Though John Kerry has an extensive and well-documented record of anti-American activities over the past three decades, it is his acts of treason in 1970-71 that are the subject of this petition for indictment. Our appeal notes both Kerry's violations of the UCMJ (Article 104 part 904) and U.S. Code (18 USC Sec. 2381 and 18 USC Sec. 953), and calls for his disqualification for public office in accordance with the Constitution's Fourteenth Amendment, Section 3, which states: "No person shall be a Senator or Representative in Congress, or elector of President and Vice-President ... having previously taken an oath ... to support the Constitution of the United States, [who has] engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof."
Why prosecute John Kerry now? In October 2003, Mr. Kerry chose to make his Vietnam war record the centerpiece of his campaign for the presidency; this has been especially true since his primary victory in March 2004. In response, more than 165,000 signatories of the above-referenced petition for indictment have made his war record the centerpiece of their campaign to disqualify Kerry from public office. We understand that no action is likely to be taken on this petition until after the 02 November election. Be it known, however, that on 03 November, we will seek full recourse in an effort to have John Kerry prosecuted for acts of treason and disqualified from any future campaign for any national office. We are thus committed to holding Mr. Kerry accountable for his actions, as there is no statute of limitations for acts of treason.
NOTICE: This petition for indictment was delivered to Senate President Richard Cheney, Senate Majority Leader Bill Frist and Attorney General John Ashcroft on Monday, 18 October 2004. We are currently awaiting a reply from the Department of Justice. Click here to read the full text of the letter.
(Click here to sign the petition.)
Honorable Alberto R. Gonzales
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
Honorable Richard B. Cheney
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500
Honorable William H. Frist, M.D.
United States Senate
461 Dirksen Senate Office Building
Washington, DC 20510
Honorable J. Dennis Hastert
United States House of Representatives
235 Cannon House Office Building
Washington, DC 20515
18 October 2004
Hon. Alberto R. Gonzales, Attorney General of these United States:
Hon. Richard B. Cheney, President of the United States Senate:
Hon. William H. Frist, M.D., Majority Leader of the United States Senate:
Hon. J. Dennis Hastert, Speaker, United States House of Representatives:
On behalf of more than 180,000 Americans who have attached their names, including my own, hereto ("Petitioners"), I respectfully submit this request for investigation and indictment of Senator John Forbes Kerry (D. Mass.) for acts of treason in connection with the proffering of counsel and assistance to enemy agents in time of warfare ("Petition for Investigation and Indictment").
Specifically, Petitioners request the United States Department of Justice open or renew an investigation of Mr. Kerry's actions of "giving aid and comfort" to Communist North Vietnam, particularly in regard to his meetings with enemy agents in Paris on multiple occasions between 1970 and 1972 while still an officer in the United States Navy. Such counsel and assistance to enemy agents in time of warfare is in direct violation of UCMJ (Article 104 part 904), U.S. Code (18 USC Sec. 2381 and 18 USC Sec. 953) and other applicable laws and acts of Congress.
Some of Sen. Kerry's anti-American activities and protests in association with Vietnam Veterans Against the War and other subversive groups may have been subject to pardon by President James E. Carter's Executive Order 4483 of 21 January 1977, which provided general amnesty for draft evaders and other war protesters. However, it is the considered opinion of legal scholars that acts of treason in connection with providing aid and comfort to the enemy in time of warfare are not covered by EO 4483.
Though Sen. Kerry claims to have received an Honorable Discharge at the conclusion of his military service, he refuses to sign a Standard Form 180 authorizing the release of his complete military records in an effort, we believe, to conceal his separation from the military by other than honorable discharge. This assertion is supported by the fact that Sen. Kerry's discharge was subject to review after EO 4483 by a board of officers acting under Title 10, U.S. Code Section 1162 and 1163 in reference to involuntary separation from the service. Those records are critical to the disposition of this Petition for Investigation and Indictment.
Additionally, in connection with an other than honorable discharge, the Department of Defense may have revoked all pay benefits, allowances, medals and honors. Here Petitioners note that upon becoming a U.S. senator in 1985, Mr. Kerry requested that all his medals be reissued, and, more recently, that he received a revised DD-214 listing an Honorable Discharge.
Why are we requesting that John Kerry be investigated and indicted now?
In October 2003, Mr. Kerry chose to make his Vietnam War record the centerpiece of his campaign for the presidency; this has been especially true since his Democrat Presidential primary victory in March 2004. Outraged by this and in response, the more than 180,000 signatories of the above-referenced Petition for Investigation and Indictment chose to make Mr. Kerry's war record the centerpiece of their campaign to disqualify him from public office.
In doing so, Petitioners cite the Constitution's Fourteenth Amendment, Section 3. The pertinent language states: "No person shall be a Senator or Representative in Congress, or elector of President and Vice-President ... having previously taken an oath ... to support the Constitution of the United States, [who has] engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof."
Of note, there is no statute of limitations on treason.
It is not Petitioners' intent that this Petition for Investigation and Indictment be acted on prior to the 2 November election as this would be disruptive to the election process. Such action by the Justice Department would only be viewed as "political" in nature. It is, however, Petitioners' intent to ensure that Sen. Kerry's actions are subject to investigative review in order to conclusively determine whether he is legally qualified to hold any future office in accordance with the Constitution's Fourteenth Amendment.
Regardless of the outcome of Sen. Kerry's campaign for president, be it known that Petitioners remain committed to holding Sen. Kerry accountable for his actions.
Executive Editor and Publisher,
The Federalist Patriot
Petition and signature account attached.
(Click here to sign the petition.)
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