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Friday, September 16, 2011

A week after infamous "Nixon Pardon" then-President Ford announced Amnesty for Vietnam draft avoiders / deserters

On the date of Sept. 16, 1974 -- story in NY Times (front page coverage of the national impact):

Washington, Sept. 16--President Ford offered conditional amnesty today to thousands of Vietnam era draft evaders and military deserters who agree to work for up to two years in public service jobs.
"My sincere hope," he said in a statement, "is that this is a constructive step toward calmer and cooler appreciation of our individual rights and responsibilities and our common purpose as a nation whose future is always more important than its past."
In announcing his "earned re-entry" program, the President also established a nine-member Presidential clemency board to review the cases of those already convicted or punished for desertion or draft evasion.
Mr. Ford designated Charles E. Goodell, a former Republican Senator from New York and an early critic of United States involvement in the Vietnam war, as chairman of the clemency board.
Among others named to the clemency board was the Rev. Theodore M. Hesburgh, president of the University of Notre Dame, who has called for unconditional amnesty.
Effective Immediately
The amnesty program became effective immediately when President Ford signed a Presidential proclamation and two Executive orders just before noon in the Cabinet Room of the White House. Earlier, he explained details of the program to Congressional leaders of both parties. No Congressional action is needed.
In his proclamation, the President declared that "desertion in time of war is a major, serious offense," and that draft evasion "is also a serious offense." Such actions, he said, need not "be condoned."
"Yet," he continued, "reconciliation calls for an act of mercy to bind the nation's wounds and to heal the scars of divisiveness."
President Ford denied tonight at his news conference that the amnesty plan was in any substantial way linked to his unconditional pardon of former President Richard M. Nixon on Sept. 8--an action that has created widespread controversy throughout the nation.
Asked at his news conference tonight why he had granted only a conditional amnesty to draft evaders while granting a full pardon to Mr. Nixon, the President replied:
"Well, the only connection between those two cases is the effort that I made in the one to heal the wounds involving charges against Mr. Nixon and my honest and conscientious effort to heal the wounds for those who had deserted military service or dodged the draft."
Mr. Ford said that, in the case of Mr. Nixon, "you have a President who was forced to resign because of circumstances involving his Administration and he has been shamed and disgraced by that resignation."
Under the program, draft evaders or deserters who have not been convicted or punished have until next Jan. 31 to turn themselves in to the authorities, reaffirm their allegiance to the United States and agree to spend up to two years in public service jobs, such as hospital attendants or conservation.
The United States Attorney or military service head would decide the length of alternative service to be performed by each individual. The President set no minimum period of service, but he said that the maximum two-year requirement could be "reduced" for "mitigating circumstances," such as family hardship.
Placement of persons in public service jobs would be administered by the director of the Selective Service System, Byron V. Pepitone. He said today that applicants would be encouraged to find their own jobs, subject to approval by his agency.
For those already convicted or punished for desertion or draft evasion, the new Presidential clemency board will review cases on an individual basis. Priority will be given to those now in prison, and officials said that their confinement would be suspended as soon as possible.
Federal officials gave varying estimates of the number of deserters and evaders potentially eligible under the program. The estimates ranged from 28,000 to 50,000 or more.
Some officials said that 15,500 draft evaders would be eligible for clemency. Of these, 8,700 have already been convicted and 4,350 are under indictment, 4,060 are listed as fugitives, 3,000 of them in Canada. There are 130 persons now serving prison sentences for draft evasion.
Officials also said that 660 deserters were serving prison sentences or awaiting trial, and about 12,500 others were still at large, with about 1,500 of these now living in Canada.
Deputy Attorney General Laurence Silberman said today that those agreeing to participate in the plan should be prepared to serve the full 24 months of public service employment, although "mitigating circumstances" might lessen the term of service.
He said that those who failed to live up the agreement would be subject to prosecution for the original charge of draft evasion or desertion.

http://www.nytimes.com/learning/general/onthisday/big/0916.html#article

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