Sunday, October 24, 2004

Kerry’s Dishonorable Discharge - From “The Federalist”

Excerpts from:
22 October 2004
Federalist Patriot No. 04-42
Friday Digest


“Never suppose that in any possible situation, or under any circumstances, it is best for you to do a dishonorable thing...” --Thomas Jefferson


Top of the fold -- Kerry’s Dishonorable Discharge...

“Reporting for duty”?

For a guy who’s hitched his entire presidential campaign to his military service record, John Kerry sure is parsimonious when it comes to releasing that record. As noted in this column on more than one occasion, Kerry has consistently refused to sign a Standard Form 180 authorizing the Department of Defense to release all of his records.

George W. Bush’s military records were so spotless that Dan Rather gleefully trotted out some fabricated documents in order to kick up a little dust. Of course, if Rather were a real journalist rather than just a TV talking head, he might actually develop a source who could find out what the remaining (approximately 100) pages in Kerry’s DoD service jacket reveal.

What, exactly, is Kerry hiding? It is already common knowledge that most of his celebrated heroics were spurious, and that most of his medals were without merit (see “Kerry’s Quagmire” at http://FederalistPatriot.US/alexander/ ). But given that the cat’s already out of the bag, why not just sign the Standard Form 180?

For his part, Kerry claims he received an “Honorable Discharge” and that all his records have been released and are posted on his website, -- uh, make that But Kerry has refused to say when he received an Honorable Discharge. Indeed, some of his military records are posted on his site -- but not all of them. Here, an experienced eye can read enough into what has been released by Kerry to develop a good profile of what hasn’t been released.

It is our considered opinion, therefore, that John Kerry was separated from the military under a less than honorable discharge -- most likely a Dishonorable Discharge.

Among Kerry’s released records is a 1977 cover letter from Jimmy Carter’s Navy Secretary, W. Graham Claytor. What is revealing about this document is that it notes Kerry’s original discharge was subject to review by a “board of officers” -- yet no such review should be necessary for an Honorable Discharge.

The review was conducted in accordance with “Title 10, U.S. Code Section 1162 and 1163,” which pertains to grounds for involuntary separation from military service.

As many Vietnam veterans who served their nation with dignity and honor will recall, Jimmy Carter’s first official act as president was the signing of Executive Order 4483 --less than an hour after his inauguration on 21 January 1977. EO 4483 provided general amnesty for draft evaders, war protesters and other offenders of that era. Its corresponding, and equally dubious, DoD directive took effect in March of 1977, expanding that amnesty to include separation from military service by other than honorable discharges. The DoD specified an appeal procedure whereby discharges could be reviewed on an individual basis to determine whether the status of a particular discharge could be revised.

Having lost his first bid for Congress, Kerry no doubt decided that his political future would be brighter as a war hero rather than a war protestor. While there are several categories of discharges beneath honorable, including general, medical, bad conduct and other than honorable, it is very likely that Kerry’s discharge was dishonorable.

Supporting this assertion is the fact that Kerry had all his medals mysteriously reinstated in 1985. He claims that he lost his medal certificates (perhaps these are what he famously threw over that Capitol fence in protest), but when a military officer is subject to a Dishonorable Discharge, in addition to the loss of pay benefits and allowances, all medals and honors are revoked. In any case, it would be a cinch for John Kerry to refute our claim by simply signing that Standard Form 180. But he won’t. Nor will hard-hitting journalists like Katie Couric and Dr. Phil press him on this issue.

Thus, while Kerry can correctly say -- thanks to Jimmy Carter -- that he received an Honorable Discharge, he could also say with equal precision that he received a Dishonorable Discharge. His activities as a leader of Vietnam Veterans Against the War were, indeed, forgiven by Carter’s EO 4483 and the subsequent DoD directive.

However, according to legal scholars, John Kerry’s meetings with enemy agents from Communist North Vietnam on multiple occasions between 1970 and 1972 are not covered under EO 4483. For that reason, we delivered to U.S. Attorney General John Ashcroft on Monday of this week a “Petition for Investigation and Indictment,” calling on the Department of Justice to determine conclusively whether Kerry’s actions, in direct violation of UCMJ (Article 104 part 904), U.S. Code (18 USC Sec. 2381 and 18 USC Sec. 953) and other applicable laws and acts of Congress, constitute treason. (To read the text of the petitioners’ request, link to -- )

Why prosecute Kerry now?

In October, 2003, Mr. Kerry chose to make his disputed Vietnam War record the centerpiece of his campaign for the presidency. In response, the more than 180,000 signatories of the above-referenced petition chose to make Mr. Kerry’s war record the centerpiece of their campaign to determine whether his actions are subject to the Constitution’s Fourteenth Amendment, Section 3.

The pertinent language states: “No person shall be a Senator or Representative in Congress, or elector of President and Vice-President ... having previously taken an oath ... to support the Constitution of the United States, [who has] engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”

While it is clear that no action will be taken on the petitioners’ request prior to 2 November, we remain committed to holding Senator Kerry accountable for his actions regardless of the outcome of his presidential bid. Indeed, we are all committed to serving Kerry with an irrevocable dishonorable discharge from public office.

Quote of the week...

“They’re the men who served with John Kerry in Vietnam. They’re his entire chain of command, most of the officers in Kerry’s unit. ... And they’re the men who spent years in North Vietnamese prison camps. Tortured for refusing to confess to what John Kerry accused them of being -- war criminals. ... Why is this relevant? Because character and honesty matter. Especially in a time of war.” --Swift Boat Veterans for Truth and POWs for Truth in their most recent ad on Kerry’s war record and character.

On cross-examination...

“On more than one occasion, Senator Kerry has referred to the fight at Tora Bora in Afghanistan during late 2001 as a missed opportunity for America. He claims that our forces had Osama bin Laden cornered and allowed him to escape. ... As commander of the allied forces in the Middle East, I was responsible for the operation at Tora Bora, and I can tell you that the senator’s understanding of events doesn’t square with reality. ... Contrary to Senator Kerry, President Bush never ‘took his eye off the ball’ when it came to Osama bin Laden. The war on terrorism has a global focus. It cannot be divided into separate and unrelated wars, one in Afghanistan and another in Iraq. Both are part of the same effort to capture and kill terrorists before they are able to strike America again, potentially with weapons of mass destruction. Terrorist cells are operating in some 60 countries, and the United States, in coordination with dozens of allies, is waging this war on many fronts.” --General Tommy Franks

Open query...

“[W]hen was terrorism only a nuisance? Was it a nuisance four years ago, when the USS Cole was attacked and we almost lost the ship and we did lose 17 sailors? Was it a nuisance six years ago when they attacked simultaneously two of our embassies in East Africa and killed hundreds of people, including many Americans? Was terrorism just a nuisance 11 years ago, when they first bombed the World Trade Center? Or 16 years ago, when Pan Am Flight 103 was blown out of the skies over Lockerbie, Scotland? Or 21 years ago, when a truck bomb was driven into a barracks in Beirut and killed 241 American Marines?” --Vice President Cheney

From the JFK DEMO-lition derby...

On the subject of giving international terrorism a new impulse and added power, John Kerry’s campaign has portrayed him as many things -- a war hero and a war resister; a scion of privilege and a man of the people. He has cleverly likened himself to the original JFK, how different could they be?). And now, he’s evoking memories of 1932, recasting President Bush as Herbert Hoover and himself as Franklin Roosevelt.

Team Kerry has droned on incessantly that Bush is the first president to run for re-election since Hoover with fewer jobs in America than when he started, so it stands to reason that Candidate Kerry would cast himself in the role of Hoover’s 1932 opponent for the White House. This week on the campaign trail, in the battleground state of Pennsylvania, Kerry said, “Seventy-two years ago today, another candidate for president by the name of Franklin Roosevelt came right here to Pennsylvania. We share that in common.”

That they do, as well as a penchant for budget-busting government programs dedicated to running people’s lives.

(For the truth on jobs during President Bush’s tenure, see Jerry Bowyer’s latest stats -- Mr. Bowyer is Chairman of the Newsmakers Leadership Group and can be reached at )

Besides the jobs lie, Kerry and his cronies have been using every scare tactic they can to smear Bush in the final days of the campaign. Chief among them are the accusations that Bush is going to ruin Social Security, a specious charge. Allowing younger workers to invest a portion of their Social Security taxes in private investment accounts would help relieve the extreme strain on the program. You can be sure that strain will not be alleviated by any of the phantom plans that Kerry has been deliberately sketchy about implementing.

Kerry’s pledge to fix Social Security and eradicate the federal budget deficit without cutting benefits or raising taxes on the middle class is pure hot air.

An especially cynical charge from the Kerry camp is that Bush will reinstate the draft. Despite clear, unequivocal language by the President and his campaign to the contrary, Kerry has done a fine job of scaring young voters into believing they will be drafted. (We’re struggling to find a gentler word for Kerry than “liar.”)

First, the Pentagon, the White House and many military planners from every branch of the service have maintained that we have the right number of people we need to do the job, and that a draft would not help the situation. Second, it was Democrat Charles Rangel who introduced a bill to reinstate the draft. And no one would ever confuse Rep. Rangel’s actions with those of Republicans.

In other news from the Political Front...

As the election winds down to its final days, stories of electoral misdeeds are springing up in key battleground states. And there should be no surprise that the Demo-crusaders are involved.

The Ohio Attorney General’s Office is investigating the filing of some 130 fictitious-voter registration forms by a man paid for his hard work in crack cocaine by a woman affiliated with the NAACP National Voter Fund. The culprit was arrested by the Defiance County (we didn’t make that up) Sheriff’s Office, and it now appears that this scandal may spread to other individuals in counties around the state.

America Votes, an umbrella organization of anti-Bush groups funded by America-hating billionaire George Soros, has attracted the attention of state and federal authorities. In several battleground states, hundreds of duplicate voter registrations have been filed and there are reports that workers have been shredding Republican voter registration forms.

America Votes claims to be a non-partisan organization dedicated to voter outreach, but its membership includes 32 overtly anti-Bush groups, and its president, Cecile Richards, is a former deputy chief of staff to House Minority Leader Nancy Pelosi (D-Candyland).

The BIG lie...

“America must fight and win two wars. The war in Iraq and the war on terror. ... President Bush likes to confuse the two.... In fact, Iraq was a profound diversion from that war [on terror] and the battle against the enemy.” --John Kerry, still refusing to acknowledge that terrorists are connected with other terrorists.

Memo to Senator Kerry: “Just the other day, [Abu Musab] Zarqawi publicly announced his sworn allegiance to Osama bin Laden. If Zarqawi and his associates were not busy fighting American forces in Iraq, does Senator Kerry think he would be leading a productive and peaceful life? Of course not. And that’s why Iraq is no diversion, but a central commitment in the war on terror, a place where our military is confronting and defeating terrorists overseas so we do not have to face them here at home.” --President George W. Bush

In other news from the Left...

John Kerry and his Breck Girl sidekick have been desperately trying to attract evangelicals. Last week, you’ll recall John Edwards’ utterly trial-lawyerly proclamation that if elected, quadriplegics would “walk, get up out of that wheelchair and walk again.” As for Kerry, his handlers have coached him on how to look more messianic (see ).

Speaking of looks, have you ever wondered why John Edwards is called “The Breck Girl”? (See -- ) Really, fellow Patriots -- you’ve got to see this one.

Undoubtedly, you know of someone who insists John Kerry is “fit for command.” We recommend you direct them to -- -- the Internet’s most comprehensive resource on the REAL JFK. is updated constantly. If they continue to insist that Kerry is fit, we recommend you direct them to the nearest detox center.

As the race moves into the final stretch, perhaps the two stupidest things said during the entire campaign have been said not by the candidates, but by their wives, Teresa Heinz-Kerry and Elizabeth Edwards.

On Thursday, after Kerry’s calculated comments about Mary Cheney’s being a lesbian, and the subsequent reaction of outrage by Lynne Cheney, Elizabeth Edwards said, “I think that [Lynne Cheney’s reaction] indicates a certain degree of shame with respect to her daughter’s sexual preferences.” Smooth move, Liz.

Not to be outdone, multi-million dollar heiress Teresa, with French-like accent in tow, came out with that mind-boggling ‘I-doubt-Laura-Bush-has-ever-had-a-real-job’ comment, when conceivably everyone in the English-speaking world knows the First Lady was a librarian and teacher.

“For Pete’s sake, ladies,” their hapless hubbies must be thinking, “stay OFF our side!”

Like their Demo matriarch before them, now-Senator and prez-nominee-in-waiting Rodham-Clinton-Rodham, these women have proven that there is absolutely nothing they won’t say to get their “partners” elected. After this year’s poison from Michael Moore, George Soros, Terry McAuliffe and Al Gore, and from candidates like Kerry, Edwards and Dean, it’s no wonder the Demo wives’ have likewise headed for the gutter. First- and Second Lady material? We think not. Even our “Breck Girl’’ has a better chance.

From the “Non Compos Mentis” Files...

We are shocked -- SHOCKED -- to report that more political contributions come from lawyers than any other profession. And would you believe it, the vast majority of the $132.4 million in graft they shelled out this year went to Demos. (To be sure, those evil oil and gas folks did give most of their political donations to Republicans -- but theirs was a trifling $12.8 million.)

From polls within the “margin of error,” to results within the “margin of litigation”... Eric Holder, formerly of the Clinton “Justice” Department and now a honcho with the Demos’ “Election Task Force,” made this startling prediction Sunday: “If every vote is allowed to be cast, and if every vote is counted, John Kerry will be president within a day of that election.” When pressed on the claim, Holder reiterated, “You heard it right here. If every vote is allowed to be cast and every vote is counted, John Kerry will be president.” Camp Kerry evidently is counting on (literally!) swamping the ballot boxes and demanding that even illegally cast ballots be counted. Otherwise, how could Holder make such a claim?

Memo to Mr. Holder: George W. Bush appears to have doubled his support among black voters since the 2000 election. So much for your party’s tried-and-true tactic of “keeping ‘em on the plantation.”

Predictably, Kerry and Edwards have signed up thousands -- yes, thousands -- of their lawyerly brethren to “observe” polling places in key states, like Florida, Ohio, and Pennsylvania. If the national election is not a landslide for President Bush (at least an eight- to ten- point spread) look for a landslide of legal challenges in any key state with less than a five-point spread.

We now can see the brilliant prescience of Richard Nixon. After losing the 1960 presidential race, he decided not to file legal challenges against the plethora of dead voters in Illinois and Texas because, while it may have been good for Nixon, it would have been bad for the country. Unfortunately, Algore was never so magnanimous. Neither, we believe, is John Kerry.

Thanks to Algore’s egotism and inability to accept defeat (a rather critical characteristic of a healthy democracy), this year we have more than the usual maneuvering over poll monitors. In fact, lawyers have already begun to file lawsuits. Whether those are legitimate actions intended to protect the integrity of the process or merely intimidation tactics, we do not know. (We do know, however, that if you can make $200-600 per hour ginning up lawsuits you can make a lot more money starting early and litigating all through the election.) Suffice it to say that after the Algore mess of 2000, we’re hoping for an electoral blowout.

Yet instead of ensuring the integrity of our voting process, such as by requiring picture ID, proof of citizenship, cross-checking of duplicate voter registrations (including those across state lines), and purging of felons, corpses and pets from the voter rolls, we have the carnival of litigating an election before the election is even held. Is it that important to ensure full employment of lawyers? Can we do nothing without involving lawyers? While we pray for an electoral blowout to send these lawyers packing early, indications are that Election Day could drag out well beyond 2 November.

1 comment:

Ichabod Crane said...

This was posted in the Federalist ( as a letter from a reader. It is very interesting, be sure to read it all, it just keeps getting better.

"While I agree with you that the missing records are a big question on Kerry's characterization of discharge, that discharge could not be a Dishonorable Discharge. I am a Judge Advocate General (JAG) officer of 14 years in the military. A DD is reserved for the worst offender under the Uniform Code of Military Justice and can only be given by a Court-Martial. Moreover, it is a characterization given to enlisted members of the military. Kerry, an officer, could receive a Dismissal as part of a Court-Martial sentence. While this is comparable to a DD, it can also only be given by a Court-Martial. Since it would have been next to impossible to cover up a Kerry Court-Martial, it is highly unlikely that he received a Dismissal. However, a less than honorable discharge characterization could have been given by another means under the Navy Regulations. I like you do find it quite curious that a board was involved in finally giving Kerry an Honorable Discharge after Carter became President. I come to the same conclusion that a less than Honorable Discharge characterization must have been given to Kerry's term of service." Editor's Reply: Obviously the title of this column was designed to draw attention not so much to questions about Kerry's discharge as to put some heat on Kerry to release ALL of his military records -- and it has done just that. As we said, we suspect that Kerry was discharged was "other than honorable." Our concern is that his unreleased records may reference proceedings (at the time he was separated from the Navy) to ongoing classified criminal investigations (which have been confirmed through FOI records) by the Justice Department (FBI) into the connections between the Kerry, the VVAW and Communist Party USA. The FOI documents we have received are so heavily redacted that it is difficult to determine the full extent of Kerry's connections to the CPUSA, and how that connection relates to his later meetings with Communists in Paris. The FBI's case file may have necessitated that a less than honorable discharge be negotiated for Kerry in order to protect ongoing investigations. Bottom line -- as we said, Kerry can dispute this charge by releasing ALL of his records -- NOW. We would be please to write a retraction -- if one is in order!