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To: John Valentine

Thanks for a great response. I think you've nailed it. It was a violation of the clause you cited in the Logan Act. His reserve officer status is not really part of the issue.


31 posted on 09/22/2004 7:18:49 AM PDT by Kenton ("Life is tough, and it's really tough when you're stupid" - Damon Runyon)
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To: Kenton

Kerry did accuse himself of war crimes during the Fulbright hearings.

Those alleged war crimes would have been committed while Kerry was on active duty.

The UCMJ does allow recall of reservists to active duty for prosecution under the UCMJ for crimes committed while on active duty.

Article 2 of the UCMJ. Persons subject to this chapter ............ (1) A member of a reserve component who is not on active duty and who is made the subject of proceedings under section 81 (article 15) or section 830 (article 30) with respect to an offense against this chapter may be ordered to active duty involuntarily for the purpose of ..... (A) investigation under section 832 of this title (article 32); ..... (B) trial by court-martial; or ..... (C) nonjudicial punishment under section 815 of this title (article 15). ..... (2) A member of a reserve component may not be ordered to active duty under paragraph (1) except with respect to an offense committed while the member was ..... (A) on active duty;
snip
Kerry, when he was still in the U.S. Naval Reserves, accused himself of war crimes committed while he was on active duty.

The UCMJ would have allowed Kerry's recall to active duty for prosecution for war crimes, would it not?

Kerry would have then have had to allow his admission to war crimes to stand or admit that he had perjured himself before Congress for theatrical effect, would he not?

the above is snipped from post #112 here:

http://www.freerepublic.com/focus/f-news/1207414/posts?q=1&&page=122#122


40 posted on 09/22/2004 8:16:35 AM PDT by Vn_survivor_67-68
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