Posted on 12/26/2006 8:12:00 PM PST by NotJustAnotherPrettyFace
There was some buddy of Clinton's (or the grieving but attractive widow was his buddy) who got buried in Arlington because he supposedly served in the Merchant Marine in WWII . . . he lied about his service, though, and when that came out they dug him up and moved him.
So it's happened before . . . just getting into the ground at Arlington is no guarantee that you'll STAY there.
John F'n Kerry served? I thought he just ducked out like the coward he is, and then when he really was put in a hot zone lied and forged his way out lickity split, and was state side in a blink of an eye, where he then began a campaign through his organization VVAW, dishonoring those who stayed and fought.
He lied to the senate, he organized others to lie to the senate, he had people who never even served lie to the senate, he met with the NVA in France while still active, committing treason.
Several yearts later, he was dishonorably discharged. Why he was never charged and convicted for his actions baffles me, and why with his record he is sitting in the senate defies all reason. Then, he came far too close to actually being elected to the whitehouse. The man should be hung, not soaking up taxpayers money sitting in the senate, plotting how to destroy this nation. At least, as far as we know, he was dishonorably discharged, and can't be buried there.
John F'n Kerry served? I thought he just ducked out like the coward he is, and then when he really was put in a hot zone lied and forged his way out lickity split, and was state side in a blink of an eye, where he then began a campaign through his organization VVAW, dishonoring those who stayed and fought.
He lied to the senate, he organized others to lie to the senate, he had people who never even served lie to the senate, he met with the NVA in France while still active, committing treason.
Several yearts later, he was dishonorably discharged. Why he was never charged and convicted for his actions baffles me, and why with his record he is sitting in the senate defies all reason. Then, he came far too close to actually being elected to the whitehouse. The man should be hung, not soaking up taxpayers money sitting in the senate, plotting how to destroy this nation.
At least, as far as we know, he was dishonorably discharged, and can't be buried there.
A 1997 law prohibited people convicted of capital crimes and sentenced to death or life imprisonment without parole from being interred at military cemeteries.
Wagner, a Vietnam veteran, was convicted in 2002 of stabbing to death Daniel Davis, 84, and Wilda Davis, 80, in their home in 1994. He was sentenced to life in prison.
Wagner died in 2005
I see no problem in correcting this error.
Who cares? He got the death penalty he so richly deserved. At least the tax payers are not having to pay for his up keep any longer. Good riddance to the slime ball. Give a few more of them some of it if it cleans out the prisons. Helps with the over crowding.
I agree, flush his ashes
"These clauses of the Constitution are not of the broad, general nature of the Due Process Clause, but refer to rather precise legal terms which had a meaning under English law at the time the Constitution was adopted. A bill of attainder was a legislative act that singled out one or more persons and imposed punishment on them, without benefit of trial. Such actions were regarded as odious by the framers of the Constitution because it was the traditional role of a court, judging an individual case, to impose punishment." William H. Rehnquist
Since I could not simply roll you [nothing personal] into Arlington National Cemetery and have you buried there, it had to take the bunch of layers for vetting and approval. If all those involved passed it through [some loophole in '97 law?], then it was not an error.
But that was just a sort of passing comment. I know Kerry's sorry history - he's about as unworthy to be buried in Arlington as ol' Wayne.
I'm not sure how you punish a dead person. And I'm not sure any policy issue should be decided judicially instead of legislatively.
We've already had too much of that.
there is no loophole.....
e. Person Found Guilty of a Capital Crime
Under 38 U.S.C. § 2411, interment or memorialization in a VA cemetery or in Arlington National Cemetery is prohibited if a person is convicted of a Federal capital crime and sentenced to death or life imprisonment, or is convicted of a State capital crime, and sentenced to death or life imprisonment without parole. Federal officials are authorized to deny burial in veterans cemeteries to persons who are shown by clear and convincing evidence to have committed a Federal or State capital crime but were not convicted of such crime because of flight to avoid prosecution or by death prior to trial. The Secretary is authorized to provide aid to States for the establishment, expansion and/or improvement of veterans cemeteries on the condition that the State is willing to prohibit interment or memorialization in such cemeteries of individuals convicted of Federal or State capital crimes, or found by clear and convincing evidence to have committed such crimes, without having been convicted of the crimes due to flight to avoid prosecution or death prior to trial. (38 U.S.C. § 2408(d)(2)). This prohibition is also extended to other burial benefits, including furnishing a Presidential Memorial Certificate, a burial flag, or a headstone or marker.
http://www.cem.va.gov/cem/bbene/eligible.asp
The actual Law:
TITLE 38 > PART II > CHAPTER 24 > § 2411 Prev | Next
§ 2411. Prohibition against interment or memorialization in the National Cemetery Administration or Arlington National Cemetery of persons committing Federal or State capital crimes
How Current is This?
(a)
(1) In the case of a person described in subsection (b), the appropriate Federal official may not—
(A) inter the remains of such person in a cemetery in the National Cemetery Administration or in Arlington National Cemetery; or
(B) honor the memory of such person in a memorial area in a cemetery in the National Cemetery Administration (described in section 2403 (a) of this title) or in such an area in Arlington National Cemetery (described in section 2409 (a) of this title).
(2) In the case of a person described in subsection (b)(1) or (b)(2), the prohibition under paragraph (1) shall not apply unless written notice of a conviction referred to in subsection (b)(1) or (b)(2), as the case may be, is received by the appropriate Federal official before such official approves an application for the interment or memorialization of such person. Such written notice shall be furnished to such official by the Attorney General, in the case of a Federal capital crime, or by an appropriate State official, in the case of a State capital crime.
(b) A person referred to in subsection (a) is any of the following:
(1) A person who has been convicted of a Federal capital crime for which the person was sentenced to death or life imprisonment.
(2) A person who has been convicted of a State capital crime for which the person was sentenced to death or life imprisonment without parole.
(3) A person who—
(A) is found (as provided in subsection (c)) to have committed a Federal capital crime or a State capital crime, but
(B) has not been convicted of such crime by reason of such person not being available for trial due to death or flight to avoid prosecution.
(c) A finding under subsection (b)(3) shall be made by the appropriate Federal official. Any such finding may only be made based upon a showing of clear and convincing evidence, after an opportunity for a hearing in a manner prescribed by the appropriate Federal official.
(d) For purposes of this section:
(1) The term “Federal capital crime” means an offense under Federal law for which the death penalty or life imprisonment may be imposed.
(2) The term “State capital crime” means, under State law, the willful, deliberate, or premeditated unlawful killing of another human being for which the death penalty or life imprisonment without parole may be imposed.
(3) The term “appropriate Federal official” means—
(A) the Secretary, in the case of the National Cemetery Administration; and
(B) the Secretary of the Army, in the case of Arlington National Cemetery.
http://www.law.cornell.edu/uscode/search/display.html?terms=2411&url=/uscode/html/uscode38/usc_sec_38_00002411----000-.html
If Kerry gets buried in Arlington, I will have GENERATIONS of my family dug up, and moved.
I wondered that too. But they honor dead people with posthumous military awards and also grant posthumous pardons to 'people' that were convicted of crimes. How can you honor or pardon a dead person?
And I'm not sure any policy issue should be decided judicially instead of legislatively.
You don't think the effects of laws, in specific cases, should be decided judicially?
Neither had I! Thanks for digging up that information and posting it.
Great Minds Think Alike..
That they removed him from Arlington, fine. But I wonder if they will bar his ashes from ALL U.S Veterans' Cemeteries? He served his country, honorably, in a combat zone.
Was Kerry really dishonorably discharged? I tried to google it and came up with just blog stuff. Though it was mentioned that Carter was behind him getting an honorable discharge supposedly to fix Nixon's wrong doing to Kerry.... I never heard about this stuff before. But then again I never thought much of Kerry and would never have voted for him anyway. I do find this very interesting though. Do you have any ideas where I can find more info? Thanks ~~Pandora~~
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