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18558770
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Correspondence (8)
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18558770
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Correspondence (8)
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Charles E. Goodell Papers
Presidential Clemency Board Subject Files
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The original documents are located in Box 3, folder "Correspondence (8)" 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 Charles Goodell donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections.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 3 of the Charles E. Goodell Papers at the Gerald R. Ford Presidential Library November 8, 1976 Mr. Ronald A. Taylor 51 West 81st Street New York, New York 10024 Dear Mr. Taylor: In going through his Clemency Board files, Mr. Goodell came across your letter of March 5, 1975. He recalls having autographed a book for you some time ago. He would like to know whether or not you ever seceived it. If not, please let us know and we will see to it that a copy of De sent to you as soon as possible. With kind regard, Very truly yours, Deborah A. Wood Secretary to Mr. Goodell FORD & GERALD LIBRARY PRESIDENTIAL CLEMENCY BOARD FROM: graid DATE: 3/27 TO: Goodell x Knisely ACTION: Baskir Lang Broder Liekweig Brown Lipscombe 17 FYI & Retention Bott Lohff Chaney Meinking / / FYI & Return to Chazen MacQueeney Chambers Mitchell / / Prepare Reply Craig Norby Dancheck Nickolas / See Me Benson O'Hare Fenig Pacini / Clear & Return Fornoff Poole Guritz Puller TI Rush Necessary Action Hastings Hausman Robinson - II Other: Horn Slattery Handwerger Strauss Heitz Tropp Hickman Vinson I RT or mm - do Horton Zani Hansen Smith Kodak I you Know what happend Klein to bookd previous litter RONALD A. TAYLOR 1571 MAR 5 1975 February 28, 1975 Honorable Charles Goodell Office of the President Executive Office Building Washington, D.C. Dear Senator Goodell; A few months back I sent you a copy of your book with a request that you autograph it. To date I have not recieved it. Hopefully it is just the mails however please ask someone on your staff to check and see if it is around the office. Very truly yours, Pantangh may MAR 10001 NEW PM IN YORK. / 2 1975 UNITED 10 STATES Honorable Charles Goodell Office of the President Executive Office Building Washington, D.C. PERSONAL RONALD A. TAYLOR 51 West 81st Street New York, NY, 10024 November 29, 1976 Lawrence M. Baskir Vietnam Offender Study 1826 Jefferson Place, N. W. Washington, D. C. 20036 Dear Larry: The I believe I sent you a copy of the enclosed letter from Mr. Morse to the President when I received it in March. I have had another inquiry with reference to the accuracy of Mr. Morse's interpretations. Do you or Bill have any comments? With kind regard, I am Sincerely, Charles E. Goodell /daw Enclosure FORD i LIBRARY GERALD NATIONAL ARCHIVES AND RECORDS ADMINISTRATION Presidential Libraries Withdrawal Sheet WITHDRAWAL ID 02000 REASON FOR WITHDRAWAL Donor restriction TYPE OF MATERIAL Letter CREATOR'S NAME Richard Schultz RECEIVER'S NAME Charles Goodell DESCRIPTION re possible upgrade of a discharge CREATION DATE 11/02/1976 COLLECTION/SERIES/FOLDER ID 019300022 COLLECTION TITLE Charles Goodell Papers BOX NUMBER 3 FOLDER TITLE Correspondence (4)-(8) DATE WITHDRAWN 11/20/1990 WITHDRAWING ARCHIVIST WHM November 30, 1976 Mr. Lawrence Baskir Vietnam Offender Study 1826 Jefferson Place, N. W. Washington, D. C. 20036 Dear Larry: Enclosed is a letter from Richard Schultz together with a copy of his application for review of discharge. I intend to use this in support of my recommendations to President Ford and thought it might be useful to you in documenting the situation for the Carter people. If you have any other specific suggestions as to how we might help Mr. Schultz with his own case, please let me know. With warm regard, I am Very truly yours, Charles E. Goodell /daw Enclosure FORD is LIBRARY OERALD VIETNAM OFFENDER STUDY CENTER FOR CIVIL RIGHTS UNIVERSITY OF NOTRE DAME LAWRENCE M. BASKIR 1826 JEFFERSON PLACE. N.W. PROJECT DIRECTOR WASHINGTON, D. C. 20036 WILLIAM A. STRAUSS (202) 296-1767 DEPUTY DIRECTOR PADDY TALBOYS SHAKIN ADMINISTRATIVE SECRETARY CHARGIE - RECEIVED DEC 3 1976 PLEASE TELL JS WHAT you THINK of THESE LETTERS, PER OVR CONVERSATION. THANKS. Bur & 070830 FIF : VIETNAM OFFENDER STUDY CENTER FOR CIVIL RIGHTS UNIVERSITY OF NOTRE DAME LAWRENCE M. BASKIR 1826 JEFFERSON PLACE. N.W. PROJECT DIRECTOR WASHINGTON, D. C. 20036 WILLIAM A. STRAUSS (202) 296-1767 DEPUTY DIRECTOR PADDY TALBOYS SHAKIN ADMINISTRATIVE SECRETARY November 30, 1976 Mr. Byron V. Pepitone Director Selective Service System 1724 F Street, N.W. Washington, D.C. Dear Mr. Pepitone: Mr. Walter Morse, former General Counsel of Selective Service, has taken issue with conclusions drawn by the Clemency Board report that 55% of all indicted Vietnam-era draft offenders had their cases dismissed, and that 85% of those who pled not guilty were not convicted. We are enclosing a copy of our response, and we understand that Sen. Charles E. Goodell is also responding to his letter. Our research has subsequently discovered that over half of the 210,000 individuals referred to U.S. Attorneys for prosecution had their cases dropped because of substantive or procedural errors. This contrasts with the public impression that 80% of the cases were dropped because the violator submitted to induction. We are engaged in writing a book which will be published early in 1977. The book will include an assessment of the administration and enforcement of the Selective Service Act during the Vietnam era. The matters described above are essential to such an assess- ment and bear heavily on the public's understanding of how the draft system was administered. & FORD Most of our new information comes from officials at various levels of the Justice Department, but we have CERALD thus far been unable to get data from Selective Service not contained in your semi-annual reports. We would appreciate any assistance you can give us in improving Mr. Byron V. Pepitone November 30, 1976 Page Two our understanding of these issues. Sincerely, Lawrence M. Baskir William A. Strauss Enc. FORD i GERALD LIBRARY VIETNAM OFFENDER STUDY CENTER FOR CIVIL RIGHTS UNIVERSITY OF NOTRE DAME LAWRENCE M. BASKIR 1826 JEFFERSON PLACE. N.W. PROJECT DIRECTOR WASHINGTON, D. C. 20036 WILLIAM A. STRAUSS (202) 296-1767 DEPUTY DIRECTOR PADDY TALBOYS SHAKIN ADMINISTRATIVE SECRETARY November 30, 1976 Mr. Walter H. Morse 2304 Wilson Blvd. Arlington, Virginia Dear Mr. Morse: Sen. Charles E. Goodell sent us a copy of your letter of March 29. To our understanding, the statistics in question are correct, although we acknowledge that the 85% figure is an approximation based upon an extrapolation of survey findings. That figure refers to the apparent risk of conviction for an indicted draft offender. In your letter, you noted that "records will substantiate that 80% of these violations were dismissed because the violator submitted to induction." For several months, we tried to discover such records, but could not. As you may recall, one of us spoke with you personally in search of such information. Officials at all levels of the Justice Department were skeptical about its accuracy, and our independent investigation has learned that a much smaller proportion of accused offenders ever entered the military. Many others failed their pre-induction physical examinations (sometimes after deliberate efforts to fail), but it appears that over half of the 210,00 accused of- fenders had their cases declined or dismissed because of errors made by their draft boards. The rate of unsuccessful prosecutions and the number of cases dropped for substantive or procedural errors are important indications of the enforcement of the draft law during the Vietnam era. If you have data of any kind which underlies your 80% estimate or which pertains to the number of cases dropped by U.S. Attorneys because of induction or other reasons, we would appreciate hearing from you. Based upon & FORD HURALD Mr. Walter M. Morse November 30, 1976 Page Two the information currently available to us, our forth- coming book will reach conclusions different from those in your letter. Sincerely, Lawrence M. Baskir William A. Strauss CC: Charles E. Goodell Byron V. Pepitone Mr. Walter H. Morse 2304 Wilson Blvd. Arlington, Virginia Dear Mr. Morse: Please excuse my tardy response to your letter of March 29 in which you questioned the accuracy of state- ments in the Clemency Board's final report. The discussion on pages 45 and 46 was based partly on survey data collected by the Board (see Appendix C of the report) and partly on data obtained from the Administrative Office of the U.S. Courts. The 85% statistic to which you refer pertains only to accused draft offenders who pled not guilty, and it is based upon assumptions which are clearly stated in the text. From my experience at the Clemency Board, I could see that substantive or procedural errors were common in draft cases. In light of this, I do not consider the 55% or 85% figures to be especially surprising. Lawrence M. Baskir and William A. Strauss, the two Clemency Board staff members principally responsible for the report, have undertaken considerable research in this area as part of the Vietnam Offender Study. I understand they will be responding separately to your letter. Sincerely, Charles E. Goodell CC: Lawrence M. Baskir William A. Strauss Byron N. Pepitone White House December 3, 1976 Jim: Per our conversation, here are the clemency materials. In the Presidential Clemency Board's final report, you will be interested particularly in pages xv-xvi, 52-80, 138-45, and 201n29. I have attached with the materials a copy of a memo which I wrote and you reviewed before the Board's first meeting, on Guidelines on Categorization of Cases and Application of Mitigating and Aggravating Factors. That memo, particularly at pp. 8-14, suggests workable categories which you may want to treat differently in a proposed new amnesty. The Board's final report will also suggest some categories to you (see, e.g., p. 78 on veterans who had Honorable Discharges prior to getting a bad discharge on their second tour). As I mentioned to you, it is critical that any new amnesty program address the problem of deserters, because there are over 100,000 of them (probably some 10,000 fugitive, the rest cashiered with discharges under other than honorable conditions) from the Vietnam era. By contrast, there are only a couple of thousand evaders--not counting the indeterminate number of non-registrants--who can be reached by a new amnesty program. Those who live abroad--a very tiny portion--are largely settled into jobs and families where they are, and will not come back even if they are lauded as heroes. Aside from the 100,000+ deserters, there are at least another 400,000 veterans with bad discharges from the Vietnam era, some of their discharges generated by war protest offenses (e.g.: disobeying a lawful order). The class of 500,000+ veterans is the largest one which needs some kind of clemency. The problem, and the complexity, of the mess is sketched out on page 8 of the attached draft memo to the President. Most of the deserters and evaders at issue were uneducated, poor, inarticulate persons with family or emotional problems which caused their offense. Nearly none of them were motivated by opposition to the war. If you get into the business of mass categorical amnesties instead of case-by-case review, you will ignore the distinction between those who really were motivated by anti-war feelings, those who had family or emotional problems and were trapped by an administrative system they did not understand, and those who were just plain screw-ups. I suspect this is just as true for the rest of the 400,000+ bad paper veterans as it is of deserters. & FORD Once you get into case-by-case decision-making, however, you create an administrative burden and a time lag between an CERALD amnesty proclamation and its implementation. You may want to give some thought to several categories of folk aside from the categories in my 10/4/74 memo: 1. Veterans with bad discharges for non-absence offenses, and with allegations in their record that they acted out of conscientious anti-war motivation. Perhaps there should be a presumption that anyone who alleged conscientious motivation had it, and will receive unconditional amnesty under a new program. - 2 - 2. Civilians, both fugitives and those already convicted, who committed a non-draft Federal offense (i.e.: an offense outside the jurisdiction of President Ford's program), with allegations in their record that they acted out of conscientious anti-war motivation. Perhaps there should be a presumption that, as with bad-discharge veterans, anyone who alleged conscientious motivation had it, and will receive amnesty under a new program. This class, unlike the veterans, is susceptible of case-by-case review, because (i) very few civilians committed non-draft anti-war offenses, and (ii) most of those few offenses involved state law, not federal law, and are therefore outside a President's clemency authority. These cases will be quite sticky in some instances, such as those of destruction of Federal property. It may be that once you get into the details of the cases, you would be uncomfortable in recommending amnesty for them. That problem also argues for case-by-case review. At a minimum, the Pardon Attorney's office in Justice could be instructed to consider with sympathy all requests for clemency by convicted civilians who allege conscientious motivation for non-draft anti-war Federal offenses. The Criminal Division could be instructed to open no new cases in this category, and to review its files on all outstanding fugitive cases--under a presumption of acceptance of allegation of conscientious motivation--in order to determine which ones can be publicly closed. 3. Perhaps a new program should start by commuting the alternative service conditions of persons who have received conditional clemency under the 1974 program, and by instructing the Attorney General immediately to issue pardons which were suspended pending completion of alternative service. The Secretary of Defense would be instructed to immediately issue Clemency Discharges under the old program to all veterans affected by commutation of alternative service. 4. Perhaps the military services' discharge review boards should be instructed to automatically raise, without application from persons affected, the cases of all veterans with discharges under-other-than-honorable-conditions from the Vietnam era, in order to consider which veterans should be upgraded to General and Honorable Discharges. The boards could be instructed to review records without regard to the offense for which an individual has received a pardon either under the Ford program or under a new amnesty. 5. Undesirable Discharges as a class were a tremendous problem to the Presidential Clemency Board, and will be to a new amnesty program as well. Some veterans took UDs because they knew that a court-martial would convict them and throw them into prison, some were railroaded by officers who wanted to avoid the administrative hassle of a court-martial, and some simply took a UD to get out of the service fast, unaware of the deleterious job-market consequences of a UD and unaware that they could never have been convicted of any offense if they had asked for due process. - 3 - The UD category contains all manner of misfits, malingerers, criminals, and innocents. It is impossible to distinguish one from another because a UD, by its nature, does not leave a record. Absent a record, you either have to treat them all as innocents or to establish a rebuttable presumption that they are all misfits or criminals, and then look at amnesty applicants on a case-by-case basis. If you treat them all as innocents, there is going to be a lot of embarrassment for the new President and his program when the press goes after details of some UD cases. The military used the UD to get a lot of real screw-ups, in some cases criminals, out of the service quickly and without an administrative hassle during the Vietnam war. On the other hand, if you get into a case-by-case process to rebut a negative presumption, it's going to be a real chore. Most of the 500, 000+ bad discharges are UDs without available records on which to base a decision. Even if an amnesty decision is to be based on retrieval just of one or two kinds of facts, there is going to have to be fact-finding communication with all those people. It may be that the best solution for the UD category, albeit cumbersome, is to offer amnesty only to applicants (non-"universal"), and to focus the application process on retrieval of a very limited number of dispositive facts. If an amnesty is to have any real-world meaning for those receiving it, you will run into the problem of what happens when a recipient applies for a job. Employers can discover that he has had a civilian or military criminal record, and that he has had--if it is a military case--an other-than-honorable discharge. "Amnesty" has no real-world meaning unless it is accompanied by a series of steps to remedy that problem. Several questions then arise: (i) Will Justice Department criminal records (including but not limited to NCIC) be either expunged or sealed? (ii) Will military services' discharge records be either expunged or sealed? (iii) Will DD Forms 214 (discharge forms) be issued de novo, and old 214s thrown into the ash can? Will new discharge certificates be issued? (iv) What can a President do to seal or expunge records owned by Federal courts, not by the Executive Branch? Certainly nothing by a proclamation or an executive order. (v) What can a President do to get state criminal records under the jurisdiction of state governors (much less records owned by state courts) sealed or expunged? (vi) For each record sealed but not expunged, for what limited purposes will access be permitted? by what categories of persons? under what procedures? with what notice to the subject of the record? - 4 - These may seem to be questions which can be resolved long after a new amnesty program is announced, but they are not. There is no amnesty in the real world for recipients as long as they are not addressed. Presumably, one of the points of an amnesty is to enable the recipient to seek a job without constraint by prior record, and without pervasive anxiety that an employer can learn something any minute which will trigger his immediately firing the recipient. That suggests the last problem to which you ought to give long thought: the process question of just how the President-elect is going to spring his new program on the American people. We found that recipients of President Ford's clemency had unbelievably painful problems in re-entering their home communities, both in getting jobs and in simply being able to live as part of a neighborhood. Veterans groups protested when city governments and private employers gave them jobs, however menial and poorly compensated. Neighbors ostracized them, banks and other service institutions refused to serve them, civic and veterans organizations attacked them and would not let them fade quietly back into normal life. There are a hell of a lot of people out there who have fathers, sons, brothers, and husbands who were disabled, killed, or irrevocably emotionally scarred in Vietnam. There are more of those people than there are families of draft evaders and deserters. Because of the comparative nature of the injuries suffered, most of the veterans' families show a hell of a lot more emotion about their side of the issue than the draft evader and deserter families show about theirs. That emotion, and the scars which generate it, are going to come down hard on the President-elect, as they did with intense bitterness on the Presidential Clemency Board. And that emotion is going to come down particularly hard, much more so than you probably anticipate, on amnesty recipients in their home communities. In order to pre-empt as much of this fire as possible, the President-elect's staff has to do some tedious groundwork among all of the veterans' groups (not just the Legion, the VFW, and the DAV), and among civic groups which dominate the public opinion patterns of small communities--especially small business, farm, +church groups. It is absolutely necessary that that ground-work be done among the veterans' and civic groups at the local level, not just with their leadership in Washington. If local veterans' and civic groups do not come to understand what kinds of people are getting amnesty and what their real problems have been, the President is going to get a lot of avoidable political flak. More to the point, the lives of some amnesty recipients are going to be, in part avoidably, very grim. If I had 1975 to relive, this is the first chore to which I would allocate much more of my energies, and the Board's. - 5 - On the materials I am giving to you: (i) I would appreciate a copy of the Board's final report back eventually, especially since this will be your third. My stock is short, and there are constant needs for it. (ii) You can do whatever you want with the 10/4/74 (Guidelines on Categorization of Cases ) memo, including disseminating it to anyone else. (iii) The Executive Grant of Pardon warrant is the one which will be technically necessary for a new amnesty. I have included the Executive Grant of Clemency (conditional pardon) warrant which the Board used, on the off chance that you may tinker with conditional amnesty for some classes of people. (iv) The draft memorandum for the President is obviously extremely sensitive. It is my draft, not necessarily what will go when Charlie finishes editing it. Please show this document to no one, and make no copies. Feel free to steal large substantive chunks of it for papers under your name, but please under no circumstances cite the draft memo, refer to its existence, or allude to either Charlie's or my involvement in the recommendations made in it. Otherwise, we may impair the possibility of helping the clemency recipients involved, and of setting the political stage for an even broader effort by the President-elect. (v) For obvious reasons, please also do not show this page to anyone and please make no copies of it. Feel free to distribute the rest of this letter as you please, and to associate my name with it--or not--as seems helpful. Best of luck, and please let me know if I can be of any further help. Regards, Rick Trapp Rick Tropp Anihersity of Notre Dame Notre Dame, Indiana 46556 Office of the President CABLE ADDRESS "DULAC" December 13, 1976 RECEIVED DEC :6 Mr. Lawrence Baskir Vietnam Offender Study 1826 Jefferson Place, N. W. Washington, D. C. Dear Larry: I have found our missing case with the detached retina and I am sending you the case summary. I would appreciate it very much if you could get his name and address from Justice and inform Dr. David Paton, Ophthalmology Department, Baylor University Medical School, Houston, Texas. His phone number is: 713- 790-4637. It should be a nice Christmas present to this veteran to finally get some attention to the one good eye he has left. I am grateful for all of the effort you will put forward to bring this to a success- ful conclusion. All best holiday wishes for you, Bill, and all the family. Sincerely yours, (Rev.) Theodore M. Hesburgh, C.S.C. President FORD i LIBRARY GERALD PRESIDENTIAL CLEMENCY BOARD CASE SUMMARY PCB Attorney: L.H. Dancheck Case Number: 74-423-MB-M Telephone Number: (202) 456-2110 Branch of Service: Armv Summary Completed: 10 Mar 1975 Age: 25 (26 - 24 Mar 1975) Current Sentence: BCD, CHL for 15 Present Status: Civilian with punitive months - total forfeiture and discharge reduction to Private (E-1) Date of Application: 9 Dec 1974 Court: Original trial court, General Court, Ft. Gordon, Georgia - sentence Rehearing court, General Court, Ft. Leavenworth, Kansas Total Time Served: 18 months, 15 davs ( 7 months, 1 day pre-trial and pre- Pardin rehearing detention 8 Jan 1969 - Pre-trial detention 23 May 1969 - Sentence 6 Mar 1970 - Released 6 Mar 1970 - Detained 22 May 1970 - Rehearing 23 Jul 1970 - Released from USDB Discharge Status: Executed BCD Offense: Desertion (13 Aug 1968 to 7 Jan 1969) Total Creditable Service: 10 months, 2 davs Background: Applicant was born in a Midwestern state, the older of two children in an unstable Caucasian family. When he was three, his father deserted the family. The mother supported the family after the father deserted bv employment as a waitress. The mother has married four times. Applicant has three step-siblings from his mother's subsequent marriages. Because the mother was unable to care for all of the children, three of them were placed for adoption. Applicant's formative vears were depressing and stressful, caused by frequent family moves and hostile relations with a succession. of stepfathers. Applicant has GT and AFOT scores of 104 and 34 (Category III), respectively. Applicant completed the 11th grade in school, but withdrew at 18 to enter the Armv. Fe found it difficult to adjust to a succession of new schools caused hv family moves. Fe maintained good relations with his teachers and neers. Constant mental depression made it difficult for him to study. "e won four sports awards in school. He completed the high school GED tests in the Armv. Applicant was inducted on 10 Oct 1967. The highest grade held was Corporal (F-4). lle qualified as an expert with the M-14 rifle and as a sharpshooter on the M-16 rifle. lle completed RCT at Tt. Benning, Georgia and AIT as a light weapons infantryman at Ft. McClellan, Alabama. He attended the NCO candidate course, but failed to complete the course. Thereafter, he was reassigned to Vietnam where he served in the First Cavalry Division. Applicant welcomed induction, as he believed the military would offer him vocational and educational opportunities not readilv available to him as a civilian. He was enthusiastic about his training and readilv accented enrollment in an NCO academv. Performance deficiencies caused the termination of his enrollment. He was pleased bv his assignment to Vietnam because of his confidence in his training and membership in a cohesive, elite unit. A psychiatrist of the military prison diagnosed applicant as having an emotionally unstable personality, chronic, moderate, manifested bv depression, impairment of judgment and insight, and low resistance to frustration. lle was classified as having a psvchiatric profile rating of 2 on a scale of 0 to 4 in order of severity. Applicant's pre-induction employment history reflects work as a theater usher, painter's helper and service station attendant. Circumstances of Offense: In Vietnam, applicant was assigned to an infantrv unit. During his service here he sustained trauma which caused his vision to blur in one eve. He also injured an ankle. His vision steadilv worsened. He sought medical attention in the division where it was believed that he needed corrective lenses and was referred to an evacuation hospital in Danang for testing. Applicant recalls in sworn testimony at his sentence rehearing these events: I went to the 95th Evac. (SIC). I don't remember what day I got there but I got there late in the afternoon and I spent the night in a transient tent and I reported to the Processing Center the next dav and they assigned me to the ward of a doctor to see. I went to see the doctor, the doctor wasn't in, but his assistant which was a Specialist Fourth Class was in, and I told him about mv problems, mv eve and mv ankle also, and he told me that the doctor had too many eve patients alreadv. He said his books were full and that T would have to report back to mv unit and come back to the hospital in a couple of weeks. And at this point I got real discouraged because mv eve was real bad and I wanted something done about it (Page 22, Vol. I, Trial Transcript) Applicant's associates described him at trial as a willing and enthusiastic soldier in Vietnam. Frustrated by the rejection and fearful of his inahility to function in an infantrv unit, applicant encountered and talked with another soldier. Both decided to leave Vietnam and were successful in obtaining bookings on a flight to Ft. Lewis, Washington from Cam Ranh Dav. On return to the United States, applicant went home to Florida. Applicant is now nearlv blind in one eve. An ophthalmologist testified during sentencing that applicant sustained some tvpe of trauma, probably in Vietnam, which caused his retina to become detached in his left eve. Applicant was subjected to 4 months of pre-trial confinement. His counsel at trial argued that this factor coupled with the delav in prosecuting the case was a denial of a speedy trial. This assignment of error was rejected at trial and on apneal. At trial, applicant's counsel attempted to introduce the testimony of the attending ophthalmologist on the merits to prove that applicant absented himself to obtain medical treatment and not to desert. The militarv judge refused to admit the expert testimonv, absent introduction of independent evidence of relevancy. The rejection of proof was raised on appeal as error, but was likewise rejected. The reversal and order for rehearing was restricted solelv to the sentence as approved. Applicant did undergo retinal surgerv in Januarv 1970. The operation was unsuccessful in reattaching the retina. His left eve vision is now 12/300. In a report on possible future militarv assignment of the applicant, the physician indicated that he should have no dutv assignment involving the handling of explosives, high caliber weanons, etc., when he might endanger his good eye, no duty assignment when he would be crawling, stooping, running, jumping or having to stand or march for prolonged periods, no duty assignment involving jarring activities such as hand-to-hand combat and no dutv assignment where an ophthalmologist is not available. Vietnam Service: Applicant served from 8 Jul 1968 to 13 Aug 1968 as an ammunition bearer in a machine gun team in an airmobile division. Chronology: 24 Mar 1949 Date of Birth Jun 1967 Withdrew from school 8 Oct 1967 Enlisted 10 Oct - 2 Mar 1968 BCT and AIT 2 Mar 1968 - 26 Apr 1968 NCO candidate Page 4 Case Number: 74-423-MWB-M 26 Apr 1968 - 29 May 1968 Casual status 29 May 1968 Enroute to RVN 8 Jul 1968 Arrival in RVN 13 Aug 1968 Began AWOL 7 Jan 1969 AWOL terminated hv arrest bv civilian police 8 Jan 1969 Pre-trial detention 22-23 May 1969 Trial and sentence 22 May 1970 Sentence rehearing 23 Jul 1970 Released from prison 23 Jul - 26 Oct 1970 Duty status 26 Oct 1970 Leave status began 9 Sep 1971 Discharged 9 Dec 1974 PCB application Awards and Decorations: National Defense Service Medal, Vietnam Service and Campaign Medals, Sharpshooters Badge (M-16 rifle), Expert Badge (M-14 rifle) and 2nd Crass Gunner (1-60). Prior Militarv Convictions and Disciplinary Punishments: None Sentence History: 23-23 May 1969 Adjudged: DD, total forfeitures, CHI. for 3 years, reduction to E-1. 11 Jul 1969 Approved: DD, total forfeitures, CHL for 2 vears, and reduction to E-1. 23 May 1969 Judgment and sentence affirmed bv the U.S. Armv Court of "ilitarv Review 6 Mar 1970 U.S. Court of Military Anneals reversed affirmance of sentence. Grounds: Instructional error 20 Mar 1970 Restoration to duty, clemency and parole disapproved 22 May 1970 Rehearing on sentence conducted. Adjudged Sentence: DD, CHL for 15 months, total forfeitures and reduction to E-1. 14 Aug 1970 Convening authority approved sentence adjudged at rehearing 29 Dec 1970 Affirmed a BCD, CHL for 15 months, total forfeitures, and reduction to E-1. 16 Aug 1971 Sentence ordered into execution Sources: Trial transcript (Vols. I and II) Military Personnel Record's jacket Official Military Personnel file Health Record Correspondence File PCB application with enclosure HYDEMAN, MASON & GOODELL 1220 NINETEENTH STREET, N. W. ARTHUR K. MASON WASHINGTON, D.C. 20036 LEE M. HYDEMAN TELEPHONE HAROLD E. MESIROW 202 833-9040 JOHN M. BURZIO JAMES T. LLOYD JAMES H. HELLER CHARLES E. GOODELL CABLE ADDRESS THOMAS W. MCLAUGHLIN HASTEN OF COUNSEL ALGER B. CHAPMAN ALEXANDER M. LANKLER February 28, 1977 The Honorable Jimmy Carter President The White House Washington, D. C. 20500 Dear Mr. President: As the former Chairman of President Ford's Clemency Board, I strongly believe in the need for a national reconciliation after Vietnam. I believe the other members of the Clemency Board share my view in that regard, since they devoted substantial time and effort, at considerable sacrifice, to implement President Ford's clemency program. Recently, you pardoned all draft offenders in an effort to achieve the goal of reconciliation after Vietnam. Accepting that decision on your part, I would sincerely urge upon you that it is grossly unfair to ignore military offenders while dealing only with civilian offenders. My observation is based upon the more than 20,000 applications made to President Ford's clemency program, which provides us with the most accurate sampling of the type of individuals who committed civilian or military offenses during the Vietnam era. Twenty-seven percent of the military applicants to the Clemency Board had served in Vietnam. A very, very small number of those applicants deserted under combat conditions. Most of the military applicants committed their AWOL offenses after they returned from Vietnam. For the most part, they were poorly educated, low IQ youths from low-income families. On the other hand, the civilian offenders who have now been pardoned were overwhelmingly white, middle-class, and far better educated. I heard you speak movingly and eloquently during the campaign about those who served their country in Vietnam. It would be a tragic irony and injustice if they were left out of your new approach to reconciliation. I understand, from experience, that the military and veterans' groups vigorously resist further clemency to military offenders. Having served in both the Navy and the Air Force, I am confident that the military services are perfectly capable of enforcing military GERALD FORD VIBRARY -2- discipline in the future, regardless of the exercise of Presidential clemency for those who have committed past offenses. I believe the history of amnesty actions in the past will bear that out. I also have no doubt that a national conscription in time of true national need in the future would be unaffected by amnesty actions taken by you today. I believe it is entirely feasible to construct a program of amnesty for military offenders which would avoid obvious pitfalls. Those who committed military offenses for which there is a comparable civilian offense could be excluded. Such an exclusion would cover offenses such as larceny, assault, murder, etc. In addition, those who deserted their comrades under fire or in combat zones could be excluded. I recommend to you the study entitled, Reconciliation After Vietnam, sponsored by the Center for Civil Rights at the University of Notre Dame. The authors, Lawrence M. Baskir and William A. Strauss, were high administrative officials in President Ford's Clemency Board and are intimately acquainted with the nature of the problem. I believe their recommendations are eminently sensible and realistic. I respectfully urge you to utilize this study as a basis for further action on amnesty for military offenders. In addition, I would be remiss if I did not call to your atten- tion several examples of military cases which cry out for further action from the President of the United States. Although I made recommendations on these cases to President Ford, they remain unacted upon. I enclose a separate description of those categories of cases. I have enclosed the descriptions of those five categories of cases as examples of the minimum action which I believe should be taken to complete President Ford's clemency program. I wish to emphasize my conviction that those actions would not alone reconcile the injustice produced by ignoring the military offenders while granting amnesty to civilian offenders. As you have often pointed out, disadvantaged young men did a disproportionate share of the fighting in Vietnam. It is unfair to continue to require them to pay a disproportionate share of the penalties as well. I urge you to extend your program of amnesty to military offenders. If I can be of further assistance to you, I would be glad to meet with you or whomever you designate. Respectfully Charles E. yours, Goodell Charles E. Goodell /daw Enclosures RECOMMENDATIONS FOR COMPLETION OF PRESIDENT FORD'S CLEMENCY PROGRAM 1. There are about 250 cases of individual applicants to the Clemency Board who served heroically in Vietnam. In many instances, they volunteered for extra hazardous duty and re-upped for a second tour in Vietnam. President Ford's Clemency Board recommended that these individuals not only receive pardons, but also be awarded veterans' benefits. These cases were referred to the Department of Defense for action over a year ago, but I am informed that very few, if any, of those cases have been acted upon. 2. Although the exact number is not clear, there are between 500 and 700 applicants to the Clemency Board who suffered physical disabilities while serving in Vietnam and are not eligible for medical benefits because of subsequent military offenses. The Clemency Board unanimously recommended that these individuals be granted medical benefits only, not general veterans' benefits. These individuals were injured in the service of their country and many of them now incur continuing medical expenses for injuries suffered in Vietnam. To my knowledge, no action has been taken on these cases. 3. One of the most difficult types of cases the Clemency Board faced involved individuals who had committed felonies after they left the service. Some of the Clemency Board members felt that they should be denied any benefit from President Ford's clemency program because of the subsequent felonies. Others on the Board felt that the Clemency Board should deal only with the individual's military record and should, therefore, ignore any felonies committed subsequent to military service. A majority of the Clemency Board rejected both of these approaches and separated the cases on the basis of the types of felonies subsequently committed. We generally denied clemency to those who had committed a felony involving violence to another human being. Those who committed crimes against property were generally granted clemency, if otherwise qualified under our standards, unless the property crimes were highly repetitive or there were aggravated circumstances. There are, I believe, about 800 felony cases which were referred to the Justice Department (Pardon Attorney's Office) with a recommendation from the Clemency Board that they be granted clemency. I am informed that they have not been acted upon. 4. There are an unascertained number of individuals still performing alternative service under President Ford's clemency program. I recommended to President Ford at the end of his administration that he commute the remaining alternative service required of them. Civilian offenders have obviously been covered by the amnesty you have already declared for them, but military offenders continue to -2- perform alternative service. I recommend that these military offenders be relieved of any further requirement of alternative service immediately, whatever other action you may take in extending your amnesty program to military offenders. 5. There are an estimated 3,000 individuals who are still AWOL from the military and who did not participate in President Ford's clemency program. I am sure many of them never realized that they were eligible to receive an immediate undesirable discharge and thereby end their fugitive status. Once again, whatever other action you may take to extend amnesty to military offenders, I recommend that you direct the Department of Defense, at a minimum, to give these individuals an undesirable discharge in absentia. VIETNAM OFFENDER STUDY CENTER FOR CIVIL RIGHTS UNIVERSITY OF NOTRE DAME LAWRENCE M. BASKIR 1826 JEFFERSON PLACE. N.W. PROJECT DIRECTOR WASHINGTON, D. C. 20036 WILLIAM A. STRAUSS (202) 296-1767 DEPUTY DIRECTOR PADDY TALBOYS SHAKIN ADMINISTRATIVE SECRETARY February 25, 1977 Charles E. Goodell, Jr., Esq. Hydeman & Mason 1220 - 19th Street, NW, #700 Washington, DC 20036 Dear Charlie: This letter is fine, if a little long. I suggest you only make reference to the 5 recommenda- tions to Ford in the body of the letter, and set them out on a separate sheet. This makes the letter about 2 pages which is the right length for Carter. We will be pleased to help you poll the Board members. But Kauffman, Everhard, and Carter need a direct call from you. If Vernon is to be contacted, I think courtesy demands you do it. Best regards, Lawrence Lay M. Baskir LMB:al Enc. February 23, 1977 The Honorable Jimmy Carter President of the United States The White House Washington, D. C. 20500 Dear Mr. President: As the former Chairman of President Ford's Clemency Board, I strongly believe in the need for a national reconciliation after Vietnam. I believe the other members of the Clemency Board share my view in that regard, since they devoted substantial time and effort, at considerable sacrifice, to implement President Ford's clemency program. Recently, you pardoned all draft offenders in an effort to achieve the goal of reconciliation after Vietnam. Accepting that decision on your part, I would sincerely urge upon you that it is grossly unfair to ignore military offenders while dealing only with civilian offenders. My observation is based upon the more than 20,000 applications made to President Ford's clemency program, which provides us with the most accurate sampling of the type of individuals who committed civilian or military offenses during the Vietnam era. Twenty-seven percent of the military applicants to the Clemency Board had served in Vietnam. A very, very small number of those applicants deserted "combat to conditions and it should be noted that those who did could easily be excluded from any future clemency program. Most of the military applicants committed their AWOL offenses after they returned from Vietnam. For the most part, they were poorly educated, low IQ youths from low-income families. On the other hand, the civilian offenders who have now been pardoned were overwhelmingly white, middle-class, and far better educated. I heard you speak movingly and eloquently during the campaign with about reference to those who served their country in Vietnam. It would be a tragic irony and injustice if they were left out of your new approach to reconciliation. , I understand from experience, that the military and veterans groups vigorously resist further clemency to military offenders. They argue that the pardoning of military offenders would undermine military discipline and would make it difficult if not impossible s to draft young men at a time of national need in the future I bulieve both of those arguments are fgllacious. Having served in both the Navy and the Air Force, I am confident that the military -2- services are perfectly capable of enforcing military discipline in the future, regardless of the exercise of Presidential clemency for those who have committed past offenses. I believe the history of amnesty actions in the past will bear that out. I also have no doubt that in a national conscription in time of true national need in the future would be unaffected by amnesty actions taken by you today. Seen, ) personally opposed unconditional amnesty for either the civilian draft evaders or the military offenders. Nonetheless, if civilian offenders are to be pardoned, as they have I believe military offenders should be given equal consideration. If anything, their cause is even more compelling than that of the civilian ffenders. I believe it is entirely feasible to construct a program of anmesty for military offenders which would avoid obvious pitfalls Those who committed military offenses for which there is a comparable civilian offense could be excluded. Such an exclusion would cover offenses such as larceny, assault, murder, etc. In addition, those who deserted their comrades under fire or in combat zones could be excluded. I recommend to you the enclosed study entitled, Reconciliation After Vietnam, sponsored by the Center for Clemency Research at the University of Notre Dame. The authors, Lawrence M. Baskir and William A. Strauss, were high administrative officials in President Ford's Clemency Board and are emanchtly intimately acquainted with the nature of the problem. I believe their recommendations are eminently sensible and realistic. I respectfully urge you to utilize this study as a basis for further action on amnesty for military offenders. In addition, I would be remiss if I did not call to your attention several examples of military cases which cry out for further action from the President of the United States. Although I made recommendations on these cases to President Ford, they remain unacted upon. Rics They completion follows on 7'm pep clem descrip Prog applicants those to the Claineng Deard categouis case 1. There are about 250 cases of individuals who served heroically in Vietnam. In many instances, they volunteered for extra hazardous duty and re-upped for a second tour in Vietnam. President Ford's Clemency Board recommended that these individuals not only receive pardons, but also be awarded veterans' benefits. These cases were referred to the Department of Defense for action over a year ago, but I am informed that very few, if any, of those cases have been acted upon. -3- 2. Although the exact number is not clear, there are between 500 and 700 applicants to the Clemency Board who suffered physical disabilities while serving in Vietnam and are not eligible for medical benefits because of subsequent military offenses. WClemency Board unanimously recommended that these individuals be granted medical benefits only, not general veterans' benefits. These individuals were injured in the service of their country and many of them now incur continuing medical expenses for injuries suffered in Vietnam. 90 my knowledge, no action has been taken on these cases, 3. One of the most difficult types of cases the Clemency Board faced involved individuals who had committed felonies after they left the service. Some of the Clemency Board members felt that they should be denied any benefit from President Ford's clemency program because of subsequent felonies, committed. Others on the Board felt that the Clemency Board should deal only with the indivi- dual's military record and should, therefore, ignore any felonies committed subsequent to military service. A majority of the Clemency Board rejected both of these approaches and separated the cases on the basis of the types of felonies subsequently committed. We generally denied clemency to those who had committed a felony involving violence to another human being. Those who committed crimes against property were generally granted clemency, if otherwise qualified under our standards, unless the property crimes were highly repetitive or there were aggravated circumstances. There are, I believe, about 800 felony cases which were referred to the Justice Department (Pardon Attorney's Office) with a recommendation from the Clemency Board that they be granted clemency. I am informed that they have not been acted upon. these military offection 4. There are an unascertained number of individuals still performing alternative service under President Ford's clemency program. I recommended to President Ford at the end of his administration that he commute the remaining alternative service required of them. Civilian offenders have obviously been covered by the amnesty you have already declared for them, but military offenders continue to perform alternative service. I recommend that they be relieved of any further requirement of further alternative service immediately, whatever action you may take in extending your amnesty program to military offenders. 5. There are an estimated 3,000 individuals who are still AWOL from the military who did not participate in President Ford's clemency program. I am sure many of them never realized that they were eligible to receive immediately an undesirable discharge and thenby longer be fugitives Once again, whatever other action you may take to extend amnesty to military offenders, I recommend that you direct end their fugitive status. -4- the Department of Defense, at a minimum, to give these individuals an undesirable discharge in absentia. I have cited the above five categories of individuals as examples of the minimum action which I believe should be taken to complete President Ford's clemency program. I wish to emphasize my conviction that those actions would not alone reconcile the injustice produced by ignoring the military offenders while granting amnesty to civilian offenders. WAS you have often pointed out, disadvantaged young men did a disproportionate share of the fighting in Vietnam. It is unfair to continue to require them to pay a disproportionate share of the penalties as well. I urge you to extend your program of amnesty to military offenders. If I can be of further assistance to you, I would be glad to meet with you or whomever you designate. Respectfully yours, Charles E. Goodell /daw Enclosure The Honorable Jimmy Carter President The White House As former members of President Ford's clemency program, we strongly believe in the need for a national reconciliation after Vietnam. Recently, you pardoned all draft offenders in an effort to achieve that goal. While some of us differ on the avisability of granting blanket pardons to all draft evaders, we are all convinced that any measure of forgiveness which excludes "deserters" and other military offenders is incomplete. As a group, these individuals committed acts that were comparable in seriousness to those of draft evaders. In many respects, they are even more deserving of understanding and sympathy. A great many of them were poorly-educated, low-IQ youths from low-income families. Over 20% served full tours in Vietnam. Disadvantaged youths did a disproportionate share of the fighting in Vietnam. It is unfair to continue to have them pay a disproportionate share of the penalties, as well. We urge you to extend your program to military offenders. Sincerely, February 23, 1977 The Honorable Jimmy Carter President of the United States The White House Washington, D. C. 20500 Dear Mr. President: As the former Chairman of President Ford's Clemency Board, I strongly believe in the need for a national reconciliation after Vietnam. I believe the other members of the Clemency Board share my view in that regard, since they devoted substantial time and effort, at considerable sacrifice, to implement President Ford's clemency program. Recently, you pardoned all draft offenders in an effort to achieve the goal of reconciliation after Vietnam. Accepting that decision on your part, I would sincerely urge upon you that it is grossly unfair to ignore "military" offenders while dealing only with "civilian" offenders. My observation is based upon the more than 20,000 applications made to President Ford's clemency program, which provides us with the most accurate "sampling" of the type of individuals who committed civilian or military offenses during the Vietnam era. Twenty-seven percent of the military applicants to the Clemency Board had served in Vietnam. A very, very small number of those applicants, deserted ME combat conditions, and it should be noted that those who did could easily be excluded from any future clemency program. Most of the military applicants committed their AWOL offenses after they returned from Vietnam. For the most part, they were poorly educated, low IQ youths from low-income families. On the other hand, the civilian offenders who have now been pardoned were overwhelmingly white, middle-class and far better educated. I heard you speak movingly and eloquently during the campaign with about reference to those who served their country in Vietnam. It would be a tragic irony and injustice if they were left out of your new approach to reconciliation. , I understand, from experience, that the military and veterans groups vigorously resist further clemency to military offenders. They argue that the pardoning of military offenders would undermine military discipline and would make it difficult, if not impossible to draft young men at a time of national need in the future. I believe both of those arguments are lacious. Having served in both the Navy and the Air Force, I am confident that the military -2- services are perfectly capable of enforcing military discipline in the future, regardless of the exercise of Presidential clemency for those who have committed past offenses. I believe the history of amnesty actions in the past will bear that out. I also have no doubt that in a national conscription in time of true national need in the future would be unaffected by amnesty actions taken by you today. been, I personally opposed unconditional amnesty for either the civilian draft evaders or the military offenders. Nonetheless, if civilian offenders are to be pardoned, as they have I believe military offenders should be given equal consideration. If anything, their cause is even more compelling than that of the civilian offenders. I believe it is entirely feasible to construct a program of anmesty for military offenders which would avoid obvious pitfalls. Those who committed military offenses for which there is a comparable civilian offense could be excluded. Such an exclusion would cover offenses such as larceny, assault, murder, etc. In addition, those who deserted their comrades under fire or in combat zones could be excluded. I recommend to you the enclosed study entitled, Reconciliation After Vietnam, sponsored by the Center for Clemency Research at the University of Notre Dame. The authors, Lawrence M. Baskir and William A. Strauss, were high administrative officials in President Ford's Clemency Board and are internately acquainted with the nature of the problem. I believe their recommendations are eminently sensible and realistic. I respectfully urge you to utilize this study as a basis for further action on amnesty for military offenders. In addition, I would be remiss if I did not call to your attention several examples of military cases which cry out for further action from the President of the United States. Although I made recommendations on these cases to President Ford, they remain unacted upon. They are as follows: to Doard 1. There are about 250 cases of individuals who heroically in Vietnam. In many instances, they volunteered for extra- hazardous duty and re-upped for a second tour in Vietnam. President Ford's Clemency Board recommended that these individuals not only receive pardons, but also be awarded veterans' benefits. These cases were referred to the Department of Defense for action over a year ago, but I am informed that very few, if any, of those cases have been acted upon. -3- 2. Although the exact number is not clear, there are between 500 and 700 applicants to the Clemency Board who suffered physical disabilities while serving in Vietnam and are not eligible for medical benefits because of subsequent military offenses. JuClemency Board unanimously recommended that these individuals be granted medical benefits only, not general veterans' benefits. These individuals were injured in the service of their country and many of them now incur continuing medical expenses for injuries suffered in Vietnam. 90 my knowledge, no action has been taken on these cases, 3. One of the most difficult types of cases the Clemency Board faced involved individuals who had committed felonies after they left the service. Some of the Clemency Board members felt that they should be denied any benefit from President Ford's clemency program because of subsequent felonies, committed. Others on the Board felt that the Clemency Board should deal only with the indivi- dual's military record and should, therefore, ignore any felonies committed subsequent to military service. A majority of the Clemency Board rejected both of these approaches and separated the cases on the basis of the types of felonies subsequently committed. We generally denied clemency to those who had committed a felony involving violence to another human being. Those who committed crimes against property were generally granted clemency, if otherwise qualified under our standards, unless the property crimes were highly repetitive or there were aggravated circumstances. There are, I believe, about 800 felony cases which were referred to the Justice Department (Pardon Attorney's Office) with a recommendation from the Clemency Board that they be granted clemency. I am informed that they have not been acted upon. these military offenders 4. There are an unascertained number of individuals still performing alternative service under President Ford's clemency program. I recommended to President Ford at the end of his administration that he commute the remaining alternative service required of them. Civilian offenders have obviously been covered by the amnesty you have already declared for them, but military offenders continue to perform alternative service. I recommend that they be relieved of any further requirement of further alternative service immediately, whatever action you may take in extending your amnesty program to military offenders. and 5. There are an estimated 3,000 individuals who are still AWOL from the military who did not participate in President Ford's were eligible to receive immediately an undesirable discharge and no Hereby clemency program. I am sure many of them never realized that they longer be fugitives. Once again, whatever other action you may take to extend amnesty to military offenders, I recommend that you direct end their frigitive status. -4- the Department of Defense, at a minimum, to give these individuals an undesirable discharge in absentia. I have cited the above five categories of individuals as examples of the minimum action which I believe should be taken to complete President Ford's clemency program. I wish to emphasize my conviction that those actions would not alone reconcile the injustice produced by ignoring the military offenders while granting amnesty to civilian offenders. As you have often pointed out, disadvantaged young men did a disproportionate share of the fighting in Vietnam. It is unfair to continue to require them to pay a disproportionate share of the penalties as well. I urge you to extend your program of amnesty to military offenders. If I can be of further assistance to you, I would be glad to meet with you or whomever you designate. Respectfully yours, Charles E. Goodell /daw Enclosure April 5, 1977 Messrs. Baskir and Strauss Vietnam Offender Study 1826 Jefferson Place, N. W. Washington, D. C. 20036 Dear Larry and Bill: Thanks for the copy of your book. Hope we can get together shortly to talk about thaand other matters. With warm regard, I am Sincerely, /daw FORD i LIBRARY GERALD VIETNAM OFFENDER STUDY CENTER FOR CIVIL RIGHTS UNIVERSITY OF NOTRE DAME LAWRENCE M. BASKIR 1826 JEFFERSON PLACE. N.W. PROJECT DIRECTOR WASHINGTON. D. C. 20036 WILLIAM A. STRAUSS (202) 296-1767 DEPUTY DIRECTOR PADDY TALBOYS SHAKIN ADMINISTRATIVE SECRETARY March 25, 1977 RECEIVED APR 4 1977 Mr. Charles E. Goodell Hydeman, Mason and Goodell 1220 19th Street Washington, District of Columbia Dear Charlie: Now that our work is concluding we want to thank you for the time and help you have given us over the year. We enjoyed working with you, and we are very pleased at the success of the project. Our book "Chance and Circumstance" is now at the publishers and we expect it to be released next winter. We hope you enjoy it. With best wishes, Lay Lawrence M. Baskir Blu William A. Strauss LMB: hwp March 3, 1977 Ms. Margaret McKenna Counsel's Office The White House Washington, D. C. 20500 Dear Ms. McKenna: I am sending you the enclosed copy of the letter to President Carter. I am doing so as a result of discussions with Mike Cardozo last evening. Sincerely, Charles E. Goodell /daw Enclosures FORD i LIBRARY GERALD HYDEMAN, MASON & GOODELL 1220 NINETEENTH STREET, N.W. WASHINGTON, D. C. 20036 CHARLES E. GOODELL August 11, 1977 Rev. Mon. Francis J. Lally St. Johns Hall 4001 14th Street, N. E. Washington, D. C. 20016 Dear Monsignor Lally: Enclosed are two photographs taken at the White House which I thought you might like to have. You made an extremely important contribution to me and, I believe, the Presidential Clemency Board and I am grateful to you for your participation. I hope that our pthas will cross more often in the future. With warm regard, I am Very truly yours, /daw Enclosures & FORD GERALD HYDEMAN, MASON & GOODELL 1220 NINETEENTH STREET, N.W. WASHINGTON, D.C. 20036 CHARLES E.GOODELL August 11, 1977 Mr. James A. Maye 13821 Bansal Lane Silver Spring, Maryland 20906 Dear Jim: Enclosed are five photographs taken at the White House which I thought you might like to have. You made an extremely important contribution to me and, I believe, the Presidential Clemency Board and I am grateful to you for your participation. I hope that our paths will cross more often in the future. With warm personal regard, I am Very truly yours, /daw Enclosures : FORD GERALD HYDEMAN, MASON & GOODELL 1220 NINETEENTH STREET, N.W. WASHINGTON, D. C. 20036 CHARLES E.GOODELL August 11, 1977 Mr. John Everhard 136 Patrick Street, S. E. Apartment 234 Vienna, Virginia 22180 Dear John: Enclosed are two photographs taken at the White House which I thought you might like to have. I don't recall what we were getting such a big belly laugh out of in the Cabinet Room, but I think it is a nice picture. You made an extremely important contribution to me and, I believe, the Presidential Clemency Board and I am grateful to you for your participation. I hope that our paths will cross more often in the future. With warm regard, I am Very truly yours, /daw Enclosures FOR & GERALD HYDEMAN, MASON & GOODELL 1220 NINETEENTH STREET, N.W. WASHINGTON, D.C. 20036 CHARLES E.GOODELL August 11, 1977 Ms. Joan Vinson 2607 Childs Lane Alexandria, Virginia 22308 Dear Joan: Enclosed are three photographs taken at the White House which I thought you might like to have. I am sorry that in the larger photograph we only got the top of your head, but I thought you would like to have it. You made an extremely important contribution to me and, I believe, the Presidential Clemency Board and I am grateful to you for your participation. I hope that our paths will cross more often in the future. With warm regard, I am Very truly yours, /daw Enclosures GERALD R. FORD August 11, 1977 Dr. Ralph Adams 110 McKinley Drive Troy, Alabama 36081 Dear Dr. Adams: Enclosed are two photographartaken at the White House which I thought you might like to have. I think we participated in a very important episode in American history and I enjoyed the opportunity of being associated with you in that endeavor. With all good wishes, I am Very truly yours, /daw FORD & LIBRARY GERALD Enclosures August 11, 1977 Mr. Harry C. Riggs 1211 Wayland Street Plainview, Texas 79072 Dear Harry: Enclosed are two photographs taken at the White House which I thought you might like to have. I think we participated in a very important episode in American history and I enjoyed the opportunity of being associated with you in that endeavor. With all good wishes, I am Very truly yours, /daw Enclosures FORD i GERALD LIB HYDEMAN, MASON & GOODELL 1220 NINETEENTH STREET, N.W. WASHINGTON, D.C. 20036 CHARLES E.GOODELL August 11, 1977 Mr. Timothy L. Craig 307 South Renold P320 Alexandria, Virginia 22304 Dear Tim: Enclosed are four photographs taken at the White House which I thought you might like to have. Apparently, the photographer thought the back and side were the best views of you. You made an extremely important contribution to me and, I believe, the Presidential Clemency Board and I am grateful to you for your participation. I hope that our paths will cross more often in the future. With warm regard, I am Very truly yours, /daw Enclosures & FORD GERALD % HYDEMAN, MASON & GOODELL 1220 NINETEENTH STREET, N.W. WASHINGTON, D.C. 20036 CHARLES E.GOODELL August 11, 1977 Mrs. Aida O'Connor One Woodland Terrace Orangeberg, New York 10962 Dear Aida: Enclosed are six photographs taken at the White House which I thought you might like to have. You made an extremely important contribution to me and, I believe, the Presidential Clemency Board and I am grateful to you for your participation. I hope that our paths will cross more often in the future. With warm regard, I am Very truly yours, /daw Enclosures & FORD GERALD HYDEMAN, MASON & GOODELL 1220 NINETEENTH STREET, N.W. WASHINGTON, D.C.20036 CHARLES E.GOODELL August 11, 1977 Lewis B. Puller 1805 Windmill Lane Alexandria, Virginia 22307 Dear Lu: Enclosed are five photographs taken at the White House which I thought you might like to have. You made an extremely important contribution to me and, I believe, the Presidential Clemency Board and I am grateful to you for your participation. I hope that our paths will cross more often in the future. With warm regard, I am Very truly yours, /daw Enclosures & FORD GERALD HYDEMAN, MASON & GOODELL 1220 NINETEENTH STREET, N.W. WASHINGTON, D.C. 20036 CHARLES E.GOODELL August 11, 1977 Mr. John Kauffmann 620 Boyle Lane McLean, Virginia 22101 Dear Jack: Enclosed are four photographs taken at the White House which I thought you might like to have. You made an extremely important contribution to me and, I believe, the Presidential Clemency Board and I am grateful to you for your participation. I hope that our paths will cross more often in the future. With warm personal regard, I am Very truly yours, /daw Enclosures & FORD GERALD wt JOHN J. ENTERPRISES, LTD. 1629 K STREET, N.W. WASHINGTON, D.C. 20006 JOHN HOY KAUFFMANN 202-296-0311 PRESIDENT 202-296-8067 August 15, 1977 RECEIVED AUG 16 1977 Charles E. Goodell, Esquire Hydeman, Mason, & Goodell 1220 Nineteenth St., N.W. Washington, D.C. 20036 My dear Charlie, It was great hearing from you, and I can't thank you enough for the photographs. You know how thoroughly I enjoyed working with you on the Presidential Clemency Board. We made a hell of a lot more sense than our new President. Are you still interested in the Republican Party, or are you getting as bored as I am? Let's have lunch, but soon. I miss our friendship. Cordially, JHK: cm Lack FORD & LIURARY CERALD 3 15 AUG AUG15'77 - 1077 D.C Ph 865832 Charles E. Goodell, Esq. Hydeman, Mason, & Goodell 1220 Nineteenth ST., N.W. Washington, D.C. 20036 JOHN J. ENTERPRISES, LTD. 1629 K STREET, N.W. WASHINGTON, D.C. 20006 VH THE UNIVERSITY TROY STATE UNIVERSITY SYSTEM 03NSITUVIS FOUNDED 1887 OFFICE OF THE PRESIDENT TROY, ALABAMA 36081 Phone: (205) 566-3000 August 17, 1977 RECEIVED AUG 22 1977 The Honorable Charles E. Goodell Hydeman, Mason & Goodell 1220 Nineteenth Street, N.W. Washington, D. C. 20036 Dear Senator: This is just a few words to express my gratitude and thanks for your thoughtfulness and kind consideration for sending me the two White House photographs including you and President Ford and other members of the Board. These photographs are priceless and will always be treasured. With warm regards and best wishes, I am Yours sincerely, Ralph Adams President Ragh RWA:jqm P.S. Should you ever be in Alabama, we would be honored if you would favor us with a visit. & FORD GERALD Troy State University Troy State University Troy State University Troy State University Main Campus in Montgomery in Dothan/Fort Rucker in Europe August 18, 1977 Mr. John A. Everhard King, Biddle and Everhard Suite 524 Southern Building 805 - 15th Street, N. W. Washington, D. C. 20005 Dear John: Thank you for your very generous note of August 15, 1977. As I am sure you are aware, you were a stalwart on the Clemency Board and in many ticklish situations you performed the work of Solomon. This was particularly true in the latter days when fatigue, harried nerves and some other complications made our job more difficult. It doesn/t seem possible that that was two years ago. I am delighted at your thoughtful invitation to join you at the theater. It will be a real pleasure to see you again and I hope that the date will not present any irreconcilable conflicts. I am sure Pat would love to see "A Chorus Line" too. She mentioned trying to get tickets to that show, but she never got around to it and it is probably too late now. She has been accepted as a fellow at the Kennedy Institute this fall, beginning in mid-September, and has a trip to the West Coast planned in early September! so she may not be able to make it. At any rate, we can deal with that when we know the date. Thank you for your thoughtfulness, and I look forward to seeing you. With warm regard, I am Sincerely, Charles E. Goodell /daw i FORD GERALD LAW OFFICE OF KING, BIDDLE AND EVERHARD CHARTERED THOMAS H. KING SUITE 524 SOUTHERN BUILDING MAURICE F. BIDDLE 805 FIFTEENTH STREET, N. W. CHARLES M. MUNNECKE WASHINGTON, D.C. 20005 JOHN A. EVERHARD PAUL A. KIEFER PHONE: (202) 347-6144 August 15, 1977 Honorable Charles E. Goodell HYDEMAN, MASON & GOODELL 1220 Nineteenth Street, N.W. Washington, D.C. 20036 Dear Charlie: I very much appreciate having the pictures you sent me, but I appreciated even more your thoughtful and generous approbation. I believed that our task was important, meaningful and worthwhile. I will always be proud that you and President Ford saw fit to give me this opportunity to serve our National interests. In addition, working for you was a career enriching and rewarding experience for me. I felt you handled a frustrating, complex and demanding assignment with finesse, judgment and sagacity. I have made good use of the lessons in statesmanship I learned under your leadership, and I would be delighted to work for you again, anytime. Meanwhile, I am not content to leave to chance the opportunity to see you again. I made an early application for box seat tickets to the hit show, "A Chorus Line." I don't have the tickets yet, but assuming I get them, I would be pleased to have you and your guest join me and Yvonne for an evening of dinner and theater. Subject to your availability on the date to be determined. I hope you will be agreeable to an acceptance. Things have been doing quite well for me in private practice, and I enjoy it tremendously. Sincerely, John A JOHN A. EVERHARD JAE/mw STATES UNITED CATHOLICE UNITED STATES CATHOLIC CONFERENCE Department of Social Development and World Peace CONFERENCE 1312 MASSACHUSETTS AVENUE N.W., WASHINGTON, D.C. 20005 Office of the Secretary August 23, 1977 Mr. Charles E. Goodell RECEIVED AUG 29 1977 Hydeman, Mason & Goodell 1220 Nineteenth Street, N.W. Washington, D. C. Dear Charlie: You were good to send along the pictures taken at the White House. They will be pleasant souvenirs of our days on the Clemency Board. It seems a long time back now but, under your leadership, I am confident we accomplished something meaningful for America. Very sincerely, Nal (Rev. Msgr.) Francis J. Lally & FORD RALD Thankyou Sept 14 Dear Charlie: Thanks for the photographs- I Appreciat your kindness They bring brok fond memories of our Association with the many dedicated members and WORKERS onthe olemency Board I feel that each And every one WAS dedicated And we can be proud of the job that WAS Accomplished. Again [ thank you for the opportunity of servy R. FORD LIB with you. Sincerely, GERALD Harry PROCLAIM LIBERTY II HARRY OSSO USA 13c 121 AYL AND ST PLAINVIEW TEX: 79072 if SE THROUGHOUT UGHOUT ALLTHE LAND THE TIV Mr Charles M. Goodell Hydeman, MASON - Goodell 1220 NiNeteenth St. N.W. Washington, D.C. 20036 RECEIVED 19 197 PUC PRINCE WILLIAM COUNTY, VA. COUNTY ATTORNEY December 13, 1977 Senator Charles A. Goodell Hydeman, Mason and Goodell 1220 19th Street, N. W. RECEIVED DEC 10 1977 Washington, D. C. 20036 Dear Senator Goodell: This morning I received copies of the photographs taken the day of the Rose Garden ceremony with President Ford. I appreciate very much your have taken the time to see that I received them. I confess that I was unable to recognize myself without the beard that currently renders me completely hirsute. You will note from the letterhead that I have left the Federal Government and have become a simple country lawyer. It is only a shame that Dulles Airport is not in Prince William County else we might meet one day in Court. Given the engine trouble that the craft has recently, and repeatedly, manifested, I consider it possible we might still have a Concorde landing in the County. I trust that business is going well for you. I would expect nothing else. I shall await to hear soon that you have made your move for the 1980 Republican nomination. For your records, Ray Mitchell is practicing law in Ocean Springs, Mississippi, where he is becoming a leading light of the legal community, notwithstanding a complete absence of talent. His address is P. O. Box 836, Ocean Springs, Mississippi 39564, and his Office phone number is (601) 875-1431, and he sent his regards to you this morning when I spoke with him. Sincerely yours, JOHN H. FOOTE Deputy County Attorney & FORD GERALD JHF/vc 9201 CHURCH STREET * MANASSAS, VA. 22110 (703)368-9171 PROCLAIM LIBERTY USA13c PRINCE WILLIAM COUNTY, VA. 9250 - AVENUE 9201 Church St. MANASSAS, VIRGINIA 22110 NORTHERN 14 VIRGINIA PM DEC 1977 Senator Charles A. Goodell Hydeman, Mason and Goodell 1220 19th Street, N. W. Washington, D. C. 20036 INTERNAL ZIP