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Questions and Answers (1)
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Charles E. Goodell Papers
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The original documents are located in Box 9, folder "Questions and Answers (1)" 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States of America his copyrights in all of his unpublished writings in National Archives collections.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
QUESTIONS AND ANSWERS
FORD & CIGRARY GERALD
HISTORY
GERALD
WHAT EARLY AMERICAN PRECEDENCE IS
THERE FOR TREATING GENEROUSLY THOSE
WHO BREAK THE LAW?
WHAT HAVE OTHER NATIONS DONE WHEN LAR GE SEGMENTS
OF THEIR POPULATIONS HAVE RESISTED?
GERALD
CONFRONTED WITH ACTS OF HOSTILITY AGAINST THE NATION
INCOMPARABLY MORE SERIOUS THAN THOSE ALLEGED
AGAINST OUR DESERTERS OR DRAFT EVADERS. FRANCE,
NORWAY, BELGIUM, THE NETHERLANDS, AND JAPAN ALL
GRANTED PARTIAL AMNESTY TO THOSE VERY LARGE SEGMENTS
OF THEIR POPULATIONS WHO HAD ENGAGED IN DISLOYAL
ACTIVITIES. IT IS PERHAPS EVEN MORE RELEVANT TO RECALL
THAT THAT GREAT SOLDIER WHO WAS ALSO A GREAT SATESMAN
AND PATRIOT, GENERAL DE GAULLE, PROCLAIMED A GENERAL
AMNESTY TO THE OVERWHELMING MAJORITY OF THOSE WHO
HAD RESISTED - EVEN BY ARMS - HIS POLICY DURING THE
ALGERIAN CRISIS.
IN ALL THIS WE ARE REMINDED OF WHAT THAT OTHER GREAT
SOLDIER AND STATEMAN, WINSTON CHURCHILL, SAID, "THERE
MUST BE A BLESSED ACT OF OBLIVION."
AMNESTY OR PARDON GRANTED BY PRESIDENT GEORGE WASHINGTON
Incident: Whiskey Insurrection ending July 17, 1794.
Action:
One year later, July 10, 1795, President George Washington
granted a general pardon to all who agreed to obey the law.
The insurrection involved several hundred men who attacked
and burned the home of the regional inspector of the excise
(tax collector).
President Washington in explaining his actions to Congress
stated:
"For though I shall always think it a sacred
duty to exercise with firmness and energy
the constitutional powers with which I am
vested, yet my personal feeling is to mingle in
the operations of the Government every degree
of moderation and tenderness which the national
justice, dignity and safety may permit. "
FOR
:
GERALD
AMNESTY OR PARDON GRANTED BY PRESIDENT JOHN ADAMS
Incident: Pennsylvania Insurrectionists - 1799
Action:
In 1799 a small band of Pennsylvanians (over 100) rebelled
against the laws for the value placed on lands and dwellings,
Further, they freed prisoners being held by a U.S. marshal
and prevented him from performing his duties.
The following year, on May 21, 1800, President Adams granted
a full pardon to all who were involved who had not already
been indicted or convicted.
FORD
GERALD
AMNESTY OR PARDON GRANTED BY PRESIDENT THOMAS JEFFERSON
Incident: Deserters from the Army of the United States
Action:
On October 15, 1807, President Jefferson, by proclamation
granted a full pardon to all deserters from the U.S. Army,
providing they surrendered themselves within four months
from the signing of the document.
FORD
&
GERALD R.
RALD
AMNESTY OR PARDON GRANTED BY PRESIDENT JAMES MADISON
Incident: Prior to and during War of 1812
Action:
President Madison signed three proclamations (February 7,
1812; October 8, 1812; and June 14, 1814) offering full
pardon to deserters providing they surrendered within
four months.
Further, on February 6, 1815, President Madison offered
amnesty to pirates and smugglers who aided in fighting the
British during the War of 1812. In essence, this was
designed for those pirates and smugglers who had law suits,
indictments or prosecutions brought against them.
FOND
&
GERALD
AMNESTY OR PARDON GRANTED BY PRESIDENT ANDREW JACKSON
Incident: Desertion from U.S. Army
Action:
Congress repealed the death penalty for peace-time desertion.
On June 12, 1830, President Jackson proclaimed amnesty for
deserters with provisions: (1) Those in confinement return
to duty. (2) Those at large under sentence of death discharged,
never again to be enlisted.
CERALER FORD
AMNESTY AND PAROLE GRANTED BY PRESIDENT ABRAHAM LINCOLN
Incident: The Civil War
Action:
On February 14, 1862, at the direction of President Lincoln,
Secretary of War Stanton ordered the release of political
prisoners and others held under military custody. The majority
of these individuals had been detained simply as a result
of the confusion which occurred at the outbreak of the Civil
War.
Further, on February 27, a special commission was created
for the purpose of determining whether prisoners who wer
being detained should be bound over for civil trial.
GERALD
Congress enacted the Confiscation Law on July 17, 1862,
which authorized President Lincoln to extend a pardon or
amnesty to those participating in the initial rebellion.
However, Lincoln, through a series of subsequent proclamations
which he issued, clearly indicated that he didn't consider
this Law to be his sole source of authority.
On March 10, 1863, Lincoln issued a Presidential Proclamation
stating that deserters who reported to their regiments
prior to April 1, 1863, would receive no punishment except
to forfeit their pay accrued during their desertion.
On December 8, 1863, Lincoln, again by proclamation, extended
full pardon to all who were implicated in the rebellion
providing they took an oath of loyalty to the Union. There
were some exceptions.
Because of some ambiquity in the December 8 proclamation,
Lincoln issued another proclamation which defined cases
which would be eligible for the benefits outlined in the
original document. (March 24, 1864)
An Act of Congress, on March 3, 1865, required that deserters
forfeit their citizenship and directed Lincoln to issue a
proclamation which pardoned all deserters who returned to
their posts within 60 days and served a period of time
equal to their original enlistment. Lincoln issued that
proclamation on March 11, 1865.
In addition, the Department of War on July 3, 1866, offered
conditional amnesty to deserters who surrendered prior to
August 15, 1866.
AMNESTY OR PARDON GRANTED BY PRESIDENT ANDREW JOHNSON
Incident: Civil War
Action:
President Johnson issued a proclamation of Amnesty and
Reconstruction on May 29, 1865. This act called for full
GREATO
pardon to all Confederates who took oath of allegiance to
the United States. There were exceptions.
On January 21, 1869, the first real battle between the
executive and the legislative occurred in regard to
authority of the President to grant amnesty and pardons.
This conflict resulted in the repeal of Section 13 of the
Confiscation Act.
President Johnson, unhappy about this, chose in essence to
ignore the action. Through three subsequent proclamations
(September 7, 1867 - July 4, 1868 - December 5, 1868)
Johnson first granted conditional amnesty with exceptions
(certain officers; those indicted for felony or treason)
finally culminating in universal and unconditional amnesty
for persons of the Confederate States.
Congress was infuriated. The Senate Judiciary Committee
issued a report on February 17, 1869, which said in effect
that the President had gone beyond his constitutional power.
The Judiciary Committee issued a resolution stating that the
President's proclamation "
was not authorized by the
Constitution or laws. II The Senate did not act upon the
resolution.
Although, subsequently Congress did become much more involved
in granting amnesty and pardon, primarily through the impli-
mentation of the fourteenth amendment.
However, as Pat Buchanan points out "
there was never
a general unconditional amnesty for either draft-dodgers
or deserters; and indeed, not until 1898 did the Universal
Amnesty Act remove all disabilities against all former
Confederates.
=
Incidentally, it was the pressures brought on by the Spanish-
American War which resulted in the Universal Amnesty Bill being
enacted and not the Civil War.
AMNESTY OR PARDON GRANTED BY PRESIDENT TEEDY ROOSEVELT
Incident: Philippine Insurrection
Action:
On July 4, 1902, President Teddy Roosevelt issued a proclamation
granting "complete pardon and amnesty" for all who took
part in the rebellion. It was, however, subject to condition --
the participants had to take an oath recognizing "the
supreme authority of the United States in the Philippine
Islands."
FORD
GERALD
AMNESTY OR PARDON GRANTED BY PRESIDENT WOODROW WILSON
Incident: World War I
Action:
President Wilson declared no general amnesty for deserters.
There was, however, two Presidential proclamations which
granted particular amnesty to some deserters and draft
violaters.
FORD
AMNESTY OR PARDON GRANTED BY PRESIDENT CALVIN COOLIDGE
Incident: World war I
Action:
In 1924, President Coolidge granted amnesty and return of
citizenship to about 100 individuals who had deserted since
the armistice for World War I was declared.
It wasn't until December 23, 1933, that President Roosevelt
granted amnesty and citizenship to those individuals who
were involved in draft infractions and espionage acts
resulting from World War I. And it was only granted after
they had completed their prison sentence.
FORD
&
CHALD
AMNESTY OR PARDON GRANTED BY PRESIDENT HARRY S. TRUMAN
Incident: World War II and Korean War
Action:
Based upon recommendations from the Amnesty Board, only
1,523 individuals who violated the Selective Service Act
during World War II were pardoned by President Truman. That
was out of a total of 15,805 cases.
On December 24, 1950, Truman issued two proclamations
which pardoned ex-convicts with a year or more in the
armed forces after June 25, 1950, and all those convicted
between August 15, 1945, and June 25, 1950, for desertion
who had been court-martialed or dishonorably discharged or both.
FORD
&
GERALD
AMNESTY OR PARDON GRANTED BY PRESIDENT DWIGHT D. EISENHOWER
Incident: Korean War
Action:
There is no record of Presidential amnesty for draft evasion
or deserters after the Korean War.
GERALD
AMNESTY
WHAT IS AMNESTY?
THE WORD ITSELF IS GREEK - AMNESTIA - MEANS
FORGETFULNESS, OBLIVION, THE ERASING FROM
MEMORY.
THERE IS THE HIGHEST JUDICIAL SANCTION FOR THIS
DEFINITION: "AMNESTY IS THE ABOLITION AND FORGET-
FULNESS OF THE OFFENSE: PARDON IS FORGIVENESS, 11
SAID THE SUPREME COURT, KNOTE V. U.S., 95 U.S. 149.
AMNESTY IS A DISCRETIONARY ACT BY A SOVEREIGN TO
DECIDE THAT A CLASS OF OFFENDERS WILL BE IGNORED.
AMNESTIES USUALLY APPLY TO POLITICAL OFFENDERS OR
ALLEGED POLITICAL OFFENDERS AFTER THE SITUATION
THAT PROVOKED THEIR ACTS HAS CHANGED. THE PUR-
POSE OF AN AMNESTY IS TO MAKE POSSIBLE THE LARGER
GOALS OF A SOCIETY AS IT LOOKS FORWARD TO A FUTURE
WITHOUT RECRIMINATIONS.
GERALD FORD LIBRARY
WHAT IS THE DIFFERENCE BETWEEN AMNESTY AND
PARDON?
A PARDON GENERALLY APPLIES TO A SINGLE OFFENDER
WHO HAS ALREADY BEEN JUDGED GUILTY. IT IMPLIES
FORGIVENESS RATHER THAN FORGETTING. ALONG WITH
CLEMENCY, THE ACT OF PARDON PRESUPPOSES THAT
NO FURTHER PURPOSE WOULD BE SERVED BY CONTINUING
PUNISHMENT ALREADY STARTED OR COMPLETED.
AMNESTY DOES NOT CONSIDER GUILT OR INNOCENCE, BUT
ON BEHALF OF SOCIETY, THE GOVERNMENT CLEARS THE
RECORD FOR AN ENTIRE GROUP OF PEOPLE. IT IS IN THE
EYES OF THE LAW AS IF THE ALLEGED OFFENSE HAD
NEVER HAPPENED.
FORD
WHAT DOES AMNESTY MEAN IN TERMS OF LEGAL AND
POLITICAL RIGHTS?
AMNESTY NORMALLY INVOLVES THE TOTAL RESTORATION
OF ALL LEGAL AND POLITICAL RIGHTS AND THE CLEARING
OF ANY CRIMINAL RECORD THAT THE INDIVIDUAL MIGHT HAVE
FOR THE ACTS AMNESTIED. THESE WHO HAVE BEEN CON-
VICTED WOULD HAVE THEIR RECORDS EXPUNGED, THOSE IN
PRISON WOULD BE RELEASED, THOSE WHO FACE POSSIBLE
PROSECUTION WOULD BE IMMUNE FROM THAT PROSECUTION.
PERSONS NOW UNABLE TO RETURN TO THE UNITED STATES
COULD THEN RETURN, THOSE WHO CANNOT VOTE, HOLD
PUBLIC OFFICE, OR EVEN OBTAIN PROFESSIONAL LICENSES
IN MOST STATES, WOULD HAVE RESTORATION OF THEIR CIVIL
AND POLITICAL RIGHTS.
FORD
GERALD
WHO HAS THE AUTHORITY TO GRANT AN AMNESTY?
THE CONSTITUTION GIVES THE EXECUTIVE THE "POWER TO
GRANT REPRIEVES AND PARDONS FOR OFFENSES AGAINST
THE UNITED STATES. 11 IT HAS BEEN HELD BY THE
SUPREME COURT THAT THIS POWER ALSO INCLUDES AMNES-
TIES. (U.S. V. KLEIN 1872).
IN THE HISTORY OF THE UNITED STATES, AMNESTIES HAVE
BEEN GRANTED BY THE PRESIDENT ALONE, BY THE
PRESIDENT WITH THE AUTHORIZATION OF CONGRESS, AND
BY CONGRESS ALONE.
GERALD
IS THERE A TIME LIMIT FOR AMNESTY?
THERE IS NO TIME LIMIT TO AMNESTIES. PRESIDENT MC KINLEY
DECLARED THE LAST OF THE AMNESTIES FOR THE CONFEDER-
ACY, AND PRESIDENT FRANKLIN ROOSEVELT COMPLETED THE
AMNESTIES FOR WORLD WAR I. THE LONGER AN AMNESTY IS
DELAYED, HOWEVER, THE LESS RELEVANT IT WILL BE.
FORD & LIBRARY
WHAT IS THE RATIONALE BEHIND THE CLEMENCY PROGRAM?
THE PROGRAM IS BASED ON THE BELIEF THAT EACH CITIZEN HAS
A DUTY OF SERVICE TO HIS COUNTRY AND THAT THIS DUTY HAS
NOT BEEN MET BY THOSE WHO EVADED THE DRAFT OR DESERTED
FROM THE MILITARY. ALTHOUGH MANY OF THESE PEOPLE ACTED
AS A MATTER OF CONSCIENCE, THE FACT REMAINS, HOWEVER,
THAT IN ALL BUT A FEW CASES THEIR DUTY TO SERVE THEIR
COUNTRY STILL REMAINS.
THE PRESIDENT, IN FURTHERANCE OF OUR NATIONAL COMMITMENT
TO JUSTICE AND MERCY, AND IN THE SPIRIT OF RECONCILIATION
HAS INSTITUTED THE CLEMENCY PROGRAM WHEREBY RESISTERS
MAY BE RELIEVED OF PROSECUTION AND PUNISHMENT. INSTEAD
OF PUNISHMENT, DRAFT VADERS AND MILITARY ABSENTEES
ARE GIVEN THE OPPORTUNITY TO FULFILL THEIR OBLIGATIONS
BY DOING ALTERNATIVE SERVICE. IT IS ESSENTIAL TO REMEMBER
THAT ALTERNATIVE SERVICE IS THE FULFILLMENT OF AN
OBLIGATION -- NOT A PUNISHMENT, AND THAT INDIVIDUALS ARE
BEING ASKED TO PROMOTE THE NATIONAL HEALTH, SAFETY, OR
INTEREST -- NOT FIGHT A WAR.
WHAT CASES WILL BE CONSIDERED BY THE PRESIDENTIAL CLEMENCY
BOARD?
THE PCB WILL CONSIDER THE CASES OF PERSONS WHO:
1. HAVE BEEN CONVICTED OF VIOLATING SECTION 12 OR 6 (j) OF
MILITARY SELECTIVE SERVICE ACT, OR ANY RULE OR REGULATION
PROMULGATED PURSUANT TO THOSE SECTIONS.
2. HAVE RECEIVED PUNITIVE OR UNDESIRABLE DISCHARGES FOR
VIOLATIONS OF ARTICLES 85, 86, or 87 OF THE UNIFORM CODE OF
MILITARY JUSTICE, OR, AS OF SEPTEMBER 16, 1974, WERE
CONFINED FOR SUCH VIOLATIONS.
THE CLEMENCY PROGRAM IS MEANT FOR VIETNAM-ERA OFFENSES, HOW
IS "VIETNAM-ERA" DEFINED?
THE PROGRAM COVERS ONLY CERTAIN OFFENSES THAT WERE COMMITTED
OR COMMENCED BETWEEN AUGUST 4, 1964, AND MARCH 28, 1973, IN-
CLUSIVE. "COMMENCED" IS IMPORTANT TO REMEMBER--IF A MAN
DESERTED ON MARCH 28, 1973, HIS CASE COULD STILL BE CONSIDERED
BY THE PRESIDENTIAL CLEMENCY BOARD.
WHEN IS THE DEADLINE FOR APPLICATIONS?
THE CORRECT ANSWER IS PRIOR TO JANUARY 31, 1975. THE RIGHT
ANSWER IS, HOWEVER, PROBABLY BY JANUARY 31, 1975. THE NEWS
MEDIA AND EVEN SOME OF THE PCB STAFF CONTINUE TO SAY "BY"
INSTEAD OF "PRIOR TO." THE PCB IS CERTAINLY NOT LEGALLY
ESTOPPED FROM REFUSING TO CONSIDER APPLICATIONS RECEIVED ON
JANUARY 31, 1975, BUT EQUITY SEEMS TO DEMAND THAT THE PCB
CONSIDER APPLICATIONS RECEIVED ON THIS DATE.
FORD
WILL AN INDIVIDUAL WHO HAS COMPLETED HIS SENTENCE FOR A
SELECTIVE SERVICE VIOLATION OR DESERTION BE ELIGIBLE FOR
A PARDON UNDER THE PROGRAM?
YES, PROVIDED THE OFENSE WAS COMMITTED BETWEEN AUGUST 4, 1964,
AND MARCH 28, 1973, INCLUSIVE.
WILL AN INDIVIDUAL WHO HAS COMPLETED HIS SENTENCE FOR A SELECTIVE
SERVICE VIOLATION OR AN ABSENTEE BE ELIGIBLE FOR A PARDON UNDER
THE PROGRAM?
YES, PROVIDED THE OFFENSE WAS COMMITTED BEWTEEN AUGUST 4, 1964,
AND MARCH 28, 1973, INCLUSIVE.
FORD JBRANT
WHAT RECOMMENDATIONS CAN THE BOARD MAKE TO THE PRESIDENT?
CIVILIAN:
1. FULL PARDON.
2. PARDON CONDITIONED ON COMPLETION OF ALTERNATIVE SERVICE.
3. COMMUTATION OF SENTENCE WITHOUT PARDON.
4. NO CLEMENCY.
CAN THE PRESIDENT CONDITION THE PARDON?
YES. THE POWER TO PARDON EMBRACES ALL "OFFENSES AGAINST THE
UNITED STATES," EXCEPT CASES OF IMPEACHMENT. IT CLUDES THE
POWER TO REMIT FINES, PENALTIES, AND FORFEITURES, 5/ AND THE
POWER TO PARDON ABSOLUTELY OR CONDITIONALLY: AND INCLUDES THE
POWER TO COMMUTE SENTENCES WITHOUT THE RECIPIENT'S CONSENT. 6/
THE POWER ALSO INCLUDES THE RIGHT TO PROCLAIM AMNESTY TO A
SPECIFIED CLASS OF INDIVIDUALS.
FORD is LIBRARY
US V. KLEiN
KAVALIN V. whiTe
44F2 49
80 US 128
"Condition that recipient
will NoT Leave the STATe"
conditional PARDON , schuled
IN Pown to parson.
US V. WILSON
n PARDon mar he 0 ABSOLUTE
32 US 150
or Conditional
MAY A MILITARY APPLICANT WHOSE CASE IS BEING CONSIDERED BY
EITHER THE PRESIDENTIAL CLEMENCY BOARD OR DEPARTMENT OF DEFENSE
APPLY SIMULTANEOUSLY TO HIS BRANCH OF THE SERVICE TO HAVE HIS
DISCHARGE UPGRADED?
LEGALLY, THE ANSWER IS YES. IN ALL PROBABILITY, HOWEVER, THE
DISCHARGE REVIEW BOARD WOULD DO NOTHING UNTIL AFTER THE DEPART-
MENT OF DEFENSE OR THE PRESIDENT DECIDED THE CASE.
THE REFERRAL LIST THAT EACH PCB ATTORNEY HAS IS AS FOLLOWS:
Commanding Officer
FORD
U.S. Army Adm. Center
The Adjutant General's Office
GERALD
St. Louis, Missouri 63132
Army Discharge Review Board*
Room 1E 479, The Pentagon
Washington, D. C. 20310
OX5-4682 Statute of Limitations: 15 years from date of discharge
Army Board for Corrections of Military Records
Room 1E 512, The Pentagon
Washington, D. C. 20310
OX7-4254
Statute of Limitations: 3 years within discovery
of error or injustice--exceptions allowed with
justification
Air Force Discharge Review Board**
Commonwealth Building
1300 Wilson Boulevard, Room 903
Arlington, Virginia 22209
OX5-5249 Statute of Limitations: 15 years from date of discharge
Air Force Board for the Correction
of Military Records
Room 5C 860, The Pentagon
Washington, D. C. 20330
OX5-2359 Statute of Limitations: 3 years within discovery of
error or injustice--exceptions allowed with justification
Navy Discharge Review Board***
Navy Department, Arlington Annex
Room G711
Washington, D.C. 20370
OX4-1648 Statute of Limitations: 15 years from date of discharge
Coast Guard
Boards of Review of Discharges & Dismissals
Coast Guard Headquarters
Washington, D. C. 20590
426-1317 Statute of Limitations: 15 years from date of discharge
(see next page)
(Referrals - Continued)
*Applicants should apply to the Army Discharge Review Board first.
If the applicant wants to appeal their decision, he can take his
case to the Army Board for Corrections. After 15 years, all cases
should go directly to the Army Board of Corrections.
**Any type of administrative, non-punitive (no court martials in-
volved) discharges go to the AF Discharge Review Board. Their
decision may be appealed to the AF Corrections Board. Any type
of Bad Conduct or Dishonorable Discharge by court martial goes
only to the Corrections Board. Any appeal over 15 years from
date of discharge also goes directly to the Corrections Board.
***This address also applies to Marines.
FORD
WILL A PARDON RESTORE A PERSON'S CIVIL RIGHTS?
A PARDON WILL RESTORE ALL FEDERAL CIVIL RIGHTS,
INCLUDING THE RIGHT TO VOTE. IT WILL PROBABLY
RESTORE MOST IF NOT ALL STATE CIVIL RIGHTS AND WILL
BE OF GREAT VALUE IN FINDING EMPLOYMENT AND OB-
TAINING VARIOUS STATE LICENSES.
GERALD FORD
WHAT IS THE EFFECT OF A PARDON?
IT DOES NOT MAKE AMENDS FOR THE PAST. IT IS AN ACT OF GRACE
WHICH RESTORES TO A MAN THOSE FULL RIGHTS OF CITIZENSHIP LOST AS
A RESULT OF CONVICTION. THE MOST RECENT SUPREME COURT DECISION
HELD THAT THE PARDON POWER " DOES NOT CONFER UPON THE PRESIDENT,
POWER TO WIPE OUT GUILT
IT
IS AN ACT OF GRACE WHICH DOES NOT
OBLITERATE THE FINDING OF GUILT.
DOES A PARDON SET ASIDE A CONVICTION OR EXPUNGE A RECORD?
NO. WE FIND NO LEGAL AUTHORITY THAT A PARDON EXPUNGES A RECORD
OR SETS ASIDE THE CONVICTION. IN SOME INSTANCES, A PARDON MAY BE
LESS DESIRABLE THAN OTHER REMEDIES PROVIDED BY LAW. FOR EXAMPLE,
IF AN APPLICANT WAS SENTENCED FOR A DRAFT VIOLATION UNDER THE
YOUTH CORRECTION ACT, HE COULD HAVE HIS RECORD EXPUNGED WHEN HE
COMPLETES HIS SENTENCE. THAT WOULD NOT BE THE CASE IF HE SEEKS
CLEMENCY. A PARDON WILL NOT EXPUNGE HIS RECORD.
FORD
WHEN IS A PARDON GRANTED?
IF THE PRESIDENT APPROVES A RECOMMENDATION FOR A PARDON, HE
SIGNS A MASTER WARRANT AND SENDS IT TO THE ATTORNEY GENERAL
FOR EXECUTION. THE PARDON IS NOT GRANTED UNTIL ALL CONDITIONS
ARE FULFILLED, SUCH AS ALTERNATIVE SERVICE.
MUST A PARDON BE ACCEPTED?
A PARDON MAY BE REJECTED BY THE PERSON TO WHOM IT IS TENDERED.
A PARDON IS A DEED - A DELIVERY OF WHICH IS ESSENTIAL. IF DE-
LIVERY IS NOT COMPLETE, THERE IS NO ACCEPTANCE.
FORD
WHAT FACTORS DO THE BOARD CONSIDER IN DECIDING A CASE?
CIVILIAN:
AGGRAVATING CIRCUMSTANCES
1. Prior criminal convictions.
2. False statement to the Presidential Clemency Board by applicant.
3. Use of force by applicant collaterally to AWOL, desertion, or
missing movement.
4. Desertion during combat.
5. Evidence that applicant committed offense for obviously manipu-
lative and selfish reasons.
6. Prior refusal to fulfill alternative service.
7. Violation of Probation or Parole.
8. Multiple AWOL/UA Offenses.
9. Length of AWOL/UA.
MITIGATING CIRCUMSTANCES
1. Lack of sufficient education or ability to understand obligations
under the law.
2. Personal and family circumstances either at the time of offense
or afterwards.
3. Mental or physical condition.
4. Employment and other activities of service to the public since
conviction or military discharge.
5. Service-connected disability, wounds in combat, or decorations
for valor in combat.
FORD
6. Period of creditable military service.
7. Tours of service in the war zone.
8. Substantial evidence of personal or procedural unfairness.
9. Denial of conscientious objector status on procedural, technical
or improper grounds.
10. Evidence that an applicant acted for conscientious, not for
manipulative or selfish, reasons.
(see next page)
MITIGATING CIRCUMSTANCES (CONTINUED)
11. Voluntarily submitted himself to authorities.
12. Behavior which reflects mental stress caused by combat.
HOW CAN YOU TELL IF SOMEONE IS A CONSCIENCIOUS OBJECTOR?
WE REVIEW THE FILES. THE APPLICANT'S BACKGROUND AND ANY OTHER
DATA HE MAY CARE TO SUBMIT, INCLUDING STATEMENTS FROM PEOPLE
WHO KNOW THE APPLICANT. WHAT WE LOOK FOR IS EVIDENCE OF SINCERITY.
GERATE & FORD
DUE PROCESS QUESTIONS:
HAS ANY EFFORT BEEN MADE TO INSURE THE APPLICANT DUE PROCESS
OF LAW?
THE RULES AND REGULATIONS OF THE CLEMENCY BOARD ARE PUBLISHED
IN THE FEDERAL REGISTER. THE PROCEDURES AND STANDARDS PUBLISHED
THERE AND IMPLEMENTED BY THE BOARD ARE EMINENTLY FAIR AND DE-
SIGNED TO GIVE TO EACH AND EVERY APPLICANT AS MUCH DUE PROCESS
OF LAW AS POSSIBLE UNDER THE CIRCUMSTANCES.
HOW CAN AN APPLICANT GET THE FACTS OF HIS CASE BEFORE THE BOARD,
OR AT LEAST BE ENSURED THAT THEY ARE THE RIGHT FACTS?
WILL APPLICANTS HAVE AN OPPORTUNITY TO REVIEW THEIR FILES?
ALL INFORMATION CONCERNING THE APPLICANT WHICH IS SOUGHT BY THE
BOARD FROM GOVERNMENTAL SOURCES WILL BE OPEN FOR INSPECTION BY THE
APPLICANT OR HIS REPRESENTATIVE.
ALSO
FORD
THE RECORDS AND FILES OF THE APPLICANT WILL BE SUMMARIZED BY A
STAFF ATTORNEY AND SENT TO THE APPLICANT FOR AMENDMENT AND
CORRECTIONS.
DO YOU SUGGEST TO APPLICANTS THAT THEY CONSULT WITH AN
ATTORNEY?
YES, APPLICANTS ARE CURRENTLY BEING REFERRED TO:
Clemency Information Center
1100 West 42nd Street
Indianapolis, Indiana 46208
317/635-8259 (accepts all collect calls)
For California and neighboring states:
Los Angeles County Bar Association Clemency Committee
606 S. Olive
Los Angeles, California 90014
213/624-8571
Or their local Public Defender Service or Legal
Aid Society
FORD
WHAT STANDARDS DO YOU FOLLOW IN DETERMINING ELIGIBILITY
AS A CONSCIENTIOUS OBJECTOR?
THE LAWS HAVE CHANGED OVER THE YEARS. WE USE THE MOST
RECENT BROAD LANGUAGE OF THE SUPREME COURT AND APPLY
IT RETROACTIVELY TO ALL CASES.
Note:
The most recent is WELSH V U.S. 398 U.S. 333 (1970).
Exempts those who oppose all war for ethical, moral,
and religious reasons.
CAN APPLICANT APPEAL FROM A DECISION OF THE BOARD?
YES. THE APPLICANT HAS THIRTY DAYS FROM THE DATE OF
MAILING HIS NOTIFICATION OF WHAT ACTION THE BOARD HAS
TAKEN.
FORD
X
WILL THE CONFIDENTIALITY OF ALL COMMUNICATIONS WITH THE APPLICANT
BE MAINTAINED?
YES. NO PERSONAL INFORMATION CONCERNING AN APPLICANT WILL BE
MADE KNOWN TO ANY ORGANIZATION, GOVERNMENTAL AGENCY, OR PRIVATE
GROUP EXCEPT WHERE THE INFORMATION WILL BE FORWARDED TO THE
APPROPRIATE AUTHORITIES.
IS THE ACCEPTANCE OF A PARDON AN ADMISSION OF GUILT?
YES.
FORD
AN UNCONVICTED DRAFT EVADER CAN RETURN TO THIS
COUNTRY, DO ALTERNATE SERVICE AND BE LEFT WITHOUT
A CRIMINAL RECORD. A CONVICTED EVADER, EVEN THOUGH
HE GETS A PARDON WILL NOT HAVE HIS RECORDS EXPUNGED.
IS THAT FAIR?
NO, IT IS NOT FAIR FROM THE STANDPOINT OF THE CONVICTED
EVADER. BUT IT IS AN INEQUITY THAT WE MUST LIVE WITH.
FORD
IF A DRAFT VIOLATOR WANTED TO PARTICIPATE IN THE
CLEMENCY PROGRAM, WHOM WOULD HE CONTACT?
HE WOULD REPORT TO THE UNITED STATES ATTORNEY
FOR THE DISTRICT IN WHICH HE VIOLATED OR IS ALLEGED
TO HAVE VIOLATED THE SELECTIVE SERVICE ACT.
WHO MAY APPLY FOR THE PROGRAM?
ANY PERSON UNDER INDICTMENT OR INVESTIGATION WHO
PRESENTS HIMSELF TO THE UNITED STATES ATTORNEY
BEFORE JANUARY 31, 1975, AND AGREES TO PERFORM
ALTERNATIVE SERVICE.
FORD
WHAT FACTOR IF ANY, WILL THE US ATTORNEY CONSIDER
IN REDUCING THE PERIOD OF ALTERNATE SERVICE?
(1) WHETHER THE APPLICANT, AT THE TIME HE
COMMITTED THE ACTS ALLEGEDLY CONSTITUTING A VIOLATION
OF SECTION 12 OF THE MILITARY SELECTIVE SERVICE ACT,
WAS ERRONEOUSLY CONVINCED BY HIMSELF OR BY OTHERS
THAT HE WAS NOT VIOLATING THE LAW;
(2) WHETHER THE APPLICANT'S IMMEDIATE FAMILY
IS IN DESPERATE NEED OF HIS PERSONAL PRESENCE FOR
WHICH NO OTHER SUBSTITUTE COULD BE FOUND, AND SUCH
NEED WAS NOT OF HIS OWN CREATION;
(3) WHETHER THE APPLICANT LACKED SUFFICIENT MENTAL
CAPACITY TO APPRECIATE THE GRAVITY OF HIS ACTIONS: AND
(4) SUCH OTHER SIMILAR CIRCUMSTANCES.
FORD
IS THERE AN APPEAL FROM THE AMOUNT OF ALTERNATE
SERVICE GIVEN A RETURNEE BY THE U.S. ATTORNEY?
NO. THE DECISION IS MADE PART OF AN AGREEMENT WHICH
THE RETURNEE CAN ACCEPT OR REJECT.
FORD
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