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Vietnam war 'deserter' charged for not going to war in Vietnam 40 yrs ago!

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kpete Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 11:20 AM
Original message
Vietnam war 'deserter' charged for not going to war in Vietnam 40 yrs ago!
Vietnam war 'deserter' charged

Julian Borger in Washington
Thursday January 5, 2006
The Guardian


In a possible message to would-be deserters in Iraq, the US marines have charged a pensioner for not going to war in Vietnam 40 years ago.

Former marine private Jerry Texiero was found selling boats and classic cars in Florida under a false name. He was identified as a result of a fraud conviction in 1998, which he said was the result of wrongdoing by a former partner.

Seven years later marine investigators from an "AWOL apprehension unit" compared his fingerprints with their records of deserters. He was first arrested by Florida police in August and handed over to the military on December 21.

Tod Ensign, the legal director of Citizen Soldier, an advocacy group representing conscientious objectors, wrote to Camp Lejeune's commanding officer, Brigadier General Robert Dickerson, asking: "Why are scarce marine resources being squandered on the prosecution of a senior citizen whose only 'crime' is refusing to fight a war that today is universally discredited?


http://www.guardian.co.uk/usa/story/0,12271,1678213,00.html


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shoelace414 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 11:22 AM
Response to Original message
1. I thought Carter pardoned them all.
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madokie Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 11:25 AM
Response to Reply #1
3. so I guess bush* can unpardon too. Off to the Hague
Edited on Thu Jan-05-06 11:25 AM by madokie
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tyedyeto Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 11:27 AM
Response to Reply #1
4. I believe it was only those ...
who had left this country that were pardoned
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endarkenment Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 11:36 AM
Response to Reply #1
8. I wondered about that too.
"President Carter, by Proclamation of January 21, 1977, pardoned certain persons who, during the Vietnam War era, violated the Military Selective Service Act by draft-evasion acts or omissions committed between August 4, 1964 and March 28, 1973. If you believe your conviction is covered by President Carter's Proclamation, you may obtain an individual certificate of pardon evidencing the fact that this pardon proclamation applies to you. The certificate will be issued only if you were convicted of such an offense. If you were arrested for and/or charged with a Military Selective Service Act violation for an offense committed during the relevant time period, but your prosecution ended in some fashion other than conviction (such as dismissal of charges or an acquittal), you are not eligible to seek a certificate of pardon."
http://www.usdoj.gov/pardon/carter_instructions.htm

Draft violations only.
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ddeclue Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 11:58 AM
Response to Reply #1
9. Actually Ford did..
Doug D.
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endarkenment Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 12:26 PM
Response to Reply #9
10. Uh - I don't think so.
Ford pardoned one war criminal only, his boss nixon. He did nothing for all of us commoners who ran afoul of the law over vietnam.
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ddeclue Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 12:37 PM
Response to Reply #10
11. You are partly right and partly wrong...
as am I... I'm a big fan of Jimmy Carter actually..

Doug D.

Check out this link:

http://www.afsc.org/youthmil/conscientious-objection/Vietnam-war-resisters.htm

Ford Clemency Program (1974)

In 1974, President Ford established a program of partial relief for war resisters. This clemency program was considered a complement to President Ford's pardon of President Nixon, who had resigned from office in lieu of likely removal by Congress. The program covered the following categories of persons: convicted draft violators, convicted military deserters and AWOLs, draft violators who had never been tried, and veterans with less than honorable discharges for absence offenses.

The Ford program was widely regarded as a failure, even by people who administered it.The conditions under which a person could receive relief were onerous and discriminatory. Persons receiving clemency were required to do up to 24 months of alternative service and were required sign broad oath of allegiance to the United States.

In addition to these measures, military deserters automatically received bad discharges ("Undesirable"), although they could later apply to get them changed to "Clemency Discharges" (considered "Other Than Honorable") after performing 24 months of service. Under the plan, GI participants would automatically lose all veterans benefits, unlike many other veterans with less than honorable discharges.

The program was widely regarded as a failure, even by people who administered it. Only 27,000 of the 350,000 eligible persons applied; 21,800 were granted clemency, mostly men living in the U.S., not exiles. Those granted clemency were almost equally divided between "draft offenders" and "military offenders." Most exile groups based in Canada, Sweden, Britain and France endorsed a boycott of the Ford program because of its punitive nature. The "oath of allegiance" requirement was considered especially offensive given the generous treatment of Nixon. Nixon received a pardon, pension, and was not required to swear allegiance to the U.S. despite his role in undermining democracy. Program administrators estimated that about 566,000 military "offenders" were still in need of relief after the Ford program ended, an ultimate indicator of the program's failure.

Carter Program (1977)
In 1977, President Carter established two programs to assist war resisters. In January of 1977 he declared an unconditional amnesty for draft resisters, both accused and those who could face possible prosecution. Later that year, he set up the two stage "pardon" process for military absentees.

Once again, draft evaders and military absentees were treated differently.

Draft evaders were granted unconditional amnesty automatically if there were no other legal charges pending. They would not have a criminal record. Young men who were Unfortunately, universal and unconditional amnesty was never granted to military resisters.considered draft evaders did not have to apply (in any formal sense) to get amnesty. It was a blanket amnesty granted to all draft evaders whether they had been engaged in a legal process or not. This is why no figure exists for the real number of draft evaders who benefited from the Carter program. This includes people who were never prosecuted, people who were investigated and not prosecuted, people who were indicted, people for whom charges had been brought, etc. The only restriction is that the person not have other (non-draft evasion) charges pending against them. So a draft evader who had criminal charges pending for participating in a protest would not have those protest-related charges dropped, only the draft evasion charges.

Similarly, military deserters and AWOLs could apply for a limited pardon if there were no other charges pending. Under the Carter program deserters would automatically receive a less than honorable discharge ("Undesirable"), but could apply for an upgrade later. The upgrade would not be automatic and few veterans received them. They were barred from receiving veterans benefits, unlike many other vets with less than honorable discharges. Military resisters had to apply for relief within a certain time frame, about 5-6 months, during 1977. Only 4,200 of them were considered eligible for the program; less than 25% of them were processed and received the less-than-honorable discharge. The program allowed for a case-by-case review of potentially another 430,000 cases of veterans with bad discharges; yet only 16,277 benefited from this procedure.

The Carter program was more successful than the Ford program despite its serious limitations. Many of the resisters (especially military absentees) had trouble surviving in other countries. Exile groups urged people to take advantage of the Carter program and work from within the US for a full amnesty.

One factor leading resisters to remain in exile was the poor advertising of the details of the Carter relief program (1977) in the aftermath of what was regarded as a highly discriminatory and defective Ford Clemency program (1974). Congress refused to fund the Carter program fully. Both relief programs had conditions many exiles found hard to accept. Finally, the period of time under which one could apply for relief was sharply limited.

Unfortunately, universal and unconditional amnesty was never granted to military resisters. It is estimated that only 28,420 Vietnam Era military resisters received any form of legal relief – many of them received bad discharges – while another 550,000 never received any form of relief. To place this figure in perspective, the number of ex-GIs who never received legal relief roughly equals the number of soldiers who participated in the Gulf War of 1990 and 1991. This is another way in which our country has yet to fully come to terms with the legacy of the war in Southeast Asia.

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SoCalDem Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 11:24 AM
Response to Original message
2. Um.. I know where another "deserter" is located..
1600 Pennsylvania Ave..
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gordianot Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 11:28 AM
Response to Reply #2
5. Absolutely correct
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RaleighNCDUer Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 11:30 AM
Response to Original message
6. Why?
Because they need him to finish his uncompleted term of service...in Iraq.
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Catrina Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 11:31 AM
Response to Original message
7. I thought they were finally going after Bush
for going Awol. Maybe this means they will be going after all deserters?? :sarcasm:
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Peace Patriot Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 01:26 PM
Response to Original message
12. Upwards of TWO MILLION Vietnamese and Southeast Asians slaughtered.
For a system of global corporate predation that has stolen ONE TRILLION DOLLARS from US taxpayers for a SECOND completely unjustified war in which TEN OF THOUSANDS more have been slaughtered, and many tortured.

US a pariah in the world.
US morally and financially bankrupt.
Bushite corporations now own our election system with "trade secret," proprietary programming code and virtually no audit/recount controls.

But this guy refused to go kill for them 40 years ago and must be hunted down and punished, and his life destroyed.

In the upside down world of this fascist junta.

------------------

THROW DIEBOLD AND ES&S ELECTION THEFT MACHINES INTO 'BOSTON HARBOR' *NOW*!
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