Precinct 333

Monday, August 23, 2004

United States Code, Title 10, Chapter 47, Article 104

Seems like John Kerry might have a little legal problem still hanging over his head, according the Uniform Code of Military Justice.

Any person who--

(1) aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or

(2) without proper authority, knowingly harbors or protects or gives intelligence to or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly;

shall suffer death or such other punishment as a court-martial or military commission may direct.

Now according to this document on Kerry's own website, Kerry was promoted to Lieutenant on January 1, 1970, and placed on inactive reserve status on January 3, 1970. He remained on that status until his transfer to the inactive Standby Reserve on July 1, 1972. Kerry was not discharged until February 16, 1978.

You may be asking how these two bits of information relate.

In April 1971, Kerry testified before the Senate that he met with representatives of the North Vietnamese government and the Viet Cong in Paris in May 1970. They discussed diplomatic means of ending the war. Upon his return to the United States, Kerry then worked to implement the plans he discussed with these enemy representatives during time of armed conflict. Kerry also served as a leader of Vietnam Veterans Against the War during this time, and the group sent several other delegations to meet with the enemy leadership. Kerry himself did so during the summer of 1971.

Thus it would seem that Kerry committed a clear violation of the Uniform Code of Military Justice -- and that the statute of limitations is still running on this. That may be why the Kerry campaign twice glosses over the period after his transfer to inactive status, here making it appear that he was out of the Navy completely and here skipping over the thirty months by making it appear there was a break in his service. But the official document referenced above tells the true story about his service, and points out this glaring problem.

I guess this raises a couple of questions in my mind. Should George W. Bush formally issue John Kerry a pardon for this offense? Or will Kerry pardon himself if he becomes president? Does this constitute a "high crime or misdemeanor" for impeachment purposes? Or should Kerry be recalled to active duty, prosecuted and either imprisoned or executed under this provision of the UCMJ?

A big "thank you" to for this one.


Creative Commons License
This work is licensed under a
Creative Commons License.