Please read the whole thing before voting.
DISCLAIMER: This document reflects only the result of the work of the author. No agency, group, or individual other than is represented here.
This is a JAG Manual Format (Command Investigation) project. The text is based on the Investigating Officers report to the Commanding Officer and consists of four distinct parts.
The first statement is the subject line. It is intended to concisely describe the specific purpose of the investigation. For those inclined to Nitpick, see chapter 2 of the JAG Manual.
The next section is Findings of Fact. Each fact connected with the investigation is listed sequentially. Each fact must be supported by an item or items of evidence. For this project the sources will be internet based and linked in the body of each fact asserted.
After findings of fact come the Opinions section. Each opinion must be based on facts. The facts must be cited.
Finally the last section is recommendations. Each recommendation must be based on one or more of the opinions presented. The opinions must be cited.
Once completed the JAG is turned into the Commanding Officer for review. He/She will then add an endorsement page with his/her decision. Obviously this project will stop short of a decision.
Subj: Investigation concerning post Vietnam actions undertaken by John Forbes Kerry to determine if his actions were treason.
FINDINGS OF FACT:
1. That John F. Kerry enlisted in the US Navy Reserve on February 18, 1966. Encl 1
2. That John Kerry was on active duty in the U.S. Navy for three years and eight months, from August 1966 until March 1970. Encl 1
3. That John F. Kerry served in the US Navy Reserve from March 2 1970 until February 1972. Encl 1
4. That John F. Kerry received an Honorable discharge from the Naval Reserve on February 16, 1978. Encl 6
5. That John F. Kerry received his commission on December 16 1966. Encl 1
6. That the Uniform Code of Military Justice (UCMJ) applies to all military personnel worldwide to include members of the inactive reserve. Encl 5, Encl 7
7. That article 104 of the UCMJ is applicable to all persons whether civil or military. Encl 7
8. That John F. Kerry was subject to the Uniform Code of Military Justice from February 18, 1966 to February 16, 1978. Encl 1, Encl 5, Encl 6
9. That John F. Kerry visited Paris in June of 1970 and met with Madame Nguyen Thi Binh. Encl 7, Encl 8
10. That John F. Kerry testified before Congress on April 23, 1971. Encl 9
11. That during Senate testimony John F. Kerry stated that he witnessed various atrocities during his tour of duty in Vietnam. Encl 9
12. That John F. Kerry stated that the atrocities were known to all levels of command. Encl 9
13. That John F. Kerry stated that he participated in the atrocities referred to during his Senate testimony. Encl 9
14. That John F. Kerry specifically endorsed the proposals of the communist delegation he had met with in June 1970 during his Senate testimony. Encl 6
15. That the North Vietnamese Government benefited from John F. Kerry's testimony. Encl 10 Encl 11 Encl 15
16. That the North Vietnamese Government created propaganda based in part on John F. Kerry's antiwar activities. Encl 10 Encl 11 Encl 15
17. That The Constitution of the United States , Art. III, defines treason against the United States to consist only in levying war against them, or in adhering to their enemies, giving them aid or comfort. This offence is punished with death. By the same article of the Constitution, no person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court. Encl 12
18. That Per the US Supreme Court ruling in Gorin v. United States treason requires a specific intent, and a specific intent both to aid the enemy and to injure the United States. Encl 13
19. That Chief Justice Marshall, in explanation of the Levying War Clause in Article III stated that an overt act was needed to fulfill the requirement. He further clarified the statement by saying "if a body of men be actually assembled for the purpose of effecting by force a treasonable purpose, all those who perform any part, however minute, or however remote from the scene of action, and who are actually leagued in the general conspiracy, are to be considered as traitors." Encl 14
20. That TITLE 18 CHAPTER 115--TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES Sec. 2381 states: "Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States." Encl 16</ol>
OPINIONS:
1. John Kerry was legally accepted into the US Naval Reserve, was Commissioned, served on Active Duty in the Southeast Asia theater of operations and was lawfully required to adhere to the customs, regulations, and orders pertaining to service in the United States Navy. Thus John F. Kerry was "owing allegiance to the United States". (Finding of Facts 1, 2, 3, 4, 5, 6, 7, 8, 20)
2. John Kerry was subject to the Uniform Code of Military Justice, specifically Article 104, during his visit to Paris. (Finding of Facts 8, 9)
3. By his own admission John Kerry violated Article 104 of the Uniform Code of Military Justice. (Finding of Facts 10)
4. By his own admission John Kerry was aware of alleged war crimes and failed to either correct the situation or report same to his superiors as was his sworn duty. (Finding of Facts 11)
5. By his own admission, John Kerry committed atrocities which violated the law of land warfare. (Finding of Facts 13)
6. That John Kerry's open endorsement of the communist delegation proposals constituted adhering to the enemy. (Finding of Facts 14, 17)
7. That his actions in total constituted giving aid and comfort to the enemy. (Finding of Facts 14, 15, 16)
8. That the preceeding actions in total meet the legal definition of Treason. (Finding of Facts 17, 18, 19, 20)</ol>
RECOMMENDATIONS:
1. That John Kerry be further investigated under article 32 of the UCMJ to specifically create appropriate charges for violation of article 104. (Opinion 3)
2. That John Kerry be further investigated under article 32 to address the potential charges that may be levied at trial for crimes against humanity. (Opinion 5)
3. That John Kerry be suspended from his duties as a Senator of these United States until questions of treason are lawfully addressed. (Opinion 8)
DISCLAIMER: This document reflects only the result of the work of the author. No agency, group, or individual other than is represented here.
This is a JAG Manual Format (Command Investigation) project. The text is based on the Investigating Officers report to the Commanding Officer and consists of four distinct parts.
The first statement is the subject line. It is intended to concisely describe the specific purpose of the investigation. For those inclined to Nitpick, see chapter 2 of the JAG Manual.
The next section is Findings of Fact. Each fact connected with the investigation is listed sequentially. Each fact must be supported by an item or items of evidence. For this project the sources will be internet based and linked in the body of each fact asserted.
After findings of fact come the Opinions section. Each opinion must be based on facts. The facts must be cited.
Finally the last section is recommendations. Each recommendation must be based on one or more of the opinions presented. The opinions must be cited.
Once completed the JAG is turned into the Commanding Officer for review. He/She will then add an endorsement page with his/her decision. Obviously this project will stop short of a decision.
Subj: Investigation concerning post Vietnam actions undertaken by John Forbes Kerry to determine if his actions were treason.
FINDINGS OF FACT:
1. That John F. Kerry enlisted in the US Navy Reserve on February 18, 1966. Encl 1
2. That John Kerry was on active duty in the U.S. Navy for three years and eight months, from August 1966 until March 1970. Encl 1
3. That John F. Kerry served in the US Navy Reserve from March 2 1970 until February 1972. Encl 1
4. That John F. Kerry received an Honorable discharge from the Naval Reserve on February 16, 1978. Encl 6
5. That John F. Kerry received his commission on December 16 1966. Encl 1
6. That the Uniform Code of Military Justice (UCMJ) applies to all military personnel worldwide to include members of the inactive reserve. Encl 5, Encl 7
7. That article 104 of the UCMJ is applicable to all persons whether civil or military. Encl 7
8. That John F. Kerry was subject to the Uniform Code of Military Justice from February 18, 1966 to February 16, 1978. Encl 1, Encl 5, Encl 6
9. That John F. Kerry visited Paris in June of 1970 and met with Madame Nguyen Thi Binh. Encl 7, Encl 8
10. That John F. Kerry testified before Congress on April 23, 1971. Encl 9
11. That during Senate testimony John F. Kerry stated that he witnessed various atrocities during his tour of duty in Vietnam. Encl 9
12. That John F. Kerry stated that the atrocities were known to all levels of command. Encl 9
13. That John F. Kerry stated that he participated in the atrocities referred to during his Senate testimony. Encl 9
14. That John F. Kerry specifically endorsed the proposals of the communist delegation he had met with in June 1970 during his Senate testimony. Encl 6
15. That the North Vietnamese Government benefited from John F. Kerry's testimony. Encl 10 Encl 11 Encl 15
16. That the North Vietnamese Government created propaganda based in part on John F. Kerry's antiwar activities. Encl 10 Encl 11 Encl 15
17. That The Constitution of the United States , Art. III, defines treason against the United States to consist only in levying war against them, or in adhering to their enemies, giving them aid or comfort. This offence is punished with death. By the same article of the Constitution, no person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court. Encl 12
18. That Per the US Supreme Court ruling in Gorin v. United States treason requires a specific intent, and a specific intent both to aid the enemy and to injure the United States. Encl 13
19. That Chief Justice Marshall, in explanation of the Levying War Clause in Article III stated that an overt act was needed to fulfill the requirement. He further clarified the statement by saying "if a body of men be actually assembled for the purpose of effecting by force a treasonable purpose, all those who perform any part, however minute, or however remote from the scene of action, and who are actually leagued in the general conspiracy, are to be considered as traitors." Encl 14
20. That TITLE 18 CHAPTER 115--TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES Sec. 2381 states: "Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States." Encl 16</ol>
OPINIONS:
1. John Kerry was legally accepted into the US Naval Reserve, was Commissioned, served on Active Duty in the Southeast Asia theater of operations and was lawfully required to adhere to the customs, regulations, and orders pertaining to service in the United States Navy. Thus John F. Kerry was "owing allegiance to the United States". (Finding of Facts 1, 2, 3, 4, 5, 6, 7, 8, 20)
2. John Kerry was subject to the Uniform Code of Military Justice, specifically Article 104, during his visit to Paris. (Finding of Facts 8, 9)
3. By his own admission John Kerry violated Article 104 of the Uniform Code of Military Justice. (Finding of Facts 10)
4. By his own admission John Kerry was aware of alleged war crimes and failed to either correct the situation or report same to his superiors as was his sworn duty. (Finding of Facts 11)
5. By his own admission, John Kerry committed atrocities which violated the law of land warfare. (Finding of Facts 13)
6. That John Kerry's open endorsement of the communist delegation proposals constituted adhering to the enemy. (Finding of Facts 14, 17)
7. That his actions in total constituted giving aid and comfort to the enemy. (Finding of Facts 14, 15, 16)
8. That the preceeding actions in total meet the legal definition of Treason. (Finding of Facts 17, 18, 19, 20)</ol>
RECOMMENDATIONS:
1. That John Kerry be further investigated under article 32 of the UCMJ to specifically create appropriate charges for violation of article 104. (Opinion 3)
2. That John Kerry be further investigated under article 32 to address the potential charges that may be levied at trial for crimes against humanity. (Opinion 5)
3. That John Kerry be suspended from his duties as a Senator of these United States until questions of treason are lawfully addressed. (Opinion 8)
