Skip to comments.Kerry apparently signed Form 180 for Brinkley — thereby waiving confidentiality
Posted on 09/03/2004 6:38:18 PM PDT by NavySEAL F-16
I had always assumed that Sen. Kerry had himself provided his biographer Douglas Brinkley with Kerry's official military records that were already in Sen. Kerry's hands. But in reviewing Brinkley's citations and references for ToD, I came upon this statement at page 520 of his "Acknowledgements" section (boldface mine):
Also with Kerry's permission, I obtained his Navy records and have used them as a reliable source.
I don't know any other way to interpret this than to presume that Kerry signed, and gave to Brinkley for Brinkley's submission to the DoD, Standard Form 180. Brinkley's wording "I obtained" indicates that he submitted the form and that the results were sent directly to him by the DoD.
If so, I believe that a strong argument can be made that by authorizing the DoD to release these confidential materials directly at the request, and into the hands of, one historian, Kerry thereby waived any and all rights to insist that he has a privilege to prevent their release to other interested members of the press, the academic community of historians, and the public. Brinkley's not Kerry's lawyer, wife, priest, or otherwise in a position such that sharing privileged information with him might not constitute a waiver.
The public disclosure of these records via Standard Form 180 is precisely what the SwiftVets have been demanding since May 2004. WaPo's Michael Dobbs has pointed out Kerry's refusal to release these records although he was too polite (or whatever) to use the perfectly apt phrases "cover-up" or "stonewall" in the same August 22nd article that Kerry's sympathizers in the media claim to have "knocked down" the SwiftVets' claims:
Some of the mystery surrounding exactly what happened on the Bay Hap River in March 1969 could be resolved by the full release of all relevant records and personal diaries. Much information is available from the Web sites of the Kerry campaign and Swift Boat Veterans for Truth, and the Navy archives. But both the Kerry and anti-Kerry camps continue to deny or ignore requests for other relevant documents, including Kerry's personal reminiscences (shared only with biographer Brinkley), the boat log of PCF-94 compiled by Medeiros (shared only with Brinkley) and the Chenoweth diary.
Although Kerry campaign officials insist that they have published Kerry's full military records on their Web site (with the exception of medical records shown briefly to reporters earlier this year), they have not permitted independent access to his original Navy records. A Freedom of Information Act request by The Post for Kerry's records produced six pages of information. A spokesman for the Navy Personnel Command, Mike McClellan, said he was not authorized to release the full file, which consists of at least a hundred pages.
Brinkley insists both in ToD's Author's Note (at page xiii) and in its Acknowledgements (at page 520) that Kerry "had no editorial control" over Brinkley's book manuscript or the entire biography project. Fine. If that's so, and if Brinkley didn't obtain Kerry's military records from Kerry as part of the personal archives subject to Kerry's exclusive control and subject to some sort of contractual restriction that would bind Brinkley, then nothing prevents Brinkley from handing them over to WaPo's Dobbs or any other reporter (or blogger, or SwiftVet).
Nothing, that is, except a partisan desire to help Kerry succeed in his cover-up.
Posted by Beldar at 07:30 PM in Politics, SwiftVets | Permalink | Comments (4)
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Not sure I buy this. As I understand it, if 180 had been signed, any request would allow anyone complete access to all of the hundreds of pages we have yet to see. If this is true, then Kerry might be in worse shape that even I thought he was.
But, but, but, those were the records that Kerry could not release because of a confidentiality agreement with Brinkley.....
If a Form 180 was signed, can't ANYONE get a copy because Kerry gave his permission for the Government to release the records? The Form 180 does not list WHO the Government can release the recors to does it? Can't we all get a copy now?
I think I saw links to where the records are kept. Shall we try our hand at FOIA document dumps, and make a request? I will be back online in a hour or so, and if you like we can get this underway.
Nah I think he obtained them from Kerry...
"Also with Kerry's permission, I obtained his Navy records and have used them as a reliable source."
Be serious -- Brinkley "Obtained" Kerry's Navy records from Kerry. Just like the selected reports Kerry has posted to his website.
Nowhere is it said that Brinkley got Kerry's records, that he got ALL of Kerry's records directly from the Pentagon.
Signing the 180 would mean that his records can be released publicly, not just to one person and no others.
Thank you sir, for your service and thank you for this intiguing idea.
Kerry can get his military records, for personal use, he DID NOT sign SF 180 because that would give the public access to the files.
I believe the public can only access these records if he signs the specific release for that in Section III of Form 180. Otherwise, only those he designates are given access.
You are correct.
I just went throught it (well a year ago). The SF 180 does not automatically allow anyone to get your records. All it does is give permission to send a copy of the specified documents to the designate.
I've always assumed Kerry signed a 180, otherwise he would not have the documents on his website. Since he is a control freak I'm sure he had all his records sent to himself and they he doled out what he thought made him look good.
Well then how does that explain the phone call Kerry made to Admiral Hoffman telling him that if he and the Swift Boat Vets didn't come out against him, he'd make sure that a revision was made in the book about them.
Does anybody really believe that Kerry, who had gone to so much trouble to create his own personal military record, would actually give an author free reign on a book that was specifically developed to propel him into the White House? Sorry. I might have been born at night, but it wasn't last night.
journalists have already tried to get Kerry's military records and they could only get like 6 pages, they said their was over 100 pages that they couldnt release. I believe the reporter that tried was Michael Dobbs from the Washington Post.
You can bet the DemocRAT 'smear the Swiftees' campaign will be kicked up to a whole new level now.
Support for the Swiftees is crucial right now, so they can get these ads on the air on REGULAR TV in battleground states.
FReepers are key in getting the word out about the righteousness of the SBVFT by exposing Kerry's FRAUD.
Swiftee window sticker thread - get yours! Freep mail for details.
2. Restrictions on release of information. Release of information is subject to restrictions imposed by the military services consistent with Department of Defense regulations ... Others requesting information from military personnel/health records must have the release authorization in Section III of the SF 180 signed by the member or legal guardian ...
The section III release authorization has three subpoints:
1. Requester is: member, next of kin, legal guardian, or other
2. Send information/documaents to: name and address of recipient
3. Authorization signature required. Signature, date, and email address
Authorizing release of the records to Brinkley doesn't allow release to anyone else without another authorization being signed.
Better to wait until mid-October to release all his military records.
"Obtained Navy records" may just be words to suggest the whole package without actually saying. The same chicanery is in the 24 May 1986 letter to Senator Kerry from the Navy National Personnel Records Center which transmits 9 specific documnets and starts with, "Your request of the 9th of May concerning documentation of your Naval Service..." It suggests that this is his whole record. It is far, far from that.
I do not agree that Brinkley had the package that would come in response to an unqualifed F-180. I believe he obtained whatever package of Navy records Kerry left on a desk in one of the mansions/palaces that Brinkley went over andpicked up.
I think you're exactly right about Kerry and his records. He needs to submit another 180 and this time sign the sec III release. We both know he will never do that, but he should be relentless pressured to do so and very publicly. I'll have O'Neill's ear a week from Friday. I'll bring this up.
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