Ask the Scholar

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    "contentType": "document",
    "title": "Questions and Answers (1)",
    "citationUrl": "https://catalog.archives.gov/id/1506026",
    "collections": [
        "Charles E. Goodell Papers",
        "Presidential Clemency Board Subject Files"
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        "Amnesty"
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    "ocrText": "The original documents are located in Box 9, folder \"Questions and Answers (1)\" 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 Charles Goodell donated to the United\nStates of America his copyrights in all of his unpublished writings in National Archives collections.\nWorks prepared by U.S. Government employees as part of their official duties are in the public\ndomain.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\nQUESTIONS AND ANSWERS\nFORD & CIGRARY GERALD\nHISTORY\nGERALD\nWHAT EARLY AMERICAN PRECEDENCE IS\nTHERE FOR TREATING GENEROUSLY THOSE\nWHO BREAK THE LAW?\nWHAT HAVE OTHER NATIONS DONE WHEN LAR GE SEGMENTS\nOF THEIR POPULATIONS HAVE RESISTED?\nGERALD\nCONFRONTED WITH ACTS OF HOSTILITY AGAINST THE NATION\nINCOMPARABLY MORE SERIOUS THAN THOSE ALLEGED\nAGAINST OUR DESERTERS OR DRAFT EVADERS. FRANCE,\nNORWAY, BELGIUM, THE NETHERLANDS, AND JAPAN ALL\nGRANTED PARTIAL AMNESTY TO THOSE VERY LARGE SEGMENTS\nOF THEIR POPULATIONS WHO HAD ENGAGED IN DISLOYAL\nACTIVITIES. IT IS PERHAPS EVEN MORE RELEVANT TO RECALL\nTHAT THAT GREAT SOLDIER WHO WAS ALSO A GREAT SATESMAN\nAND PATRIOT, GENERAL DE GAULLE, PROCLAIMED A GENERAL\nAMNESTY TO THE OVERWHELMING MAJORITY OF THOSE WHO\nHAD RESISTED - EVEN BY ARMS - HIS POLICY DURING THE\nALGERIAN CRISIS.\nIN ALL THIS WE ARE REMINDED OF WHAT THAT OTHER GREAT\nSOLDIER AND STATEMAN, WINSTON CHURCHILL, SAID, \"THERE\nMUST BE A BLESSED ACT OF OBLIVION.\"\nAMNESTY OR PARDON GRANTED BY PRESIDENT GEORGE WASHINGTON\nIncident: Whiskey Insurrection ending July 17, 1794.\nAction:\nOne year later, July 10, 1795, President George Washington\ngranted a general pardon to all who agreed to obey the law.\nThe insurrection involved several hundred men who attacked\nand burned the home of the regional inspector of the excise\n(tax collector).\nPresident Washington in explaining his actions to Congress\nstated:\n\"For though I shall always think it a sacred\nduty to exercise with firmness and energy\nthe constitutional powers with which I am\nvested, yet my personal feeling is to mingle in\nthe operations of the Government every degree\nof moderation and tenderness which the national\njustice, dignity and safety may permit. \"\nFOR\n:\nGERALD\nAMNESTY OR PARDON GRANTED BY PRESIDENT JOHN ADAMS\nIncident: Pennsylvania Insurrectionists - 1799\nAction:\nIn 1799 a small band of Pennsylvanians (over 100) rebelled\nagainst the laws for the value placed on lands and dwellings,\nFurther, they freed prisoners being held by a U.S. marshal\nand prevented him from performing his duties.\nThe following year, on May 21, 1800, President Adams granted\na full pardon to all who were involved who had not already\nbeen indicted or convicted.\nFORD\nGERALD\nAMNESTY OR PARDON GRANTED BY PRESIDENT THOMAS JEFFERSON\nIncident: Deserters from the Army of the United States\nAction:\nOn October 15, 1807, President Jefferson, by proclamation\ngranted a full pardon to all deserters from the U.S. Army,\nproviding they surrendered themselves within four months\nfrom the signing of the document.\nFORD\n&\nGERALD R.\nRALD\nAMNESTY OR PARDON GRANTED BY PRESIDENT JAMES MADISON\nIncident: Prior to and during War of 1812\nAction:\nPresident Madison signed three proclamations (February 7,\n1812; October 8, 1812; and June 14, 1814) offering full\npardon to deserters providing they surrendered within\nfour months.\nFurther, on February 6, 1815, President Madison offered\namnesty to pirates and smugglers who aided in fighting the\nBritish during the War of 1812. In essence, this was\ndesigned for those pirates and smugglers who had law suits,\nindictments or prosecutions brought against them.\nFOND\n&\nGERALD\nAMNESTY OR PARDON GRANTED BY PRESIDENT ANDREW JACKSON\nIncident: Desertion from U.S. Army\nAction:\nCongress repealed the death penalty for peace-time desertion.\nOn June 12, 1830, President Jackson proclaimed amnesty for\ndeserters with provisions: (1) Those in confinement return\nto duty. (2) Those at large under sentence of death discharged,\nnever again to be enlisted.\nCERALER FORD\nAMNESTY AND PAROLE GRANTED BY PRESIDENT ABRAHAM LINCOLN\nIncident: The Civil War\nAction:\nOn February 14, 1862, at the direction of President Lincoln,\nSecretary of War Stanton ordered the release of political\nprisoners and others held under military custody. The majority\nof these individuals had been detained simply as a result\nof the confusion which occurred at the outbreak of the Civil\nWar.\nFurther, on February 27, a special commission was created\nfor the purpose of determining whether prisoners who wer\nbeing detained should be bound over for civil trial.\nGERALD\nCongress enacted the Confiscation Law on July 17, 1862,\nwhich authorized President Lincoln to extend a pardon or\namnesty to those participating in the initial rebellion.\nHowever, Lincoln, through a series of subsequent proclamations\nwhich he issued, clearly indicated that he didn't consider\nthis Law to be his sole source of authority.\nOn March 10, 1863, Lincoln issued a Presidential Proclamation\nstating that deserters who reported to their regiments\nprior to April 1, 1863, would receive no punishment except\nto forfeit their pay accrued during their desertion.\nOn December 8, 1863, Lincoln, again by proclamation, extended\nfull pardon to all who were implicated in the rebellion\nproviding they took an oath of loyalty to the Union. There\nwere some exceptions.\nBecause of some ambiquity in the December 8 proclamation,\nLincoln issued another proclamation which defined cases\nwhich would be eligible for the benefits outlined in the\noriginal document. (March 24, 1864)\nAn Act of Congress, on March 3, 1865, required that deserters\nforfeit their citizenship and directed Lincoln to issue a\nproclamation which pardoned all deserters who returned to\ntheir posts within 60 days and served a period of time\nequal to their original enlistment. Lincoln issued that\nproclamation on March 11, 1865.\nIn addition, the Department of War on July 3, 1866, offered\nconditional amnesty to deserters who surrendered prior to\nAugust 15, 1866.\nAMNESTY OR PARDON GRANTED BY PRESIDENT ANDREW JOHNSON\nIncident: Civil War\nAction:\nPresident Johnson issued a proclamation of Amnesty and\nReconstruction on May 29, 1865. This act called for full\nGREATO\npardon to all Confederates who took oath of allegiance to\nthe United States. There were exceptions.\nOn January 21, 1869, the first real battle between the\nexecutive and the legislative occurred in regard to\nauthority of the President to grant amnesty and pardons.\nThis conflict resulted in the repeal of Section 13 of the\nConfiscation Act.\nPresident Johnson, unhappy about this, chose in essence to\nignore the action. Through three subsequent proclamations\n(September 7, 1867 - July 4, 1868 - December 5, 1868)\nJohnson first granted conditional amnesty with exceptions\n(certain officers; those indicted for felony or treason)\nfinally culminating in universal and unconditional amnesty\nfor persons of the Confederate States.\nCongress was infuriated. The Senate Judiciary Committee\nissued a report on February 17, 1869, which said in effect\nthat the President had gone beyond his constitutional power.\nThe Judiciary Committee issued a resolution stating that the\nPresident's proclamation \"\nwas not authorized by the\nConstitution or laws. II The Senate did not act upon the\nresolution.\nAlthough, subsequently Congress did become much more involved\nin granting amnesty and pardon, primarily through the impli-\nmentation of the fourteenth amendment.\nHowever, as Pat Buchanan points out \"\nthere was never\na general unconditional amnesty for either draft-dodgers\nor deserters; and indeed, not until 1898 did the Universal\nAmnesty Act remove all disabilities against all former\nConfederates.\n=\nIncidentally, it was the pressures brought on by the Spanish-\nAmerican War which resulted in the Universal Amnesty Bill being\nenacted and not the Civil War.\nAMNESTY OR PARDON GRANTED BY PRESIDENT TEEDY ROOSEVELT\nIncident: Philippine Insurrection\nAction:\nOn July 4, 1902, President Teddy Roosevelt issued a proclamation\ngranting \"complete pardon and amnesty\" for all who took\npart in the rebellion. It was, however, subject to condition --\nthe participants had to take an oath recognizing \"the\nsupreme authority of the United States in the Philippine\nIslands.\"\nFORD\nGERALD\nAMNESTY OR PARDON GRANTED BY PRESIDENT WOODROW WILSON\nIncident: World War I\nAction:\nPresident Wilson declared no general amnesty for deserters.\nThere was, however, two Presidential proclamations which\ngranted particular amnesty to some deserters and draft\nviolaters.\nFORD\nAMNESTY OR PARDON GRANTED BY PRESIDENT CALVIN COOLIDGE\nIncident: World war I\nAction:\nIn 1924, President Coolidge granted amnesty and return of\ncitizenship to about 100 individuals who had deserted since\nthe armistice for World War I was declared.\nIt wasn't until December 23, 1933, that President Roosevelt\ngranted amnesty and citizenship to those individuals who\nwere involved in draft infractions and espionage acts\nresulting from World War I. And it was only granted after\nthey had completed their prison sentence.\nFORD\n&\nCHALD\nAMNESTY OR PARDON GRANTED BY PRESIDENT HARRY S. TRUMAN\nIncident: World War II and Korean War\nAction:\nBased upon recommendations from the Amnesty Board, only\n1,523 individuals who violated the Selective Service Act\nduring World War II were pardoned by President Truman. That\nwas out of a total of 15,805 cases.\nOn December 24, 1950, Truman issued two proclamations\nwhich pardoned ex-convicts with a year or more in the\narmed forces after June 25, 1950, and all those convicted\nbetween August 15, 1945, and June 25, 1950, for desertion\nwho had been court-martialed or dishonorably discharged or both.\nFORD\n&\nGERALD\nAMNESTY OR PARDON GRANTED BY PRESIDENT DWIGHT D. EISENHOWER\nIncident: Korean War\nAction:\nThere is no record of Presidential amnesty for draft evasion\nor deserters after the Korean War.\nGERALD\nAMNESTY\nWHAT IS AMNESTY?\nTHE WORD ITSELF IS GREEK - AMNESTIA - MEANS\nFORGETFULNESS, OBLIVION, THE ERASING FROM\nMEMORY.\nTHERE IS THE HIGHEST JUDICIAL SANCTION FOR THIS\nDEFINITION: \"AMNESTY IS THE ABOLITION AND FORGET-\nFULNESS OF THE OFFENSE: PARDON IS FORGIVENESS, 11\nSAID THE SUPREME COURT, KNOTE V. U.S., 95 U.S. 149.\nAMNESTY IS A DISCRETIONARY ACT BY A SOVEREIGN TO\nDECIDE THAT A CLASS OF OFFENDERS WILL BE IGNORED.\nAMNESTIES USUALLY APPLY TO POLITICAL OFFENDERS OR\nALLEGED POLITICAL OFFENDERS AFTER THE SITUATION\nTHAT PROVOKED THEIR ACTS HAS CHANGED. THE PUR-\nPOSE OF AN AMNESTY IS TO MAKE POSSIBLE THE LARGER\nGOALS OF A SOCIETY AS IT LOOKS FORWARD TO A FUTURE\nWITHOUT RECRIMINATIONS.\nGERALD FORD LIBRARY\nWHAT IS THE DIFFERENCE BETWEEN AMNESTY AND\nPARDON?\nA PARDON GENERALLY APPLIES TO A SINGLE OFFENDER\nWHO HAS ALREADY BEEN JUDGED GUILTY. IT IMPLIES\nFORGIVENESS RATHER THAN FORGETTING. ALONG WITH\nCLEMENCY, THE ACT OF PARDON PRESUPPOSES THAT\nNO FURTHER PURPOSE WOULD BE SERVED BY CONTINUING\nPUNISHMENT ALREADY STARTED OR COMPLETED.\nAMNESTY DOES NOT CONSIDER GUILT OR INNOCENCE, BUT\nON BEHALF OF SOCIETY, THE GOVERNMENT CLEARS THE\nRECORD FOR AN ENTIRE GROUP OF PEOPLE. IT IS IN THE\nEYES OF THE LAW AS IF THE ALLEGED OFFENSE HAD\nNEVER HAPPENED.\nFORD\nWHAT DOES AMNESTY MEAN IN TERMS OF LEGAL AND\nPOLITICAL RIGHTS?\nAMNESTY NORMALLY INVOLVES THE TOTAL RESTORATION\nOF ALL LEGAL AND POLITICAL RIGHTS AND THE CLEARING\nOF ANY CRIMINAL RECORD THAT THE INDIVIDUAL MIGHT HAVE\nFOR THE ACTS AMNESTIED. THESE WHO HAVE BEEN CON-\nVICTED WOULD HAVE THEIR RECORDS EXPUNGED, THOSE IN\nPRISON WOULD BE RELEASED, THOSE WHO FACE POSSIBLE\nPROSECUTION WOULD BE IMMUNE FROM THAT PROSECUTION.\nPERSONS NOW UNABLE TO RETURN TO THE UNITED STATES\nCOULD THEN RETURN, THOSE WHO CANNOT VOTE, HOLD\nPUBLIC OFFICE, OR EVEN OBTAIN PROFESSIONAL LICENSES\nIN MOST STATES, WOULD HAVE RESTORATION OF THEIR CIVIL\nAND POLITICAL RIGHTS.\nFORD\nGERALD\nWHO HAS THE AUTHORITY TO GRANT AN AMNESTY?\nTHE CONSTITUTION GIVES THE EXECUTIVE THE \"POWER TO\nGRANT REPRIEVES AND PARDONS FOR OFFENSES AGAINST\nTHE UNITED STATES. 11 IT HAS BEEN HELD BY THE\nSUPREME COURT THAT THIS POWER ALSO INCLUDES AMNES-\nTIES. (U.S. V. KLEIN 1872).\nIN THE HISTORY OF THE UNITED STATES, AMNESTIES HAVE\nBEEN GRANTED BY THE PRESIDENT ALONE, BY THE\nPRESIDENT WITH THE AUTHORIZATION OF CONGRESS, AND\nBY CONGRESS ALONE.\nGERALD\nIS THERE A TIME LIMIT FOR AMNESTY?\nTHERE IS NO TIME LIMIT TO AMNESTIES. PRESIDENT MC KINLEY\nDECLARED THE LAST OF THE AMNESTIES FOR THE CONFEDER-\nACY, AND PRESIDENT FRANKLIN ROOSEVELT COMPLETED THE\nAMNESTIES FOR WORLD WAR I. THE LONGER AN AMNESTY IS\nDELAYED, HOWEVER, THE LESS RELEVANT IT WILL BE.\nFORD & LIBRARY\nWHAT IS THE RATIONALE BEHIND THE CLEMENCY PROGRAM?\nTHE PROGRAM IS BASED ON THE BELIEF THAT EACH CITIZEN HAS\nA DUTY OF SERVICE TO HIS COUNTRY AND THAT THIS DUTY HAS\nNOT BEEN MET BY THOSE WHO EVADED THE DRAFT OR DESERTED\nFROM THE MILITARY. ALTHOUGH MANY OF THESE PEOPLE ACTED\nAS A MATTER OF CONSCIENCE, THE FACT REMAINS, HOWEVER,\nTHAT IN ALL BUT A FEW CASES THEIR DUTY TO SERVE THEIR\nCOUNTRY STILL REMAINS.\nTHE PRESIDENT, IN FURTHERANCE OF OUR NATIONAL COMMITMENT\nTO JUSTICE AND MERCY, AND IN THE SPIRIT OF RECONCILIATION\nHAS INSTITUTED THE CLEMENCY PROGRAM WHEREBY RESISTERS\nMAY BE RELIEVED OF PROSECUTION AND PUNISHMENT. INSTEAD\nOF PUNISHMENT, DRAFT VADERS AND MILITARY ABSENTEES\nARE GIVEN THE OPPORTUNITY TO FULFILL THEIR OBLIGATIONS\nBY DOING ALTERNATIVE SERVICE. IT IS ESSENTIAL TO REMEMBER\nTHAT ALTERNATIVE SERVICE IS THE FULFILLMENT OF AN\nOBLIGATION -- NOT A PUNISHMENT, AND THAT INDIVIDUALS ARE\nBEING ASKED TO PROMOTE THE NATIONAL HEALTH, SAFETY, OR\nINTEREST -- NOT FIGHT A WAR.\nWHAT CASES WILL BE CONSIDERED BY THE PRESIDENTIAL CLEMENCY\nBOARD?\nTHE PCB WILL CONSIDER THE CASES OF PERSONS WHO:\n1. HAVE BEEN CONVICTED OF VIOLATING SECTION 12 OR 6 (j) OF\nMILITARY SELECTIVE SERVICE ACT, OR ANY RULE OR REGULATION\nPROMULGATED PURSUANT TO THOSE SECTIONS.\n2. HAVE RECEIVED PUNITIVE OR UNDESIRABLE DISCHARGES FOR\nVIOLATIONS OF ARTICLES 85, 86, or 87 OF THE UNIFORM CODE OF\nMILITARY JUSTICE, OR, AS OF SEPTEMBER 16, 1974, WERE\nCONFINED FOR SUCH VIOLATIONS.\nTHE CLEMENCY PROGRAM IS MEANT FOR VIETNAM-ERA OFFENSES, HOW\nIS \"VIETNAM-ERA\" DEFINED?\nTHE PROGRAM COVERS ONLY CERTAIN OFFENSES THAT WERE COMMITTED\nOR COMMENCED BETWEEN AUGUST 4, 1964, AND MARCH 28, 1973, IN-\nCLUSIVE. \"COMMENCED\" IS IMPORTANT TO REMEMBER--IF A MAN\nDESERTED ON MARCH 28, 1973, HIS CASE COULD STILL BE CONSIDERED\nBY THE PRESIDENTIAL CLEMENCY BOARD.\nWHEN IS THE DEADLINE FOR APPLICATIONS?\nTHE CORRECT ANSWER IS PRIOR TO JANUARY 31, 1975. THE RIGHT\nANSWER IS, HOWEVER, PROBABLY BY JANUARY 31, 1975. THE NEWS\nMEDIA AND EVEN SOME OF THE PCB STAFF CONTINUE TO SAY \"BY\"\nINSTEAD OF \"PRIOR TO.\" THE PCB IS CERTAINLY NOT LEGALLY\nESTOPPED FROM REFUSING TO CONSIDER APPLICATIONS RECEIVED ON\nJANUARY 31, 1975, BUT EQUITY SEEMS TO DEMAND THAT THE PCB\nCONSIDER APPLICATIONS RECEIVED ON THIS DATE.\nFORD\nWILL AN INDIVIDUAL WHO HAS COMPLETED HIS SENTENCE FOR A\nSELECTIVE SERVICE VIOLATION OR DESERTION BE ELIGIBLE FOR\nA PARDON UNDER THE PROGRAM?\nYES, PROVIDED THE OFENSE WAS COMMITTED BETWEEN AUGUST 4, 1964,\nAND MARCH 28, 1973, INCLUSIVE.\nWILL AN INDIVIDUAL WHO HAS COMPLETED HIS SENTENCE FOR A SELECTIVE\nSERVICE VIOLATION OR AN ABSENTEE BE ELIGIBLE FOR A PARDON UNDER\nTHE PROGRAM?\nYES, PROVIDED THE OFFENSE WAS COMMITTED BEWTEEN AUGUST 4, 1964,\nAND MARCH 28, 1973, INCLUSIVE.\nFORD JBRANT\nWHAT RECOMMENDATIONS CAN THE BOARD MAKE TO THE PRESIDENT?\nCIVILIAN:\n1. FULL PARDON.\n2. PARDON CONDITIONED ON COMPLETION OF ALTERNATIVE SERVICE.\n3. COMMUTATION OF SENTENCE WITHOUT PARDON.\n4. NO CLEMENCY.\nCAN THE PRESIDENT CONDITION THE PARDON?\nYES. THE POWER TO PARDON EMBRACES ALL \"OFFENSES AGAINST THE\nUNITED STATES,\" EXCEPT CASES OF IMPEACHMENT. IT CLUDES THE\nPOWER TO REMIT FINES, PENALTIES, AND FORFEITURES, 5/ AND THE\nPOWER TO PARDON ABSOLUTELY OR CONDITIONALLY: AND INCLUDES THE\nPOWER TO COMMUTE SENTENCES WITHOUT THE RECIPIENT'S CONSENT. 6/\nTHE POWER ALSO INCLUDES THE RIGHT TO PROCLAIM AMNESTY TO A\nSPECIFIED CLASS OF INDIVIDUALS.\nFORD is LIBRARY\nUS V. KLEiN\nKAVALIN V. whiTe\n44F2 49\n80 US 128\n\"Condition that recipient\nwill NoT Leave the STATe\"\nconditional PARDON , schuled\nIN Pown to parson.\nUS V. WILSON\nn PARDon mar he 0 ABSOLUTE\n32 US 150\nor Conditional\nMAY A MILITARY APPLICANT WHOSE CASE IS BEING CONSIDERED BY\nEITHER THE PRESIDENTIAL CLEMENCY BOARD OR DEPARTMENT OF DEFENSE\nAPPLY SIMULTANEOUSLY TO HIS BRANCH OF THE SERVICE TO HAVE HIS\nDISCHARGE UPGRADED?\nLEGALLY, THE ANSWER IS YES. IN ALL PROBABILITY, HOWEVER, THE\nDISCHARGE REVIEW BOARD WOULD DO NOTHING UNTIL AFTER THE DEPART-\nMENT OF DEFENSE OR THE PRESIDENT DECIDED THE CASE.\nTHE REFERRAL LIST THAT EACH PCB ATTORNEY HAS IS AS FOLLOWS:\nCommanding Officer\nFORD\nU.S. Army Adm. Center\nThe Adjutant General's Office\nGERALD\nSt. Louis, Missouri 63132\nArmy Discharge Review Board*\nRoom 1E 479, The Pentagon\nWashington, D. C. 20310\nOX5-4682 Statute of Limitations: 15 years from date of discharge\nArmy Board for Corrections of Military Records\nRoom 1E 512, The Pentagon\nWashington, D. C. 20310\nOX7-4254\nStatute of Limitations: 3 years within discovery\nof error or injustice--exceptions allowed with\njustification\nAir Force Discharge Review Board**\nCommonwealth Building\n1300 Wilson Boulevard, Room 903\nArlington, Virginia 22209\nOX5-5249 Statute of Limitations: 15 years from date of discharge\nAir Force Board for the Correction\nof Military Records\nRoom 5C 860, The Pentagon\nWashington, D. C. 20330\nOX5-2359 Statute of Limitations: 3 years within discovery of\nerror or injustice--exceptions allowed with justification\nNavy Discharge Review Board***\nNavy Department, Arlington Annex\nRoom G711\nWashington, D.C. 20370\nOX4-1648 Statute of Limitations: 15 years from date of discharge\nCoast Guard\nBoards of Review of Discharges & Dismissals\nCoast Guard Headquarters\nWashington, D. C. 20590\n426-1317 Statute of Limitations: 15 years from date of discharge\n(see next page)\n(Referrals - Continued)\n*Applicants should apply to the Army Discharge Review Board first.\nIf the applicant wants to appeal their decision, he can take his\ncase to the Army Board for Corrections. After 15 years, all cases\nshould go directly to the Army Board of Corrections.\n**Any type of administrative, non-punitive (no court martials in-\nvolved) discharges go to the AF Discharge Review Board. Their\ndecision may be appealed to the AF Corrections Board. Any type\nof Bad Conduct or Dishonorable Discharge by court martial goes\nonly to the Corrections Board. Any appeal over 15 years from\ndate of discharge also goes directly to the Corrections Board.\n***This address also applies to Marines.\nFORD\nWILL A PARDON RESTORE A PERSON'S CIVIL RIGHTS?\nA PARDON WILL RESTORE ALL FEDERAL CIVIL RIGHTS,\nINCLUDING THE RIGHT TO VOTE. IT WILL PROBABLY\nRESTORE MOST IF NOT ALL STATE CIVIL RIGHTS AND WILL\nBE OF GREAT VALUE IN FINDING EMPLOYMENT AND OB-\nTAINING VARIOUS STATE LICENSES.\nGERALD FORD\nWHAT IS THE EFFECT OF A PARDON?\nIT DOES NOT MAKE AMENDS FOR THE PAST. IT IS AN ACT OF GRACE\nWHICH RESTORES TO A MAN THOSE FULL RIGHTS OF CITIZENSHIP LOST AS\nA RESULT OF CONVICTION. THE MOST RECENT SUPREME COURT DECISION\nHELD THAT THE PARDON POWER \" DOES NOT CONFER UPON THE PRESIDENT,\nPOWER TO WIPE OUT GUILT\nIT\nIS AN ACT OF GRACE WHICH DOES NOT\nOBLITERATE THE FINDING OF GUILT.\nDOES A PARDON SET ASIDE A CONVICTION OR EXPUNGE A RECORD?\nNO. WE FIND NO LEGAL AUTHORITY THAT A PARDON EXPUNGES A RECORD\nOR SETS ASIDE THE CONVICTION. IN SOME INSTANCES, A PARDON MAY BE\nLESS DESIRABLE THAN OTHER REMEDIES PROVIDED BY LAW. FOR EXAMPLE,\nIF AN APPLICANT WAS SENTENCED FOR A DRAFT VIOLATION UNDER THE\nYOUTH CORRECTION ACT, HE COULD HAVE HIS RECORD EXPUNGED WHEN HE\nCOMPLETES HIS SENTENCE. THAT WOULD NOT BE THE CASE IF HE SEEKS\nCLEMENCY. A PARDON WILL NOT EXPUNGE HIS RECORD.\nFORD\nWHEN IS A PARDON GRANTED?\nIF THE PRESIDENT APPROVES A RECOMMENDATION FOR A PARDON, HE\nSIGNS A MASTER WARRANT AND SENDS IT TO THE ATTORNEY GENERAL\nFOR EXECUTION. THE PARDON IS NOT GRANTED UNTIL ALL CONDITIONS\nARE FULFILLED, SUCH AS ALTERNATIVE SERVICE.\nMUST A PARDON BE ACCEPTED?\nA PARDON MAY BE REJECTED BY THE PERSON TO WHOM IT IS TENDERED.\nA PARDON IS A DEED - A DELIVERY OF WHICH IS ESSENTIAL. IF DE-\nLIVERY IS NOT COMPLETE, THERE IS NO ACCEPTANCE.\nFORD\nWHAT FACTORS DO THE BOARD CONSIDER IN DECIDING A CASE?\nCIVILIAN:\nAGGRAVATING CIRCUMSTANCES\n1. Prior criminal convictions.\n2. False statement to the Presidential Clemency Board by applicant.\n3. Use of force by applicant collaterally to AWOL, desertion, or\nmissing movement.\n4. Desertion during combat.\n5. Evidence that applicant committed offense for obviously manipu-\nlative and selfish reasons.\n6. Prior refusal to fulfill alternative service.\n7. Violation of Probation or Parole.\n8. Multiple AWOL/UA Offenses.\n9. Length of AWOL/UA.\nMITIGATING CIRCUMSTANCES\n1. Lack of sufficient education or ability to understand obligations\nunder the law.\n2. Personal and family circumstances either at the time of offense\nor afterwards.\n3. Mental or physical condition.\n4. Employment and other activities of service to the public since\nconviction or military discharge.\n5. Service-connected disability, wounds in combat, or decorations\nfor valor in combat.\nFORD\n6. Period of creditable military service.\n7. Tours of service in the war zone.\n8. Substantial evidence of personal or procedural unfairness.\n9. Denial of conscientious objector status on procedural, technical\nor improper grounds.\n10. Evidence that an applicant acted for conscientious, not for\nmanipulative or selfish, reasons.\n(see next page)\nMITIGATING CIRCUMSTANCES (CONTINUED)\n11. Voluntarily submitted himself to authorities.\n12. Behavior which reflects mental stress caused by combat.\nHOW CAN YOU TELL IF SOMEONE IS A CONSCIENCIOUS OBJECTOR?\nWE REVIEW THE FILES. THE APPLICANT'S BACKGROUND AND ANY OTHER\nDATA HE MAY CARE TO SUBMIT, INCLUDING STATEMENTS FROM PEOPLE\nWHO KNOW THE APPLICANT. WHAT WE LOOK FOR IS EVIDENCE OF SINCERITY.\nGERATE & FORD\nDUE PROCESS QUESTIONS:\nHAS ANY EFFORT BEEN MADE TO INSURE THE APPLICANT DUE PROCESS\nOF LAW?\nTHE RULES AND REGULATIONS OF THE CLEMENCY BOARD ARE PUBLISHED\nIN THE FEDERAL REGISTER. THE PROCEDURES AND STANDARDS PUBLISHED\nTHERE AND IMPLEMENTED BY THE BOARD ARE EMINENTLY FAIR AND DE-\nSIGNED TO GIVE TO EACH AND EVERY APPLICANT AS MUCH DUE PROCESS\nOF LAW AS POSSIBLE UNDER THE CIRCUMSTANCES.\nHOW CAN AN APPLICANT GET THE FACTS OF HIS CASE BEFORE THE BOARD,\nOR AT LEAST BE ENSURED THAT THEY ARE THE RIGHT FACTS?\nWILL APPLICANTS HAVE AN OPPORTUNITY TO REVIEW THEIR FILES?\nALL INFORMATION CONCERNING THE APPLICANT WHICH IS SOUGHT BY THE\nBOARD FROM GOVERNMENTAL SOURCES WILL BE OPEN FOR INSPECTION BY THE\nAPPLICANT OR HIS REPRESENTATIVE.\nALSO\nFORD\nTHE RECORDS AND FILES OF THE APPLICANT WILL BE SUMMARIZED BY A\nSTAFF ATTORNEY AND SENT TO THE APPLICANT FOR AMENDMENT AND\nCORRECTIONS.\nDO YOU SUGGEST TO APPLICANTS THAT THEY CONSULT WITH AN\nATTORNEY?\nYES, APPLICANTS ARE CURRENTLY BEING REFERRED TO:\nClemency Information Center\n1100 West 42nd Street\nIndianapolis, Indiana 46208\n317/635-8259 (accepts all collect calls)\nFor California and neighboring states:\nLos Angeles County Bar Association Clemency Committee\n606 S. Olive\nLos Angeles, California 90014\n213/624-8571\nOr their local Public Defender Service or Legal\nAid Society\nFORD\nWHAT STANDARDS DO YOU FOLLOW IN DETERMINING ELIGIBILITY\nAS A CONSCIENTIOUS OBJECTOR?\nTHE LAWS HAVE CHANGED OVER THE YEARS. WE USE THE MOST\nRECENT BROAD LANGUAGE OF THE SUPREME COURT AND APPLY\nIT RETROACTIVELY TO ALL CASES.\nNote:\nThe most recent is WELSH V U.S. 398 U.S. 333 (1970).\nExempts those who oppose all war for ethical, moral,\nand religious reasons.\nCAN APPLICANT APPEAL FROM A DECISION OF THE BOARD?\nYES. THE APPLICANT HAS THIRTY DAYS FROM THE DATE OF\nMAILING HIS NOTIFICATION OF WHAT ACTION THE BOARD HAS\nTAKEN.\nFORD\nX\nWILL THE CONFIDENTIALITY OF ALL COMMUNICATIONS WITH THE APPLICANT\nBE MAINTAINED?\nYES. NO PERSONAL INFORMATION CONCERNING AN APPLICANT WILL BE\nMADE KNOWN TO ANY ORGANIZATION, GOVERNMENTAL AGENCY, OR PRIVATE\nGROUP EXCEPT WHERE THE INFORMATION WILL BE FORWARDED TO THE\nAPPROPRIATE AUTHORITIES.\nIS THE ACCEPTANCE OF A PARDON AN ADMISSION OF GUILT?\nYES.\nFORD\nAN UNCONVICTED DRAFT EVADER CAN RETURN TO THIS\nCOUNTRY, DO ALTERNATE SERVICE AND BE LEFT WITHOUT\nA CRIMINAL RECORD. A CONVICTED EVADER, EVEN THOUGH\nHE GETS A PARDON WILL NOT HAVE HIS RECORDS EXPUNGED.\nIS THAT FAIR?\nNO, IT IS NOT FAIR FROM THE STANDPOINT OF THE CONVICTED\nEVADER. BUT IT IS AN INEQUITY THAT WE MUST LIVE WITH.\nFORD\nIF A DRAFT VIOLATOR WANTED TO PARTICIPATE IN THE\nCLEMENCY PROGRAM, WHOM WOULD HE CONTACT?\nHE WOULD REPORT TO THE UNITED STATES ATTORNEY\nFOR THE DISTRICT IN WHICH HE VIOLATED OR IS ALLEGED\nTO HAVE VIOLATED THE SELECTIVE SERVICE ACT.\nWHO MAY APPLY FOR THE PROGRAM?\nANY PERSON UNDER INDICTMENT OR INVESTIGATION WHO\nPRESENTS HIMSELF TO THE UNITED STATES ATTORNEY\nBEFORE JANUARY 31, 1975, AND AGREES TO PERFORM\nALTERNATIVE SERVICE.\nFORD\nWHAT FACTOR IF ANY, WILL THE US ATTORNEY CONSIDER\nIN REDUCING THE PERIOD OF ALTERNATE SERVICE?\n(1) WHETHER THE APPLICANT, AT THE TIME HE\nCOMMITTED THE ACTS ALLEGEDLY CONSTITUTING A VIOLATION\nOF SECTION 12 OF THE MILITARY SELECTIVE SERVICE ACT,\nWAS ERRONEOUSLY CONVINCED BY HIMSELF OR BY OTHERS\nTHAT HE WAS NOT VIOLATING THE LAW;\n(2) WHETHER THE APPLICANT'S IMMEDIATE FAMILY\nIS IN DESPERATE NEED OF HIS PERSONAL PRESENCE FOR\nWHICH NO OTHER SUBSTITUTE COULD BE FOUND, AND SUCH\nNEED WAS NOT OF HIS OWN CREATION;\n(3) WHETHER THE APPLICANT LACKED SUFFICIENT MENTAL\nCAPACITY TO APPRECIATE THE GRAVITY OF HIS ACTIONS: AND\n(4) SUCH OTHER SIMILAR CIRCUMSTANCES.\nFORD\nIS THERE AN APPEAL FROM THE AMOUNT OF ALTERNATE\nSERVICE GIVEN A RETURNEE BY THE U.S. ATTORNEY?\nNO. THE DECISION IS MADE PART OF AN AGREEMENT WHICH\nTHE RETURNEE CAN ACCEPT OR REJECT.\nFORD\nLIBRARY"
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