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Questions and Answers (2)

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The original documents are located in Box 9, folder "Questions and Answers (2)" 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 Charles Goodell donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections.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 IF A DRAFT EVADER COMES ACROSS THE BORDER AND DECIDES HE DOESN'T LIKE THE PROGRAM, MAY HE LEAVE? NO. HE DOES NOT COME BACK WITH IMMUNITY FROM PROSECUTION. HE, IN FACT, SUBMITS TO THE JURISDICTION OF THE FEDERAL COURT. HOW LONG DO THEY HAVE TO REPORT TO THE U. S. ATTORNEY? 15 DAYS. GEGALD R. FORD IF A DRAFT EVADER HAS OUTSTANDING ARREST WARRANTS AGAINST HIM, CAN HE APPLY FOR THE PROGRAM? YES, BUT THE WARRANTS SHOULD BE CLEARED BY THE US ATTORNEY BY REQUESTING THE MAGISTRATE TO RELEASE THE INDIVIDUAL ON PERSONAL RECOGNIZANCE. YORK ABRALD HOW MANY DRAFT EVADERS ARE UNDER INVESTIGATION BY THE DEPARTMENT OF JUSTICE? ABOUT 2,500 AND ROUGHLY 4,300 HAVE ALREADY BEEN INDICTED. ISN'T THE NUMBER OF 12,500 ONLY A FRACTION OF THE TOTAL NUMBER OF DESERTERS -- 500,000? YES, BUT ONLY 12,500 HAVE NOT RETURNED OR WHO HAVE NOT BEEN APPREHENDED. FORD BERALD IF AN INDIVIDUAL INQUIRES ABOUT A POSSIBLE SELECTIVE SERVICE VIOLATION, AND IF THERE ARE CHARGES AGAINST HIM, WHAT WILL HAPPEN? WE ARE ADVISED, THAT HE WILL BE PURSUED, IF HE DOES NOT REPORT. WHAT IF AN INDIVIDUAL IS NEITHER UNDER INDICTMENT NOR INVESTIGATION FOR A SELECTIVE SERVICE VIOLATION AND THEN REPORTS AND ADMITS TO SUCH AN OFFENSE? HE WILL BE SUBJECT TO PROSECUTION UNLESS HE MAKES AN AGREEMENT TO DO ALTERNATIVE SERVICE. & FORD GERALD IF THE INDIVIDUAL REFUSES TO SIGN AN AGREEMENT WITH THE DEPARTMENT OF JUSTICE, WILL HE BE PROSECUTED? YES, ELIGIBLE DRAFT EVADERS WHETHER OR NOT RETURNING FROM OUTSIDE THE UNITED STATES, ARE SUBJECT TO PRO- SECUTION IF THEY DO NOT MAKE AN AGREEMENT TO PERFORM ALTERNATIVE SERVICE WITH THE UNITED STATES ATTORNEY FOR is GERALD IF AN ALLEGED VIOLATOR IS APPREHENDED BEFORE JANUARY 31, 1975, WILL HE BE ALLOWED TO APPLY FOR THE CLEMENCY PROGRAM? YES. HE WILL BE TREATED AS IF HE VOLUNTARILY PRESENTED HIMSELF TO THE U.S. ATTORNEY. FORD SERVICE GRALD IN THE DETERMINATION OF ALTERNATE SERVICE WILL THE APPLICANT HAVE RIGHT TO COUNSEL? YES. (1) HE WILL BE PERMITTED TO HAVE COUNSEL PRESENT, (2) PRESENT WRITTEN INFORMATION ON HIS BEHALF, (3) MAKE AN ORAL PRESENTATION AND (4) HAVE COUNSEL MAKE AN ORAL PRESENTATION. FORD GERALD THE DRAFT CAME TO AN END, JULY 1, 1973. DOES THIS MEAN THERE WILL BE NO PROSECUTIONS FOR FAILURE TO REGISTER AFTER THAT DATE? NO. ABSENT COMPELLING REASONS WHICH MAY MITIGATE THE OFFENSE, THE CASE WILL BE PROSECUTED. WHAT WOULD BE SOME MITIGATING FACTORS? IF A REFUSAL TO REGISTER WAS NOT OPEN, NOTORIOUS OR OF LONG DURATION, ALSO IF THERE IS CONTRITION AND THE INDIVIDUAL DOES REGISTER. IGNORANCE OF THE LAW IS ALSO A MITIGATING FACTOR. FORD GERALD IS AN APPLICANT ADVISED OF HIS RIGHT TO COUNSEL BEFORE ENTERING INTO AN AGREEMENT FOR ALTERNATE SERVICE? CERTAINLY. AND UNLESS I AM MISTAKEN, THE DEPARTMENT OF JUSTICE WILL ADVISE RETURNEES OF THEIR RIGHT TO COUNSEL. OF COURSE I CANNOT SPEAK FOR THE DEPARTMENT OF JUSTICE, BUT I CANNOT IMAGINE AN APPLICANT NOT BEING ADVISED. R.FORD BERALD IF A MAN LEAVES THIS COUNTRY TO AVOID THE DRAFT AND OBTAINS FOREIGN CITIZENSHIP, WILL HE BE ELIGIBLE FOR THE CLEMENCY PROGRAM ? NO. THE PROCLAMATION SPECIFICALLY EXCLUDES DRAFT EVADERS WHO FLED THE COUNTRY AND OBTAINED FOREIGN CITIZENSHIP. THIS IS SPELLED OUT IN 8 USC 1182. GETALD R. FORD WHO IS ELIGIBLE UNDER THE DOD PROGRAM? ALL INDIVIDUALS WHO HAVE BEEN CARRIED ADMINISTRATIVELY AS A DESERTER THAT IS - IN AWOL STATUS - OVER 30 DAYS - BETWEEN MAY, 1964, AND MARCH 28, 1973. WHAT FACTORS ARE CONSIDERED? 1. LENGTH OF SATISFACTORY SERVICE PRIOR TO ABSENCE. 2. LENGTH OF SERVICE IN SOURTHEAST ASIA IN HOSTILE FIRE ZONE. 3. AWARDS AND DECORATIONS RECEIVED. 4. WOUNDS OCCURRING IN COMBAT. 5. NATURE OF EMPLOYMENT DURING PERIOD OF ABSENCE. 6. OTHER CONSIDERATIONS. SECRED FORD IF A MILITARY ABSENTEE, WHOSE CASE IS WITHIN THE JURISDICTION OF THE DOD, ASKS FOR INFORMATION, WHERE HE IS REFERRED? HE IS GIVEN THE INFORMATION THAT HE NEEDS FROM THE LIST THAT FOLLOWS: (1) ARMY - US ARMY CLEMENCY INFORMATION POINT, FT BEN HARRISON, IN, 46216 (317) 542-3417. (2) NAVY - CHIEF OF NAVAL PERSONNEL (PERS 83). DEPARTMENT OF THE NAVY, WASHINGTON, DC 20320. (202) 694-2007. (3) MARINE CORPS - HEADQUARTERS, US MARINE CORPS (CODE MC), WASHINGTON, D.C. 20380. (202) 694-8526. (4) AIRFORCE - - U.S. AIR FORCE CLEMENCY INFORMATION POINT RANDOLPH AIR FORCE BASE, TX 78148. (512) 652-4104. FORD & RALD X WHAT OFFENSES DO ARTICLES 85, 86, AND 87 COVER? 1. ARTICLE 85: DESERTION 2. ARTICLE 86: ABSENCE WITHOUT LEAVE 3. ARTICLE 87: MISSING MOVEMENT (i.e., ANY PERSON WHO, THROUGH NEGLECT OF DESIGN, MISSES THE MOVEMENT OF A SHIP, AIRCRAFT, OR UNIT) WHAT OFFENSES DO. SECTIONS 12 AND 6 (j) OF THE MILITARY SELECTIVE SERVICE ACT COVER? THESE OFFENSES ARE: 1. FAILURE TO REGISTER OR REGISTER ON TIME. 2. FAILURE TO KEEP THE LOCAL BOARD INFORMED OF CURRENT ADDRESS. 3. FAILURE TO REPORT FOR OR SUBMIT TO PREINDUCTION OR INDUCTION EXAMINATION. 4. FAILURE TO REPORT FOR OR SUBMIT TO INDUCTION ITSELF. 5. FAILURE TO REPORT FOR OR SUBMIT To, OR COMPLETE ALTERNATIVE SERVICE UNDER SECTION 6(j) OF THE ACT. BERALD PERALDR. FORD PARDON RE MILITARY CAN THE PRESIDENT PARDON MILITARY OFFENSES? YES, HE CAN PARDON ALL OFFENSES AGAINST THE UNITED STATES, JUDICIAL AND NON-JUDICIAL. HE MAY REMIT ALL PENALTIES IN- FLICTED BY A SENTENCE OF COURT-MARTIAL, OR BY ADMINISTRATIVE ACTION. HE CANNOT, HOWEVER, RE-INSTATE A MEMBER OF THE ARMED FORCES ONCE HE IS SEPARATED. WHAT EFFECT DOES A PARDON HAVE ON THE CHARACTER OF A MILITARY DISCHARGE? A PARDON DOES NOT ITSELF CHANGE THE CHARACTER OF A DISCHARGE. THE ARMED FORCES HAS ADOPTED THE RULE OF LAW SET FORTH IN CIVILIAN CASES THAT A PARDON DOES NOT MAKE AMENDS FOR THE PAST. THE PRESIDENT DOES HAVE STATUTORY AUTHORITY AS COMMANDER IN CHIEF TO UPGRADE DIS- CHARGES, BUT THAT AUTHORITY DOES NOT DERIVE FROM HIS PARDONING POWER. GERALD FORD WHAT IF A RETURNEE DRAFT EVADER DOES NOT THINK HE HAS BEEN TREATED FAIRLY? IF HE REFUSES ALTERNATIVE SERVICE, HE WILL BE PROSECUTED. WHAT OPTIONS DOES A DESERTER HAVE WHEN HE TURNS HIMSELF IN? 1. OPPORTUNITY TO REQUEST DISCHARGE FOR GOOD OF SERVICE. 2. MAY APPLY FOR AND BE RETURNED TO DUTY. 3. IF AN OFFICER, HE WILL BE GIVEN OPTION OF RESIGNATION IN LIEU OF TRIAL BY COURT-MARTIAL. 4. IF TERMS OF CLEMENCY PROGRAM ARE REFUSED, HE WILL BE PROCESSED IN ACCORDANCE WITH PRESENT SYSTEM. GERALD FORD A MAN WITHOUT A CONVICTION WHO DOES ALTERNATIVE SERVICE WILL NOT HAVE A CRIMINAL RECORD. YET A CONVICTED DRAFT VIOLATOR MUST LIVE WITH HIS RECORD EVEN AFTER HE RECEIVES HIS PARDON. IS THAT FAIR? NO. BUT AS A MATTER OF LAW, A PARDON DOES NOT EXPUNGE A RECORD AND ULESS THERE IS A CHANGE IN THE LAW, IT IS AN INEQUITY THAT WE WILL HAVE TO LIVE WITH. IF AN INDIVIDUAL BECOMES A CITIZEN OF CANADA, IS HE INELIGIBLE TO APPLY FOR CLEMENCY? YES. THE PRESIDENT'S PROCLAMATION SPECIFICALLY EXCLUDES THOSE PERSONS WHO LEFT THE COUNTRY TO AVOID THE DRAFT AND WHO HAVE BECOME CITIZENS OF A FOREIGN COUNTRY. THEY ARE EXCLUDABLE ALIENS UNDER 8 U.S.C. 1182. FORD DOD HOW MANY DESERTERS ARE STILL AT LARGE? 12,500 HOW MANY HAVE HAD OTHER CHARGES AGAINST THEM? ABOUT 2% EPALE & FORD HOW MUCH ALTERNATIVE SERVICE GIVEN IN DOD PROGRAM? NORMALLY, 24 MONTHS. BUT THIS MAY BE REDUCED DEPENDING ON CERTAIN FACTORS. FORD ARE ELIGIBLE RETURNEES PAID TRAVEL EXPENSES TO TURN THEMSELVES IN? YES. FROM POINT OF RETURN TO MILITARY CONTROL AND THEN TO THE SEPARATION POINT. WHAT DOES A CLEMENCY DISCHARGE DO FOR A MAN? IT IS GIVEN IN RECOGNITION OF SATISFACTORY COMPLETION OF ALTERNATIVE SERVICE PURSUANT TO PRESIDENTIAL PROCLAMATION NO. 4313. F. FORD ALTERNATIVE SERVICE WHO ADMINISTERS THE ALTERNATIVE SERVICE PROGRAM? THE DIRECTOR OF SELECTIVE SERVICE HAS BEEN DESIGNATED BY THE PRESIDENT TO ADMINISTER WHAT SELECTIVE SERVICE CALLS THE RECONCILIATION SERVICE PROGRAM. & rond GERALD SELECTIVE SERVICE: WHO IS RESPONSIBLE FOR PLACING PEOPLE IN ALTERNATIVE SERVICE WORK? THE STATE SELECTIVE SERVICE DIRECTORS. WILL AN APPLICANT HAVE AN OPPORTUNITY TO WORK WHERE HE WANTS TO? EVERY OPPORTUNITY WILL BE MADE TO ACCOMMODATE THE APPLICANT. FORD WHEN DOES A RECIPIENT OF CLEMENCY REPORT FOR ALTERNATIVE SERVICE? ONCE AN APPLICANT'S ALTERNATIVE SERVICE REQUIREMENT HAS BEEN DETERMINED, THE ORGANIZATION THAT ACTED UPON HIS CASE WILL WRITE TO HIM. IT WILL INFORM THE RECIPIENT OF CLEMENCY OF THE AMOUNT OF ALTERNATIVE SERVICE THAT HE SHOULD PERFORM. IF THERE IS ANY, THE LETTER WILL STATE ALSO THAT HE HAS 15 DAYS TO REPORT IN PERSON TO A SELECTIVE SERVICE OFFICE. WHEN THE PERSON REPORTS AND ENROLLS IN THE RECONCILIATION SERVICE PROGRAM, HE WILL HAVE TO INDICATE HIS PLACE OF RESIDENCE. THE STATE DIRECTOR OF THE STATE WHERE THE PERSON LIVES WILL HAVE PRIMARY RESPONSIBILITY FOR THE MAN'S PLACEMENT INTO AN ALTERNATIVE SERVICE JOB. FORD WHAT IS THE PROCESS FOR ASSIGNING A RECIPIENT TO ALTERNATIVE SERVICE? A RECIPIENT OF CLEMENCY WILL HAVE 30 DAYS TO START WORK ON AN APPROVED JOB AFTER THE DATE OF HIS ENROLLMENT. IF HE WISHES TO LOCATE AN APPROVABLE JOB OF HIS OWN CHOOSING, HE WILL BE GIVEN 20 DAYS IN WHICH TO DO so. THE STATE DIRECTOR WILL BE GLAD TO ASSIST HIM IN LOCATING HIS OWN JOB DURING THIS PERIOD. THE JOB MUST BE WITH AN ELIGIBLE EMPLOYER AND MUST BE A REGULAR FULL-TIME JOB. HE WILL NOT BE PERMITTED TO WORK ON AN "ON CALL" OR "PERSONAL CONVENIENCE" BASIS. IF HE FINDS A JOB, THE EMPLOYER AND THE JOB MUST BE APPROVED BY THE STATE DIRECTOR OF SELECTIVE SER- VICE. ONLY SELECTIVE SERVICE CAN GIVE SUCH APPROVAL. IF THE RECIPIENT DOES NOT SUBMIT AN APPROVABLE JOB TO THE STATE DIRECTOR WITHIN A 20-DAY PERIOD AFTER HIS ENROLLMENT, THE STATE DIRECTOR WILL ASSIGN THE RECIPIENT TO ONE OF THE JOB OPENINGS AVAILABLE. THE STATE DIRECTOR WILL DO THIS WITHIN 30 DAYS. WHAT ARE THE GUIDELINES FOR APPROVABLE ALTERNATIVE SERVICE EMPLOYMENT? THAT THE EMPLOYMENT: (A) PROMOTES THE NATIONAL HEALTH, SAFETY, OR INTEREST, (B) THAT IT IS WITH A NON-PROFIT ORGANIZATION, AND (C) THAT IT DOES NOT INTERFERE WITH THE COMPETITIVE LABOR MARKET. IF ANY PERSON, OTHER THAN ANOTHER RECIPIENT OF CLEMENCY WHO HAS TO PERFORM ALTERNATIVE SERVICE, WANTS THE JOB, THE PERSON WHO IS PERFORMING ALTER- NATIVE SERVICE CANNOT HAVE IT. HOW DOES A PROSPECTIVE EMPLOYER APPLY FOR AN ALTERNATIVE SERVICE EMPLOYEE? IF A NON-PROFIT ORGANIZATION WISHES TO BE CONSIDERED AS AN ALTERNATIVE SERVICE EMPLOYER, A REPRESENTATIVE OF THAT ORGANIZATION SHOULD CONTACT A STATE DIRECTOR. IF THE EMPLOYMENT MEETS THE ALTERNATIVE SERVICE REQUIREMENTS, THE JOB WILL BE PUT IN THE STATE DIRECTOR'S "BANK" OF JOBS. HOW MANY PEOPLE HAVE BEEN PLACED so FAR? AS OF NOVEMBER 18, THERE WERE 1218 ENROLLED WITH SELECTIVE SERVICE; 177 ACTUALLY AT WORK; 414 RETURNED TO WORK; AND 477 SEEKING THEIR OWN POSITIONS. SELECTIVE SERVICE ALLOWS REGISTRANT TO FIND HIS OWN JOB? YES, IF HE MEETS THE CRITERIA ESTABLISHED BY SELECTIVE SERVICE. WHAT HAPPENS UPON COMPLETION OF ALTERNATIVE SERVICE? WHEN A PERSON SATISFACTORILY COMPLETES HIS RECONCILIATION SERVICE, THE DIRECTOR OF SELECTIVE SERVICE WILL ISSUE A CERTIFICATE OF COMPLETION TO THAT PERSON AND SEND A COPY OF IT TO THE ORGANIZATION THAT CONSIDERED THE PERSON'S CASE. FORD give IF AN APPLICANT REGISTERS FOR ALTERNATIVE SERVICE, WILL HE BE GIVEN CREDIT FOR THAT PERIOD OF TIME SPENT WAITING FOR EMPLOYMENT THROUGH SELECTIVE SERVICE? THE STATE DIRECTOR WILL ASSIGN A RETURNEE TO A RECONCILIATION JOB WITHIN 30 DAYS AFTER HE REPORTS IN PERSON TO SELECTIVE SERVICE. IF HE IS NOT PLACED IN THAT PERIOD OF TIME HE WILL BE GIVEN "GOOD TIME" FOR THE DELAY. HE WILL BE GIVEN "GOOD TIME" FOR PERIODS BETWEEN RE-ASSIGNMENT PROVIDING HIS FORMER SERVICE SATISFACTORILY. FORD WHAT KINDS OF JOBS WILL BE AVAILABLE TO THESE MEN? THE PROGRAM REQUIRES THAT EMPLOYMENT MUST INVOLVE NATIONAL HEALTH, SAFETY OR INTEREST, NAD (2) THERE MUST BE NO INTER- FERENCE WITH THE COMPETITIVE LABOR MARKET. THE APPLICANT CANNOT BE ASSIGNED TO A JOB WHERE THERE ARE MORE NUMEROUS QUALIFIED APPLICANTS THAN THERE ARE SPACES AVAILABLE. THIS RESTRICTION DOES NOT PROHIBIT THE APPROVAL OF SPECIAL PRO- GRAMS ESTABLISHED BY THE DIRECTOR OF SELECTIVE SERVICE. HOW WILL THE REGISTRANT BE COMPENSATED? THEY WILL BE COMPENSATED ENOUGH TO PROVIDE A STANDARD OF LIVING COMPARABLE TO WHAT THAT PERSON WOULD HAVE RECEIVED IN SERVICE. FCDD WHAT ABOUT WAGES? THE WAGES THAT THE RECIPIENT OF CLEMENCY RECEIVES WILL BE PAID BY HIS EMPLOYER. NO SPECIFIC PUBLIC FUNDS ARE AVAILABLE TO PAY FOR ALTERNATIVE SERVICE JOBS; HOWEVER, IF PUBLIC FUNDS HAVE BEEN ALLOCATED FOR A JOB AND AN INDIVIDUAL WHO IS DOING ALTERNATIVE SERVICE IS THE ONLY ONE WHO WANTS THE JOB, HE MAY BE PAID WITH THE ALLOCATED PUBLIC FUNDS. A RECIPIENT OF CLEMENCY WILL RECEIVE THE SAME PAY AND BENEFITS AS ANY OTHER EMPLOYEE WOULD WHO OCCUPIED THE SAME POSITION AND THE SAME EXPERIENCE AND SKILLS. WHENEVER POSSIBLE, A RECIPIENT WILL BE PLACED IN A JOB WHERE HE CAN USE HIS TRAINING AND EXPERIENCE. WILL THE TALENTS OR PROFESSIONAL SKILLS OF THE REGISTRANT BE UTILIZED? DEFINITELY, WHENEVER AND WHEREVER POSSIBLE. WHAT IF A RETURNEE IS REFUSED EMPLOYMENT WHEN SENT OUT ON A JOB, OR HE IS TERMINATED? A NEW JOB WILL BE FOUND. IF HE HAS BEEN TERMINATED, A NEW JOB WILL BE ASSIGNED. FORD GENERALLY, WHAT KINDS OF JOBS WILL BE AVAILABLE? HOSPITALS MENTAL HEALTH CENTERS RESEARCH CENTERS PUBLIC SERVICE ORIENTATED PROGRAMS COMMUNITY CENTERS LEGAL SERVICE CENTERS FREE CLINICS CHURCHES RELIEF SERVICES ENVIRONMENTAL PROGRAMS WILL IT BE DIFFICULT TO PLACE PEOPLE? YES, BUT NOT IMPOSSIBLE. R.FORD DO YOU HAVE ANY IDEA WHAT THE AVERAGE WAGE IS? YES. AS OF MAY, 1973, IT WAS $402 PER MONTH FOR PEOPLE DOING ALTERNATE SERVICE. MAY A REGISTRANT WORK PART-TIME? NO. HE MUST PUT IN A FORTY HOUR WORK WEEK. FORD IF A DRAFT EVADER COMPLETES ALTERNATE SERVICE, WILL BE BE PROSECUTED? NO. ARE YOU SURE JOBS WON'T BE COMPETITIVE WITH LABOR MARKET? YES. SELECTIVE SERVICE TELLS US THAT NONE OF THE 13,000 PEOPLE NOW DOING ALTERNATIVE SERVICE, NONE ARE IN COMPETITION WITH LABOR MARKET. FORD Question: Mr. Goodell, you've spent a considerable amount of time describing the lack of education and sophistication of the potential applicants under the Board's jurisdiction. Originally, perhaps you may have expected that those applicants might be part of an evader and deserter communications network. What you have found, however, is that since these are frequently not ideological applicants, they are not part of such a network. Particularly given the nature of your applicants, then, is it not necessary to have an extension of the application deadline, so that more of them can become aware of the clemency program? Answer: It is true that most of our applicants probably are not "wired in" to the evader/deserter communication network. We have, however, taken several steps to ensure that they do learn about the program. (1) We have disseminated our notice of proposed rulemaking to every counselling organization and every lawyers' organizations which we are aware of, down to the local level. I might add that we have sent the regulation to every Senator and Congressman for comment and for use in counselling troubled constituents who come to you asking whether they should take part in the program. (2) We have produced and are distributing a series of public service radio and television spots. (3) We have held several press conferences announcing the Board's actions, and the President held a public signing ceremony for the first set of pardons. 10ND Question: Has your Board been operating pursuant to the Administra - tive Procedures Act? Answer: Since the Board is not empowered to make final decisions, but only to advise the President with respect to clemency, the Administrative Procedures Act does not apply to us. Moreover, the pardon power is inherently discretionary, and cannot be trammelled by any procedural requirements. Notwithstanding that legal fact, the Board has taken to heart the spirit of the Administrative Procedures Act, and has operated within its framework. We have made public every single guideline on the basis of which the Board operates. We have published a notice of proposed rule-making which summarizes all of the Board's guidelines, and have solicited comments on that proposed rulemaking. Having incorporated those comments into Board policy, we intend to publish a final regulation within the next several days. Even before publication in the Federal Register, we had made public the Board's initial guidelines in a press conference which I held in early October, and we distributed those procedural and substantive guidelines to anyone who requested them. FORD LIBRARI & 8788 Question: It is clear that the pattern of decision-making differs radically between the three parts of the President's clemency program. Where the Board and the Department of Defense have been sticklers about due process, the Justice Department has been much less concerned about procedural rights. Where the Board has been truly clement in its substantive decisions on length of alternate service, the Department of Justice and of Defense have required 24 months of alternate service from almost all applicants for clemency under their jurisdictions. Doesn't this suggest that a tripartite structure is unwieldy and ill-suited to carrying out the President's intent? Does it not suggest that the Clemency Board ought to be given jurisdiction over all parts of the program, at least in the form of supervisory responsibility over the way that Justice and Defense conduct their parts of the program? Answer: If the criminal justice and military justice processes are to be maintained, we cannot have any structure besides the one which the President has promulgated. The people who come to Justice have not yet gone through the criminal justice process, and it would be a denigration of that process if it were ignored. Similarly, the people in the military's jurisdiction under the clemency program have thus far not gone through the military justice process, and that process would be dishonored if they were not brought into it. The Clemency Board's jurisdiction has been carefully drawn precisely so that the Board deals only with people who have exhausted their remedies within the criminal justice and military justice processes, and whose last resort is a plea to the President. Follow-Up Question: But we are not suggesting, Senator Goodell, that people in the Justice and Defense Departments' jurisdiction should have their cases removed to the Board instead. Rather, perhaps the Board could simply examine Justice's and Defense's dispositions to ensure consistency with the President's intent of "clemency", and with the President's dispositions in cases before the Board. Answer: Presidential interference in the normal criminal justice process is in part what Watergate was all about, and what the previous Administration was criticized for. We cannot very well do it on issues in which the outcome happens to be to our liking, and then expect future Administrations not to interfere in the criminal justice process in ways which we here today might not find so pleasing at all. FOND it RENALD - 2 - Moreover, it is specious to draw a comparison between the cases before the Board and the cases before the other parts of the clemency program. The Board deals only with the cases of the already convicted and discharged--those who have already been punished. Our people should have different--perhaps more clement--dispositions that the applicants under the jurisdiction of Justice and Defense, since our applicants have for the most part already paid much of their debt to society. 100) GERALD Question: Senator, at a time when veterans are unemployed all across the nation, how can you countenance giving alternate service jobs to evaders and deserters who probably wouldn't be able to get jobs otherwise? Answer: The President contemplated that problem when the clemency Proclamation was initially drawn up, and the problem was resolved in such a way that clemency applicants doing alternate service can never be competitive with veterans seeking ordinary jobs. This is so for two reasons: (1) Clemency applicants performing alternate service are explicitly barred from receiving compensation higher than they would receive if they were entering the armed forces, and (2) The Proclamation specifically bars the government from placing any clemency applicant in a job for which there may be competition from anyone else not involved in the clemency program. Alternate service positions will for the most part be subsistence-pay positions in non-profit organizations which are not normally part of the labor market, and which would not be attractive to a veteran who is not part of the clemency program. Question: Why does the Clemency Board not guarantee personal appearances before it as a matter of right? Particularly in the case of the kinds of people whom you have before your Board--the inarticulate, those who cannot well prepare legal briefs, those who may be unable to acquire a lawyer or suspicious of one--is not a personal appearance necessary to ensure that the Board really gets a sense of the whole person, and gives him a fair shake? Answer: Assume 1500 applications, a not unreasonable number when you consider that we have 800 now. I expect that we will have many more than 1500 as the application deadline nears. Assume 15 minutes per applicant. That comes out to 375 hours of personal appearances --assuming the Board were to do no decision-making, no consideration of its rules, no other work. It's impossible. GERMED Question: Under the Proclamation, the Clemency Board has jurisdiction not only over draft offenses and unauthorized absence offenses, but also over "related offenses. " Which other offenses has the Board determined to be related, for civilian and military cases? Has the Board itself made that decision, or has it permitted Justice and Defense to make that decision for it? How many potential applicants are affected? is GERALD

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    "ocrText": "The original documents are located in Box 9, folder \"Questions and Answers (2)\" of the\nCharles E. Goodell Papers at the Gerald R. Ford Presidential Library.\nCopyright Notice\nThe copyright law of the United States (Title 17, United States Code) governs the making of\nphotocopies or other reproductions of copyrighted material. Charles Goodell donated to the United\nStates of America his copyrights in all of his unpublished writings in National Archives collections.\nWorks prepared by U.S. Government employees as part of their official duties are in the public\ndomain. The copyrights to materials written by other individuals or organizations are presumed to\nremain with them. If you think any of the information displayed in the PDF is subject to a valid\ncopyright claim, please contact the Gerald R. Ford Presidential Library.\nDigitized from Box 9 of the Charles E. Goodell Papers at the Gerald R. Ford Presidential Library\nIF A DRAFT EVADER COMES ACROSS THE BORDER AND\nDECIDES HE DOESN'T LIKE THE PROGRAM, MAY HE\nLEAVE?\nNO. HE DOES NOT COME BACK WITH IMMUNITY FROM\nPROSECUTION. HE, IN FACT, SUBMITS TO THE JURISDICTION\nOF THE FEDERAL COURT.\nHOW LONG DO THEY HAVE TO REPORT TO THE U. S.\nATTORNEY?\n15 DAYS.\nGEGALD R. FORD\nIF A DRAFT EVADER HAS OUTSTANDING ARREST WARRANTS\nAGAINST HIM, CAN HE APPLY FOR THE PROGRAM?\nYES, BUT THE WARRANTS SHOULD BE CLEARED BY THE\nUS ATTORNEY BY REQUESTING THE MAGISTRATE TO RELEASE\nTHE INDIVIDUAL ON PERSONAL RECOGNIZANCE.\nYORK\nABRALD\nHOW MANY DRAFT EVADERS ARE UNDER INVESTIGATION BY THE DEPARTMENT\nOF JUSTICE?\nABOUT 2,500 AND ROUGHLY 4,300 HAVE ALREADY BEEN INDICTED.\nISN'T THE NUMBER OF 12,500 ONLY A FRACTION OF THE TOTAL NUMBER\nOF DESERTERS -- 500,000?\nYES, BUT ONLY 12,500 HAVE NOT RETURNED OR WHO HAVE NOT BEEN\nAPPREHENDED.\nFORD\nBERALD\nIF AN INDIVIDUAL INQUIRES ABOUT A POSSIBLE SELECTIVE\nSERVICE VIOLATION, AND IF THERE ARE CHARGES AGAINST\nHIM, WHAT WILL HAPPEN?\nWE ARE ADVISED, THAT HE WILL BE PURSUED, IF HE DOES\nNOT REPORT.\nWHAT IF AN INDIVIDUAL IS NEITHER UNDER INDICTMENT\nNOR INVESTIGATION FOR A SELECTIVE SERVICE VIOLATION\nAND THEN REPORTS AND ADMITS TO SUCH AN OFFENSE?\nHE WILL BE SUBJECT TO PROSECUTION UNLESS HE MAKES\nAN AGREEMENT TO DO ALTERNATIVE SERVICE.\n&\nFORD\nGERALD\nIF THE INDIVIDUAL REFUSES TO SIGN AN AGREEMENT WITH\nTHE DEPARTMENT OF JUSTICE, WILL HE BE PROSECUTED?\nYES, ELIGIBLE DRAFT EVADERS WHETHER OR NOT RETURNING\nFROM OUTSIDE THE UNITED STATES, ARE SUBJECT TO PRO-\nSECUTION IF THEY DO NOT MAKE AN AGREEMENT TO PERFORM\nALTERNATIVE SERVICE WITH THE UNITED STATES ATTORNEY\nFOR\nis\nGERALD\nIF AN ALLEGED VIOLATOR IS APPREHENDED BEFORE\nJANUARY 31, 1975, WILL HE BE ALLOWED TO APPLY\nFOR THE CLEMENCY PROGRAM?\nYES. HE WILL BE TREATED AS IF HE VOLUNTARILY\nPRESENTED HIMSELF TO THE U.S. ATTORNEY.\nFORD\nSERVICE\nGRALD\nIN THE DETERMINATION OF ALTERNATE SERVICE WILL\nTHE APPLICANT HAVE RIGHT TO COUNSEL?\nYES. (1) HE WILL BE PERMITTED TO HAVE COUNSEL\nPRESENT, (2) PRESENT WRITTEN INFORMATION ON HIS\nBEHALF, (3) MAKE AN ORAL PRESENTATION AND (4) HAVE\nCOUNSEL MAKE AN ORAL PRESENTATION.\nFORD\nGERALD\nTHE DRAFT CAME TO AN END, JULY 1, 1973. DOES THIS\nMEAN THERE WILL BE NO PROSECUTIONS FOR FAILURE\nTO REGISTER AFTER THAT DATE?\nNO. ABSENT COMPELLING REASONS WHICH MAY MITIGATE\nTHE OFFENSE, THE CASE WILL BE PROSECUTED.\nWHAT WOULD BE SOME MITIGATING FACTORS?\nIF A REFUSAL TO REGISTER WAS NOT OPEN, NOTORIOUS\nOR OF LONG DURATION, ALSO IF THERE IS CONTRITION\nAND THE INDIVIDUAL DOES REGISTER. IGNORANCE OF\nTHE LAW IS ALSO A MITIGATING FACTOR.\nFORD\nGERALD\nIS AN APPLICANT ADVISED OF HIS RIGHT TO COUNSEL\nBEFORE ENTERING INTO AN AGREEMENT FOR ALTERNATE\nSERVICE?\nCERTAINLY. AND UNLESS I AM MISTAKEN, THE DEPARTMENT\nOF JUSTICE WILL ADVISE RETURNEES OF THEIR RIGHT TO\nCOUNSEL. OF COURSE I CANNOT SPEAK FOR THE DEPARTMENT\nOF JUSTICE, BUT I CANNOT IMAGINE AN APPLICANT NOT BEING\nADVISED.\nR.FORD\nBERALD\nIF A MAN LEAVES THIS COUNTRY TO AVOID THE DRAFT AND OBTAINS\nFOREIGN CITIZENSHIP, WILL HE BE ELIGIBLE FOR THE CLEMENCY\nPROGRAM ?\nNO. THE PROCLAMATION SPECIFICALLY EXCLUDES DRAFT EVADERS\nWHO FLED THE COUNTRY AND OBTAINED FOREIGN CITIZENSHIP. THIS\nIS SPELLED OUT IN 8 USC 1182.\nGETALD R. FORD\nWHO IS ELIGIBLE UNDER THE DOD PROGRAM?\nALL INDIVIDUALS WHO HAVE BEEN CARRIED ADMINISTRATIVELY AS\nA DESERTER THAT IS - IN AWOL STATUS - OVER 30 DAYS -\nBETWEEN MAY, 1964, AND MARCH 28, 1973.\nWHAT FACTORS ARE CONSIDERED?\n1. LENGTH OF SATISFACTORY SERVICE PRIOR TO ABSENCE.\n2. LENGTH OF SERVICE IN SOURTHEAST ASIA IN HOSTILE FIRE ZONE.\n3. AWARDS AND DECORATIONS RECEIVED.\n4. WOUNDS OCCURRING IN COMBAT.\n5. NATURE OF EMPLOYMENT DURING PERIOD OF ABSENCE.\n6. OTHER CONSIDERATIONS.\nSECRED FORD\nIF A MILITARY ABSENTEE, WHOSE CASE IS WITHIN THE\nJURISDICTION OF THE DOD, ASKS FOR INFORMATION,\nWHERE HE IS REFERRED?\nHE IS GIVEN THE INFORMATION THAT HE NEEDS FROM\nTHE LIST THAT FOLLOWS:\n(1) ARMY - US ARMY CLEMENCY INFORMATION POINT,\nFT BEN HARRISON, IN, 46216 (317) 542-3417.\n(2) NAVY - CHIEF OF NAVAL PERSONNEL (PERS 83).\nDEPARTMENT OF THE NAVY, WASHINGTON, DC 20320.\n(202) 694-2007.\n(3) MARINE CORPS - HEADQUARTERS, US MARINE CORPS\n(CODE MC), WASHINGTON, D.C. 20380. (202) 694-8526.\n(4) AIRFORCE - - U.S. AIR FORCE CLEMENCY INFORMATION\nPOINT RANDOLPH AIR FORCE BASE, TX 78148.\n(512) 652-4104.\nFORD\n&\nRALD\nX\nWHAT OFFENSES DO ARTICLES 85, 86, AND 87 COVER?\n1. ARTICLE 85: DESERTION\n2. ARTICLE 86: ABSENCE WITHOUT LEAVE\n3. ARTICLE 87: MISSING MOVEMENT (i.e., ANY PERSON WHO, THROUGH\nNEGLECT OF DESIGN, MISSES THE MOVEMENT OF A SHIP, AIRCRAFT,\nOR UNIT)\nWHAT OFFENSES DO. SECTIONS 12 AND 6 (j) OF THE MILITARY SELECTIVE\nSERVICE ACT COVER?\nTHESE OFFENSES ARE:\n1. FAILURE TO REGISTER OR REGISTER ON TIME.\n2. FAILURE TO KEEP THE LOCAL BOARD INFORMED OF CURRENT\nADDRESS.\n3. FAILURE TO REPORT FOR OR SUBMIT TO PREINDUCTION OR\nINDUCTION EXAMINATION.\n4. FAILURE TO REPORT FOR OR SUBMIT TO INDUCTION ITSELF.\n5. FAILURE TO REPORT FOR OR SUBMIT To, OR COMPLETE ALTERNATIVE\nSERVICE UNDER SECTION 6(j) OF THE ACT.\nBERALD PERALDR. FORD\nPARDON RE MILITARY\nCAN THE PRESIDENT PARDON MILITARY OFFENSES?\nYES, HE CAN PARDON ALL OFFENSES AGAINST THE UNITED STATES,\nJUDICIAL AND NON-JUDICIAL. HE MAY REMIT ALL PENALTIES IN-\nFLICTED BY A SENTENCE OF COURT-MARTIAL, OR BY ADMINISTRATIVE\nACTION. HE CANNOT, HOWEVER, RE-INSTATE A MEMBER OF THE ARMED\nFORCES ONCE HE IS SEPARATED.\nWHAT EFFECT DOES A PARDON HAVE ON THE CHARACTER OF A MILITARY\nDISCHARGE?\nA PARDON DOES NOT ITSELF CHANGE THE CHARACTER OF A DISCHARGE. THE\nARMED FORCES HAS ADOPTED THE RULE OF LAW SET FORTH IN CIVILIAN\nCASES THAT A PARDON DOES NOT MAKE AMENDS FOR THE PAST. THE PRESIDENT\nDOES HAVE STATUTORY AUTHORITY AS COMMANDER IN CHIEF TO UPGRADE DIS-\nCHARGES, BUT THAT AUTHORITY DOES NOT DERIVE FROM HIS PARDONING POWER.\nGERALD FORD\nWHAT IF A RETURNEE DRAFT EVADER DOES NOT THINK HE HAS BEEN\nTREATED FAIRLY?\nIF HE REFUSES ALTERNATIVE SERVICE, HE WILL BE PROSECUTED.\nWHAT OPTIONS DOES A DESERTER HAVE WHEN HE TURNS HIMSELF IN?\n1. OPPORTUNITY TO REQUEST DISCHARGE FOR GOOD OF SERVICE.\n2. MAY APPLY FOR AND BE RETURNED TO DUTY.\n3. IF AN OFFICER, HE WILL BE GIVEN OPTION OF RESIGNATION\nIN LIEU OF TRIAL BY COURT-MARTIAL.\n4. IF TERMS OF CLEMENCY PROGRAM ARE REFUSED, HE WILL BE\nPROCESSED IN ACCORDANCE WITH PRESENT SYSTEM.\nGERALD FORD\nA MAN WITHOUT A CONVICTION WHO DOES ALTERNATIVE SERVICE\nWILL NOT HAVE A CRIMINAL RECORD. YET A CONVICTED DRAFT\nVIOLATOR MUST LIVE WITH HIS RECORD EVEN AFTER HE RECEIVES\nHIS PARDON. IS THAT FAIR?\nNO. BUT AS A MATTER OF LAW, A PARDON DOES NOT EXPUNGE A RECORD\nAND ULESS THERE IS A CHANGE IN THE LAW, IT IS AN INEQUITY THAT\nWE WILL HAVE TO LIVE WITH.\nIF AN INDIVIDUAL BECOMES A CITIZEN OF CANADA, IS HE INELIGIBLE\nTO APPLY FOR CLEMENCY?\nYES. THE PRESIDENT'S PROCLAMATION SPECIFICALLY EXCLUDES THOSE\nPERSONS WHO LEFT THE COUNTRY TO AVOID THE DRAFT AND WHO HAVE\nBECOME CITIZENS OF A FOREIGN COUNTRY. THEY ARE EXCLUDABLE\nALIENS UNDER 8 U.S.C. 1182.\nFORD\nDOD\nHOW MANY DESERTERS ARE STILL AT LARGE?\n12,500\nHOW MANY HAVE HAD OTHER CHARGES AGAINST THEM?\nABOUT 2%\nEPALE & FORD\nHOW MUCH ALTERNATIVE SERVICE GIVEN IN DOD PROGRAM?\nNORMALLY, 24 MONTHS. BUT THIS MAY BE REDUCED DEPENDING ON\nCERTAIN FACTORS.\nFORD\nARE ELIGIBLE RETURNEES PAID TRAVEL EXPENSES\nTO TURN THEMSELVES IN?\nYES. FROM POINT OF RETURN TO MILITARY CONTROL\nAND THEN TO THE SEPARATION POINT.\nWHAT DOES A CLEMENCY DISCHARGE DO FOR A MAN?\nIT IS GIVEN IN RECOGNITION OF SATISFACTORY COMPLETION\nOF ALTERNATIVE SERVICE PURSUANT TO PRESIDENTIAL\nPROCLAMATION NO. 4313.\nF. FORD\nALTERNATIVE SERVICE\nWHO ADMINISTERS THE ALTERNATIVE SERVICE PROGRAM?\nTHE DIRECTOR OF SELECTIVE SERVICE HAS BEEN DESIGNATED\nBY THE PRESIDENT TO ADMINISTER WHAT SELECTIVE SERVICE\nCALLS THE RECONCILIATION SERVICE PROGRAM.\n&\nrond\nGERALD\nSELECTIVE SERVICE:\nWHO IS RESPONSIBLE FOR PLACING PEOPLE IN ALTERNATIVE SERVICE\nWORK?\nTHE STATE SELECTIVE SERVICE DIRECTORS.\nWILL AN APPLICANT HAVE AN OPPORTUNITY TO WORK WHERE HE WANTS TO?\nEVERY OPPORTUNITY WILL BE MADE TO ACCOMMODATE THE APPLICANT.\nFORD\nWHEN DOES A RECIPIENT OF CLEMENCY REPORT FOR\nALTERNATIVE SERVICE?\nONCE AN APPLICANT'S ALTERNATIVE SERVICE REQUIREMENT\nHAS BEEN DETERMINED, THE ORGANIZATION THAT ACTED\nUPON HIS CASE WILL WRITE TO HIM. IT WILL INFORM THE\nRECIPIENT OF CLEMENCY OF THE AMOUNT OF ALTERNATIVE\nSERVICE THAT HE SHOULD PERFORM. IF THERE IS ANY, THE\nLETTER WILL STATE ALSO THAT HE HAS 15 DAYS TO REPORT\nIN PERSON TO A SELECTIVE SERVICE OFFICE. WHEN THE\nPERSON REPORTS AND ENROLLS IN THE RECONCILIATION\nSERVICE PROGRAM, HE WILL HAVE TO INDICATE HIS PLACE\nOF RESIDENCE. THE STATE DIRECTOR OF THE STATE WHERE\nTHE PERSON LIVES WILL HAVE PRIMARY RESPONSIBILITY FOR\nTHE MAN'S PLACEMENT INTO AN ALTERNATIVE SERVICE JOB.\nFORD\nWHAT IS THE PROCESS FOR ASSIGNING A RECIPIENT TO\nALTERNATIVE SERVICE?\nA RECIPIENT OF CLEMENCY WILL HAVE 30 DAYS TO START\nWORK ON AN APPROVED JOB AFTER THE DATE OF HIS\nENROLLMENT. IF HE WISHES TO LOCATE AN APPROVABLE\nJOB OF HIS OWN CHOOSING, HE WILL BE GIVEN 20 DAYS\nIN WHICH TO DO so. THE STATE DIRECTOR WILL BE GLAD\nTO ASSIST HIM IN LOCATING HIS OWN JOB DURING THIS\nPERIOD.\nTHE JOB MUST BE WITH AN ELIGIBLE EMPLOYER AND MUST\nBE A REGULAR FULL-TIME JOB. HE WILL NOT BE PERMITTED\nTO WORK ON AN \"ON CALL\" OR \"PERSONAL CONVENIENCE\"\nBASIS.\nIF HE FINDS A JOB, THE EMPLOYER AND THE JOB MUST BE\nAPPROVED BY THE STATE DIRECTOR OF SELECTIVE SER-\nVICE. ONLY SELECTIVE SERVICE CAN GIVE SUCH APPROVAL.\nIF THE RECIPIENT DOES NOT SUBMIT AN APPROVABLE JOB\nTO THE STATE DIRECTOR WITHIN A 20-DAY PERIOD AFTER\nHIS ENROLLMENT, THE STATE DIRECTOR WILL ASSIGN\nTHE RECIPIENT TO ONE OF THE JOB OPENINGS AVAILABLE.\nTHE STATE DIRECTOR WILL DO THIS WITHIN 30 DAYS.\nWHAT ARE THE GUIDELINES FOR APPROVABLE ALTERNATIVE\nSERVICE EMPLOYMENT?\nTHAT THE EMPLOYMENT: (A) PROMOTES THE NATIONAL\nHEALTH, SAFETY, OR INTEREST, (B) THAT IT IS WITH A\nNON-PROFIT ORGANIZATION, AND (C) THAT IT DOES NOT\nINTERFERE WITH THE COMPETITIVE LABOR MARKET. IF\nANY PERSON, OTHER THAN ANOTHER RECIPIENT OF\nCLEMENCY WHO HAS TO PERFORM ALTERNATIVE SERVICE,\nWANTS THE JOB, THE PERSON WHO IS PERFORMING ALTER-\nNATIVE SERVICE CANNOT HAVE IT.\nHOW DOES A PROSPECTIVE EMPLOYER APPLY FOR AN\nALTERNATIVE SERVICE EMPLOYEE?\nIF A NON-PROFIT ORGANIZATION WISHES TO BE CONSIDERED\nAS AN ALTERNATIVE SERVICE EMPLOYER, A REPRESENTATIVE\nOF THAT ORGANIZATION SHOULD CONTACT A STATE DIRECTOR.\nIF THE EMPLOYMENT MEETS THE ALTERNATIVE SERVICE\nREQUIREMENTS, THE JOB WILL BE PUT IN THE STATE DIRECTOR'S\n\"BANK\" OF JOBS.\nHOW MANY PEOPLE HAVE BEEN PLACED so FAR?\nAS OF NOVEMBER 18, THERE WERE 1218 ENROLLED WITH\nSELECTIVE SERVICE; 177 ACTUALLY AT WORK; 414\nRETURNED TO WORK; AND 477 SEEKING THEIR OWN\nPOSITIONS.\nSELECTIVE SERVICE ALLOWS REGISTRANT TO FIND HIS\nOWN JOB?\nYES, IF HE MEETS THE CRITERIA ESTABLISHED BY\nSELECTIVE SERVICE.\nWHAT HAPPENS UPON COMPLETION OF ALTERNATIVE\nSERVICE?\nWHEN A PERSON SATISFACTORILY COMPLETES HIS\nRECONCILIATION SERVICE, THE DIRECTOR OF SELECTIVE\nSERVICE WILL ISSUE A CERTIFICATE OF COMPLETION TO\nTHAT PERSON AND SEND A COPY OF IT TO THE ORGANIZATION\nTHAT CONSIDERED THE PERSON'S CASE.\nFORD\ngive\nIF AN APPLICANT REGISTERS FOR ALTERNATIVE SERVICE,\nWILL HE BE GIVEN CREDIT FOR THAT PERIOD OF TIME\nSPENT WAITING FOR EMPLOYMENT THROUGH SELECTIVE\nSERVICE?\nTHE STATE DIRECTOR WILL ASSIGN A RETURNEE TO A\nRECONCILIATION JOB WITHIN 30 DAYS AFTER HE REPORTS\nIN PERSON TO SELECTIVE SERVICE. IF HE IS NOT PLACED\nIN THAT PERIOD OF TIME HE WILL BE GIVEN \"GOOD TIME\"\nFOR THE DELAY. HE WILL BE GIVEN \"GOOD TIME\" FOR PERIODS\nBETWEEN RE-ASSIGNMENT PROVIDING HIS FORMER SERVICE\nSATISFACTORILY.\nFORD\nWHAT KINDS OF JOBS WILL BE AVAILABLE TO THESE MEN?\nTHE PROGRAM REQUIRES THAT EMPLOYMENT MUST INVOLVE NATIONAL\nHEALTH, SAFETY OR INTEREST, NAD (2) THERE MUST BE NO INTER-\nFERENCE WITH THE COMPETITIVE LABOR MARKET. THE APPLICANT\nCANNOT BE ASSIGNED TO A JOB WHERE THERE ARE MORE NUMEROUS\nQUALIFIED APPLICANTS THAN THERE ARE SPACES AVAILABLE. THIS\nRESTRICTION DOES NOT PROHIBIT THE APPROVAL OF SPECIAL PRO-\nGRAMS ESTABLISHED BY THE DIRECTOR OF SELECTIVE SERVICE.\nHOW WILL THE REGISTRANT BE COMPENSATED?\nTHEY WILL BE COMPENSATED ENOUGH TO PROVIDE A STANDARD OF LIVING\nCOMPARABLE TO WHAT THAT PERSON WOULD HAVE RECEIVED IN SERVICE.\nFCDD\nWHAT ABOUT WAGES?\nTHE WAGES THAT THE RECIPIENT OF CLEMENCY RECEIVES\nWILL BE PAID BY HIS EMPLOYER. NO SPECIFIC PUBLIC\nFUNDS ARE AVAILABLE TO PAY FOR ALTERNATIVE SERVICE\nJOBS; HOWEVER, IF PUBLIC FUNDS HAVE BEEN ALLOCATED\nFOR A JOB AND AN INDIVIDUAL WHO IS DOING ALTERNATIVE\nSERVICE IS THE ONLY ONE WHO WANTS THE JOB, HE MAY BE\nPAID WITH THE ALLOCATED PUBLIC FUNDS.\nA RECIPIENT OF CLEMENCY WILL RECEIVE THE SAME PAY\nAND BENEFITS AS ANY OTHER EMPLOYEE WOULD WHO\nOCCUPIED THE SAME POSITION AND THE SAME EXPERIENCE\nAND SKILLS. WHENEVER POSSIBLE, A RECIPIENT WILL BE\nPLACED IN A JOB WHERE HE CAN USE HIS TRAINING AND\nEXPERIENCE.\nWILL THE TALENTS OR PROFESSIONAL SKILLS OF THE\nREGISTRANT BE UTILIZED?\nDEFINITELY, WHENEVER AND WHEREVER POSSIBLE.\nWHAT IF A RETURNEE IS REFUSED EMPLOYMENT WHEN\nSENT OUT ON A JOB, OR HE IS TERMINATED?\nA NEW JOB WILL BE FOUND. IF HE HAS BEEN TERMINATED,\nA NEW JOB WILL BE ASSIGNED.\nFORD\nGENERALLY, WHAT KINDS OF JOBS WILL BE AVAILABLE?\nHOSPITALS\nMENTAL HEALTH CENTERS\nRESEARCH CENTERS\nPUBLIC SERVICE ORIENTATED PROGRAMS\nCOMMUNITY CENTERS\nLEGAL SERVICE CENTERS\nFREE CLINICS\nCHURCHES\nRELIEF SERVICES\nENVIRONMENTAL PROGRAMS\nWILL IT BE DIFFICULT TO PLACE PEOPLE?\nYES, BUT NOT IMPOSSIBLE.\nR.FORD\nDO YOU HAVE ANY IDEA WHAT THE AVERAGE WAGE\nIS?\nYES. AS OF MAY, 1973, IT WAS $402 PER MONTH FOR\nPEOPLE DOING ALTERNATE SERVICE.\nMAY A REGISTRANT WORK PART-TIME?\nNO. HE MUST PUT IN A FORTY HOUR WORK WEEK.\nFORD\nIF A DRAFT EVADER COMPLETES ALTERNATE SERVICE,\nWILL BE BE PROSECUTED?\nNO.\nARE YOU SURE JOBS WON'T BE COMPETITIVE WITH LABOR\nMARKET?\nYES. SELECTIVE SERVICE TELLS US THAT NONE OF THE\n13,000 PEOPLE NOW DOING ALTERNATIVE SERVICE, NONE\nARE IN COMPETITION WITH LABOR MARKET.\nFORD\nQuestion: Mr. Goodell, you've spent a considerable amount of time\ndescribing the lack of education and sophistication of the potential\napplicants under the Board's jurisdiction. Originally, perhaps you may\nhave expected that those applicants might be part of an evader and\ndeserter communications network. What you have found, however,\nis that since these are frequently not ideological applicants, they are\nnot part of such a network. Particularly given the nature of your\napplicants, then, is it not necessary to have an extension of the\napplication deadline, so that more of them can become aware of the\nclemency program?\nAnswer: It is true that most of our applicants probably are not \"wired\nin\" to the evader/deserter communication network. We have, however,\ntaken several steps to ensure that they do learn about the program.\n(1) We have disseminated our notice of proposed rulemaking to\nevery counselling organization and every lawyers' organizations\nwhich we are aware of, down to the local level. I might add\nthat we have sent the regulation to every Senator and Congressman\nfor comment and for use in counselling troubled constituents\nwho come to you asking whether they should take part in the\nprogram.\n(2) We have produced and are distributing a series of public\nservice radio and television spots.\n(3) We have held several press conferences announcing the\nBoard's actions, and the President held a public signing\nceremony for the first set of pardons.\n10ND\nQuestion: Has your Board been operating pursuant to the Administra -\ntive Procedures Act?\nAnswer: Since the Board is not empowered to make final decisions,\nbut only to advise the President with respect to clemency, the\nAdministrative Procedures Act does not apply to us. Moreover, the\npardon power is inherently discretionary, and cannot be trammelled\nby any procedural requirements.\nNotwithstanding that legal fact, the Board has taken to heart the spirit\nof the Administrative Procedures Act, and has operated within its\nframework. We have made public every single guideline on the basis\nof which the Board operates. We have published a notice of proposed\nrule-making which summarizes all of the Board's guidelines, and have\nsolicited comments on that proposed rulemaking. Having incorporated\nthose comments into Board policy, we intend to publish a final regulation\nwithin the next several days.\nEven before publication in the Federal Register, we had made public the\nBoard's initial guidelines in a press conference which I held in early\nOctober, and we distributed those procedural and substantive guidelines\nto anyone who requested them.\nFORD LIBRARI & 8788\nQuestion: It is clear that the pattern of decision-making differs\nradically between the three parts of the President's clemency\nprogram. Where the Board and the Department of Defense have been\nsticklers about due process, the Justice Department has been much\nless concerned about procedural rights. Where the Board has been\ntruly clement in its substantive decisions on length of alternate\nservice, the Department of Justice and of Defense have required 24\nmonths of alternate service from almost all applicants for clemency\nunder their jurisdictions.\nDoesn't this suggest that a tripartite structure is unwieldy and ill-suited\nto carrying out the President's intent? Does it not suggest that the\nClemency Board ought to be given jurisdiction over all parts of the\nprogram, at least in the form of supervisory responsibility over the\nway that Justice and Defense conduct their parts of the program?\nAnswer: If the criminal justice and military justice processes are to\nbe maintained, we cannot have any structure besides the one which the\nPresident has promulgated. The people who come to Justice have not\nyet gone through the criminal justice process, and it would be a\ndenigration of that process if it were ignored. Similarly, the people\nin the military's jurisdiction under the clemency program have thus\nfar not gone through the military justice process, and that process\nwould be dishonored if they were not brought into it. The Clemency\nBoard's jurisdiction has been carefully drawn precisely so that the\nBoard deals only with people who have exhausted their remedies within\nthe criminal justice and military justice processes, and whose last\nresort is a plea to the President.\nFollow-Up Question: But we are not suggesting, Senator Goodell, that\npeople in the Justice and Defense Departments' jurisdiction should\nhave their cases removed to the Board instead. Rather, perhaps the\nBoard could simply examine Justice's and Defense's dispositions to\nensure consistency with the President's intent of \"clemency\", and with\nthe President's dispositions in cases before the Board.\nAnswer: Presidential interference in the normal criminal justice\nprocess is in part what Watergate was all about, and what the previous\nAdministration was criticized for. We cannot very well do it on issues\nin which the outcome happens to be to our liking, and then expect future\nAdministrations not to interfere in the criminal justice process in ways\nwhich we here today might not find so pleasing at all.\nFOND\nit\nRENALD\n- 2 -\nMoreover, it is specious to draw a comparison between the cases\nbefore the Board and the cases before the other parts of the clemency\nprogram. The Board deals only with the cases of the already convicted and\ndischarged--those who have already been punished. Our people should\nhave different--perhaps more clement--dispositions that the applicants\nunder the jurisdiction of Justice and Defense, since our applicants\nhave for the most part already paid much of their debt to society.\n100)\nGERALD\nQuestion: Senator, at a time when veterans are unemployed all\nacross the nation, how can you countenance giving alternate service\njobs to evaders and deserters who probably wouldn't be able to get\njobs otherwise?\nAnswer: The President contemplated that problem when the\nclemency Proclamation was initially drawn up, and the problem was\nresolved in such a way that clemency applicants doing alternate\nservice can never be competitive with veterans seeking ordinary\njobs. This is so for two reasons:\n(1) Clemency applicants performing alternate service are\nexplicitly barred from receiving compensation higher\nthan they would receive if they were entering the armed\nforces, and\n(2) The Proclamation specifically bars the government from\nplacing any clemency applicant in a job for which there\nmay be competition from anyone else not involved in the\nclemency program. Alternate service positions will for\nthe most part be subsistence-pay positions in non-profit\norganizations which are not normally part of the labor market,\nand which would not be attractive to a veteran who is not\npart of the clemency program.\nQuestion: Why does the Clemency Board not guarantee personal\nappearances before it as a matter of right? Particularly in the case\nof the kinds of people whom you have before your Board--the\ninarticulate, those who cannot well prepare legal briefs, those who\nmay be unable to acquire a lawyer or suspicious of one--is not a\npersonal appearance necessary to ensure that the Board really gets\na sense of the whole person, and gives him a fair shake?\nAnswer: Assume 1500 applications, a not unreasonable number when\nyou consider that we have 800 now. I expect that we will have many\nmore than 1500 as the application deadline nears. Assume 15 minutes\nper applicant. That comes out to 375 hours of personal appearances\n--assuming the Board were to do no decision-making, no consideration of\nits rules, no other work. It's impossible.\nGERMED\nQuestion: Under the Proclamation, the Clemency Board has\njurisdiction not only over draft offenses and unauthorized\nabsence offenses, but also over \"related offenses. \" Which\nother offenses has the Board determined to be related, for\ncivilian and military cases? Has the Board itself made that\ndecision, or has it permitted Justice and Defense to make\nthat decision for it? How many potential applicants are\naffected?\nis\nGERALD"
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