Read between the lines of Middendorf's statement, knowing that he CANNOT say definitively what he knows about Kerry having an other than honorable discharge. Even if he knows for sure it is TRUE, he would be breaking the privacy law to say it outright.
"Bill Middendorf has agreed to publicly state that 'to the best of his knowledge and recollection' (code for - to the the extent to which I can say what I know to be true but cannot publicly legally say - wink wink), John Kerry was dishonorably discharged from the military."
He's taken a big step even coming out and saying this - read between the lines and understand HE KNOWS, but cannot legally say that he does.
In order for Middendorf to get in trouble, wouldn't sKerry have to get extremely vocal about all his records not being made public?