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my guess is kerry or Rassman covered their butts by writting up Thurlow...

here is an interesting article someone might want to post if it hasn't been posted already:

http://www.rmf.net/cockburn07292004.html

Kerry's first mission as part of the Phoenix program was to ferry a Provincial Reconnaissance Unit of South Vietnamese soldiers, which would have been led by either a Green Beret or CIA officer. After off-loading the unit Kerry hid his Swift boat in a mangrove backwater. Two hours later a red flare told them that the PRU wanted an emergency "extraction". Kerry's boat picked up the PRU team, plus two prisoners. The leader of the PRU team told Kerry that while they were kidnapping the two villagers (one of them a young woman) from their hut, they'd seen four people in a sampan and promptly killed them. The two prisoners were "body-snatched" as part of a regular schedule of such seizures in the victims would be taken to An Thoi for interrogation and torture.