Kerry - Pardoned by Carter in 1977? - Research - Rebuttal

9/5/04 | Tacis

[Tacis]

The point of my earlier posting was to suggest a possible explanation to why Kerry has been so reluctant to let us review his whole personnel jacket. I understand and accept the exceptions taken with my thesis. I simply suggest that, on Tuesday, September 7, some folks, “including representatives of the news media,” visit the Office of the Pardon, Attorney, U.S. Department of Justice (filing an FOIA request, if necessary) and see if Jimmy Carter issued a pardon or clemency to John Forbes Kerry for any reason and report back.

It might also be helpful for loyal American Congressmen to question Attorney General Ashcroft about pardon/clemency records that many have been removed from public scrutiny and placed under seal because of the ruling by some Attorney General, past or present, that the release of such documents, despite the clear language, “constituted an unwarranted invasion of the petitioner’s personal privacy.”

[amom]

of interest

[dr_who_2]

Did Carter's pardon include reservists who "deserted" or didn't obey their summons? When did Kerry first become an office holder?

[sarasotarepublican]

Nothing will come of this unless President Bush allows it. I bet he won't.

[Mach9]

Might also help to get the actual amnesty wording and legal interpretation at the time. But arguments, overall, are generous and thought-provoking. But an FBI-plant--secret even from the FBI? Don't know. Somehow I think it's simpler: Navy Hero Condemns War. "Unfit" lays out the motive, the plan. A military nobody couldn't have condemned the war with impugnity; so Kerry became a somebody. Once a somebody, he could condemn the war. What's happened since 1971 right through to March (?) of this year is that opponents have gone after his POST-WAR record first (and often exclusively). What's happened since March is that the original, fail-safe condition of bemedaled war-hero has been questioned BEFORE attacking his post-war actions and comments. I've said it before, but it's worth repeating: the Swifts got it right.

[uscabjd]

How can he keep this secret, if true? The records are public. Just what is Kerry doing to feep them secret?

[uscabjd]

why?

[tahoeblue]

If I recall correctly, Carter's pardon was his very first act in office and can be found in the Congressional Record. I recall reading it years ago and think that is where I came across it. You can find the Congressional Record in most college libraries.

-tb

[amom]

Jan 21, 1977 was the pardon date:

January 20: Inauguration Day...

January 21: Carter issues a pardon to most of those who evaded the draft in order to avoid going to Vietnam.

http://www.pbs.org/wgbh/amex/carter/timeline/timeline2.html

[pointsal]

More sKERRY thoughts

[amom]

An extreme abundance of Carter links at this link. Might be a great tool for our little project. :-)

http://cstl-cla.semo.edu/renka/Modern_Presidents/carter.htm

[mnehring]

I would love to see who all was hidden in the ranks of Carter's mass pardoning of those who evaded the draft (I believe there were around 500). I wonder if that accounts for people who, while on duty, worked for the enemy in their propaganda war.

Is this list public?

I will go and search a little.

[amom]

Federal Register's page of links to Jimmy Carter's EOs 1977-1981

http://www.archives.gov/federal_register/executive_orders/carter.html

[GoLightly]

Kerry a snitch?

I do not believe snitches would have anything in their *FBI file* about their activities. That would be like a police officer having something in his criminal file for undercover work done. There is at least one FBI file about Kerry's activites, his presence at the meeting about the "Phoenix Project".

Kerry had connections to big players in the Democrat party, the party running Congress until 1995. By that time he was well into his 2nd term as a US Senator.

[mnehring]

http://www.usdoj.gov/pardon/carter_instructions.htm This is also interesting. What this means is that he would not fall under the blanket pardon but if there were one, it would probably be a specific pardon. Could these records be kept sealed if someone considered it sensitive? Furthermore, President Carter's Pardon Proclamation applies only to violations of the Military Selective Service Act by civilians. If you were a member of the armed forces during the relevant period, and you were convicted for a violation of military law, your offense does not qualify for treatment under the Proclamation. A person wishing to seek a presidential pardon for a military conviction must apply for a pardon from the current President under the regular pardon procedure. In addition, the Carter Proclamation does not apply to Military Selective Service Act violations involving force or violence; or to offenses committed by agents, officers, or employees of the Military Selective Service system in connection with duties or responsibilities arising out of their employment. Consequently, if you were employed by the Military Selective Service system and your offense involved your official duties, or if your offense involved force or violence, your conviction was not pardoned by the Proclamation.

[GoLightly]

Page 2 from your link:

Upon specific request, we advise anyone who asks whether a named person has been granted or denied clemency. In addition, the pendency of an application is confirmed to anyone who asks, unless extraordinary considerations of privacy are presented in a particular case that outweigh the public interest in having access to this information. If you believe such privacy considerations are present in your case, you should so inform us in writing when you submit the application.

[amom]

Proclamation 4483--Granting pardon for violations of the Selective Service Act, August 4, 1964, to March 28, 1973

Source: The provisions of Proclamation 4483 of Jan. 21, 1977, appear at 42 FR 4391, 3 CFR, 1977 Comp., p. 4, unless otherwise noted.

Acting pursuant to the grant of authority in Article II, Section 2, of the Constitution of the United States, I, Jimmy Carter, President of the United States, do hereby grant a full, complete and unconditional pardon to: (1) all persons who may have committed any offense between August 4, 1964 and March 28, 1973 in violation of the Military Selective Service Act or any rule or regulation promulgated thereunder; and (2) all persons heretofore convicted, irrespective of the date of conviction, of any offense committed between August 4, 1964 and March 28, 1973 in violation of the Military Selective Service Act, or any rule or regulation promulgated thereunder, restoring to them full political, civil and other rights.

This pardon does not apply to the following who are specifically excluded therefrom:
(1) All persons convicted of or who may have committed any offense in violation of the Military Selective Service Act, or any rule or regulation promulgated thereunder, involving force or violence; and
(2) All persons convicted of or who may have committed any offense in violation of the Military Selective Service Act, or any rule or regulation promulgated thereunder, in connection with duties or responsibilities arising out of employment as agents, officers or employees of the Military Selective Service system.

IN WITNESS WHEREOF, I have hereunto set my hand this 21st day of January, in the year of our Lord nineteen hundred and seventy-seven, and of the Independence of the United States of America the two hundred and first.
http://www.archives.gov/federal_register/codification/proclamations/04483.html

[mnehring]

I wonder how long a FOIA would take for a list of all people Carter pardoned. I did not see any listings on the DOJ site.

[Viet-Boat-Rider]

I WANT THE TRUTH OUT, NO MATTER WHERE IT LEADS! KERRY MUST SIGN FORM 180 AND RELEASE HIS RECORDS!

[GoLightly]

I think there were thousands & those who made a case for privacy would likely be excluded from the list. Still, wasn't his discharge signed by an Atty? What was that Atty's job at that time?