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KERRY DISCHARGE - THE JIMMY CARTER LEGACY CONTINUES
MARK.SULLIVAN@CALAWCOUNSEL.COM | OTCOBER 29, 2004 | CAP'T DONALD L. NELSON,JAGC,USNR (Ret)

Posted on 10/30/2004 8:38:30 AM PDT by CHARLITE

Subject: KERRY DISCHARGE - THE JIMMY CARTER LEGACY CONTINUES

Words of Captain Donald L. Nelson, JAG corps USN ret I was on active duty as a U.S. Navy JAG when all of this was going on 25 to 30 years ago, and so was Mark F. Sullivan, who at all relevant times was the personal JAG to J. William Middendorf, then the Secretary of the Navy.

We are trying to break this absolutely true story nationwide, i.e., Fox News, C-Span, and hopefully the major networks. We are positive that John Kerry was one of those dishonorably dismissed from the Navy for collaborating with the Viet Cong after he was released from active duty but still in the Navy and for a totally unauthorized trip to Hanoi. He later got an "honorable" separation in 1978, some 12 years after joining the Navy, under President Carter's "Amnesty Program" for draft dodgers, deserters, and other malcontents who fled to Canada and Holland, among other places, to avoid military service to our country.

This is why he has refused, and continues to refuse, to release all of his Navy records: they reflect that he was Dishonorably Dismissed from the United States Naval Service. If they do not (which they do) he would have released them to the public. Again, he has not done so, because he well knows that the truth would kill his challenge to President Bush. If you would like to talk with me, I may be reached at telephone number (925) 964-0943 in Danville, California, or at DLNelsonSF@msn.com. Contact information for CAPT Sullivan is below.

Sincerely, DONALD L. NELSON CAPT, JAGC, USNR (Ret.)

Mark F. Sullivan Sullivan Taketa LLP 31351 Via Colinas, Suite 205 Westlake Village, CA 91362-4576 Tel. (818) 889-2299 mark.sullivan@calawcounsel.com


TOPICS: Government; History; Military/Veterans; Politics; Society
KEYWORDS: discharge; jimmycarter; johnkerry; kerry; military
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To: CHARLITE

bttt


21 posted on 10/30/2004 1:34:44 PM PDT by cgk (I'll keep posting it until you READ IT. Pay attention!)
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To: penowa
Big deal..No one cares, just as they did not care that Clinton got blow jobs in the oval office..

The moron voters who vote Dimowit, are pathetic
22 posted on 10/30/2004 1:35:53 PM PDT by AlexW
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To: Cold Heat

The story yesterday was that it was "Other than Honorable", which is below General and above Dishonorable


23 posted on 10/30/2004 1:36:04 PM PDT by rocklobster11
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To: Tumbleweed_Connection
" I knew he was discharged under the Carter "pardon legislation""

Just how would Kerrys (traitorous and probably illegal) anti-war activities been pardoned by Carter's EO? Here it is:

FOR IMMEDIATE RELEASE                                                   JANUARY 21, 1977


Office of the White House Press Secretary
-----------------------------------------------------------------------------------------------------------------
THE WHITE HOUSE

GRANTING PARDON FOR VIOLATIONS
OF THE SELECTIVE SERVICE ACT,
AUGUST 4, 1964 TO MARCH 28, 1973

----------------------------------------
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION

Acting pursuant to the grant of authority in Article II, Section 2, of the Constitution of the United States, I, Jimmy Carter, President of the United States, do hereby grant a full, complete and unconditional pardon to: (1) all persons who may have committed any offense between August 4, 1964 and March 28, 1973 in violation of the Military Selective Service Act or any rule or regulation promulgated thereunder; and (2) all persons heretofore convicted, irrespective of the date of conviction, of any offense committed between August 4, 1964 and March 28, 1973 in violation of the Military Selective Service Act, or any rule or regulation promulgated thereunder, restoring to them full political, civil and other rights.

This pardon does not apply to the following who are specifically excluded therefrom:

(1) All persons convicted of or who may have committed any offense in violation of the Military Selective Service Act, or any rule or regulation promulgated thereunder, involving force or violence; and

(2) All persons convicted of or who may have committed any offense in violation of the Military Selective Service Act, or any rule or regulation promulgated thereunder, in connection with duties or responsibilities arising out of employment as agents, officers or employees of the Military Selective Service system.

IN WITNESS WHEREOF, I have hereunto set my hand this 21st day of January, in the year of our Lord nineteen
hundred and seventy-seven, and of the Independence of the United States of America the two hundred and first.

JIMMY CARTER          

#   #   #

Executive Order

 

I really think this dishonorable discharge thing is a red herring. And it has been shot down so many times it is starting to look like it was intended to be a distraction.

24 posted on 10/30/2004 1:36:40 PM PDT by Manny Ortiz
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To: rocklobster11
Sure, maybe so.

The media of any stature will not touch this prior to the election. It is too late IMO.

The facts are not yet of evidenciary nature, and without them it is all speculation.

Good enough for a republican, but not a poor democrat. LOL!

My hopes have been unfortunately dashed, on this issue making breaking news prior to the election. It will become a fodder for later however.

25 posted on 10/30/2004 1:42:45 PM PDT by Cold Heat (http://ice.he.net/~freepnet/kerry/staticpages/index.php?page=20040531140357545)
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To: Manny Ortiz
Yes, we know all that. That is not the point.

The original discharge would destroy what vet support he has, and make a difference.

Sure, Carter did pardon him, but the offense committed also makes him inelligable for public office, according to the rules.

These are the issues, and both are important, regardless of the pardon by EO.

26 posted on 10/30/2004 1:47:01 PM PDT by Cold Heat (http://ice.he.net/~freepnet/kerry/staticpages/index.php?page=20040531140357545)
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To: Cold Heat

I don't think you read my post. I don't believe Kerry was pardoned under Carter's EO.

I believe this story is a red herring and that Kerry actually got an honorable discharge. We haven't seen any proof to the contrary.

That this story has been so heavily promoted without any factual documentation is suspect. Kerry has so many other problems.

Heck the Football Fans For Truth story on all of his bone-headed remarks and outright lies (such as running the Boston Marathon) is more effective.

If their info got half as much time as this non-story has gotten Kerry would be hurting (more).


27 posted on 10/30/2004 1:54:06 PM PDT by Manny Ortiz
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To: Manny Ortiz
Carters EO was used for much more than was intended.

Depends on the meaning of "is".

At the time, it was viewed as a general amnesty, and the numbers of people who took advantage of this was not known and intentionally hidden.

It is certainly understood that anyone punished under the previous laws were concidered, and the decision was made by a board.

28 posted on 10/30/2004 1:59:59 PM PDT by Cold Heat (http://ice.he.net/~freepnet/kerry/staticpages/index.php?page=20040531140357545)
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To: Manny Ortiz
This was supposed to be the October surprise, but I believe the witnesses were intimidated and refused to play at the last minute.

That only leaves accusations, and that is not enough.

29 posted on 10/30/2004 2:02:41 PM PDT by Cold Heat (http://ice.he.net/~freepnet/kerry/staticpages/index.php?page=20040531140357545)
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To: Cold Heat

It leaves undisclosed papers.


30 posted on 10/30/2004 2:03:56 PM PDT by Tumbleweed_Connection (www.whatyoucrave.com)
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To: Manny Ortiz
half as much time as this non-story

This story has gone noplace. No media has picked it up, except bloggers and Lipscomb.

It never went anywhere.

31 posted on 10/30/2004 2:05:08 PM PDT by Cold Heat (http://ice.he.net/~freepnet/kerry/staticpages/index.php?page=20040531140357545)
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To: Tumbleweed_Connection
Hmmmmmm......I wish!

The one paper needed, a copy of the original DD-214 remains protected under privacy law.

This will not change, and anyone who comes up with it will be prosecuted, unless they can claim whistle blower status, and that is a real risky proposition.

I for one am puttin it on the back burner until after the election.

Then we shall see, as time will be plentiful.

32 posted on 10/30/2004 2:09:38 PM PDT by Cold Heat (http://ice.he.net/~freepnet/kerry/staticpages/index.php?page=20040531140357545)
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To: Cold Heat

The liberals attempted to make a case out of a few months. How many years are we considering in Kerry's case?


33 posted on 10/30/2004 2:13:35 PM PDT by Tumbleweed_Connection (www.whatyoucrave.com)
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To: Manny Ortiz
. . . any rule or regulation promulgated thereunder . . .

THAT provides a lot of wiggle room.

34 posted on 10/30/2004 2:19:49 PM PDT by LibWhacker (Got a flu shot shortage? You can thank Kerry's running mate.)
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To: Tumbleweed_Connection
The libs started very early on Bush.

I am afraid Kerry looks like he got a pass, until it became clear that he was not releasing records.

Clinton Judges also participated to help the libs against Bush.

We still have much to do to level that playing field.

I don't like it, but it actually was worse a few years ago.

35 posted on 10/30/2004 2:20:07 PM PDT by Cold Heat (http://ice.he.net/~freepnet/kerry/staticpages/index.php?page=20040531140357545)
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To: Cold Heat

The word directly from NC is that the discharge was "less than honorable" for an officer that's similar to what is now called an "undesirable" discharge for an enlisted man.

From a political perspective it shouldn't make a lot of difference as the cause was his collusion the NVC (North Vietnamese Communists).

Lipscomb's article is going to be key. I'm told NC was shut down by him for leaking the story too early. That's why the thread was pulled from Swiftvets yesterday. Also, Swiftvets Leadership stood down the planned Rally for Sunday for similar reasons.

If you do a little research you'll find out who the only living SecNav from the era could be. Putting some pressure on him outside of the Swiftvet umbrella may help.


36 posted on 10/30/2004 2:28:55 PM PDT by ASPB RiverRat
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To: ASPB RiverRat

Paul R. Ignatius...............................1 Sep 19 - 24 Jan 1969
John H. Chafee...............................31 Jan 1969 - 4 May 1972
John W. Warner.............................4 May 1972 - 8 Apr 1974
J. William Middendorf....................8 Apr 1974 - 20 Jan 1977
W. Graham Claytor, Jr...................14 Feb 1977 - 24 Aug 1979
Edward Hidalgo..............................24 Oct 1979 - 20 Jan 1981
John Lehman..................................5 Feb 1981 - 10 Apr 1987
James H. Webb............................. 1 May 1987 - 23 Feb 1988
William L. Ball............................... 28 Mar 1988 - 15 May 1989


37 posted on 10/30/2004 2:36:35 PM PDT by Cold Heat (http://ice.he.net/~freepnet/kerry/staticpages/index.php?page=20040531140357545)
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To: cgk

bttt


38 posted on 10/30/2004 2:47:29 PM PDT by wildcatf4f3 (out of the sun)
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To: All

Please note that Sullivan is tied to a former Sec of the Nav......perhaps the guy that NavyChief thought he had.

(chief is saying a lot of pressure is being exerted behind the scenes that has caused him to stand down)


39 posted on 10/30/2004 2:49:13 PM PDT by rwfromkansas (BYPASS FORCED WEB REGISTRATION! **** http://www.bugmenot.com ****)
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To: Cold Heat

The libs started very early on Bush's record because they knew that this was coming. Premptive smear campaign.


40 posted on 10/30/2004 2:51:13 PM PDT by wildcatf4f3 (out of the sun)
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