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Press Relations
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1506024
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Press Relations
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Charles E. Goodell Papers
Presidential Clemency Board Subject Files
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President (1974-1977 : Ford). Presidential Clemency Board. 9/16/1974-9/15/1975
Amnesty
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1975
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1974-10-01
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The original documents are located in Box 9, folder "Press Relations" of the Charles E.
Goodell Papers at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Charles Goodell donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box 9 of the Charles E. Goodell Papers at the Gerald R. Ford Presidential Library
are
Bruce Morton
The Presidential Clemency Review Board, which is reviewing
the cases of Vietnam draft dodgers who applied for clemency,
hopes to wind up its work in September. They opened a hearing
to television cameras for the first time yesterday at the request of
a man whose case was being heard.
GERALD
Marya McLaughlin
Andrew Davis
A
convicted draft evader
Andrew Davis
My concientious objection is stronger now
and more general. I can see the religious basis
for concientious objection
I believe in the
commandements
that's why it's wrong to kill.
Marya McLaughin
Davis says misinformation caused him to apply
later for clemency and when he returned from
Canada he was jailed. But the Board took the
Davis case he's lucky the Clemency Program
is over
and the Chairman has doubts about
another.
Charles Goodell
I think there is some reluctance on the part
of everyone to reopen a major debate on the nature
of the Clemency Program.
Ah, I think all the Board members believe
very deeply in the program and the worthwhile
venture that we have undertaken here
obviously
I think we would all be willing to give further
time to extend those benefits if that were the
will of Congress.
McLaughlin: And the President?
Goodell: And the President.
Mayra McLaughlin
According to the Clemency Board
approximately
100,000 men were eligible, 16,500 applied
9,000 cases have been processed
one result
about 80,000 men
who cannot receive clemency
unless the President or the Congress does something.
Marya McLaughlin, CBS News, Washington.
killed
CH
(John Hoy Kauffmann, a director and former president of the
Washington Star Syndicate, Inc., which owns, among other properties,
the Washington Star newspaper, is one of the second group of nine
Board members appointed by President Ford after May 1. Mr. Kauffmann
GERALD
talked about the work of the Board and his views on clemency policy
during an exclusive interview with Excusez-Moi correspondent
Colleen Sullivan.)
The determination of alternate service for applicants should be
based on the needs of the individual, according to Mr. Kauffmann.
"I've been fighting for the last two months about this. If we give
somebody three months and they can only work 10 hours a week, then that
10 hours should only last three months," he said. "It's more important
that the individual be able to go home at night and spend time with his
family, his children, than have his alternate service drag on."
While he believes that clemency should be extended to as many
persons as possible, Mr. Kauffmann said he considers serious felony
cases apart from others. "I draw the line where there has been bodily
injury or a threat to a body. Otherwise you could put all those cases
on a computer and forget about panels," he said. "When somebody is
accused of hurder, I find it hard to feel that he deserves clemency.
The decision of the Board July 15 to extend its jurisdiction to
an applicant who claimed he had applied for clemency to a U.S. official
in Canada before the deadline but was subsequently arrested on draft
evasion charges when he crossed the border was hailed by Mr. Kauffmann
as "great." "I think it was exactly right. We've got to lean over
backwards to give clemency. People are afraid that if we extend our
jurisdiction we'll be inundated with cases like that, but that's
precisely what we're here for. We should be handling more cases. If
we get thousands of more applications, we'll find a way to hear them
all. If we have to work 24 hours a day, we'll do it."
Mr. Kauffmann said there is little policy disagreement among
Board members. "Amazingly enough, there isn't much. Gen. Walt is
a little more conservative perhaps. I love that man, he's a
fantastic person. I think he's done a marvelous job here."
Several policy changes have been made since the Board began
hearing cases; one of the most significant was decided at the Board
meeting July 15. Effective immediately, an applicant's drug addiction
or alcoholism will trigger the application of mitigating factor 3
(mental or physical condition). Mr. Kauffmann and Lewis Puller were
the board members who led the fight to broaden the application of this
factor. "All along I have had the position that drug addiction, not
just drug use, is like alcoholism. They're illnesses and should be
a consideration in handling a case. The Board had lfad the position
that these were neutral, neither aggravating nor mitigating," he said,
"Most of the Board members would probably lean toward 3 more if
the condition were Vietnam-related, but I personally have trouble
differentiating. Addiction is addiction, no matter where it began."
Another policy decision that sparked discussion among Board
members and staff alike was the ruling that the race of an applicant
be included in the case summary. Mr. Kauffmann siad he favored including
the race because"I lean over backwards for minority groups. If anything,
it's to their benefit. When we know that an applicant is a Puerto Rican
or is black, we consider it to be mitigating. Actually, it discriminates
against white applicants if anything. But we try to handle each case
as fairly as possible. I think we do anyway. I wouldn't tolerate the
unfair disposition of a case on my panel if I thought we were being
less than just."
Board members have been putting in 18 and 20 hour-long workdays
in order to read the 120 cases on a typical docket, he said. "I've
never seen a harder working group anywhere. I have incredible admiration
for the work of the staff also. I never thought those in the federal
government worked so hard. He said it takes him about two and a half
hours to read 30 cases or about 10 hours to complete a docket. "I'm
a slow reader because I like to understand what it is I'm looking at.
Some of the cases aren't as meticulously done as others, so I add up
everything myself (AWOL time, confinement time, creditable service)
he said. "If you leave here at 7:00 p.m. after sitting on panels all
day and are back at 9:00 a.m., it becomes almost impossible to read
all the cases Mr. Kauffmann said he favored changing the present
schedule of workdays on Monday, Tuesday, Wednesday and Friday with
Thursday as a reading day to one with Wednesday as the reading day in order
to make it easier to get the cases read. When asked if he would prefer
two reading days a week he commented, "We already have that. They
give us Saturday and Sunday to get our work done."
When asked if he felt that the PCB was accomplishing President's
Ford's goal of healing the divisiveness caused by the Vietnam war,
Mr. Kauffmann said, "with a nation as diverse as ours, I'm not sure
anybody will be happy with what we're doing. But I think the
President is right about the need for the clemency program. I think
this is an important thing to do. And Charlie Goodell is doing a hell
of a job in a very difficult position. The right is very careful about
clemency because the left--persons like Mary McGrory (a syndicated
columnist for The Washington Star) wants to give everybody clemency.
I'm very impressed by his handling of the work."
5 weeks / Put. accts
WITH ONLY 5 WEEKS REMAINING BEFORE THE PRESIDENTIAL
CLEMENCY BOARD CONCLUDES ITS WORK, I WOULD LIKE TO ISSUE THIS
STATEMENT TODAY CONCERNING THE STATUS OF OUR PROGRAM.
GERALD P. FORD
3 Program
3
"YOU WILL RECALL THAT THE PRESIDENT IMPLEMENTED THE
EXECUTIVE ORDER ESTABLISHING THE CLEMENCY PROGRAM LAST SEPTEMBER 16, 1974,
.AND, AS IT GAINED MOMENTUM, THE PRESIDENT EXTENDED THE APPLICATION
DEADLINE TWICE UNTIL THE FINAL DATE OF MARCH 31, 1975.
SHORTLY THEREAFTER, WE RECEIVED NEARLY 21,000 APPLICATIONS
OF WHICH ROUGHLY 5 TO 6,000 PROVED TO BE INELIGIBLE. WE NOW HAVE
BETWEEN 15 and 16,000 TOTAL ELIGIBLE APPLICATIONS. THE BOARD
WILL DEFINITELY FINISH PROCESSING ALL OF THESE CASES AND GO OUT
OF EXISTENCE BY SEPTEMBER 15th BECOMING ONE OF THE FEW FEDERAL
AGENCIES TO GO OUT OF EXISTENCE IN THE SHORT SPACE OF ONE YEAR.
AS OF AUGUST 1st, THE PRESIDENT HAS SIGNED OVER
-2-
1,000 PARDONS AND HAS NOW BEGUN RECEIVING PACKETS OF 1,000 OR
MORE CASES ON A REGULAR BASIS.
AS OF TODAY, THE BOARD HAS ACTED ON 12,000 CASES.
INFORMATION ON THE CHARACTERISTICS OF THESE APPLICANTS HAS BEEN SURPRISINGLY
REVEALING. ROUGHLY 25% (1/4) OF OUR MILITARY CASES ARE
INDIVIDUALS WHO SERVED VALIANTLY IN VIETNAM AND SUBSEQUENTLY
GOT INTO TROUBLE WHEN THEY CAME HOME.
ABOUT 66% (2/3) OF OUR
CIVILIAN APPLICANTS EVIDENCED SUBSTANTIAL CONSCIENTIOUS OBJECTIONS
TO THE WAR BUT WERE UNABLE TO OBTAIN PROPER C.O. STATUS AND THEY
HAVE BEEN RECOMMENDED FOR OUTRIGHT PARDONS. ALMOST 50%
(1/2)
OF OUR TOTAL APPLICANTS HAVE RECEIVED OUTRIGHT PARDONS WHILE
ANOTHER 20% (1/5) have RECEIVED CONDITIONAL PARDONS BASED ON
COMPLETION OF BETWEEN 3 to 6 MONTHS ALTERNATE SERVICE.
APPROXIMATELY 16% (1/6) ARE REQUIRED TO SERVE BETWEEN
6
and 12 months AND VERY FEW APPLICANTS RECEIVED OVER 12 MONTHS
OF ALTERNATE SERVICE.
ONLY 6% HAVE RECEIVED DECISIONS OF
"NO CLEMENCY". AS DISTINCT FROM THE JUSTICE AND DEFENSE PROGRAMS,
ALL OF OUR APPLICANTS HAD ALREADY BEEN PUNISHED FOR THEIR OFFENSES.
-3-
THE PROCESSING OF THIS TREMENDOUS AVALANCHE OF
APPLICATIONS NECESSITATED A MAJOR EXPANSION. THROUGH THE COOPERATION
OF MANY GOVERNMENT AGENCIES, WE "BORROWED" STAFF ATTORNEYS AND
CLERICAL SUPPORT -- AT TIMES NUMBERING OVER 600 PEOPLE. SOME
OF THESE INDIVIDUALS WERE ABLE TO STAY ONLY A FEW WEEKS, WHILE
OTHERS HAVE BEEN AVAILABLE FOR 3 or 4 MONTHS. Commend
LAST MAY, WE ALSO ADDED NINE (9) ADDITIONAL BOARD
MEMBERS. YOU WILL FIND BIOGRAPHIES OF ALL 18-MEMBERS ATTACHED
TO YOUR PRESS RELEASE -- FOR YOUR INFORMATION.
SINCE THE 1ST OF JUNE, THE FULL BOARD HAS BEEN
WORKING, NON-STOP, ACTING ON CASES AT THE RATE OF APPROXIMATELY
1100 A WEEK. THEY WORK IN PANELS OF 3 WITH ANY BOARD MEMBER ABLE
TO REFER A CASE TO THE FULL BOARD. WE ARE MAINTAINING THE
INTEGRITY WE INITIATED AT THE BEGINNING BY CONTINUING TO REVIEW
THE APPLICATIONS INDIVIDUALLY AND ALLOWING EACH PERSON THE
OPPORTUNITY OF CORRECTING OR RESPONDING TO THE SUMMARY OF HIS CASE.
WE ARE ALSO GRANTING PERSONAL APPEARANCES TO THOSE WHO REQUEST IT.
THOSE OF US SERVING ON THE PRESIDENTIAL CLEMENCY
BOARD HAVE EXPERIENCED MANY HOURS OF PHILOSOPHICAL AND EMOTIONAL
SOUL SEARCHING. WE HAVE REVIEWED THOUSANDS OF SYMPATHETIC
AND TRAGIC CASES. AS I INDICATED EARLIER, MANY APPLICANTS
WERE VIETNAM HEROES AND OTHERS TRULY HAD LEGITIMATE CONSCIENTIOUS
OBJECTIONS TO THE WAR.
THESE PEOPLE HAVE ALREADY BEEN
CONVICTED. THEY HAVE PAID A PRICE. THE BENEFIT OF A
PRESIDENTIAL PARDON SHOULD HELP THESE INDIVIDUALS RETURN TO THE
MAINSTREAM OF SOCIETY AS SELF-SUPPORTING AND USEFUL CITIZENS
AGAIN.
WHILE THE BOARD MEMBERS COME FROM VARYING BACKGROUNDS
AND POLITICAL PERSUASIONS, THEY HAVE SUCCESSFULLY INTERREACTED
MAKING IT POSSIBLE TO WORK TOGETHER IN AN OBJECTIVE AND JUST
MANNER -- CARRYING FORWARD THE SPIRIT OF THE PRESIDENT'S PROGRAM..
TO BIND THE WOUNDS'."
#
anyone else
FOR EVA and anyolee/ who answers the Phone This Morning:
Evelyn
Calls coming in asking for information about the
P ress Conference, please tell them the following:
11:00 AM today, at our new Location -- 2033 "M" Street, N.W.
Across from CBS in the old VA Building - in the Sixth Floor
Conference Room, Chairman Charles Goodell will hold a
Press Conference.
SUBJECT: CLEMENCY BOARD CLOSES DOWN IN 5 WEEKS..
STATUS REPORT ON WHAT HAS BEEN ACCOMPLISHED.
NO SPECIAL CLEARANCES REQUIRED. OPEN TO ALL MEDIA.
R. FORD
PARKING IN PUBLIC GARAGE NEXT DOOR.
CONTACT: NIA NICKOLAS, PRESS SECRETARY
NEW PHONES: 254-5066 & 254-6947
WE HOPE YOU CAN ATTEND. THANK YOU.
Senator
PRESIDENTIAL CLEMENCY BOARD
Goodell
OLD EXECUTIVE OFFICE BUILDING, ROOM 460
WASHINGTON, D. C. 20500
Office of the Press Secretary
202: 456-6476
Release #1-74
For immediate release
October 25, 1974
PRESIDENTIAL CLEMENCY BOARD REVIEWS CASES
Washington, D.C.
The Presidential Clemency Board met on
October 23rd and 24th and reviewed 60 cases of individuals furloughed
from federal prisons.
Tentative decisions were made on each of the cases. Within this group,
the Board has received indications of interest in pursuing the Clemency
Program but has deferred final action to allow each individual an opportunity
to submit a personal statement concerning his case.
Beyond this, the Board has received approximately 560 applications from
people interested in the Clemency Program and is forwarding to them
appropriate information kits.
(more)
PRESIDENTIAL CLEMENCY BOARD REVIEWS CASES
2-2-2-
Regarding military cases, the Clemency Board has just begun to receive
records it believes are necessary for the preparation of case files.
The Presidential Clemency Board convenes again on Wednesday, October 30th.
At that time the Members hope to be able to make some definitive judgments
on the cases reviewed this week, based on the detailed information they
expect to receive.
The meeting will take place at 9:00 AMin Room 459
of the Old Executive Office Building, Washington, D.C.
-30-
15th
May 9th
-
Senator Goodell from Nia:
of LIBRARY GERALD FORD
Attached please find the bios of the
new Board Members which they personally
approved today.
A suggested draft of the President's
statement is attached for your consideration.
I have purposely omitted the extraneous
details from his statement as he generally
would not say that much. We will, however,
be able to elaborate to any degree we
feel proper at our own Press Conference.
Let's chat at your convenience please.
Thanks.
DRAFT - SUGGESTED STATEMENT BY THE PRESIDENT
WHEN RON NESSEN ANNOUNCES THE NEW BOARD MEMBERS
ON FRIDAY, MAY 16th.
Today I have signed the Commissions appointing an additional 8-Members
to the Presidential Clemency Board. With the original 9-Member Board, this
now makes a total of 17 Members who will review the cases of over 19,000
individuals who applied for Clemency prior to the March 31st deadlim.
On September 16, 1974, I issued Executive Order #11803 announcing
the formation of the Presidential Clemency Board for the purpose of binding
up the wounds of the Vietnam War and providing an opportunity for deserving
young men to earn their way back into society through alternative service
and/or a possible pardon.
I am especially pleased that so many chose to take advantage of this
Program and commend Senator Charles E. Goodell, Chairman of the
Presidential Clemency Board, for his earnest and devoted service to
this cause.
The necessity for expanding the Board to include these additional
8 people arises from the treme ndous workload involved in individually
processing over 19,000 cases prior to September 16, 1975 when the
Presidential Emergency Fund for this project expires. We are most
fortunate to have secured the services of the following distinguished citizens
whom, I believe, will lend their unbiased and diversified talents and
expertise to the important task at hand.
The new Members are;
Mr. Timothy Lee Craig
Mr. John A. Everhard
-2-
Ms. W. Antoinette Ford
Reverend Monsignor Francis J. Lally
Mr. E. Frederic Morrow
Mr. Lewis B. Puller, Jr.
Mr. Harry Riggs
Mrs. Joan Vinson
(OPTIONAL -- )
The original 9 Members who have bean serving since last
September are:
Chairman Charles E. Goodell
Dr. Ralph Adams
Mr. James P. Dougovito
Honorable Robert H. Finch
Reverend Theodore M. Hesburgh
Mr. Vernon E. Jordan
Mr. James Maye
Mrs. Aida O'Connor
General Lewis W. Walt
* # # #
PRESIDENTIAL CLEMENCY BOARD
THE WHITE HOUSE
Washington, D. C. 20500
Press Office: 202: 634-4806
BIOGRAPHIES
NEW MEMBERS OF THE PRESIDENTIAL CLEMENCY BOARD
ANNOUNCED BY THE PRESIDENT MARCH 16th
TIMOTHY LEE CRAIG
31 years of age:
Mr. Craig is the immediate Past President of the National Association of
Concerned Veterans and is also Vice Chairman of the Committee on Disabled
Veterans of the President's Committee on Employment of the Handicapped.
He also served on the Veterans Organization's Advisory Committee of the
Veterans Administration and the Veterans Employment Service Advisory
Committee. After his tour of duty with the U. S. Marine Corps, Mr. Craig
attended the California State University at Long Beach where he became
interested in Veterans Affairs and later became Statewide Coordinator of
the Association of California Veterans. Mr. Craig is a resident of
Alexandria, Virginia.
JOHN A. EVERHARD
56 years of age:
Mr. Everhard recently completed an assignment as Chief of the Administrative
Law Division in the Office of the Air Force Judge Advocate General. His
government service includes 33 years of both active duty and civilian employ-
ment with the Army and the Air Force. Mr. Everhard received his LLB Degree
from Southeastern University and is a Member of the Bar in both Virginia
and the District of Columbia. He is an active member of the Reserve Officers
Association, Air Force Association, American Legion and Delta Theta Phi and
presently resides in Vienna, Virginia.
W. ANTOINETTE FORD
33 years of age:
In 1973 Ms. Ford was appointed by President Nixon to be a Council Member for
the District of Columbia. Prior to that she was a Marketing Specialist for
the Department of Commerce and Director of Development for the Institute for
Services to Education. In 1971, Ms. Ford was chosen as a White House Fellow
and in that capacity served as Special Assistant to the Secretary of the
Treasury and also traveled to Sweden and Africa for special assignments for
the Office of the Vice President. Her other activities have included
-more-
-2--
Hostess on the "Public Hearing" radio program; Board of Trustees of Proctor
Academy, New Hampshire and Delegate to the International Peace Academy in
Finland, 1972. Ms. Ford received a Bachelor's Degree from Chestnut Hill
College in 1963 and a Master's Degree from American University in 1966 and
presently resides in Washington, D. C.
REVEREND MONSIGNOR FRANCIS J. LALLY
56 years of age:
Monsignor Lally is presently Secretary of the Department of Social Development
and World Peace, U. S. Catholic Conference. He has served on numerous civic,
charitable and religious organizations and has received many honorary degrees.
The Monsignor is a Fellow of the American Academy of Arts and Sciences and has
authored a book entitled "The Catholic Church in a Changing America." Monsignor
Lally holds degrees from Boston College, St. John Seminary and Laval University.
He currently resides at St. John's Hall in Washington, D. C.
E. FREDERIC MORROW
65 years of age:
Mr. Morrow is presently Vice President of the Bank of America in New York City.
He formerly achieved the distinction of becoming the first black man to serve
as Executive Assistant to a President under Dwight D. Eisenhower. Prior
assignments included service as Administrative Assistant to the Secretary of
Commerce and member of Public Affairs Staff of the Columbia Broadcasting
System. He entered the Army in 1942 as a Private and was discharged as a
Major four years later. Prior to World War II, he was the Field Secretary
for the National Association for the Advancement of Colored People. Mr. Morrow
holds degrees from Bowdoin College and the Rutgers University Law School and
has authored 2 books. Mr. Morrow and his wife, the former Catherine Gordon
of Chicago, presently reside in New York City.
LEWIS B. PULLER, JR.
29 years of age:
Prior to his appointment as a Board Member, Mr. Puller served as a staff
attorney on the Presidential Clemency Board. His former assignment was
staff attorney for the General Counsel of the Veterans Acministration.
Mr. Puller is a member of the Virginia State Bar and received his degrees
from the College of William and Mary. He was honorably discharged from the
U. S. Marine Corps as a First Lieutenant after sustaining a physical disability
from wounds received in Vietnam. His decorations include the Silver Star;
Vietnamese Cross of Gallantry; Navy Commendation Medal with Combat "V" and
2 Purple Hearts. He is married to the former Linda Todd and they reside in
Alexandria, Virginia with their two children.
-3-
HARRY RIGGS
56 years of age:
Mr. Riggs comes to the Presidential Clemency Board from the Amnesty Section
of the National Headquarters of Selective Service. Prior to that he was
involved in private industry which followed a career in the Army during which
he rose from the rank of Private to Major. He presently holds the
rank of Colonel in the Army Reserves. He is married to the former Marian Hinn
of Plainview, Texas where they reside with their four children.
JOAN VINSON:
Prior to her appointment as a Board Member, Mrs. Vinson served as the Director
of Public Affairs for the Presidential Clemency Board. Her previous assign-
ment was with the American Revolution Bicentennial Administration where she
served as the Public Affairs Officer. From 1970 thru 1972, Mrs. Vinson
served as the National Coordinator of the National League of Families of
American POW/MIA's where she was totally responsible for the origination
and organization of a nationwide campaign which aroused public awareness
of this important issue. She received her Bachelor's Degree at the University
of Florida and also attended the School of Fashion Design in Los Angeles and
the School of Interior Design in Columbia, South Carolina. Mrs. Vinson
presently resides in Alexandria, Virginia with her four children.
#
#
#
4:45 PM Friday, June 6th
3
Call from Carroll Kilpatrick of the Post
223-7442
Would like a satement from you concerning the following
press release issued by John Stang, Commander (National Commander)
of the VFW -- The release is actually the text of a telegram
they sent to the President.
To the President:
I have been reliably informed that you are seriously considering
granting a general and total amnesty to those who deserted the
Armed Forces and who dodged the draft by failing to report for
induction or leaving the legal jurisdiction of the Courts
by moving out of this country. I am further informed that Charles
Goodell is urging this action for persons in the Vietnam era. A
Terrible travesty of justice would fall on those who served
honorably. If you are going to do this, then you should clear
all the prisons; clear the names of the dead deserters so their
families would not have to live in shame; clear the names of
those who have lived with this punishment. Nobody ever granted
amnesty to those who served in Korea.
Mr. Kilpatrick indicates that the Post representative at the
Pentagon also heard that you are urging the President to
declare total amnesty.
He is going to file a story in the next 30 minutes and I would
appreciate your comments.
I am aware of your former statement that those who did not serve
have an ongoing obligation to their governement.
A) Do you wish to speak to him personally?
Yes
no
B)
What would you like me to pass on to him.
also Jerry Bauleh
of ap. 5:00 Pm
Thank you - Nia
are talked to Kilpatrick. not true
think Mr. Stang has a tendency to identify any thung Re doesn & want
with me!
PRESIDENTIAL CLEMENCY BOARD
MEMORANDUM
eG
TO:
SENATOR GOODELL
FROM:
NIA &
ERALD
DATE:
JUNE 24, 1975
SUBJECT:
Information for Jack Hushen for President's Press
Conference this afternoon.
It has just come to my attention this morning that the President has now
signed 372 of the 373 cases which were before him .(this includes the
original 165.)
The "hot issue" now which will undoubtedly come up at the Press Conference
today is:
1)
How many more cases have been sent to the President
2)
What procedure have we set up with the White House
for signing the "thousands" of cases which will be
going forward:
a) Will Buchen review and pass on a general
recommendation from his office which
is concurrent with ours?
b) How will we maintain the "PersonAlized"
attention to each case which was
exercised in the Past?
c) How will we avoid the "log-jam" of
cases which must be signed.. that is
avoid having them sit and marinate etc.
3)
Will the President be announcing the names as he signs them?
He has not as yet announced the names of the last 80 which
were signed prior to his European trip.
a) If he doesn't announce names, how does
the applicant know of the disposition other
than our telegram.
(Our problem is the ignorance we must plead
about releasing any information about the applicants
when we can't even say that the President will announce
names.)
Please advise during the lunch break if possible SO I can inform
the White House Press Office in time for the Press Conference.
Thank you so much.
PRESIDENTIAL CLEMENCY BOARD
THE WHITE HOUSE
WASHINGTON, D.C. 20500
Memorandum
TO:
SENATOR GOODELL
FROM:
NIA NICKOLAS
JUNE 23, 1975
Noon
SUBJECT:
New York Times Article of Sunday, June 22
I just returned from a meeting with Jack Hushen at the White House.
Jack wanted to know basically what our status was so I gave him a
complete rundown and indicated it was the same information I imparted
to Jim Wooten:
Because our caseload jumped to approximately 16,000 overnite
after the March 31st deadline, it was necessary for us to
request additional staff attorneys and clerical help to
process these cases before the September 15, 1975 deadline.
During April, we busied ourselves with setting up a system
to handle the caseload, allocating cases to staff attorneys
as they came on board, and also expanding our existing Board
Members (9) to an additional 9 to equal 18 Members.
About the first of May we really started to set up shop in
these new quarters at "M" Street which meant we had to install
phones, obtain furniture, move files and set up shop for
a staff now numbering between 400 and 500 people.
By about the 1st of June, we were in operation with our new
Members on board. We are working in 4 panels and the cases
which the individual panels find problematic or on which they
feel the judgment of the full board is required, are tabled
and then brought before the full board. Working 5 days, and
reading 2 days.
Most important factor is that the original ethic of handling
the cases on an individual basis and allowing the applicant
his 30 days to respond or correct his summary -- will be maintained
in the spirit of the President's executive order. We do have
16,000 cases to process, but we will not ramrod them thru
and lose sight of the fact that we are dealing with people's lives
and we consider that a significant responsibility.
QUESTION: He asked, are you now going to start submitting cases
to the President 1,000 at a time?
REPLY: Mr. Buchen and the Senator are working that out and are
in the process of working out a compatible system.
-2-
(Senator, I did not feel I should respond to questions concerning
the process of briging the cases before the President. If you have
some instructions on this, please advise.)
Further on, I told Jack that ae are processing cases at about 1,000
or 1,200 a week and that we have now processed over 5,000 and
hope to continue at that rate to meet our September 15, deadline.
ABOUT JIM WOOTEN OF THE TIMES:
When Jim came into our office last week, he was appaled at the
"sparse" circumstances under which we are working and especially
at the Board Member's offices. He could not believe that people of
that caliber would consider working in that manner. I explained
to him that these were very dedicated people and that our main
interest was not the circumstances under which we performed our
work, but the quality of work we performed.
He also noted that there were boxes around and asked. "What is all
this?" I told him we just moved in and were waiting for file cabinets
and
furniture" hence the "I can't get a file cabinet quote".
He also noted that the attorneys did not have phones on their desks
and on the elevator coming up to your office, several people got
on and complained about the air conditioning and one person said
he was going home sick due to the heat. On the 9th floor, several
people said.. "God, it's hot and the air conditioning isn't working."
And ad infinitum.
NOTE:
I spoke with Jim Wooten at 10:00 AM in Florida -- He said that
if we could read the article and find any untruths in it... or that
if we could honestly say that we are not stepchildren of the
government and that we really are^operating NOT under difficult circumstances,
they he or some one else at the Times would be happy to write another
article.
I told him we would let him know.
DO YOU WANT TO RESPOND IN THAT MANNER?
Yes:
No:
Thank you. Nia
P.S. The Press Office at the White House is with us one hundred per cent.
PRESIDENTIAL CLEMENCY BOARD
MEMORANDUM
TO:
SENATOR GOODELL
FROM:
NIA
DATE:
JULY 9, 1975
GERALD ARESSIT ⑈ FORD
SUBJECT:
PRESS INQUIRY
David Kuhn - Minnempolis Tribune
347-5885
You may recall last winter that David spent 2 days visiting the PCB office
gathering information on our Program and that later he did a personal
interview with you which resulted in a very long and in-depth favorable
article on us.
David called today and asked for follow-up information and I told him
you were in Full Board and would speak to you and call him back on
Wednesday, July 9th.
David is a very meticulous reporter and is not easily satisfied with
non-answers. He is not malicious but very probing and I can't just
sluff him off with the normal stock answers.
I spoke to Gretchen and she advises that:
The President has signed only a total of:
372 cases
Only 553 cases have been sent to him.
They are currently working on the May 22nd Board meeting so allowing
30 days from May 22 to June 22 (had the summaries been sent to applicants
on time) we would have had at least those approximately 752 cases also
ripe and on the President's desk. (I understand that of those 752 cases
about 150 Strauss holds have been put on plus another 250 holds for other
reasons.)
I FULLY REALIZE WHAT THE PROBLEMS ARE and don't wish to make waves for you
or us but... WHAT CAN I TELL DAVID?
Need to chat with you this afternoon please.
PRESIDENTIAL CLEMENCY BOARD
MEMORANDUM
TO:
SENATOR GOODELL
cc: Larry Baskir
FROM:
Nia
DATE:
Monday, July 14th
SUBJECT:
Press Requests for Tuesday, July 15th
FOR is LIMORET 07VS,
10:30 AM
1)
MARY McGRORY's office called and asked if the 10:00 AM Andrew Davis
hearing before Full Board was open to the Press tomorrow. I checked
with Larry who advised that if Davis wanted to call the press, he
was free to do so but that his attorney would have to call and let
us know. etc. I explained this to them and made it clear that we
had no objection but that we aid not have the right to call the
Press as we were obligated to respect his right to privacy.
They may be calling us back -- if they have made contact with Davis.
Апуwау... we can expect something to come of it.
Have you any special thoughts other than those I am aware of?
2)
12:15 PM
Rita Braver of CBS-TVnews called for Marya McLaughlin. They
would like to interview you either tomorrow or Wednesday on
the general status of the Board - etc. which we are familiar with.
Also, they wanted to know if they could come in tomorrow and do
silent camera of the Full Board meeting. (Before and in between
private sessions). Explained to her that since some applicants
were appearing personally tomorrow it might be tricky as we
would not want them to think we had not observed their right to
privacy etc.
She asked if we would simply relay a message to the 2 applicants
that CBS would like to interview them - Told her I would get back
to her after checking with general counsel et all
a)
Should we just call her and give her the number of
Davis or Robinson?
(12:30 - checked with Larry who said okay to give her Atty's Lynn's
number.) we held up on this at 12:45
SENATOR:
What plans do you want to make for tomorrow?
Do you need remarks or press statement?
YES:
NO:
Let's chat please.
ar
PRESIDENTIAL CLEMENCY BOARD
MEMORANDUM
TO:
BRUCE LAWHEAD
ce: Senator Goodell
Larry Baskir
FROM:
Nia Nickolas
DATE:
July 21, 1975
SUBJECT:
Interviews with Board Members for
In-House Newspaper
FORD & LIBRARY 078830
Pursuant to our discussion and memo of July 17th, further discussion
with the Board Members has confirmed what we debated last Thursday.
THE BOARD MEMBERS DO NOT WISH TO BE INTERVIEWED AND
CERTAINLY DO HOT WISH TO BE QUOTED
Mr. Kauffmann read the draft and requested that we "Kill it" and so
without further discussion I would appreciate your asstring that
the original and all xerox copies you, Collen or Lyman may have made
be immediately destroyed.
I am sorry Bruce. I tried to explain to you and Coleen that these
interviews were unvise -- out of order and also indiscreet.
As the Press Secretary, you will simply have to respect my view...
Larry's confirmation of that view as set out in the memo of July 17th...
and I will continue to respect your expertise in your own fieled of
administration.
Thank you for your cooperation.
PRESIDENTIAL CLIMENCY BOARD
MINORANDOM
TO:
BRUCE LAWHEAD
00: Larry Baskir
FROM:
HIA NICKOLAS
DATE:
July 17, 1975
SUBJECT:
Interviews with Board Members for
In-House Newsletter
Bruce ****
Several Board Members have indicated to me that they are just
too busy to be bothered with interviews for an in-house paper, and
would appreciate it if they would not be asked about it.
I understand that it is an interesting piece for the staff,
however, with the heavy workload that the Board Members are working
under -- and the amount of reading they must do --plus attempting to
stay on top of their own private business and personal endeavors,
they just don't have time.
I asked Larry's opinion about this and he agreed that it was
a bit much to ask of them and that I should request that you please
call a halt to that project.
The biographies which vere furnished to Colleen and Lymn
really provide enough background information and have also been
cleared with the Members, so they don't mind if you publish those.
Thanks for you help in relaying this to Coleen and Lyman.
We may be able to think of another project of interest if we put
our heads together.
NiA
Ristribe
(John Hoy Kauffmann, a director and former president of the
Washington Star Syndicate, Inc., which owns, among other properties,
the Washington Star newspaper, is one of the second group of nine
Board members appointed by President Ford after May 1. Mr Kauffmann
talked about the work of the Board and his views on clemency policy
during an exclusive interview with Excusez-Moi correspondent
Colleen Sullivan.)
The determination of alternate service for applicants should be
based on the needs 01 the individual, according to Mr. Kauffmann.
"I've been fighting for the last two months about this. If we give
somebody three months and they can only work 10 hours a week, then that
10 hours should only last three months, he said. "It's more important
that the individual be able to go home at night and spend time with his
family, his children, than have his alternate service drag on."
While he believes that clemency should be extended to as many
persons as possible, Mr. Kauffmann said he considers serious felony
cases apart from others. "I draw the line where there has been bodily
injury or a threat to a body. Otherwise you could put all those cases
on a computer and forget about panels, he said. "When somebody is
accused of murder, I find it hard to feel that he deserves clemency.
The decision of the Board July 15 to extend its jurisdiction to
an applicant who claimed he had applied for clemency to a U.S. official
in Canada before the deadline but was subsequently arrested on draft
evasion charges when he crossed the border was hailed by Mr. Kauffmann
as "great." "I think it was exactly right. We've got to lean over
backwards to give clemency. People are afraid that if we extend our
jurisdiction we'll be inundated with cases like that, but that's
precisely what we're here for. We should be handling more cases. If
we get thousands of more applications, we'll find a way to hear them
all. If we have to work 24 hours a day, we'll do it.
Mr. Kauffmann said there is little policy disagreement among
Board members. "Amazingly enough, there isn't much. Gen. Walt is
a little more conservative perhaps. I love that man, he's a
fantastic person. I think he's done a marvelous job here.
Several policy changes have been made since the Board began
hearing cases; one of the most significant was decided at the Board
meeting July 15. Effective immediately, an applicant's drug addiction
or alcoholism will trigger the application of mitigating factor 3
(mental or physical condition). Mr. Kauffmann and Lewis Puller were
the board members who led the fight to broaden the application of this
factor. "All along I have had the position that drug addiction, not
just drug use, is like alcoholism. They illnesses and should be
a consideration in handling a case. The Board had had the position
that these were neutral, neither aggravating nor mitigating, " he said.
Senator - This is what Buice x Colleen
want to print in the neusalter-
mr Rareffman said "Kill it'- Reasons
are obvious
Most of the Board members would probably lean toward 3 more if
the condition were Vietnam-related, but I personally have trouble
differentiating. Addiction is addiction, no matter where it began. "
Another policy decision that sparked discussion among Board
members and staff alike was the ruling that the race of an applicant
be included in the case summary. Mr. Kauffmann siad he favored including
the race because lean over backwards for minority groups. If anything,
it's to their benefit. When we know that an applicant is a Puerto Rican
or is black, we consider it to be mitigating. Actually, it discriminates
against white applicants if anything. But we try to handle each case
as fairly as possible. I think we do anyway. I wouldn't tolerate the
unfair disposition of a case on my panel if I thought we were being
less than just.
Board members have been putting in 18 and 20 hour-long workdays
in order to read the 120 cases on a typical docket, he said. "I've
never seen a harder working group anywhere. I have incredible admiration
for the work of the staff also. I never thought those in the federal
government worked so hard. " He said it takes him about two and a half
hours to read 30 cases or about 10 hours to complete a docket. "I'm
a slow reader because I like to understand what it is I'm looking at.
Some of the cases aren't as meticulously done as others, so I add up
everything myself (AWOL time, confinement time, creditable service),
he said. "If you leave here at 7:00 p.m. after sitting on panels all
day and are back at 9:00 a.m., it becomes almost impossible to read
all the cases. Mr. Kauffmann said he favored changing the present
schedule of workdays on Monday, Tuesday, Wednesday and Friday with
Thursday as a reading day to one with Wednesday as the reading day in order
to make it easier to get the cases read. When asked if he would prefer
two reading days a week, he commented, "We already have that. They
give us Saturday and Sunday to get our work done.
When asked if he felt that the PCB was accomplishing President's
Ford's goal of healing the divisiveness caused by the Vietnam war,
Mr. Kauffmann said, "With' a nation as diverse as ours, I'm not sure
anybody will be happy with what we're doing. But I think the
President is right about the need for the clemency program. I think
this is an important thing to do. And Charlie Goodell is doing a hell
of a job in a very difficult position. The right is very careful about
clemency because the left--persons like Mary McGrory (a syndicated
columnist. for The Washington Star) wants to give everybody clemency.
I'm very impressed by his handling of the work."
PRESIDENTIAL CLEMENCY BOARD
MEMORANDUM
TO:
SENATOR GOODELL
cc: John Hoy Kauffmann
Robert S. Carter
FROM:
Nia Nickolas
DATE:
August 7, 1975
2:30 PM
FORD i LIBRARY 07V830
The White House just called to advise me that at 3:00 PM today,
there will be a Press Posting announcing that Mr. Kauffmann and
Mr. Carter have been appointed as Presidential Clemency Board
Members.
Congratulations Gentlemen!
PRESIDENTIAL CLEMENCY BOARD
MEMORANDUM
TO:
SENATOR GOODELL
cc: Bruce Lawhead
FROM:
NIA NICKOLAS
DATE:
August 8, 1975
SUBJECT:
Location of Press Conference on Tuesday, August 12th
11:00 AM
GERALD FORD CIBRARY
Bruce and I have checked out all the locations available in this building
and it appears that the 6th Floor Conference room is the best.
1)
Bruce has kindly consented to move the desks out of the way
and put in several tables (long ones or smaller ones put together)
with chairs for the writing press.
2)
Jim LaFleur was nice enough to carry over the small lecturn which
was at 1206 location. It does not have a space for a microphone,
however, SO I have requested that Bruce please try to locate
a stand-up mike.
The acoustics in that room are very poor and I really don't think
we can get by without a microphone.
3)
We will also arrange for the "flag" to be set up by the lecturn...
so there will be some color.
Please advise if this meets with your approval.
Have a pleasant weekend.
Saturday, August 9th
Thanks for your cooperation.
TO:
SENATOR GOODELL
I will be available all day
Sunday and in and out Saturday
FROM:
NIA
at home on 790-0275
Dear Senator:
Attached please find the original and one copy of the press
release.
For your information, here are background details I used in
completing it.
FROM BILL STRAUSS:
Almost half:
Pardons
Over 1/3th:
3-6 months of Alt. Service
About 1/6th:
More than 6 months of Alt. Service
FORD
&
(Usually 6-12 months)
6%:
No Clemency
DEBALD
INFORMATION YOU DICTATED TO ME IN THE OFFICE:
First Paragraph:
1)
One of few federal agencies to complete work in one year
2)
PCB has disposed of 12,000 cases
3)
President has signed more than 1,000
Note: I reversed this putting the President before the
12,000 cases as the character description was
lenghty. We can switch that if you choose.
Second Paragraph:
1)
Roughly 1/4 of military cases served in Vietnam @.0,
2)
2/3 of civilian applicants objected to war on religious grounds
3)
1/2 of our total applicants have received Outright Pardons
4)
Another 20% have received 3 months Alternate Service
5)
Very few of our applicants received more than 12 months
6)
6% were denied Clemency.
FROM GRETCHEN:
Over 21,000 applications received
5,000 Non-jurisdictionals
16,500 for Board to consider
Still finding Non-jurisdictionals so it is conceivable
it could drop to 15,000
President has signed 1051 and has begun receiving packets of 1,000
or more on a regular basis
An additional 1031 went him this week 8/4 thru 8/8
Minimym of 1150 going next week 8/11 thru 8/15
PRESIDENTIAL CLEMENCY BOARD
2033 "M" Street, N.W.
Washington,D.C.
CONTACT: Nia Nickolas, Press Secretary
202: 254-5066 & 254-6947
FOR IMMEDIATE RELEASE:
AUGUST 12, 1975
Washington, D. C
With only 5 weeks remaining before the Presidential
Clemency Board concludes its work, Chairman Charles E. Goodell today
issued the following statement:
"You will recall that the President implemented the Executive
Order establishing the Clemency Program last September 16, 1974
and, as it gained momentum, the President extended the application
deadline twice until the final date of March 31, 1975.
Shortly thereafter, we received nearly 21,000 applications of
which roughly 5 to 6,000 proved to be ineligible. We now have
between 15 and 16,000 total eligible applications. The Board will
definitely finish processing all of these cases and go out of
existence by September 15th having been one of the few federal
agencies to complete its work in the short space of one year.
As of August 1st, the President had signed over 1,000 Pardons
and has now begun receiving packets of 1,000 or more cases on a
-more-
-2-
regular basis.
As of today, the Board has acted on 12,000 cases. Information
on the characteristics of these applicants has been surprisingly
Please indicate which you perfer to use - % n fractions
revealing. Roughly 25% (1/4) of our military cases are individuals
who served valiantly in Vietnam and subsequently got into trouble
when they came home. About 66% (2/3) of our civilian applicants
evidenced substantial conscientious objections to the war but were
unable to obtain proper C.O. status and they have been recommended
for Outright Pardons. Almost 50% (1/2) of our total applicants
have received Outright Pardons while another 20% have received
Conditional Pardons based on completion of between 3 to 6 months
Alternate Service. Approximately 16% (1/6) are required to serve
between 6 and 12 months and very few applicants received over
12 months of Alternate Service. Only 6% have received decisions
of "No Clemency. 11
The processing of this tremendous avalanche of applications
necessitated a major expansion. Through the cooperation of many
-more-
-3-
government agencies, we "borrowed" staff attorneys and clerical
support -- at times numbering over 600 people. However, some of
these individuals were able to stay only a few weeks, while others
have been available for 3 or 4 months.
Last May, we also added nine (9) additional Board Members.
(Biographies of the 18-Members are attached for your information.)
Since the 1st of June, the Full Board has been working, non-stop,
acting on cases at the rate of approximately 1100 a week. They
work in panels of 3 with any Board Member able to refer a case to
the Full Board. We are maintaining the integrity we initiated
CONTINUING TO REWEW
at the beginning by reviewing the applications individually and
allowing each person the opportunity of correcting or responding
to the summary of his case. We are also granting personal appearances
to those who request it.
Those of us serving on the Presidential Clemency Board have
experienced many hours of philosophical and emotional soul searching.
We have reviewed thousands of sympathetic and tragic cases. As I
indicated earlier, many applicants were Vietnam heroes and others
-more-
-4-
truly had legitimate religious objections to the war. These
people have already been convicted. They have paid a price.
The benefit of a Presidential Pardon should enable these individuals
to return to the mainstream of society as self-supporting and
useful citizens again.
While the Board Members all come from varying backgrounds
and political persuasions, they have successfully intereacted making
it possible to work together in an empathetic, objective and
just manner -- carrying forward the spirit of the President's
Program.
to bind the wounds 1 11
#
#
#
PRESIDENTIAL CLEMENCY BOARD
MEMORANDUM
TO:
SENATOR GOODELL
FROM:
NIA
SUBJECT:
ARTICLE IN "PARADE" MAGAZINE - Sunday, August 10, 1975
(Resulting from your interview here with Michael Gorkin
on June 12th)
DATE:
August 11, 1975
You will remember we had a pretty good interview with Gorkin - and
he also received from me, a memo with all the correct figures
that we submitted during that interview.
The numbers we gave him were:
Applications received:
16,524
(Final)
Number of applications
received before
non-jurisdictionals deducted: 18,711
Number of possible eligibles:
100,000
Evidently Michael Gorkin got pre-empted by George Michaelson.
Too bad they didn't at least get the numbers right.
FORD LIBRARY s 079839
The Tiller family, two of whose sons fled the Vietnam
to Levittown, N.Y
draft and still live in Canada, moved from Dante, Va.,
son, not shown in
Open to Discussion
Will We Ever Solve
the Amnesty Problem?
by George Michaelson
WASHINGTON, D.C.
raised, in Congress and elsewhere, is
ometime next month the Presiden-
$
what should be done about it.
tial Clemency Board expects to
Should these men be told, "Too bad,
complete its remaining batch of
it's too late"? Should the program of
Vietnam amnesty cases, and close
conditional, earned reentry (which calls
up shop.
for, among other things, up to 24
"All in all, the President's program
months of alternate, civilian service to
allowing for 'earned reentry' has been
the country) be reopened? Or, is a
a mixed success," says Charles E.
blanket, unconditional amnesty the
Goodell, the former New York Senator
answer?
who heads the board. "Only 23,000
applied, but I personally feel we have
Won't compromise
gone some distance towards easing the
To one mother, at least, the answer is
discord in this country caused by the
painfully clear. Says Mrs. Virginia Jones,
Vietnam war."
whose son is one of several thousand
8 PARADE AUGUST 10, 1975
Goodell may be right, but the fact
fugitives who are still in Canada: "I just
remains that of the 124,000 men cov-
can't accept that my son has to go on
ered by President Ford's program, more
living in exile. He's been away for five
than 100,000 have yet to ask for clem-
years, and God knows, he's paid his
ency. And the question now being
price for refusing the draft. He should
Some items in this folder were not digitized because it contains copyrighted
materials. Please contact the Gerald R. Ford Presidential Library for access to
these materials.
PRESIDENTIAL CLEMENCY BOARD
MEMORANDUM
TO:
SENATOR GOODELL
FROM:
NIA
GENETA FORD LIBRARY
DATE:
AUGUST 11, 1975
SUBJECT:
Interview with Cliff Evans, RKO Broadcasting
Your friend Cliff said he would not be able to cover tomorrow's
Press Conference, however, 1f you could call him on the phone
he would do a tape and send it out on the stations tomorrow
afternoon.
He will be available between 10:00 AM and no later than NOON.
This is a tight time frame, however, if you feel up to it at NOON,
we could call him right away and catch him before he leaves at 12:20.
965-2212 Direct line
965-1500 Office
YES
NO
Which time please
Thanks so much.
POSSIBLE QUESTIONS TO BE ASKED
1)
What about Vernon Jordan - resigned? arguments on Board cause him to
feel this way? - Why did he choose this manner to announce it?
2) a)
What about Andrew Davis - how come he got to apply after deadline?
b)
How many others applied late and were turned down -- have you
accepted any others ?
3) a) Are you truly going to shut down on September 15th
It seems there are too many cases to be decided and sent to the President
to be able to do that in 5 weeks.
b) What if the President doesn't sign them all before September 151th?
Do those men just lose out?
4)
What about upgrading discharges - Are there any plans between you -- the
President and the DOD to upgrade discharges?
5)
What about Veteran's benefits?
6)
What about Medical benefits?
7)
What effect do you think this Clemency Program will have (if any) on the
President's chances for re-election?
8)
What do you think will happen with Nelson-Javits. We understand you had
something to do with writing that bill. Is there some plan a foot to
end the PCB and have you underwrite Unconditional Amnesty?
9)
What appointment do you expect to get after September 15th?
10)
Do you plan to campaign for the President?
11)
We understand there has been much dissession on the Board - between
the Members - Is it really true that the Board has taken so long
to act on cases because they can't agree -- or agree to disagree?
12)
Do you think the President will risk declaring Unconditional Amnesty
after this Program is over? He didn't exercise the best judgment
when he pardoned Nixon wight at his highest popularity peak...so do
you think he will again be emotional instead of politically bright?
13)
What kind of report are you planning to send to the President at the
end of this Program? Will it contain any philosophical recommendations
about preventing future wars or abolishing anything but volunteer
military service?
PRESIDENTIAL CLEMENCY BOARD
MEMORANDUM
TO:
SENATOR GOODELL
FROM:
NIA
DATE:
AUGUST 11, 1975
SUBJECT: Interview with Cliff Evans, RKO Broadcasting
Your friend Cliff said he would not be able to cover tomorrow's
Press Conference, however, if you could call him on the phone
he would do a tape and send it out on the stations tomorrow
afternoon.
He will be available between 10:00 AM and no later than NOON.
This is a tight time frame, however, if you feel up to it at NOON,
we could call him right away and catch him before he leaves at 12:20.
965-2212 Direct line
965-1500 Office
YES
NO
R.FORD & LIBRERY
Which time please
BERALD
Thanks 80 much.
PRESS STATEMENT
August 12, 1975
PRESS STATEMENT
CHAIRMAN CHARLES E. GOODELL
PRESIDENTIAL CLEMENCY BOARD
TUESDAY, AUGUST 12, 1975
FORD s LIBRARY STATED
SELECTIVE SERVICE
FIGURES
Information on Reconciliation Service Program
(August 11, 1975)
Referring
Department
Clemency
Authority
Military
of Justice
Board
Totals
Enrolled
4508
723
101
5332
At Work
1353
459
19
1831
Completed A/S
52
9
7
68
Postponed
63
21
2
86
Referred to Job(s)
909
170
12
1091
New Enrollees
15
57
72
Job Interruptions
145
29
2
176
Terminated
1986
20
2
2008
Total Placements Accomplished 2848
1)
AS OF AUGUST 1st, THE PRESIDENT SIGNED OVER 1,000 PARDONS
2)
LAST WEEK AND AGAIN THIS WEEK, HE WILL RECEIVE PACKETS OF
OVER 1,000 CASES.
3)
BOARD HAS PROCESSED OVER 12,000 CASES
In 12,000 cases:
4)
OUTRIGHT PARDONS
50% (1/2)
CONDITIONAL PARDONS 3 to 6 MONTHS
20% (1/5)
CONDITIONAL PARDONS 6 to 12 months
16%
(1/6)
MILITARY CASES WHO SERVED VALIANTLY
IN VIETNAM:
25%
(1/4)
CIVILIANS WITH LEGITIMATE C.O. CLAIMS
66%
(2/3)
FOR IMMEDIATE RELEASE
ARGORDS
September 15, 1975
Office (1) the White Press Secretary
THE WHITE HOUSE
FACT SHEET
PRESIDENTIAL CLEMENCY BOARD TRANSITION
The President has today issued Executive Order
terminating the
Presidential Clemency Board operations and delegating residual admin-
istrative responsibilities to the Department of Justice and the
Selective Service.
Background
On September 16, 1974, the President issued a proclamation and Execu-
tive Orders establishing a program of clemency for draft evaders and
military deserters to commence immediately. The program for the re-
turn of Vietnam-era draft evaders and military deserters was formulated
to permit these individuals to return to American society without risk
of criminal prosecution or incarceration for qualifying offenses if
they acknowledge their allegiance to the United States and agree to
serve a period of alternate civilian service, when required as a con-
dition of clemency
The Presidential Clemency Board was comprised of eighteen private
citizens designated by the President with former Senator Charles E.
Goodell as Chairman. The Board reviewed the records of two kinds of
applicants. First, those convicted of a draft evasion offense commit-
ted between the date of the Tonkin Gulf Resolution (August 4, 1964)
and the date of withdrawal of United States troops (March 28, 1973)
Second, those who received a punitive or undesirable discharge from
the armed forces because of a military absentee offense committed
during the Vietnam era or were serving sentences of confinement for
such violations. The Board was empowered to make recommendations to
the President on a case-by-case basis either granting or denying
clemency. In the absence of aggravating factors, the Clemency Board
was expected to recommend clemency.
When appropriate, the Board could recommend clemency conditioned upon
the performance of some alternate service, to be performed under the
auspices of the Director of the Selective Service.
In the case of a military deserter, the Board could also recommend
that a clemency discharge be substituted for a punitive or undesirable
discharge. The Clemency and Board's recommendations to the President took
the form of a pardon, or a clemency discharge with and without condi-
tions of alternate service requirements
Militáry deserters and draft evaders who had not been discharged or
convicted did not apply to the Presidential Clemency Board but reported
to their military department or the Department of Justice. There they
were relieved of punishment contingent upon taking
an
eath
of
fulfillment of alternate service requirements.
The deadline- for all applicants to apply for clemency was originally
set for January 31, 1975, but was extended to March 31, 1975, to
respond to the heavy volume of applications received after the
original date.
(more)
(OVER)
2:
The Clemency Board was charged to complete its and recommenda-
tions to the President by September 15, 1975 on those applications
received by the March 31, 1975 deadline.
Accomplishments of the Board
The record of the Presidential Clemency Board reflects a successful
completion of the Board's responsibilities within the deadline date
of September 15, 1.975.
- The Board received approximately 21,500 applications and requests
for clemency.
- Of these applicants, approximately 5,000 did not qualify for the
program.
have
- The remaining approximately 15,500 cases have all been OK reviewed by
the Board and recommendations made for Presidential consideration.
- Approximately six percent of the total cases reviewed by the Board
resulted in recommendations for denial of the applicant's request
for clemency.
- Of the total, roughly 43 percent of the cases were recommended for
clemency conditional on fulfillment of alternate service for an
average of six months.
(outright)
- The remaining 51 percent of the cases were recommended for pardons.
n
Effects of Program
Expeditious action by the Board has enabled thousands of persons con-
victed of draft evasion or desertion to return to the mainstream of
American society. Many thousands who were recommended for clemency
can choose to fulfill alternate service requirements and cause less
than honorable discharges to be converted to clemency discharges,
while working in areas that contribute delatedly. to the betterment
of their community and the country. The maximum length of alternate
service is two years. In prescribing the length of alternate service
in individual cases, honorable service rendered prior to desertion,
penalties already paid under law for the offense, and other mitigating
factors were taken into account to ensure equity of treatment among
those participating in the program. The Director of Selective Service
has the responsibility to find or approve alternate service jobs for
those who agree to the conditional provisions and report for assignment.
Determining factors in selecting suitable jobs are:
- Contributes to national health, safety or interest;
- Non-interference with the competitive labor market;
- Compensation is comparable to that received by another employee
utilizing the same skills and occupying the same position;
- Utilizes any applicant's special skills, where possible.
Follow-Up Activities Related to Presidential Clemency Board Activities
Any
applications for executive clemency, as to which the Presidential
Clemency Board has not taken final action shall be transferred, to-
gether with the files related thereto, to the Attorney General.
(more)
(OVER)
General, with respect to the applications and related take all
HC Attorney transferred to him by Section 2 of this Order, shall
actions shall expeditiously report to the President his findings
files appropriate or necessary to complete the clemency process. and
and as to whether executive clemency should be granted
recommendations denied in any case. In performing his responsibilities under and this
or the Attorney General shall apply the relevant criteria
Order, with the appropriate and applicable instructions and 1974, procedures as
comply established by Executive Order No. 11803 of September 16, amended,
Proclamation No. 4313 of September 16, 1974, as
amended, Order No. 11804 of September 16, 1974, and, to the extent
Executive he deems appropriate, the regulations of the Presidential
Clemency that Board and the Selective Service System issued pursuant to
the foregoing Executive Orders.
#
4t
=
10:38 AM
UPI #95 David Anderson
A minority report sent tothe White House by 4 members of the PCB
characterized administration of the Program as "unethical"
and so amnesty oriented it bordered on illegality.
The rport written by retired General Lewis Walt of the Marine Corps.
and 3 other members, was made public today by the VFW, long time
opponenets of President Ford's limited amnesty program.
The minority on the 18-member Board said President Ford executive
order creating the Clemency Program was "misinterpreted, circumvented
and violated under Chairman Charles Goodell's leadership, and by
a largely anti-war staff.
"We believe" they said, "the original concept and plan as conceived
and announced by the President was a good sound workable plan
but the President's objectives have not been attained because of
the misderiction and mal-administration of the Plan.'
The majority was too easy in granting pardons, they said and some
actions taken "are not only unethical but they may also border on
illegality and could greatly discredit the President's Clemency
Program in the eyes of the American Public."
The Minority Report, sent to the White House the day the program
was ended was the second major schism within the Board that was
established by Ford to reconcile VietNam war opponents to society.
Vernon Jordan of the Urban League and original Board Member earlier
called for a Universal and Unconditional Amnesty and broke with
Ford's bplan for a XIX limited and conditional Clemency.
Walt and his colleagues said. "they opposed clemency for anyone
who has 2 or more convictions for serious crimes on his record
or "who deserted his comrades on the battlefield in VietNam."
But they said the majorities lenient actions had the effect of
setting "a liberal precedent relative t o executive pardons
slosely associated with felonious crimes."
The Board received about 16,000 eleigible applications from a potential
clientele of 100,000 Selective Service violators and military personnel.
To date President Ford has acted on about 2400 cases. Walt was joined
by Dr. Ralph Adams, Pres. of Troy U.; James Dougovito, instructor at
Michigan Tech U.; and retired Army Colonel Harry C. Riggs, of Plainview, Texas.
Associated Press - "Clemency Minority - by Dave Riley"
9:51 AM -
President Ford's Clemency Board was staffed by anti-war liberals who distorted the
intent of the Program - urged Préson inmnates to apply and voted clemency in cases
involving civilian felony convictions including rape and murder - 4 Board Members
say.
In a Minority Report submitted to the White House, the 4 Board Members said
Chairman Charles E. Goodell and a staff appeared to have misinterpreted and
circumvented and violated at least the spirit of the Presidential order establishing
the Amnesty Program for vietNam war resistors.
The report said the Chairman and the staff apparently sought to incarese the number
of applicants - liberaze thestructure of the Board - and set a liberal precedent
relative to executive pardons closely associated with felonious crimes.
Goodell said he had not read the report and would have no immediate comment on it.
He said the report had been sent to White House Counsel Philip Buchen but Goodell
said Buchen had returned the report unread because he has not received the Final
Majority Report.
The minority report was signed by retired Marine Corps General Lewis W. Walt
-- Troy State President Ralph Adams - James Dougovito and Harry Riggs.
The Minority Members said they opposed the Board's decidions granting clemency
to men with 2 or more convictions for serious crimes adding that we do not
believe athat a man who has deserted his comrades on the battle field in
Viet Nam or who refused to go to VietNam when he was so ordered should be
given Clemency.
FORD
They said that when the Board was expanded from 9 to 18 members Goodell stacked GERALE
the Panel so it became a more amnesty orriented - Goodell influenced group.
After the extension, the report said, Clemency was voted in cases involving
men with as many as 8 battlefield AWOL's and as many as 10 other AWOL's
including one with as long as 7 years.
Clemency was voted for men guilty of multiple refusals to go into combat and
in cases involving
civilian felony convictions including rape and murder
manslaughter - grand larceny, armed robbery, aggravted assault-- the 4 Board
Members said. The Minority report also accused Goodell of writing letters
to all the major prisons in the country seeking applicants for the Program.
This was done withtout the knowledge of Boade Members
this mail produced
over 2000 applications on which the Board has taken action and in the majority
of cases recommended Pardons
the report said.
The Minority said the Board's final report to the President was written by Goodell
staff and reflect their very biased pro-amnesty view. The first draft of th
Full Board's report which has not yet been submitted to the White House, includes
numerous misleading statements -- is non-factual in many areas -- and contains
whole chapters that are entirely irrelevant to the duties and functions of
the Board, the Minority said. The Clemency Board was officially disbanded
Sept. 15th but its members were to meet again in Washington on Sept. 29th
to work on the final draft of the report to the President.
-30-
A STATEMENT FROM THE MAJORITY OF THE PRESIDENTIAL CLEMENCY BOARD
CONTACT: Nia Nickolas, Press Secretary
254-5066 & 254-6947
FOR IMMEDIATE RELEASE:
SEPTEMBER 22, 1975
Washington,
D.C.....We, as a majority of the Presidential Clemency Board, wish
to commend the President for his courage and leadership in establishing an Earned
Re-Entry Program of Clemency for deserving Viet Nam era young men and women.
In the Executive Order of September 16, 1974, the President indicated his hope
was to heal the wounds of a very difficult and trying time in America's history.
As Members of the Board, we are deeply gratified to have been participants in
this mission and feel that our actions and recommendations will serve to
accomplish that goal and to help rehabilitate many persons back into the mainstream
of society.
We also wish to commend the President for his choice of Charles E. Goodell as
the Chairman of the Clemency Board. In his tireless fashion, the Chairman
directed a dedicated staff in carrying out this difficult assignment. We were
impressed with the loyalty, dedication and professionalism of the staff leadership.
They consistently met the highest standards of ethics and honesty.
During the entire period of the Board's existence, Chairman Goodell showed great
sensitivity to the views of each and every Board Member and we are proud to have
served under his capable direction. The Chairman, and the Members of the Clemency
Board were, at all times, responsible for the policy determinations under which
the Program was completed. We operated in a democratic fashion and all determinations
were made by majority vote. It should be noted that the Board recommended Clemency
ONLY for the military and draft offenses of the applicants. Each case was
-more-
-2-
were never any predetermined philosophies by
studied individually and there
Board Members in considering the cases. The Board, at all times, acted within
the lega1 limits set by the Executive Order.
We, as Members of the Presidential Clemency Board, are proud of the job we've
done and the people with whom we have served. We sincerely respect those who
held differing views on individual cases and all Members had the opportunity
of airing those views. Each of the Members, including the Chairman, was in the
minority many, many times. In 95% of the cases, however, the Board was unanimous
on the issues of Clemency or No Clemency. Our differences mainly involved the
period of Alternative Service to be assigned. We worked literally day and night
and through many week-ends because we believed in what we were doing and we
do believe a remarkable. job was accomplished.
In the near future, our Final Report will be issued which will outline more
definitively the findings and conclusions of the year-long work of the
Presidential Clemency Board.
Reverend Theodore M. Hesburgh
Vernon E. Jordan
James A. Maye
Aida Casanas O'Connor
Joan Vinson
E. Frederic Morrow
Timothy L. Craig
John A. Everhard
Lewis B. Puller
W. Antoninette Ford
John Hoy Kauffmann
Reverened Monsignor Francis J. Lally
Robert S. Carter
#
#
#
#
RESPONSE TO MINORITY REPORT
The assertions in the Minority Report about the Board's
draft Final Report are uncorroborated, general statements of
opinion. All members of the Board were invited to give their
suggestions, and many members of the minority have had their
comments incorporated in the draft report.
The Chairman, Board, and staff never received a copy of the
report from the minority. It was not formally submitted in any
way. The White House, upon delivery of the report, instructed
that it be returned and be submitted together with the Final
Report when that was issued.
TEN
Sec. II Nine new members were appointed by the President in
April, and thereafter subsequent to discussions by the Chairman
and the White House Personnel Office old members were requested
to make suggestions as to new members. TWD of the new members were
suggested by existing Board members. The new members were chosen
to retain the same philosophical makeup of the original Board.
The two new Board members chosen from the Board staff
consisted of a decorated disabled Vietname war veteran and the
wife of an Air Force officer still missing in action.
Policy. decisions were decided exclusively by a majority
of the Board and the General Counsel and the staff served the
Board. All their actions were brought to the attention of the
Chairman who kept the Board constantly apprised of the staff
actions and presented all policy issues to the Board.
-2-
The memorandum quoted on page two was an analytical
memorandum describing the problems in understanding the meaning of a
Clemency Discharge. The memo was quoted out of context The option
of ALLOWING ANY VETERAN TO APPLY For A CLEMENCY DISCHARGE WAS
cited by the Minority Report was called "not realistic" by
DESCRIBED AS
the memorandum's author, who never made such a proposal. Therefore,
the idea was never raised to the General Counsel or the Board.
Sec. III Staffing:
DoD assistance - DoD offered to have cases prepared by
non-legal military clerical types acting not under the super-
vision of the General Counsel or the Board. The General Counsel
did request large numbers of legally trained military officers
to act as supervisors of the legal staff. Because of staffing
problems, DoD was unable to supply such officers until ordered
to do SO by OMB. Even then the numbers were substantially less
than the numbers requested by the Chairman and the General Counsel.
Interns - DoD did offer to supply us interns who had
applied to DoD for summer work. These people were acceptable for
work
summer/by DoD and were to work in the Defense Department if
positions had been available for that purpose. DoD selected the
interns and cave gve first preference to those with military backgrounds.
The interns as a group were enthusiastic, capable and
their dedication made it possible to meet the production deadline.
All attorneys were given written and oral instruction
by the General Counsel and the Board to be objective, to keep
personal views private and not to advocate. A rigorous quality
control procedure was instituted to insure these orders being
carried out.
-3-
With regard to administration the PCB, unlike many
government agencies, was established with a specific goal and
time limit. The staff met the goals set by the President and
that
Board. The uniqueness of this situation is the Board completed
its work on time and disbanded on September 15, 1975.
OMB did suggest the alternative of a new administratór.
The Chairman and the General Counsel accepted that recommendation and
requested suggestions from OMB. No suggestions were ever made.
The issue became moot when it became obvious that the staff would
meet the production goals.
Sec. IV. The Board on record decided that it wanted to inform
eligible indiv iduals by all possible means that they were eligible.
The Board was informed of all methods employed. Because approxi-
mately 10% of all prison inmnates are former servicement / with
bad discharges, information about the President's program was also
made available- to penal institutions.
We received approximately 1500 inquiries from prisons; of
those, less than 1000 were eligible and had their cases heard.
With regard to these cases the Board's disposition rate
was as follows: 580 no clemency; 200 conditional clemency; 180
aoutright pardon.
Applications: The Board decided that it would accept as
meeting the deadline, inquiries made to any responsible government
official. Initially that meant consular officials, Congressmen,
its as well as Do D & Instrie,
policy
probation officers, and others When some ambiguity on this this was raised
in July, the Board affirmed and clarified this rule.
The
-4-
In no case did the Board accept an application which
did not meet the Board's requirements.
With regard to the Leavenworth inquiry, we received
a request from an official at the Penitentiary in March, 1975.
One application kit was sent. In May, we received a letter
stat ing that there were 75 people at the institution who wanted
to apply. The response to the request sending the additional
forms indicated that a decision of timely eligibility would be
left to the Board.
Sec. V. No decisions of the Board were considered final until
the President acted on a case. Any Board member at will could
require reconsideration. All members exercised this right, and
hundreds of cases were referred to the full Board by the members;
often more than once.
The policies of the regulation were explicity decided
The Bel's policy decisions were - leanl binguage
by the Board and codified by the regulation. ^ When it was pointed
out that the regulations had never been formerly adopted by the
Board, they were later ratified by the Board members. there who no
contention that the regulations as written were in any way at variance with
With regard to staffing assistance to Board members, the policies
the Chairman made it clear from the beginning that the entire advited the Bdt by
staff was available to any member. Only one Board member requested
personnel personal assistants and his request was granted. Later this
member and a few others requested additional personal aides.
These requests were also granted. Ultimately the Board member
most desirous of assistance had a total of six aides.
-5-
The difficulty of getting files was identified as a
personnel file problem resulting from the incompetence of the
head of the file room. A recommendation was made to remove
that person. Thererafter, he was relieved of that function.
A proposal to discharge him was not accepted because of the
intervetion of a Board member who subsequently requested the
individual as his aide.
Sec. VI. After discussion within the Board as to the form of
the Executive Clemency, the issue was resolved by the President
that pardons would be granted. These pardons were only recommended
to the President for qualifying offenses and in no way bear on any
other criminal record which the applicant may have.
The allegation that the Board became more liberal
is not borne out by the facts. The original nine member Board
had a pardon rate of 44% and a no clemency rate of 2.5%; the
expanded 18 member Board had a pardon rate of 42% and a no clemency
rate of 5.6%.
Since this program was one of clemency, not punishment, the
Board decided every case on its individual merits. For example, eng, some
higgly decorated Vietnam veterans were unable to adjust to garrison
duty and committed. various offenses. The Board took all these
facts into account as well as other aggravating and mitigating factors.
The Board rejected suggestions from a minority of
members that it apply blanket rules of disqualification. However,
the Board did not grant clemency to those who had committed serious
violent crimes against persons, such as murder and forcible rapte.
-6-
In fact 73% of the Board cases involve crimes of burglary, robbery,
assault and similar affenses were denied clemency. In certain
special cases the Board did offer an opportunity for applicants
to earn rehabilitation when mitigating factors, including honorable
war-time service, were strongly present.
The Board, after much discussion and over the Chairman's disser
decided to follow existing DoD policy by making drug addiction,
especially that arising from service in Vietnam, a mitigating factor.
At OMB's suggestion, the Board established a post-audit
réview process to insure consistency with Board precedents.
substantial
All cases which appeared to be deviations, including harsh and lenient
cases, for possible were reviewed referral and for identified reconsideration, to the Only when Board a deviant Board and the member cases Chairman could refer the
a case to the full board and in almost all instances of such references,
were submitted to the Board the recommendations were revised.
15
Of the 500 cases decided by the Board, some cases were
apparently inadvertently heard more than once. All these cases were
identified. The Board policy was that the first decision was binding
in the absence of significath new information or other valid reason
for reconsideration.
Conclusion:
The Board and the staff conscientiously implemented the
spirit of the President's program. The program's purpose was
clemency in order to bind the wounds of the nation. The Board
recommended clemency in 194.7% of its cases. It denied clemency in
5.3%.
If the Board had not operated by majority vote and had
IN
fol lowed the policies suggested by the minority the last two
-7-
paragraphs of its report 68% of the applicants would have been
denied clemency. We think this would have defeated the purpose
of the President as he expressed it in his press conference in
=
PRESIDENTIAL CLEMENCY BOARD
TO:
MR. JOHN H. KAUFFMANN AND MR. ROBERT S. CARTER
FROM:
NIA NICKOLAS
SEPTEMBER 22, 1975
SUBJECT:
Q.andA. sheet for press briefings
Gentlemen:
I have always prepared a Q&A sheet for the Shairman and thought since you both
will probably be making statements, you might like to have some background
on the questions being asked and possible responses.
QUESTION:
What is your reaction to the Minority Report released by General Walt et al?
ANSWER:
We were surprised a bit since at all our meetings, each of us has the opportunity
of expressing his views - pro or con - and it was a bit unfortunate that the
Chairman at least, wasn't extended the courtesy of having been presented a
copy ahead of time. The General is a very dedicated military man and strongly
believes in his convictions - as we all do - and we all have great respect
and affection for him personally. Having such a strong military background
we are surprised that they didn't follow the chain of command.
QUESTION:
Are the charges true? Did the board operate on the border of illegality?
ANSWER:
That is nonsense. This Board reviewed 15,500 cases on an individual case
by case system. At all times, we strived to operate within the Rules
and Regulations which were carefully set out back in September, 1974
when the Program was initiated.
QUESTION:
What comment do you have to make then concerning the operation of the Board?
ANSWER:
Well, as you know our responsibility was to process those 15,500 cases by the
September 15, 1975 deadline. We fulfilled that responsibility. Being realistic,
nothing is ever perfect - neither programs nor people. This was an exceptionally
good job done under the most difficult constraints of time, space, administra-
tive and personnel problems. After all it was a new baby. There were no
precedents and there was no money to go out and buy equipment or hire special
people if there was a need. But we appreciate the fact that all the govern-
ment agencies loaned us people and equipment and we did the best we could.
Considering the problems, we all marvel that the job was done and done in good
order.
-2-
QUESTION:
What kinds of applicants did you have?
ANSWER:
Our people have already been convicted of either Desertion or AWOL offenses
in the military cases and in the civilian cases they have been convicted
of Selective Service violations. They have been punished. They've been
thru the judicial process - thru the penal process and heaven knows how
many beauracratic processes. We think it took courage for them to go thru
it all again. Of course, we are not dealing with high school valedictorians
and honor students. most of our people come from very disadvantaged backgrounds
with the kinds of problems undreamed of by most Americans. This is why it
was important to give them this opportunity for review and a possible second
chance. After all how many times does a man have to pay for his offense.
We can't heal divisions by adding another lash mark to his already bleeding back.
QUESTION:
Yes, but what about the charges that you are giving pardons to murderers,
rapists etc.
ANSWER:
That is slightly exaggerated. As far as we can recall there was only one
grant of clemency given to a man who had committed manslaughter. You must
remember that we consider the WHOLE MAN. The circumstances leading up to
the offenses - circumstances under which it occurred etc. To quote out
of context that way is unfair. You really have to have seen the whole case.
Obviously you don't have 18 people sitting on a Board who are going to be
reckless in their recommendations.
QUESTION:
What value do you really think the Clemency Discharge will have on an
individual's life?
ANSWER:
Well, we do not have the power to expunge his record. But the clemency discharge
indicates that someone, somewhere took the time and compassion to review his
case and where it was warranted, gave him this second chance. The Clemency
Discharge and the Pardon restore a man's civil rights. It enables him to obtain
a license in a trade carpenter, painter, plumber and where qualified, even
to enter a profession. It puts him back on the payroll as a seff-supporting
citizen and takes him off the welfare roll. Symbolically, it gives a person
a measure of self-respect again which hopefully enables him to help himself.
The recent gallup poll indicates that 79% of Americans and potential employers
will accept the Clemency Discharge over the less than honorable.
-3-
QUESTION:
What about the charge that this was an amnesty-oriented staff and Board.
Are you for Unconditional Amnesty?
ANSWER:
The Clemency Board and the Clemency Program have nothing to do with Amnesty.
That is a whole other thing. We are talking about people who have already
been punished, and may be eligible for Clemency for their offenses. Amnesty
is a forgivement of all sins - for all people - unconvicted etc.
There is SO much confusion about this issue, I wish we could clear it up
once and for all.
QUESTION:
Since the Board went out of operation on September 15th, how come you are
acting as Spokesman and what about your statements that you will be meeting
again on September 29th for a meeting about the Final Report.
ANSWER:
All of us have completed our initial responsibility as of Sept. 15th. We all
have to return to our regular jobs and our family responsibilities. Our
participation at this point is voluntary. For one year, we have put our
emotions, energies on the line. These cases are real to us and we care
about what is going to happen to these people. We can't just forget them
because we are off the payroll. All of us will try to do whatever is
needed of us between now and December 31, 1976 when our commissions authorizing
us to act will expire.
QUESTION:
What about the summer interns and legal staff that the Minority Report complains
about?
ANSWER:
In the main, of course, they were very young and idealistic and perhaps naive
about the way the buearacry works. At that age, weren't we all impatient
with our elders? Didn't we all think we had the only real answers to all
lifes problems? I feel sure it was a great education for them as it was
for all of us. I am also sure I speak for all the Members when I say that
none of came away from this experience unchanged
and very grateful for
our particular blessings.
QUESTION:
What about the charge that the rules were amended?
ANSWER:
A few changes were made because as we went along the way we kept discovering
new sets of problems not exactly covered by the original procedures. We
learned that when you really do a case-by-case review, there are no perfect
-4-
rules to cover all the problems. But when those few amendments were made,
they were always very thoroughly discussed and always a majority vote
was required to initiate any change.
QUESTION:
Would you say the Board really was tilted in any way?
ANSWER:
It was indeed a very balanced board. We had educators; a representative of
the Spanish community who also happened to be a woman; 1 black woman; 2 black
men; 2 clergy; the wife of a man missing in action; a representative of the
media; a representative of the political scene and public relations; 2 highly
decorated Vietnam Veterans both of whom received disabling wounds, and one
Member who eventually found that he believed in Unconditional Amnesty and
therefore, absented himself from the meetings but still came forward to
sign the Majority Statement because he did believe in the Board and
the manner in which it conducted itself.
QUESTION:
What are the numbers and statistics you can give me about your work.
ANSWER:
By the March 31st deadline, we had received over 21,000 applications.
Of those 5 to 6,000 proved ineligible and were feferred over to the
Justice or Defense Departments
That left us with a total of 15,500 cases which we processed by September 15th.
The President to date has signed 2402 cases.
We are not in a 6-weeks transition period and the Justice Department has taken
over. Three main projects remain to be finished:
a) The balance of those cases (about 13,000) will be
typed and put into Presidential Packets and sent to the President for his
final determination and signature.
b) The confidential files will be returned to the appropriate
agencies. Files and papers will be prepared for the Archives.
c) The Final Report will be completed and published.
QUESTION:
What kind of breakdown do you have on pardons etc.
ANSWER:
To date, the President has not rejected any of our recommendations. If that
precedent continues we can approximate that the cases will balance out as follows:
About 43% Pardons conditioned upon completion of varying periods of
Alternative Service between 3 and 6 months.
About 50% Outright Pardons
About 6% No Clemency cases which will never go to the White House.
CLEMENCY OFFICE
TO:
NEIL BRODER
FROM:
NIA NICKOLAS
SEPTEMBER 24, 1975
SUBJECT:
CHAIRMAN GOODELL'S PUBLIC STATEMENTS CONCERNING
PROTECTING THE PRIVACY OF THE APPLICANTS
This is an excerpt from the tape of a CBS-TV interview between Chairman
Goodell and correspondent Charles Crawford on January 20, 1975. It
was aired both locally and nationally for a 3-part series on the
Clemency Program.
This same statement was repeated in almost every Questionand Answer
session conducted between the media and the Chairman at every Press
Conference as well as every opportunity presented for other radio
and television interviews. We did not particularly use this langgage
in Press Releases as it was clumsy to handle in prit and better answered
publicly, where there was an opportunity for deeper dialogges
CRAWFORD:
The Program is supposed to run out on January 31st. What happens - or
what can individual look for at this time as a possible exgension of
the Program? Should he sit by and wait to see
GOODELL:
He has nothing to gain by waiting. No one whould count on an extension
beyond January 31st. The President, as far as I'm aware has not made
up his mind yet. but that will be under consideration during the
next 10 days. If he waits and the President doesn't extend the Program,
he's out. There's nothing more he can do. He cannot apply to the
Clemen;cy Board after January 31st. If he applies and changes his
mind he can always withdraw. If he applies and it turns out that he
didn't undersand the Program very well. We send him all the instructions..
WE URGE HIM TO GET AN ATTORNEY. TO GET SOMEONE TO ADVISE HIM.
If he changes his mind. all he has to do 1s to let us know.
CRAWFORD:
What assurances can you offer an individual who applies and then decides
not to take advantage of it
that you won't forward his name or He
whereabouts to the Justice Department or the Department of Defense?
GOODELL:
In the first place if he is eligible for our Program, he Spaid his penalty.
There would be nothing to forward to the Justice Department. If he turns
out not to have been convicted and he applied by mistake to our Board,
-2-
we have given them a guarantee we will not forward any evidence to the
Justice Department and the Justice Department has agreed that the
Clemency Board has a right to do that. So we are guaranteeing that
what he sends us will be held in confidence.
CONCERNING STATEMENTS the Chairman may have made about protecting
the privac;y of the files until the incident of Mary McGrory's
article -- that question never arose in that kind of phraseology.
The Chairman's statements to the media about privacy . as indicated
above - had been repeated often enough so that the media quit asking.
Internally, however, there were many -- many times that particular
subject came up during staff meetings where I recall that the
Chairman was adamant about protecting those files.