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Questions and Answers (2)
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Charles E. Goodell Papers
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The original documents are located in Box 9, folder "Questions and Answers (2)" of the
Charles E. Goodell Papers at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Charles Goodell donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box 9 of the Charles E. Goodell Papers at the Gerald R. Ford Presidential Library
IF A DRAFT EVADER COMES ACROSS THE BORDER AND
DECIDES HE DOESN'T LIKE THE PROGRAM, MAY HE
LEAVE?
NO. HE DOES NOT COME BACK WITH IMMUNITY FROM
PROSECUTION. HE, IN FACT, SUBMITS TO THE JURISDICTION
OF THE FEDERAL COURT.
HOW LONG DO THEY HAVE TO REPORT TO THE U. S.
ATTORNEY?
15 DAYS.
GEGALD R. FORD
IF A DRAFT EVADER HAS OUTSTANDING ARREST WARRANTS
AGAINST HIM, CAN HE APPLY FOR THE PROGRAM?
YES, BUT THE WARRANTS SHOULD BE CLEARED BY THE
US ATTORNEY BY REQUESTING THE MAGISTRATE TO RELEASE
THE INDIVIDUAL ON PERSONAL RECOGNIZANCE.
YORK
ABRALD
HOW MANY DRAFT EVADERS ARE UNDER INVESTIGATION BY THE DEPARTMENT
OF JUSTICE?
ABOUT 2,500 AND ROUGHLY 4,300 HAVE ALREADY BEEN INDICTED.
ISN'T THE NUMBER OF 12,500 ONLY A FRACTION OF THE TOTAL NUMBER
OF DESERTERS -- 500,000?
YES, BUT ONLY 12,500 HAVE NOT RETURNED OR WHO HAVE NOT BEEN
APPREHENDED.
FORD
BERALD
IF AN INDIVIDUAL INQUIRES ABOUT A POSSIBLE SELECTIVE
SERVICE VIOLATION, AND IF THERE ARE CHARGES AGAINST
HIM, WHAT WILL HAPPEN?
WE ARE ADVISED, THAT HE WILL BE PURSUED, IF HE DOES
NOT REPORT.
WHAT IF AN INDIVIDUAL IS NEITHER UNDER INDICTMENT
NOR INVESTIGATION FOR A SELECTIVE SERVICE VIOLATION
AND THEN REPORTS AND ADMITS TO SUCH AN OFFENSE?
HE WILL BE SUBJECT TO PROSECUTION UNLESS HE MAKES
AN AGREEMENT TO DO ALTERNATIVE SERVICE.
&
FORD
GERALD
IF THE INDIVIDUAL REFUSES TO SIGN AN AGREEMENT WITH
THE DEPARTMENT OF JUSTICE, WILL HE BE PROSECUTED?
YES, ELIGIBLE DRAFT EVADERS WHETHER OR NOT RETURNING
FROM OUTSIDE THE UNITED STATES, ARE SUBJECT TO PRO-
SECUTION IF THEY DO NOT MAKE AN AGREEMENT TO PERFORM
ALTERNATIVE SERVICE WITH THE UNITED STATES ATTORNEY
FOR
is
GERALD
IF AN ALLEGED VIOLATOR IS APPREHENDED BEFORE
JANUARY 31, 1975, WILL HE BE ALLOWED TO APPLY
FOR THE CLEMENCY PROGRAM?
YES. HE WILL BE TREATED AS IF HE VOLUNTARILY
PRESENTED HIMSELF TO THE U.S. ATTORNEY.
FORD
SERVICE
GRALD
IN THE DETERMINATION OF ALTERNATE SERVICE WILL
THE APPLICANT HAVE RIGHT TO COUNSEL?
YES. (1) HE WILL BE PERMITTED TO HAVE COUNSEL
PRESENT, (2) PRESENT WRITTEN INFORMATION ON HIS
BEHALF, (3) MAKE AN ORAL PRESENTATION AND (4) HAVE
COUNSEL MAKE AN ORAL PRESENTATION.
FORD
GERALD
THE DRAFT CAME TO AN END, JULY 1, 1973. DOES THIS
MEAN THERE WILL BE NO PROSECUTIONS FOR FAILURE
TO REGISTER AFTER THAT DATE?
NO. ABSENT COMPELLING REASONS WHICH MAY MITIGATE
THE OFFENSE, THE CASE WILL BE PROSECUTED.
WHAT WOULD BE SOME MITIGATING FACTORS?
IF A REFUSAL TO REGISTER WAS NOT OPEN, NOTORIOUS
OR OF LONG DURATION, ALSO IF THERE IS CONTRITION
AND THE INDIVIDUAL DOES REGISTER. IGNORANCE OF
THE LAW IS ALSO A MITIGATING FACTOR.
FORD
GERALD
IS AN APPLICANT ADVISED OF HIS RIGHT TO COUNSEL
BEFORE ENTERING INTO AN AGREEMENT FOR ALTERNATE
SERVICE?
CERTAINLY. AND UNLESS I AM MISTAKEN, THE DEPARTMENT
OF JUSTICE WILL ADVISE RETURNEES OF THEIR RIGHT TO
COUNSEL. OF COURSE I CANNOT SPEAK FOR THE DEPARTMENT
OF JUSTICE, BUT I CANNOT IMAGINE AN APPLICANT NOT BEING
ADVISED.
R.FORD
BERALD
IF A MAN LEAVES THIS COUNTRY TO AVOID THE DRAFT AND OBTAINS
FOREIGN CITIZENSHIP, WILL HE BE ELIGIBLE FOR THE CLEMENCY
PROGRAM ?
NO. THE PROCLAMATION SPECIFICALLY EXCLUDES DRAFT EVADERS
WHO FLED THE COUNTRY AND OBTAINED FOREIGN CITIZENSHIP. THIS
IS SPELLED OUT IN 8 USC 1182.
GETALD R. FORD
WHO IS ELIGIBLE UNDER THE DOD PROGRAM?
ALL INDIVIDUALS WHO HAVE BEEN CARRIED ADMINISTRATIVELY AS
A DESERTER THAT IS - IN AWOL STATUS - OVER 30 DAYS -
BETWEEN MAY, 1964, AND MARCH 28, 1973.
WHAT FACTORS ARE CONSIDERED?
1. LENGTH OF SATISFACTORY SERVICE PRIOR TO ABSENCE.
2. LENGTH OF SERVICE IN SOURTHEAST ASIA IN HOSTILE FIRE ZONE.
3. AWARDS AND DECORATIONS RECEIVED.
4. WOUNDS OCCURRING IN COMBAT.
5. NATURE OF EMPLOYMENT DURING PERIOD OF ABSENCE.
6. OTHER CONSIDERATIONS.
SECRED FORD
IF A MILITARY ABSENTEE, WHOSE CASE IS WITHIN THE
JURISDICTION OF THE DOD, ASKS FOR INFORMATION,
WHERE HE IS REFERRED?
HE IS GIVEN THE INFORMATION THAT HE NEEDS FROM
THE LIST THAT FOLLOWS:
(1) ARMY - US ARMY CLEMENCY INFORMATION POINT,
FT BEN HARRISON, IN, 46216 (317) 542-3417.
(2) NAVY - CHIEF OF NAVAL PERSONNEL (PERS 83).
DEPARTMENT OF THE NAVY, WASHINGTON, DC 20320.
(202) 694-2007.
(3) MARINE CORPS - HEADQUARTERS, US MARINE CORPS
(CODE MC), WASHINGTON, D.C. 20380. (202) 694-8526.
(4) AIRFORCE - - U.S. AIR FORCE CLEMENCY INFORMATION
POINT RANDOLPH AIR FORCE BASE, TX 78148.
(512) 652-4104.
FORD
&
RALD
X
WHAT OFFENSES DO ARTICLES 85, 86, AND 87 COVER?
1. ARTICLE 85: DESERTION
2. ARTICLE 86: ABSENCE WITHOUT LEAVE
3. ARTICLE 87: MISSING MOVEMENT (i.e., ANY PERSON WHO, THROUGH
NEGLECT OF DESIGN, MISSES THE MOVEMENT OF A SHIP, AIRCRAFT,
OR UNIT)
WHAT OFFENSES DO. SECTIONS 12 AND 6 (j) OF THE MILITARY SELECTIVE
SERVICE ACT COVER?
THESE OFFENSES ARE:
1. FAILURE TO REGISTER OR REGISTER ON TIME.
2. FAILURE TO KEEP THE LOCAL BOARD INFORMED OF CURRENT
ADDRESS.
3. FAILURE TO REPORT FOR OR SUBMIT TO PREINDUCTION OR
INDUCTION EXAMINATION.
4. FAILURE TO REPORT FOR OR SUBMIT TO INDUCTION ITSELF.
5. FAILURE TO REPORT FOR OR SUBMIT To, OR COMPLETE ALTERNATIVE
SERVICE UNDER SECTION 6(j) OF THE ACT.
BERALD PERALDR. FORD
PARDON RE MILITARY
CAN THE PRESIDENT PARDON MILITARY OFFENSES?
YES, HE CAN PARDON ALL OFFENSES AGAINST THE UNITED STATES,
JUDICIAL AND NON-JUDICIAL. HE MAY REMIT ALL PENALTIES IN-
FLICTED BY A SENTENCE OF COURT-MARTIAL, OR BY ADMINISTRATIVE
ACTION. HE CANNOT, HOWEVER, RE-INSTATE A MEMBER OF THE ARMED
FORCES ONCE HE IS SEPARATED.
WHAT EFFECT DOES A PARDON HAVE ON THE CHARACTER OF A MILITARY
DISCHARGE?
A PARDON DOES NOT ITSELF CHANGE THE CHARACTER OF A DISCHARGE. THE
ARMED FORCES HAS ADOPTED THE RULE OF LAW SET FORTH IN CIVILIAN
CASES THAT A PARDON DOES NOT MAKE AMENDS FOR THE PAST. THE PRESIDENT
DOES HAVE STATUTORY AUTHORITY AS COMMANDER IN CHIEF TO UPGRADE DIS-
CHARGES, BUT THAT AUTHORITY DOES NOT DERIVE FROM HIS PARDONING POWER.
GERALD FORD
WHAT IF A RETURNEE DRAFT EVADER DOES NOT THINK HE HAS BEEN
TREATED FAIRLY?
IF HE REFUSES ALTERNATIVE SERVICE, HE WILL BE PROSECUTED.
WHAT OPTIONS DOES A DESERTER HAVE WHEN HE TURNS HIMSELF IN?
1. OPPORTUNITY TO REQUEST DISCHARGE FOR GOOD OF SERVICE.
2. MAY APPLY FOR AND BE RETURNED TO DUTY.
3. IF AN OFFICER, HE WILL BE GIVEN OPTION OF RESIGNATION
IN LIEU OF TRIAL BY COURT-MARTIAL.
4. IF TERMS OF CLEMENCY PROGRAM ARE REFUSED, HE WILL BE
PROCESSED IN ACCORDANCE WITH PRESENT SYSTEM.
GERALD FORD
A MAN WITHOUT A CONVICTION WHO DOES ALTERNATIVE SERVICE
WILL NOT HAVE A CRIMINAL RECORD. YET A CONVICTED DRAFT
VIOLATOR MUST LIVE WITH HIS RECORD EVEN AFTER HE RECEIVES
HIS PARDON. IS THAT FAIR?
NO. BUT AS A MATTER OF LAW, A PARDON DOES NOT EXPUNGE A RECORD
AND ULESS THERE IS A CHANGE IN THE LAW, IT IS AN INEQUITY THAT
WE WILL HAVE TO LIVE WITH.
IF AN INDIVIDUAL BECOMES A CITIZEN OF CANADA, IS HE INELIGIBLE
TO APPLY FOR CLEMENCY?
YES. THE PRESIDENT'S PROCLAMATION SPECIFICALLY EXCLUDES THOSE
PERSONS WHO LEFT THE COUNTRY TO AVOID THE DRAFT AND WHO HAVE
BECOME CITIZENS OF A FOREIGN COUNTRY. THEY ARE EXCLUDABLE
ALIENS UNDER 8 U.S.C. 1182.
FORD
DOD
HOW MANY DESERTERS ARE STILL AT LARGE?
12,500
HOW MANY HAVE HAD OTHER CHARGES AGAINST THEM?
ABOUT 2%
EPALE & FORD
HOW MUCH ALTERNATIVE SERVICE GIVEN IN DOD PROGRAM?
NORMALLY, 24 MONTHS. BUT THIS MAY BE REDUCED DEPENDING ON
CERTAIN FACTORS.
FORD
ARE ELIGIBLE RETURNEES PAID TRAVEL EXPENSES
TO TURN THEMSELVES IN?
YES. FROM POINT OF RETURN TO MILITARY CONTROL
AND THEN TO THE SEPARATION POINT.
WHAT DOES A CLEMENCY DISCHARGE DO FOR A MAN?
IT IS GIVEN IN RECOGNITION OF SATISFACTORY COMPLETION
OF ALTERNATIVE SERVICE PURSUANT TO PRESIDENTIAL
PROCLAMATION NO. 4313.
F. FORD
ALTERNATIVE SERVICE
WHO ADMINISTERS THE ALTERNATIVE SERVICE PROGRAM?
THE DIRECTOR OF SELECTIVE SERVICE HAS BEEN DESIGNATED
BY THE PRESIDENT TO ADMINISTER WHAT SELECTIVE SERVICE
CALLS THE RECONCILIATION SERVICE PROGRAM.
&
rond
GERALD
SELECTIVE SERVICE:
WHO IS RESPONSIBLE FOR PLACING PEOPLE IN ALTERNATIVE SERVICE
WORK?
THE STATE SELECTIVE SERVICE DIRECTORS.
WILL AN APPLICANT HAVE AN OPPORTUNITY TO WORK WHERE HE WANTS TO?
EVERY OPPORTUNITY WILL BE MADE TO ACCOMMODATE THE APPLICANT.
FORD
WHEN DOES A RECIPIENT OF CLEMENCY REPORT FOR
ALTERNATIVE SERVICE?
ONCE AN APPLICANT'S ALTERNATIVE SERVICE REQUIREMENT
HAS BEEN DETERMINED, THE ORGANIZATION THAT ACTED
UPON HIS CASE WILL WRITE TO HIM. IT WILL INFORM THE
RECIPIENT OF CLEMENCY OF THE AMOUNT OF ALTERNATIVE
SERVICE THAT HE SHOULD PERFORM. IF THERE IS ANY, THE
LETTER WILL STATE ALSO THAT HE HAS 15 DAYS TO REPORT
IN PERSON TO A SELECTIVE SERVICE OFFICE. WHEN THE
PERSON REPORTS AND ENROLLS IN THE RECONCILIATION
SERVICE PROGRAM, HE WILL HAVE TO INDICATE HIS PLACE
OF RESIDENCE. THE STATE DIRECTOR OF THE STATE WHERE
THE PERSON LIVES WILL HAVE PRIMARY RESPONSIBILITY FOR
THE MAN'S PLACEMENT INTO AN ALTERNATIVE SERVICE JOB.
FORD
WHAT IS THE PROCESS FOR ASSIGNING A RECIPIENT TO
ALTERNATIVE SERVICE?
A RECIPIENT OF CLEMENCY WILL HAVE 30 DAYS TO START
WORK ON AN APPROVED JOB AFTER THE DATE OF HIS
ENROLLMENT. IF HE WISHES TO LOCATE AN APPROVABLE
JOB OF HIS OWN CHOOSING, HE WILL BE GIVEN 20 DAYS
IN WHICH TO DO so. THE STATE DIRECTOR WILL BE GLAD
TO ASSIST HIM IN LOCATING HIS OWN JOB DURING THIS
PERIOD.
THE JOB MUST BE WITH AN ELIGIBLE EMPLOYER AND MUST
BE A REGULAR FULL-TIME JOB. HE WILL NOT BE PERMITTED
TO WORK ON AN "ON CALL" OR "PERSONAL CONVENIENCE"
BASIS.
IF HE FINDS A JOB, THE EMPLOYER AND THE JOB MUST BE
APPROVED BY THE STATE DIRECTOR OF SELECTIVE SER-
VICE. ONLY SELECTIVE SERVICE CAN GIVE SUCH APPROVAL.
IF THE RECIPIENT DOES NOT SUBMIT AN APPROVABLE JOB
TO THE STATE DIRECTOR WITHIN A 20-DAY PERIOD AFTER
HIS ENROLLMENT, THE STATE DIRECTOR WILL ASSIGN
THE RECIPIENT TO ONE OF THE JOB OPENINGS AVAILABLE.
THE STATE DIRECTOR WILL DO THIS WITHIN 30 DAYS.
WHAT ARE THE GUIDELINES FOR APPROVABLE ALTERNATIVE
SERVICE EMPLOYMENT?
THAT THE EMPLOYMENT: (A) PROMOTES THE NATIONAL
HEALTH, SAFETY, OR INTEREST, (B) THAT IT IS WITH A
NON-PROFIT ORGANIZATION, AND (C) THAT IT DOES NOT
INTERFERE WITH THE COMPETITIVE LABOR MARKET. IF
ANY PERSON, OTHER THAN ANOTHER RECIPIENT OF
CLEMENCY WHO HAS TO PERFORM ALTERNATIVE SERVICE,
WANTS THE JOB, THE PERSON WHO IS PERFORMING ALTER-
NATIVE SERVICE CANNOT HAVE IT.
HOW DOES A PROSPECTIVE EMPLOYER APPLY FOR AN
ALTERNATIVE SERVICE EMPLOYEE?
IF A NON-PROFIT ORGANIZATION WISHES TO BE CONSIDERED
AS AN ALTERNATIVE SERVICE EMPLOYER, A REPRESENTATIVE
OF THAT ORGANIZATION SHOULD CONTACT A STATE DIRECTOR.
IF THE EMPLOYMENT MEETS THE ALTERNATIVE SERVICE
REQUIREMENTS, THE JOB WILL BE PUT IN THE STATE DIRECTOR'S
"BANK" OF JOBS.
HOW MANY PEOPLE HAVE BEEN PLACED so FAR?
AS OF NOVEMBER 18, THERE WERE 1218 ENROLLED WITH
SELECTIVE SERVICE; 177 ACTUALLY AT WORK; 414
RETURNED TO WORK; AND 477 SEEKING THEIR OWN
POSITIONS.
SELECTIVE SERVICE ALLOWS REGISTRANT TO FIND HIS
OWN JOB?
YES, IF HE MEETS THE CRITERIA ESTABLISHED BY
SELECTIVE SERVICE.
WHAT HAPPENS UPON COMPLETION OF ALTERNATIVE
SERVICE?
WHEN A PERSON SATISFACTORILY COMPLETES HIS
RECONCILIATION SERVICE, THE DIRECTOR OF SELECTIVE
SERVICE WILL ISSUE A CERTIFICATE OF COMPLETION TO
THAT PERSON AND SEND A COPY OF IT TO THE ORGANIZATION
THAT CONSIDERED THE PERSON'S CASE.
FORD
give
IF AN APPLICANT REGISTERS FOR ALTERNATIVE SERVICE,
WILL HE BE GIVEN CREDIT FOR THAT PERIOD OF TIME
SPENT WAITING FOR EMPLOYMENT THROUGH SELECTIVE
SERVICE?
THE STATE DIRECTOR WILL ASSIGN A RETURNEE TO A
RECONCILIATION JOB WITHIN 30 DAYS AFTER HE REPORTS
IN PERSON TO SELECTIVE SERVICE. IF HE IS NOT PLACED
IN THAT PERIOD OF TIME HE WILL BE GIVEN "GOOD TIME"
FOR THE DELAY. HE WILL BE GIVEN "GOOD TIME" FOR PERIODS
BETWEEN RE-ASSIGNMENT PROVIDING HIS FORMER SERVICE
SATISFACTORILY.
FORD
WHAT KINDS OF JOBS WILL BE AVAILABLE TO THESE MEN?
THE PROGRAM REQUIRES THAT EMPLOYMENT MUST INVOLVE NATIONAL
HEALTH, SAFETY OR INTEREST, NAD (2) THERE MUST BE NO INTER-
FERENCE WITH THE COMPETITIVE LABOR MARKET. THE APPLICANT
CANNOT BE ASSIGNED TO A JOB WHERE THERE ARE MORE NUMEROUS
QUALIFIED APPLICANTS THAN THERE ARE SPACES AVAILABLE. THIS
RESTRICTION DOES NOT PROHIBIT THE APPROVAL OF SPECIAL PRO-
GRAMS ESTABLISHED BY THE DIRECTOR OF SELECTIVE SERVICE.
HOW WILL THE REGISTRANT BE COMPENSATED?
THEY WILL BE COMPENSATED ENOUGH TO PROVIDE A STANDARD OF LIVING
COMPARABLE TO WHAT THAT PERSON WOULD HAVE RECEIVED IN SERVICE.
FCDD
WHAT ABOUT WAGES?
THE WAGES THAT THE RECIPIENT OF CLEMENCY RECEIVES
WILL BE PAID BY HIS EMPLOYER. NO SPECIFIC PUBLIC
FUNDS ARE AVAILABLE TO PAY FOR ALTERNATIVE SERVICE
JOBS; HOWEVER, IF PUBLIC FUNDS HAVE BEEN ALLOCATED
FOR A JOB AND AN INDIVIDUAL WHO IS DOING ALTERNATIVE
SERVICE IS THE ONLY ONE WHO WANTS THE JOB, HE MAY BE
PAID WITH THE ALLOCATED PUBLIC FUNDS.
A RECIPIENT OF CLEMENCY WILL RECEIVE THE SAME PAY
AND BENEFITS AS ANY OTHER EMPLOYEE WOULD WHO
OCCUPIED THE SAME POSITION AND THE SAME EXPERIENCE
AND SKILLS. WHENEVER POSSIBLE, A RECIPIENT WILL BE
PLACED IN A JOB WHERE HE CAN USE HIS TRAINING AND
EXPERIENCE.
WILL THE TALENTS OR PROFESSIONAL SKILLS OF THE
REGISTRANT BE UTILIZED?
DEFINITELY, WHENEVER AND WHEREVER POSSIBLE.
WHAT IF A RETURNEE IS REFUSED EMPLOYMENT WHEN
SENT OUT ON A JOB, OR HE IS TERMINATED?
A NEW JOB WILL BE FOUND. IF HE HAS BEEN TERMINATED,
A NEW JOB WILL BE ASSIGNED.
FORD
GENERALLY, WHAT KINDS OF JOBS WILL BE AVAILABLE?
HOSPITALS
MENTAL HEALTH CENTERS
RESEARCH CENTERS
PUBLIC SERVICE ORIENTATED PROGRAMS
COMMUNITY CENTERS
LEGAL SERVICE CENTERS
FREE CLINICS
CHURCHES
RELIEF SERVICES
ENVIRONMENTAL PROGRAMS
WILL IT BE DIFFICULT TO PLACE PEOPLE?
YES, BUT NOT IMPOSSIBLE.
R.FORD
DO YOU HAVE ANY IDEA WHAT THE AVERAGE WAGE
IS?
YES. AS OF MAY, 1973, IT WAS $402 PER MONTH FOR
PEOPLE DOING ALTERNATE SERVICE.
MAY A REGISTRANT WORK PART-TIME?
NO. HE MUST PUT IN A FORTY HOUR WORK WEEK.
FORD
IF A DRAFT EVADER COMPLETES ALTERNATE SERVICE,
WILL BE BE PROSECUTED?
NO.
ARE YOU SURE JOBS WON'T BE COMPETITIVE WITH LABOR
MARKET?
YES. SELECTIVE SERVICE TELLS US THAT NONE OF THE
13,000 PEOPLE NOW DOING ALTERNATIVE SERVICE, NONE
ARE IN COMPETITION WITH LABOR MARKET.
FORD
Question: Mr. Goodell, you've spent a considerable amount of time
describing the lack of education and sophistication of the potential
applicants under the Board's jurisdiction. Originally, perhaps you may
have expected that those applicants might be part of an evader and
deserter communications network. What you have found, however,
is that since these are frequently not ideological applicants, they are
not part of such a network. Particularly given the nature of your
applicants, then, is it not necessary to have an extension of the
application deadline, so that more of them can become aware of the
clemency program?
Answer: It is true that most of our applicants probably are not "wired
in" to the evader/deserter communication network. We have, however,
taken several steps to ensure that they do learn about the program.
(1) We have disseminated our notice of proposed rulemaking to
every counselling organization and every lawyers' organizations
which we are aware of, down to the local level. I might add
that we have sent the regulation to every Senator and Congressman
for comment and for use in counselling troubled constituents
who come to you asking whether they should take part in the
program.
(2) We have produced and are distributing a series of public
service radio and television spots.
(3) We have held several press conferences announcing the
Board's actions, and the President held a public signing
ceremony for the first set of pardons.
10ND
Question: Has your Board been operating pursuant to the Administra -
tive Procedures Act?
Answer: Since the Board is not empowered to make final decisions,
but only to advise the President with respect to clemency, the
Administrative Procedures Act does not apply to us. Moreover, the
pardon power is inherently discretionary, and cannot be trammelled
by any procedural requirements.
Notwithstanding that legal fact, the Board has taken to heart the spirit
of the Administrative Procedures Act, and has operated within its
framework. We have made public every single guideline on the basis
of which the Board operates. We have published a notice of proposed
rule-making which summarizes all of the Board's guidelines, and have
solicited comments on that proposed rulemaking. Having incorporated
those comments into Board policy, we intend to publish a final regulation
within the next several days.
Even before publication in the Federal Register, we had made public the
Board's initial guidelines in a press conference which I held in early
October, and we distributed those procedural and substantive guidelines
to anyone who requested them.
FORD LIBRARI & 8788
Question: It is clear that the pattern of decision-making differs
radically between the three parts of the President's clemency
program. Where the Board and the Department of Defense have been
sticklers about due process, the Justice Department has been much
less concerned about procedural rights. Where the Board has been
truly clement in its substantive decisions on length of alternate
service, the Department of Justice and of Defense have required 24
months of alternate service from almost all applicants for clemency
under their jurisdictions.
Doesn't this suggest that a tripartite structure is unwieldy and ill-suited
to carrying out the President's intent? Does it not suggest that the
Clemency Board ought to be given jurisdiction over all parts of the
program, at least in the form of supervisory responsibility over the
way that Justice and Defense conduct their parts of the program?
Answer: If the criminal justice and military justice processes are to
be maintained, we cannot have any structure besides the one which the
President has promulgated. The people who come to Justice have not
yet gone through the criminal justice process, and it would be a
denigration of that process if it were ignored. Similarly, the people
in the military's jurisdiction under the clemency program have thus
far not gone through the military justice process, and that process
would be dishonored if they were not brought into it. The Clemency
Board's jurisdiction has been carefully drawn precisely so that the
Board deals only with people who have exhausted their remedies within
the criminal justice and military justice processes, and whose last
resort is a plea to the President.
Follow-Up Question: But we are not suggesting, Senator Goodell, that
people in the Justice and Defense Departments' jurisdiction should
have their cases removed to the Board instead. Rather, perhaps the
Board could simply examine Justice's and Defense's dispositions to
ensure consistency with the President's intent of "clemency", and with
the President's dispositions in cases before the Board.
Answer: Presidential interference in the normal criminal justice
process is in part what Watergate was all about, and what the previous
Administration was criticized for. We cannot very well do it on issues
in which the outcome happens to be to our liking, and then expect future
Administrations not to interfere in the criminal justice process in ways
which we here today might not find so pleasing at all.
FOND
it
RENALD
- 2 -
Moreover, it is specious to draw a comparison between the cases
before the Board and the cases before the other parts of the clemency
program. The Board deals only with the cases of the already convicted and
discharged--those who have already been punished. Our people should
have different--perhaps more clement--dispositions that the applicants
under the jurisdiction of Justice and Defense, since our applicants
have for the most part already paid much of their debt to society.
100)
GERALD
Question: Senator, at a time when veterans are unemployed all
across the nation, how can you countenance giving alternate service
jobs to evaders and deserters who probably wouldn't be able to get
jobs otherwise?
Answer: The President contemplated that problem when the
clemency Proclamation was initially drawn up, and the problem was
resolved in such a way that clemency applicants doing alternate
service can never be competitive with veterans seeking ordinary
jobs. This is so for two reasons:
(1) Clemency applicants performing alternate service are
explicitly barred from receiving compensation higher
than they would receive if they were entering the armed
forces, and
(2) The Proclamation specifically bars the government from
placing any clemency applicant in a job for which there
may be competition from anyone else not involved in the
clemency program. Alternate service positions will for
the most part be subsistence-pay positions in non-profit
organizations which are not normally part of the labor market,
and which would not be attractive to a veteran who is not
part of the clemency program.
Question: Why does the Clemency Board not guarantee personal
appearances before it as a matter of right? Particularly in the case
of the kinds of people whom you have before your Board--the
inarticulate, those who cannot well prepare legal briefs, those who
may be unable to acquire a lawyer or suspicious of one--is not a
personal appearance necessary to ensure that the Board really gets
a sense of the whole person, and gives him a fair shake?
Answer: Assume 1500 applications, a not unreasonable number when
you consider that we have 800 now. I expect that we will have many
more than 1500 as the application deadline nears. Assume 15 minutes
per applicant. That comes out to 375 hours of personal appearances
--assuming the Board were to do no decision-making, no consideration of
its rules, no other work. It's impossible.
GERMED
Question: Under the Proclamation, the Clemency Board has
jurisdiction not only over draft offenses and unauthorized
absence offenses, but also over "related offenses. " Which
other offenses has the Board determined to be related, for
civilian and military cases? Has the Board itself made that
decision, or has it permitted Justice and Defense to make
that decision for it? How many potential applicants are
affected?
is
GERALD