue for the highest office in the land and 2) by saying he has already released his records.

IMO The publics right to know now exceeds his right to privacy and he has brought it on himself, not by mistake or accident.

I want to know how the government allowed this individual to perpetrate his deception on the government and the American Public. I want to see all the reports Kerry submitted.I want to know if Navy regulations were circumvented as to witnesses. I want to see witness reports. I think Unfit for Command could also be titled "Anatomy of A Fraud...

http://www.foiadvocates.com/exemptions.html

Exemption 6

Documents which are "personnel and medical and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy." 5 U.S.C. § 552(b)(6).

This exemption protects the privacy interests of individuals by allowing an agency to withhold personal data kept in government files. Keep in mind that by the plain terms of the statute, only individuals can have privacy interests. By definition, corporations and other "legal persons" can have no privacy rights under the Exemption 6 because there can be no objective expectation attaching against an "unwarranted invasion of personal privacy." Occasionally, agencies or business submitters of information will assert Exemption 6 when, in fact, the proper analysis should sound under Exemption 4.

(a) The Supreme Court has reviewed the application of this exemption. It noted: First, in evaluating whether a request for information lies within the scope of a FOIA exemption, such as Exemption 6, that bars disclosure when it would amount to an invasion of privacy that is to some degree 'unwarranted, 'a court must balance the public interest in disclosure against the interest Congress intended the [e]xemption to protect."

Department of Defense v. F.L.R.A., 114 S.Ct. 1006, 1012 (1994).

(b) The Court continued:

Second, the only relevant "public interest in disclosure" to be weighed in this balance is the extent to which disclosure would serve the "core purpose of the FOIA," which is "contribut[ing] significantly to public understanding of the operations or activities of the government. Id.

In other words, the requested materials must in some way illuminate "what the government is 'up to'" in order to justify disclosure. A request for information from the government which illustrates what you neighbor, or business competitor, is "up to" will not meet the public interest balancing test under exemption 6. The exemption requires agencies to strike a balance between an individual's privacy interest and the public right to know. However, since only a clearly unwarranted invasion of privacy is a basis for withholding, there is a perceptible tilt in favor of disclosure in the exemption. "In the Act generally, and particularly under Exemption (6), there is a strong presumption in favor of disclosure." Local 598 v. Department of Army Corps of Engineers, 841 F.2d 1459, 1463 (9th. Cir. 1988) (emphasis added). In that case, the Ninth Circuit reviewed the context of applicable Exemption 6 case law:

The Freedom of Information Act embodies a strong policy of disclosure and places a duty to disclose on federal agencies. As the district court recognized, 'disclosure, not secrecy, is the dominant objective of the Act.' Department of the Air Force v. Rose, 425 U.S. 352, 361, 96 S.Ct. 1592, 1599, 48 L.Ed.2d 11 (1976).

'As a final and overriding guideline courts should always keep in mind the basic policy of the FOIA to encourage the maximum feasible public access to government information....'

Nationwide Bldg. Maintenance, Inc. v. Sampson, 559 F.2d 704, 715 (D.C.Cir.1977). As a consequence, the listed exemptions to the normal disclosure rule are to be construed narrowly. See Rose, 425 U.S. at 361, 96 S.Ct. at 1599. This is particularly true of Exemption (6). Exemption (6) protects only against disclosure which amounts to a 'clearly unwarranted invasion of personal privacy.' That strong language 'instructs us to 'tilt the balance [of disclosure interests against privacy interests] in favor of disclosure.'" Id. (emphasis added), citing Washington Post Co. v. Department of Health and Human Servs., 690 F.2d 252, 261 (D.C.Cir.1982) (quoting Ditlow v. Shultz, 517 F.2d 166, 169 (D.C. Cir.1975)).

Moreover, the Privacy Act of 1974 regulates the disclosure of personal information about an individual. The FOIA and the Privacy Act partially overlap in this regard, but there is no real inconsistency. An individual seeking records about herself should cite both laws when making a request. This will ensure that the maximum amount of disc losable information will be released. Also remember that records which can be denied to an individual under the Privacy Act are not necessarily exempt under the FOIA.

66 posted on 08/18/2004 3:35:46 PM PDT by rolling_stone
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To: Petronski; Happy2BMe
With JW's record, I am confident this will go a long ways, lol!

One can only hope, though.


My thanks to Traumer, Arrowhead1952 and Conspiracy Guy for the concept of the above pic


67 posted on 08/18/2004 3:36:24 PM PDT by MeekOneGOP (There is only one GOOD 'RAT: one that has been voted OUT of POWER !! Straight ticket GOP!)
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To: Petronski
The proper authority for filing for an investigation would be the convening officer, one of Kerry's COs. The convening officer would petition JAG, Dept. of the Navy and Dept. of Defense. On most of the charges listed by Judicial Watch, the statute of limitations would apply. War crimes (murder, pillage and the rest of the stuff admitted to and published in his book) have no statute of limitations. IMHO, this whole thing"s going nowhere. Although, in the public opinion, Conduct unbecoming of an officer should stick.
68 posted on 08/18/2004 3:36:35 PM PDT by BIGLOOK (I once opposed keelhauling but have recently come to my senses.)
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To: TomServo

they're the only people who send me more requests for money
than the NRA.


69 posted on 08/18/2004 3:38:45 PM PDT by Rakkasan1 (Justice of the Piece:Kerry/Edwards...so full of crap they need two Johns.)
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To: HuntsvilleTxVeteran; Nonstatist; Willie Green; TomServo

He'll be back as soon as he loses that primary.

The Swifties should stay away from this, IMO.


70 posted on 08/18/2004 3:42:39 PM PDT by Howlin (Kerry being called a war hero is "a colloquialism.")
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To: stockpirate
I fully agree!! The activities he pursued in the VVAW cost the lives of many POW's!!
71 posted on 08/18/2004 3:42:43 PM PDT by popparollo (Get the vote out for BUSH!!!!)
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To: TomServo; 68-69TonkinGulfYachtClub
My guess is that JWatch wants the pentagon to come out with a statement like, "All procedures at that time were followed.....nothing on which to base an investigation."

It's unlikely that the 5gon would say, "Yep...everything was a screwed up..."

72 posted on 08/18/2004 3:43:44 PM PDT by xzins (Retired Army and Supporting Bush/Cheney 2004!)
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To: TomServo; 68-69TonkinGulfYachtClub
My guess is that JWatch wants the pentagon to come out with a statement like, "All procedures at that time were followed.....nothing on which to base an investigation."

It's unlikely that the 5gon would say, "Yep...everything was ALL screwed up..."

73 posted on 08/18/2004 3:44:01 PM PDT by xzins (Retired Army and Supporting Bush/Cheney 2004!)
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To: stockpirate
Nothing wrong with fund raising

There is when you never win in court. Heck, when you never GO to court.

74 posted on 08/18/2004 3:46:31 PM PDT by Howlin (Kerry being called a war hero is "a colloquialism.")
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To: Petronski
and the hits... just keep right on coming!!!
75 posted on 08/18/2004 3:47:24 PM PDT by Chode (American Hedonist ©®)
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To: Petronski

Even if Jwatch doesn't do much with the issue legally, maybe some more of the press other then Fox will get involved... The more press gets into this we may finally get the records released and Kerry definately doesn't want his med records released... he has to explain purple hearts for scratches fixed with band aids.... Won't be good...


76 posted on 08/18/2004 3:47:52 PM PDT by tomnbeverly (Do not let the UN make decisions for the protection of the United States... VOTE for George W. Bush)
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To: popparollo
filed a request with the U.S. Navy and the Defense Department for an investigation into the awards granted to Sen. John Kerry during his service with the U.S. Navy in Vietnam. Judicial Watch also requested that military authorities investigate Kerry’s anti-war activities, including his meeting with North Vietnamese and Viet Cong delegations in Paris, while a member of the Naval Reserve.

I think this can go somewhere, it is not a lawsuit.
77 posted on 08/18/2004 3:47:54 PM PDT by stockpirate (The issues surrounding Kerry in Vietnam is a smoke screen! The real issue is VVAW and the FBI docs!)
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To: PeoplesRepublicOfWashington
Could someone please list the top three victories ever won by Judicial Watch?


78 posted on 08/18/2004 3:48:54 PM PDT by Dog Gone
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To: BIGLOOK
IMHO, this whole thing"s going nowhere.

Now you've figured it out.

JW has no legal standing.

79 posted on 08/18/2004 3:49:40 PM PDT by Howlin (Kerry being called a war hero is "a colloquialism.")
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To: Petronski

THE DAM IS CRACKING!!



80 posted on 08/18/2004 3:50:25 PM PDT by popparollo (Get the vote out for BUSH!!!!)
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