Kerry For Real.....or Phoney....u Decide
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John Kerry And
The MIA Cover-Up
1-23-4
SENATE SELECT COMMITTEE TESTIMONY & DEPOSITIONS
Memos of John F. McCreary April 27, 1992
Memorandum for: Vice Chairman, Senate Select Committee on Prisoners of War and Missing in Action
From: John F. McCreary
Subject: Legal Misconduct and Possible Malpractice in the Select Committee
1. As a member of the Virginia State Bar, I am obliged by Disciplinary Rule DR-1-103(a) to report knowledge of misconduct by an attorney "to a tribunal or other authority empowered to investigate or act upon such violations." Under Rule IV, Paragraph 13, of the Rules for the integration of the Virginia State Bar, this obligation follows me as a member of the Bar, regardless of the location of my employment, for as long as I remain a member of the Virginia State Bar. Therefore, I am obliged, as a matter of law and under pain of discipline by the Virginia State Bar, to report to you my knowledge of misconduct and possible prima facie malpractice by attorneys on the Select Committee in ordering the destruction of Staff documents containing Staff intelligence findings on 9 April 1992 and in statements in meetings on 15 and 16 April to justify the destruction.
2. The attached Memoranda For the Record, one by myself and another by Mr. Jon D. Holstine, describe the relevant facts, which I summarize herein:
a. On 9 April 1992, the Chairman of the Senate Select Committee, Senator John Kerry of Massachusetts, in response to a protest by other members of the Select Committee, told the Select Committee members that "all copies" would be destroyed. This statement was made in the presence of the undersigned and of the Staff Chief Counsel who offered no protest.
b. Later on 9 April 1992, the Staff Director, Frances Zwenig, an attorney, repeated and insured the execution of Senator Kerry's order for the destruction of the Staff intelligence briefing text. I personally delivered to Mr. Barry Valentine, the Security Manager for SRB-78, the original printed version of the intelligence briefing text. I also verified that the original was destroyed by shredding in the Office of Senate Security on 10 April 1992, along with 14 copies.
c. On 15 April 1992, the Staff Chief Counsel, J. William Codinha of Massachusetts, when advised by members if the Staff about their concerns over the possible criminal consequences of destroying documents, minimized the significance of the act of destruction; ridiculed the Staff members for expressing their concerns; and replied, in response to questions about the potential consequences, "Who's the injured party," and "How are they going to find out because its classified." Mr. Codinha repeatedly defended the destruction of the documents and gave no assurances or indications that any copies of the intelligence briefing text existed.
d. On 16 April, the Chairman of the Senate Select Committee, Senator John Kerry, stated that he gave the order to destroy "extraneous copies of the documents" and that no one objected. Moreover, he stated that the issue was "moot" because the original remained in the Office of Senate Security "all along."
e. I subsequently learned that the Staff Director had deposited a copy of the intelligence briefing text in the Office of Senate Security at 1307 on 16 April.
3. The foregoing facts establish potentially a prima facie violation of criminal law and a pattern of violations of legal ethics by attorneys in acts of commission and omission.
a. It is hornbook law that an attorney may not direct the commission of a crime. In this incident two attorneys, one by his own admission, ordered the destruction of documents, which could be violation of criminal law.
b. Neither the Staff Chief Counsel nor any member of the Select Committee made a protest or uttered words of caution against the destruction of documents, by admission of the Chairman, Senator Kerry. The Chief Counsel has an affirmative duty to advise the Staff about the legality of its actions, and, in fact, had earlier issued the general prohibition to the Staff against document destruction.
c. The Chief Counsel's statements during the 15 April meeting to discuss the document destruction showed no regard for the legality of the action and displayed to the Staff only a concern about getting caught. By his words and actions, he presented to the Staff investigators an interpretation of the confidentiality and security rules that the rules of the Select Committee may be used to cover-up potentially unethical or illegal activity.
d. The Staff Director's action in placing an unaccounted for copy of the intelligence briefing text in the Office of Senate Security on 16 April constitutes an act to cover-up the destruction. Throughout the 16 April meeting, all three attorneys persisted in stating that the document had been on file since 9 April. This is simply not true.
4. I believe that the foregoing facts establish a pattern of grave legal misconduct - possibly including orders to commit a crime, followed by acts to justify and then to cover-up that crime. Even absent criminal liability, the behavioral pattern of the attorneys involved plays fast and loose with the Canons of Legal Ethics and establishes that one or more of the attorneys on the Select Committee are unfit to practice law. I am obliged to recommend that this report be filed with the appropriate disciplinary authorities of the State Bars in which these attorneys are members.
(Signed)
John F. McCreary, Esquire
Vietnam Veterans Against the War Statement by John Kerry to the Senate Committee of F
Vietnam Veterans Against the War Statement by John Kerry to the Senate Committee of Foreign Relations
April 23, 1971
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I would like to talk on behalf of all those veterans and say that several months ago in Detroit we had an investigation at which over 150 honorably discharged, and many very highly decorated, veterans testified to war crimes committed in Southeast Asia. These were not isolated incidents but crimes committed on a day-to-day basis with the full awareness of officers at all levels of command. It is impossible to describe to you exactly what did happen in Detroit - the emotions in the room and the feelings of the men who were reliving their experiences in Vietnam. They relived the absolute horror of what this country, in a sense, made them do.
They told stories that at times they had personally raped, cut off ears, cut off heads, taped wires from portable telephones to human genitals and turned up the power, cut off limbs, blown up bodies, randomly shot at civilians, razed villages in fashion reminiscent of Ghengis Khan, shot cattle and dogs for fun, poisoned food stocks, and generally ravaged the countryside of South Vietnam in addition to the normal ravage of war and the normal and very particular ravaging which is done by the applied bombing power of this country.
We call this investigation the Winter Soldier Investigation. The term Winter Soldier is a play on words of Thomas Paine's in 1776 when he spoke of the Sunshine Patriots and summertime soldiers who deserted at Valley Forge because the going was rough.
We who have come here to Washington have come here because we feel we have to be winter soldiers now. We could come back to this country, we could be quiet, we could hold our silence, we could not tell what went on in Vietnam, but we feel because of what threatens this country, not the reds, but the crimes which we are committing that threaten it, that we have to speak out....
In our opinion and from our experience, there is nothing in South Vietnam which could happen that realistically threatens the United States of America. And to attempt to justify the loss of one American life in Vietnam, Cambodia or Laos by linking such loss to the preservation of freedom, which those misfits supposedly abuse, is to us the height of criminal hypocrisy, and it is that kind of hypocrisy which we feel has torn this country apart.
We found that not only was it a civil war, an effort by a people who had for years been seeking their liberation from any colonial influence whatsoever, but also we found that the Vietnamese whom we had enthusiastically molded after our own image were hard put to take up the fight against the threat we were supposedly saving them from.
We found most people didn't even know the difference between communism and democracy. They only wanted to work in rice paddies without helicopters strafing them and bombs with napalm burning their villages and tearing their country apart. They wanted everything to do with the war, particularly with this foreign presence of the United States of America, to leave them alone in peace, and they practiced the art of survival by siding with whichever military force was present at a particular time, be it Viet Cong, North Vietnamese or American.
We found also that all too often American men were dying in those rice paddies for want of support from their allies. We saw first hand how monies from American taxes were used for a corrupt dictatorial regime. We saw that many people in this country had a one-sided idea of who was kept free by the flag, and blacks provided the highest percentage of casualties. We saw Vietnam ravaged equally by American bombs and search and destroy missions, as well as by Viet Cong terrorism - and yet we listened while this country tried to blame all of the havoc on the Viet Cong.
We rationalized destroying villages in order to save them. We saw America lose her sense of morality as she accepted very coolly a My Lai and refused to give up the image of American soldiers who hand out chocolate bars and chewing gum.
We learned the meaning of free fire zones, shooting anything that moves, and we watched while America placed a cheapness on the lives of orientals.
We watched the United States falsification of body counts, in fact the glorification of body counts. We listened while month after month we were told the back of the enemy was about to break. We fought using weapons against "oriental human beings." We fought using weapons against those people which I do not believe this country would dream of using were we fighting in the European theater. We watched while men charged up hills because a general said that hill has to be taken, and after losing one platoon or two platoons they marched away to leave the hill for reoccupation by the North Vietnamese. We watched pride allow the most unimportant battles to be blown into extravaganzas, because we couldn't lose, and we couldn't retreat, and because it didn't matter how many American bodies were lost to prove that point, and so there were Hamburger Hills and Khe Sanhs and Hill 81s and Fire Base 6s, and so many others.
Now we are told that the men who fought there must watch quietly while American lives are lost so that we can exercise the incredible arrogance of Vietnamizing the Vietnamese.
Each day to facilitate the process by which the United States washes her hands of Vietnam someone has to give up his life so that the United States doesn't have to admit something that the entire world already knows, so that we can't say that we have made a mistake. Someone has to die so that President Nixon won't be, and these are his words, "the first President to lose a war."
We are asking Americans to think about that because how do you ask a man to be the last man to die in Vietnam? How do you ask a man to be the last man to die for a mistake?....We are here in Washington to say that the problem of this war is not just a question of war and diplomacy. It is part and parcel of everything that we are trying as human beings to communicate to people in this country - the question of racism which is rampant in the military, and so many other questions such as the use of weapons; the hypocrisy in our taking umbrage at the Geneva Conventions and using that as justification for a continuation of this war when we are more guilty than any other body of violations of those Geneva Conventions; in the use of free fire zones, harassment interdiction fire, search and destroy missions, the bombings, the torture of prisoners, all accepted policy by many units in South Vietnam. That is what we are trying to say. It is part and parcel of everything.
An American Indian friend of mine who lives in the Indian Nation of Alcatraz put it to me very succinctly. He told me how as a boy on an Indian reservation he had watched television and he used to cheer the cowboys when they came in and shot the Indians, and then suddenly one day he stopped in Vietnam and he said, "my God, I am doing to these people the very same thing that was done to my people," and he stopped. And that is what we are trying to say, that we think this thing has to end.
We are here to ask, and we are here to ask vehemently, where are the leaders of our country? Where is the leadership? We're here to ask where are McNamara, Rostow, Bundy, Gilpatrick, and so many others? Where are they now that we, the men they sent off to war, have returned? These are the commanders who have deserted their troops. And there is no more serious crime in the laws of war. The Army says they never leave their wounded. The marines say they never even leave their dead. These men have left all the casualties and retreated behind a pious shield of public rectitude. They've left the real stuff of their reputations bleaching behind them in the sun in this country....
We wish that a merciful God could wipe away our own memories of that service as easily as this administration has wiped away their memories of us. But all that they have done and all that they can do by this denial is to make more clear than ever our own determination to undertake one last mission - to search out and destroy the last vestige of this barbaric war, to pacify our own hearts, to conquer the hate and fear that have driven this country these last ten years and more. And more. And so when thirty years from now our brothers go down the street without a leg, without an arm, or a face, and small boys ask why, we will be able to say "Vietnam" and not mean a desert, not a filthy obscene memory, but mean instead where America finally turned and where soldiers like us helped it in the turning.
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This text is made available by the Sixties Project, sponsored by Viet Nam Generation Inc. and the Institute of Advanced Technology in the Humanities at the University of Virginia at Charlottesville. The Sixties Project is a collective of humanities scholars working together on the Internet to use electronic resources to provide routes of collaboration and make available primary and secondary sources for researchers, students, teachers, writers and librarians interested in the 1960s.
http://pages.xtn.net/~wingman/docs/kerryst.htm