Kerry's Discharge Is Questioned by An Ex-JAG Officer

New York Sun ^ | 11/1/04 | THOMAS LIPSCOMB

[NonValueAdded]

All officials with knowledge of what specifically happened in Mr. Kerry's case are muzzled by the Privacy Act of 1974. The act makes it a crime for federal employees to knowingly disclose personal information or records.

What is the penalty for a violation of the PA74? Has anyone ever been prosecuted for the release of Linda Tripp's military records? I wonder if someone could rationalize that releasing Kerry's records without the 180 would be an act in support and defense of the Constitution of the United States? One could further rationalize that failing to disclose treason is a violation of that oath. Moral imperative or ends-justifies-the-means?

[NonValueAdded]

I see a post on The Charlie Rose Show's discussion board wondering about the same thing so I guess I wasn't the first to come up with the idea. Let's hope I'm not the last.

[plain talk]

If Kerry was dishonorably discharged there should be several people who personally know this to be the case and could step forward and say so. Why haven't we heard from them?

[conservative in nyc]

Violation of the Privacy Act is a misdemeanor, punishable by a fine of up to $5,000. I don't if there could be jail time:

Any officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $5,000.

But the political cost to the administration would be enormous, regardless of the penalties imposed on any individual.

[Redbob]

"Why haven't you signed Standard-Form 180?"

Probably his medical records will show he contracted syph in Viet Nam - all the signs are there...

[branch1]

Just heard on a G Gordon Liddy replay that kerry's top secret security clearance was revoked due to his involvement with the North Vietnamese commmunists in Paris. Truly biazrre that President Bush's National Guard service would be so highly scrutinized and nothing about kerry's seurity clearance. This is substantially more than a slap on the wrist

In 1988 the good comrade, patrick leahy was removed from the Senate Intelligence Committee for leaking secrets he thought would be harmful to President Reagan's administration. Perhaps this is why carter had kerry's discharge changed to an honorable,for without it he could never sit on house or senate military or intelligence committees.

[TheCornerOffice]

"Kerry spokesman David Wade did not reply when asked if Mr. Kerry was other than honorably discharged before he was honorably discharged."

Gotta love that line! :-)

[Edgerunner]

Then it appears that the rich can get away with anything. Nothing new, but I was hoping that the USA was better than that(especially in the case of TREASON).

[foofoopowder]

Imagine a commander-in-chief who received a less than honorable discharge from the military. How many people are going to volunteer for military service once they know about Kerry's dishonorable (equivalent) discharge. If Kerry should win, the draft is a certainty. Add Kerry's flip flops on major issues and his consistent mendacity, and the result is a disaster for America. After a Kerry presidency, it would take 8 years with a Republican in the White House to repair the damage to the U.S.A. BUT the media doesn't report the discharge issue, as they try to sweep it under the rug while people vote. The media has lost all credibility. Journalists are like prostitutes, except that prostitutes are more honest.

[SheLion]

OMG! You have compiled a lot of addy's here. Thank you so much for posting this. Did you find all the email addresses on your own? I have copied and pasted and am saving this on my hard drive.

Thanks again!

[cookcounty]

"It occurs to me that the rejection by Harvard Law is a huge red flag, and implicit support for the charges."

Do we know that he had the grades? I've seen several reports claiming that unlike Bush, Kerry's records or not available. Or perhaps it's a partial record ( some parts withheld---why?)

[Credo]

I think it's more likely that Kerry got an OTH than a dismissal (which is equivalent to a DD for enlisted). An OTH would require a board but it's still administrative and he should have gotten a discharge when his reserve obligation was over and he didn't reactivate it.

The Dismissal would have to come as a result of a General Courts-Martial. Something that is generally in the public domain. A conviction at a GCM also has the force of a felony conviction something certainly negating his ability to practice law. I'm not sure if an OTH would prevent you from entering the bar.

Are disbursements of GI Bill public domain. He started attending law school in 1973. Would he have been brazen enough to try & use the GI bill?

[SheLion]

That's not what sKerry told Brokejaw last week.

Brokaw interview with Kerry. Interesting response to military records question.

Brokaw: Someone has analyzed the President's military aptitude tests and yours, and concluded that he has a higher IQ than you do.

Kerry: That's great. More power. I don't know how they've done it, because my record is not public. So I don't know where you're getting that from.

[Edgerunner]

"The fact that someone at Harvard was willing to say that he was not admitted due to his less than honorable discharge would have been enough to get it on Drudge and have other media look into it, but it is too late now."

It's NEVER to late for the TRUTH...

[angkor]

Of course its all speculation, and no, Kerry's Yale grades are not available.

However we do have the troublesome quote from the person on the admissions committee.

[Fatalis]

A member of the Harvard Law School admissions committee recalled that the real reason Mr. Kerry was not admitted was because the committee was concerned that because Mr. Kerry had received a less than honorable discharge they were not sure he could be admitted to any state bar.

Interesting, but it doesn't mean much without a name.

[rwfromkansas]

I would love to run a story like this in my college paper, but am waiting for the real journalists to like Lipscomb to find one person.....that's all they needs to find....one person...that can back up all this speculation. Multiple people surely remember Mr. Kerry getting an OTH discharge if he did so. Why then has nobody come forward?

I just find this hard to believe without more proof.

If there would just be some actual proof, this story would hit the Wall Street Journal, Washington Times etc. But, not until then. Until then, it will stay in the Sun and not get any traction.

[rwfromkansas]

That was interesting, but still no smoking gun.

[longfellow]

Kerry told Brokaw that none of his records were made public. In an interview that said when it comes to the war strategy Bush had a higher IQ.

[cake_crumb]

"Kerry spokesman David Wade did not reply when asked if Mr. Kerry was other than honorably discharged before he was honorably discharged."

Nail on the head BUMP!!