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Official Misconduct! Kerry Abused His Senate Position to Broker Sweatheart Deal for Forbes Cousin
various

Posted on 10/25/2004 7:27:46 AM PDT by jmstein7

Reports indicate that Democratic nominee, Senator John Kerry, committed official misconduct in 1994, abusing his position as Chairman of the Senate Select Committee on POW/MIA by suppressing evidence of live prisoners of war in Vietnam to give his cousin's company a billion dollar deal.

 

As Chairman of the Senate Select Committee on POW/MIA in the early 1990s, Senator Kerry lobbied zealously for normalized relations with Vietnam.  As a result, his cousin, C. Stewart Forbes, was able to broker a billion dollar deal between Hanoi and Colliers International, a large company based in Kerry's home state of Massachusetts. 

 

Further, according to the Toronto Sun, , Baltimore Sun, Washington Times, et al, in a multitude of articles in February of 1994, there is credible evidence that his committee suppressed evidence – including live sightings – that there were still indeed American prisoners in Vietnam. 

 

If introduced, this evidence may have prevented the normalized relations Kerry sought – normalized relations that were paramount to sealing the Colliers deal. 

 

Some investigators have charged that Kerry actually threatened that, if the suppressed evidence ever leaked out, that they would “wish [they’d] never been born.” 

 

Developing...


TOPICS: Extended News
KEYWORDS: anotheruselessvanity; kerry; powmia; useanexistingthread; vietnam
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To: nuconvert

Kerry buried the still-missing MIA's/POW's by destroying the report of his committee that contained damaging evidence that Vietnam lied and held live POW's after the war.

The POW/MIA families and their spokesmen have known this for years. Their voices have been ignored by MSM investigative reporters.

Do not expect this to be explored in depth even now, because SENATOR JOHN MCCAIN is also complicit.

FYI: Just one background piece
http://www.vnsfvetakerry.com/KerrybetrayPOWMIA.htm


Why Families Say Kerry Betrayed POWs and MIAs
Dave Eberhart, NewsMax.com
Friday, Feb. 13, 2004

Putative presidential nominee Sen. John Forbes Kerry, D-Mass., began his involvement with the nation’s painful POW/MIA drama long before entering the hallowed halls of American political power.

In April 1971, when as a leader of Vietnam Veterans Against the War, he gave his infamous war-bashing testimony before the Senate Foreign Relations Committee, Kerry did not stop at declaring that he and many other veterans of that conflict were war criminals.

Pointedly, Kerry also insisted that the United States had a definite obligation to make extensive economic reparations to the people of Vietnam.

Specifically, the newly discharged Navy veteran was an advocate of the so-called “People’s Peace Treaty,” a tome reportedly drafted up in communist East Germany. Its nine points closely followed the enemy Viet Cong’s proposals being touted at the Paris peace talks as a quid pro quo for ending the fighting.

What rankles many Vietnam veterans today is that Kerry’s blatant advocacy of the enemy's position occurred while hundreds of captured American fighting men suffered and languished as prisoners of war in North Vietnamese prisons.

Keep the POWs Hostage
Until the Communists Get Their Way

A key provision of the enemy platform supported by Kerry:

“The Vietnamese pledge that as soon as the U.S. government publicly sets a date for total withdrawal [from Vietnam], they will enter discussion to secure the release of all American prisoners, including pilots captured while bombing North Vietnam.”

In the end, of course, the American leadership wanted nothing to do with a sham proposition that called for the withdrawal of all U.S. troops from Vietnam first, followed later by negotiations for the release of prisoners.

Some observers suggest that the perfidy of the youthful Kerry had not much tempered by the time, when as a U.S. senator, he was frocked as chairman of the Senate Select Committee on POW/MIA Affairs in 1992.

To many Kerry's agenda as chairman appeared to be more about racing to the normalization of relations with Vietnam than ending the miseries of POW/MIA survivors thirsting for definitive answers as to what happened to their men.

Visiting Vietnam, Kerry repeatedly angered the homefolk by praising his former enemy for being open and reporting he was convinced they were not holding American POWs.

In the end, Kerry and his committee determined in a 500-page final report that American POWs were left alive in Vietnam after the war but felt none were still alive. It made no attempt to identify those left behind, how they died, who killed them or where their remains might be located.

Many POW/MIA families simply didn’t believe him, and they were soon given more to ruminate on as to what could have driven Kerry to such unsatisfying and incomplete conclusions.

Multimillion-Dollar Incentive to 'Reward Vietnam'

Shortly after Kerry declared to the world, “President Bush should reward Vietnam within a month for its increased cooperation in accounting for American MIAs,” Vietnam announced it had granted Colliers International, based in Boston, a contract worth millions.

Designating Colliers International as the exclusive real estate agent representing Vietnam, the communist regime positioned the company to rake in tens of millions of dollars in future contracts to upgrade Vietnam’s ports, railroads and other infrastructure.

C. Stewart Forbes, chief executive officer of Colliers International, is John Forbes Kerry’s cousin.

The saga, however, does not end there. There remains the nettlesome matter of the document shredding.

John F. McCreary, a Defense Intelligence Agency analyst assigned to Kerry’s committee, is a member of the Virginia State Bar and consequently saw an obligation to report what he suspected was misconduct by Kerry, also an attorney governed by the lawyers’ ethic code.

McCreary felt duty-bound to report knowledge of Kerry’s document shredding – specifically, the intelligence briefing text - to Vice Chairman Bob Smith.

Kerry: Destroy All Copies

A memorandum by McCreary: “Sen. John Kerry ... 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.”

On April 9, 1992, McCreary verified that the original document was destroyed, as well as 14 copies.

The McCreary memo continued: “On 15 April 1992, the Staff Chief Counsel, J. William Codinha ... 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.’”

To defuse the growing crisis, on April 16 Kerry stated that the original documents had remained in the Office of Senate Security all along, so nothing wrong had been done.

But according to McCreary: “The Staff Director had deposited a copy of the intelligence briefing text in the Office of Senate Security at 1307 on 16 April.”

Kerry had, according to McCreary, ordered a non-original copy of the document entered into the Office of Senate Security, but only after protests from staff caused him to rethink complete destruction of the documents.

Cover-up

As McCreary stated at the time, this “constituted an act to cover up the destruction.”

Ironically, the Kerry campaign's Web site states: “When John Kerry returned home from Vietnam, he joined his fellow veterans in vowing never to abandon future veterans of America’s wars. Kerry’s commitment to veterans has never wavered and stands strong to this day.”

Kerry's Deceit-POW/MIA Issues


Senator Kerry has recently claimed he had all POW/MIA documentation found by the Senate Select Committee on POW/MIA Affairs (1993) declassified. That is not true. He had it all sent to the National Archives where the National Archives refused to have the documentation declassified. As a representative of the National Alliance of POW/MIA Families, I had all the Department of Defense (DOD) and State Department documents declassified after a five (5) years of delays and the refusal of help from Senator Kerry's office. I had repeatedly been turned away by Senator Kerry Staff and told the records were no longer of concern to Senator Kerry. I was told the committee had ended and I should contact the Department of Defense where I was stalled by their classification office.


In May 1998 I filed a Freedom of Information act law suit that resulted in: 1) The National Archives put over 30 people on the declassification of the above mentioned DOD and State Department documents, and 2) that 40,000 pages CIA documents never declassified -- were declassified.

Kerry's Conflict of Interest


Senator John Kerry has stated that Senate Select Committee on POW/MIA Affairs found that there were no live POW/MIAs left from the Vietnam War. He ignored some and hid other evidence. There are approximately 85 American POWs, known captured by the North Vietnamese, that they still fail to report on. Senator Kerry ignores such facts to prove none are alive. The were 60 POWs held by the communists in Laos in 1973. Henry Kissinger never negotiated for them in 1973, Senator Kerry refused to seek out their fate and present status so he could maintain his position that none survive today. He failed to check very far on Korea, reports on live POW/MIAs are being withheld to this date.

The information on the survival of Navy "Gulf War" pilot Capt. Michael Speicher, after he was shot down the first day of the war, was suppressed until the public forced out the truth. In 2003 the Navy changed Capt. Speicher's status to Captured after being listed as Killed in Action for 10 years. The 1993 POW/MIA Committee was charged with finding the truth on the fate of POW/MIAs -- under Senator Kerry's command and pressure the Senate Select Committee on POW/MIAs fell short. The truth on Capt. Speicher was kept hidden undermining the integrity of the senate investigative responsibilities, and the hope of a nation placed in the congress.

Below are quotes from the Senate Select Committee on POW/MIAs "Report" showing how he reached such a conclusion -- by ignoring the evidence and not negotiating for survivors. There have been numerous live sighting reports that were ignored so John Kerry could make an unsubstantiated statement. His quick fix committee closed down the live POW/MIA issue so that he could have his investments in Vietnam prosper. The Collier Corporation is an international Real Estate leasing organization, the largest of its kind in the world. The Collier Corporation had business leases in Vietnam before the Committee ended. Even before we normalized [relations] with Vietnam. Kerry's supposedly "blind" trust fund was heavily devoted to building a new $905 million dollar sea port in at Vung Tau, Vietnam while he was quickly ending the POW/MIA Select Committee. The Committee ended a year short of its potential life authorized by the Senate when it was formed under Senator Kerry's pressure. Who ran his trust? His cousin, Forbes. Who ran the Collier Corporation? His cousin Collier. The Kerry Committee opened the way for normalization with Vietnam and huge profits for his trust fund and the investments of his relatives.

Kerry, and the Committee he led, brushed over the lives and captivity of POW/MIAs in a rush to close the books. His henchmen and relatives were reaping lucrative profits before we ever normalized relations with Vietnam. His duplicity has been a conflict of interest when it comes to national priorities over personnel profits.

Statement of Senators from the Senate Select Committee on POW/MIA Affairs "1993 REPORT"

P. 9 While the Committee has some evidence suggesting the possibility a POW may have survived to the present . . . there is, at this time, no compelling evidence that proves that any American remains alive in captivity in Southeast Asia.

P. 124 There is evidence that a small number of specific individuals did survive their incidents, and that some number of other individuals, not clearly identified, also survived.

P. 451 Statement of John Kerry: Although the Committee, unlike previous investigations, uncovered evidence that a small number of American's may have survived in captivity after Operation Homecoming, there is, in my view, no reason to believe that any American's remain alive today. Yes, the possibility exists that a prisoner or prisoners could be held deep within a jungle or behind a locked door under conditions of greatest security. But there is no evidence of that, and it is hard to conceive of a reason for it. (Collier/Forbes.)

P. 456 Statement of Sen. Bob Smith: Based on our review of all available intelligence information, the Committee unanimously agreed that there is evidence that indicates the possibility of survival (of American POWs) after Operation Homecoming. As of today, we also agree that there is evidence that some POWs may have survived to the present . . and some information still remains to be investigated. However, at this time, there is no compelling evidence that proves American's are still alive.

P. 468 Statement of Sen. John McCain: There is some - evidence though no proof to suggest only the possibility that a few Americans may have been kept behind after the end of America's military involvement in Vietnam ... there are some remaining differences over the quality of evidence that supports the possibility of survival.

Roger Hall
rhall8715@aol.com
_______________
for more info -- go to
http://www.vietnamveteransagainstjohnkeery.com



KERRY ILLEGALLY ORDERS DESTRUCTION OF Staff documents containing Staff intelligence findings ON POW/MIA's
http://www.aiipowmia.com/ssc/mccreary.html

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







October 30, 1992

Memorandum for the Record

From: John F. McCreary
Subject: Obstruction of the Investigation

1. I am concerned that recent lines of investigation have been seriously compromised by leaks of sensitive information by the Committee Staff Director to the Department of Defense. Leaks to the Department of Defense or other agencies of the Executive Branch of my Memoranda for the Record are interfering with follow-up discussions with useful witnesses. Moreover, they are endangering the lives and livelihood of two witnesses.

Leak of Information on Jan Sejna

2. Irrespective of leaks outside the government, Bill LeGro, attended a meeting of the US-Russia Joint Commission group in Washington on 28 October 1992 at the Department of State. The discussion featured information provided by Sejna. LeGro stated that Ambassador Malcolm Toon called for his dismissal. DIA personnel defended Sejna as to his expertise on Central Europe, but not as to his information on other areas, particularly POW related.

4. On 30 October 1992, I learned from Bill LeGro that he was directed to read a letter from the Central Intelligence Agency to the Select Committee that discredits Sejna's information. The letter reportedly indicates that Sejna's information has been checked and not been confirmed by his former government. At the time this letter was received, the Staff had decided to take Sejna's deposition but had not yet scheduled a deposition of Sejna. In addition, my MFR was written from memory, and did not do justice to all that Sejna stated, either in detail or in context. As of this writing, we do not know what Sejna knows or will say under oath, yet his testimony has already been written off. This anticipatory discrediting of a Select Committee potential witness is tantamount to tampering with the evidence.

Suspected Leak of Information on Le Quang Khai

5. The second issue of suspected misconduct concerns witness Le Quang Khai. Although Le made a public statement concerning POWs on 12 September 1992, no agency of the US government contacted him concerning his POW information. He told me on 26 October that some men who represented themselves as FBI agents contacted him to attempts to recruit him to return to Vietnam as a US intelligence agent for six months. After which his request for asylum would be favorably considered.

6. On 30 October, Mr. Robert Egan of Hackensack, New Jersey, who is a close friend of Mr. Le and the intermediary whereby the Committee Staff met Mr. Le, informed McCreary and LeGro that the FBI had again contacted Mr. Le. A person representing himself as an FBI person called on 30 October to set up a meeting with Le to discuss Le's working as an intelligence agent for the FBI's POW/MIA office.

7. So far informal checks indicate there is no such office. Secondly, this contact occurred three days after my return from taking Le's deposition in Hackensack on 26 October. I observed a copy of the MFR with apparent routing designators written in the top margin on the desk of Frances Zwenig on 28 October.

8. The contact with Le two days after preparation of my MFR, despite the passage of a month since his public declarations, is highly suspicious and more than coincidental. The circumstances of both contacts in which persons identifying themselves as FBI without showing credentials or other evidence of authenticity or authority and also making a pitch to recruit Le are also highly suspicious.

9. An internal Department of Defense Memorandum identifies Frances Zwenig as the conduit to the Department of Defense for the acquisition of sensitive and restricted information from this Committee. Based on the above sequences of events, I must conclude that Frances Zwenig continues to leak all of my papers to the Defense Department. Her flagrant disregard of the rules of the Senate and her oath of office are now jeopardizing the livelihood, if not the safety, of Senate witnesses. In addition, the Department of Defense's continuing access to sensitive Committee Staff papers is resulting in obstruction of the investigations by the Senate Select Committee by various agencies of the Executive Branch.

(Signed)
John F. McCreary





May 3, 1992

Memorandum for:
Vice Chairman, Senate Select Committee on Prisoners of War and Missing in Action

From: John F. McCreary

Subject:
Possible Violations of Title 18, U.S.C., Section 2071, by the Select Committee and Possible Ethical Misconduct by Staff Attorneys.

1. Continuing analysis of relevant laws and further review of the events between 8 April and 16 April 1992 connected with the destruction of the Investigators' Intelligence Briefing Text strongly indicate that the order to destroy all copies of that briefing text on 9 April and the actual destruction of copies of the briefing texts plus the purging of computer files might constitute violations of Title 18, U.S.C., Section 2071, which imposes criminal penalties for unlawful document destruction. Even absent a finding of criminal misconduct, statements, actions, and failures to act by the senior Staff attorneys following the 9 April briefing might constitute serious breaches of ethical standards of conduct for attorneys, in addition to violations of Senate and Select Committee rules. The potential consequences of these possible misdeeds are such that they should be brought to the attention of all members of the Select Committee, plus all Designees and Staff members who were present at the 9 April briefing.

2. The relevant section of Title 18, U.S.C., states in pertinent part: Section 2071. Concealment, removal, or mutilation generally (a) Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined not more than $2,000 or imprisoned not more than three years, or both. (June 25, 1948, ch. 645, 62 Stat. 795)

3. The facts as the undersigned and others present at the briefing recall them are presented in the attached Memorandum for the Record. A summary of those facts - and others that have been established since that Memorandum was written - follows.

a. On 8 April 1992, the Investigators' Intelligence Briefing Text was presented to Senior Staff members and Designees for whom copies were available prior to beginning the briefing. Objections to the text by the Designees prompted the Staff Director to order all persons present to leave their copies of the briefing text in Room SRB078. Subsequent events indicated that two copies had been removed without authorization.

b. On 9 April 1992, at the beginning of the meeting of the Select Committee and prior to the scheduled investigators' briefing, Senator McCain produced a copy of the intelligence briefing text, with whose contents he strongly disagreed. He charged that the briefing text had already been leaked to a POW/MIA activist, but was reassured by the Chairman that such was not the case. He replied that he was certain it would be leaked. Whereupon, the Chairman assured Senator McCain that there would be no leaks because all copies would be gathered and destroyed, and he gave orders to that effect. No senior staff member or attorney present cautioned against a possible violation of Title 18, U.S.C., Section 2071, or of Senate or Select Committee Rules.

c. Following the briefing on 9 April, the Staff Director, Ms. Frances Zwenig, restated to the intelligence investigators the order to destroy the intelligence briefing text and took measures to ensure execution of the destruction order. (See paragraph 3 of the attachment.) During one telephone conversation with the undersigned, she stated that she was "acting under orders."

d. The undersigned also was instructed to delete all computer files, which Mr. Barry Valentine witnessed on 9 April.

e. In a meeting on 15 April 1992, the Staff's Chief Counsel, J. William Codinha, was advised by intelligence investigators of their concerns about the possibility that they had committed a crime by participating in the destruction of the briefing text. Mr. Codinha minimized the significance of the documents and of their destruction. He admonished the investigators for "making a mountain out of a molehill."

f. When investigators repeated their concern that the order to destroy the documents might lead to criminal charges, Mr. Codinha replied "Who's the injured party." He was told, "The 2,494 families of the unaccounted for US Servicemen, among others." Mr. Codinha then said, "Who's gonna tell them. It's classified." At that point the meeting erupted. The undersigned stated that the measure of merit was the law and what's right, not avoidance of getting caught. To which Mr. Codinha made no reply. At no time during the meeting did Mr. Codinha give any indication that any copies of the intelligence briefing text existed.

g. Investigators, thereupon, repeatedly requested actions by the Committee to clear them of any wrongdoing, such as provision of legal counsel. Mr. codinha admitted that he was not familiar with the law and promised to look into it. He invited a memorandum from the investigators stating what they wanted. Given Mr. Codinha's statements and reactions to the possibility of criminal liability, the investigators concluded they must request appointment of an independent counsel. A memorandum making such a request and signed by all six intelligence investigators was delivered to Mr. Codinha on 16 April.

h. At 2130 on 16 April, the Chairman of the Senate Select Committee, convened a meeting with the intelligence investigators, who told him personally of their concern that they might have committed a crime by participating in the destruction of the briefing texts at the order of the Staff Director. Senator Kerry stated that he gave the order to destroy the documents, not the Staff Director, and that none of the Senators present at the meeting had objected. He also stated that the issue of document destruction was "moot" because the original briefing text had been deposited with the Office of Senate Security "all along." Both the Staff Director and the Chief Counsel supported this assertion by the Chairman.

i. Senator Kerry's remarks prompted follow-up investigations (See paragraphs 4 through 9 of the attachment) and inquiries that established that a copy of the text was not deposited in the Office of Senate Security until the afternoon of 16 April. The Staff Director has admitted that on the afternoon of 16 April, after receiving a copy of a memorandum from Senator Bob Smith to Senator Kerry in which Senator Smith outlined his concerns about the destruction of documents, she obtained a copy of the intelligence briefing text from the office of Senator McCain and took it to the Office of Senate Security. Office of Senate Security personnel confirmed that the Staff Director gave them an envelope, marked "Eyes Only," to be placed in her personal file. The Staff Director has admitted that the envelope contained the copy of the intelligence briefing text that she obtained from the office of Senator McCain.

3. The facts of the destruction of the intelligence briefing text would seem to fall inside the prescriptions of the Statute, Title 18, U.S.C., Section 2071, so as to justify their referral for investigation to a competent law enforcement authority. The applicability of that Statute was debated in United States v. Poindexter, D.D.C. 1989, 725 F. Supp. 13, in connection with the Iran Contra investigation. The District Court ruled, inter alia, that the National Security Council is a public office within the meaning of the Statute and, thus, that its records and documents fell within the protection of the Statute. In light of that ruling, the Statute would seem to apply to this Senate Select Committee and its Staff. The continued existence of a "bootleg" copy of the intelligence briefing text - i.e., a copy that is not one of those made by the investigators for the purpose of briefing the Select Committee - would seem to be irrelevant to the issues of intent to destroy and willfulness; as well as to the issue of responsibility for the order to destroy all copies of the briefing text, for the attempt to carry out that order, and for the destruction that actually was accomplished in execution of that order.

4. As for the issue of misconduct by Staff attorneys, all member of the Bar swear to uphold the law. That oath may be violated by acts of omission and commission. Even without a violation of the Federal criminal statute, the actions and failures to act by senior Staff attorneys in the sequence of events connected with the destruction of the briefing text might constitute violations of ethical standards for members of the Bar and of both Senate and Select Committee rules. The statements, actions and failures to act during and after the meeting on 15 April, when the investigators gave notice of their concern about possible criminal liability for document destruction, would seem to reflect disregard for the law and for the rules of the United States Senate.

(Signed)
John F. McCreary


21 posted on 10/25/2004 7:44:00 AM PDT by silverleaf (Fasten your seat belts- it's going to be a BUMPY ride.)
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To: jmstein7
Probable DNC responses:

This is old news that was covered over a decade ago.

This is a typical Bush stunt which smacks of a desperate candidate

This is a complete falsehood and typical of a President who lies to the American people.

Even if true, it is not on the same level of Halibuton's no bid contracts.

Blah, Blah, blah

22 posted on 10/25/2004 7:46:45 AM PDT by Michael.SF. (John F. Kerry, Man of the people: "Sometimes I drink.............tap water")
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To: jmstein7

BTTT!!!!!!!


23 posted on 10/25/2004 7:49:17 AM PDT by E.G.C.
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To: OXENinFLA
I've heard of this before.........just not details..

Dammit! Who cares about the details!!??? The important question us WHAT DOES CHER THINK?

24 posted on 10/25/2004 7:49:55 AM PDT by isthisnickcool (Only dummies play poker with George W. Bush.)
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To: ingo
Now this may very well have legs. In fact, I'm going to go so far as to predict that it does.

Don't count on it; the media knows about it. And it's been discussed on numerous FR threads. The part about the Forbes cousin cashing in is in Unfit for Command.

25 posted on 10/25/2004 7:55:45 AM PDT by twigs
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To: nuconvert

see post #13, the link to the Village Voice article


26 posted on 10/25/2004 7:57:54 AM PDT by JMJJR (charlatan and exploiter)
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To: jmstein7

Old news. Threads on this all over FR, esp. during this past summer.


27 posted on 10/25/2004 8:01:25 AM PDT by RedBloodedAmerican
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To: Michael.SF.

No, not a DNC response, but an FR response to vanity posts on articles that already exist on FR in large numbers. Do a search, it has been discussed often on here.


28 posted on 10/25/2004 8:02:35 AM PDT by RedBloodedAmerican
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To: nuconvert

This has been posted in some form before. Apparently, there was a whole lot of shredding going on.


29 posted on 10/25/2004 8:04:50 AM PDT by expatpat
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To: kabar; .45MAN

Thank you for sourcing this "breaking news" from February.

Ping to .45MAN


30 posted on 10/25/2004 8:10:56 AM PDT by dansangel (Vote like your life depends on it...because it does!)
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To: Michael.SF.

Great tag line! And your probable DNC responses are what they always come up with; so transparent, yet, for some reason effective on some....


31 posted on 10/25/2004 8:20:18 AM PDT by hummingbird ("If it wasn't for the insomnia, I could have gotten some sleep!")
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To: jmstein7

Is John Kerry related to Steve Forbes?
Cousin?


32 posted on 10/25/2004 8:30:43 AM PDT by fishtank
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To: RedBloodedAmerican

You are seriously overestimating my level of interest in this story.


33 posted on 10/25/2004 8:34:48 AM PDT by Michael.SF. (John F. Kerry, Man of the people: "Sometimes I drink.............tap water")
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To: fishtank

Yup.


34 posted on 10/25/2004 8:35:44 AM PDT by jmstein7 (A Judge not bound by the original meaning of the Constitution interprets nothing but his own mind.)
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To: Michael.SF.

35 posted on 10/25/2004 8:38:02 AM PDT by RedBloodedAmerican
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To: jmstein7

PING!


36 posted on 10/25/2004 8:45:35 AM PDT by The Right Stuff
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To: jmstein7

Regardless of the outcome of the election, ALL of the scandals need to be heaped on Kerry's head like so many hot coals. He is not fit for duty, not fit to serve in congress, not fit to do much in public life.


37 posted on 10/25/2004 8:47:54 AM PDT by SERKIT ("Blazing Saddles" explains it all.....)
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To: jmstein7

Not that this will go anywhere, but here is some info from swiftvets on this topic.

Posted: Sun Oct 24, 2004 5:17 pm Post subject:




from a post above
Quote:
Sen. ROBERT SMITH and Sen JOHN KERRY January 24, 1994

HEADLINE: Many say Ending Embargo Will Help Find MIAs in Vietnam
Sen. Robert Smith and Sen John KERRY January 24, 1994

One senator says it's a mistake to end the economic embargo against Vietnam.
But another says lifting the embargo will help the U.S. learn the fate of over 1,000 Americans still listed as missing in action.

See entire article & discussion here
http://www2.swiftvets.com/phpBB2/viewtopic.php?p=89142

Excerpts:Quote:

Sen. SMITH: …... Your agenda has been to lift the embargo. You wanted to lift the embargo in spite of the POW/MIA issue since 1990. You're on record as saying it. You know it and I know it. That's your agenda. My agenda is to get a counting before we lift the embargo.

WOODRUFF: Senator -

Sen. SMITH: Your agenda is to lift the embargo.

WOODRUFF: Senator Kerry, how much potential business are we talking about here between the United States and Vietnam?

Sen. KERRY: I don't have clue Judy and I've never made that part of my argument, ever, and Bob and everybody else knows, I traveled to Vietnam eight times. I fought to declassify documents. I've negotiated with the Vietnamese. I think that Bob knows, we worked side by side and closely, to get accountability and I voted against lifting the embargo last year in order to guarantee we were getting the accountability.

WOODRUFF: But clearly, there would be economic benefit for Vietnam and for some U.S. businesses if this embargo were lifted.

Sen. KERRY: Well, undoubtedly. But you asked me how much and I'm telling you I don't have a clue how much.



Of Course He had a Clue in January 1994!

*Biz leaders gear up for Vietnam trade (Boston Herald (MA), June 19, 1993

*Deal will build Vietnam port (Boston Herald (MA), June 16, 1993

*U.S. firms view Vietnam market ask end of embargo (Boston Herald (MA), February 15, 1993


From Feb 15 above
Quote:
"There's a lot of interest in the potential of a country with 71 million people who are literate, committed and eager, and where the wage scale is about $30 a month," said C. Stewart Forbes, president of Colliers International, a Boston-based real estate company with an affiliate in Ho Chi Minh City.”


1. We know Kerry’s cousin Stewart Forbes scored a near Billion Dollar Deal for improving the port of Vung Tau in Vietnam immediately after the POW/MIA hearings and the normalization of trade push, by among others, JFKerry. Today Vung Tau is a city of 650,000 people, including 2,500 expatriates, Vung Tau is marked by cafes, bath houses, hotels galore, hostess bars, karaoke lounges, beach-side kiosks and oil rigs.


From the June 16 Article above
Quote:
A Boston-based firm has helped broker a $905 million deal to develop a deep sea port in Vietnam in what was once a recreational area for U.S. troops. Colliers International, through partner firm Colliers Jardine in Singapore, has put together a plan that would bring big ships to Vung Tau, about 80 miles southeast of Ho Chi Minh City.
The four-year project, to start next year, is currently the largest investment scheme in Vietnam, said Colliers CEO Stewart Forbes.
"I think this represents the best elements of brokerage, matching a need - in this case a country - with the money and the capability," he said. "This kind of infrastructure is sorely needed in Vietnam."
Work at Vung Tau will be done largely by Japanese construction and engineering firms.
Direct investment in Vietnam has been forbidden by the United States since the 1975 collapse of the U.S.-sponsored South Vietnam government.
Colliers' involvement is legal because it is through a partner, Forbes said.
A number of U.S. firms, including Boeing, Kodak and DuPont, have opened offices in Vietnam hoping the embargo will soon be lifted.


38 posted on 10/25/2004 8:49:36 AM PDT by gulf1609
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To: jmstein7
You will need to add McCain and a few others to this list.

I am afraid we have been to this place in the past, but it is nice to see it again.

39 posted on 10/25/2004 8:53:36 AM PDT by Cold Heat (http://ice.he.net/~freepnet/kerry/staticpages/index.php?page=20040531140357545)
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To: jmstein7

Never call me sweatheart.


40 posted on 10/25/2004 8:59:47 AM PDT by ValerieUSA
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