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Sunday, August 29, 2004

904. Art. 104. Aiding The Enemy

Lieutenant (JG) John Forbes Kerry left active duty in 1970, and was, as would be normal, placed in the Reserves. He left the Reserves in 1978. (Link: http://www.johnkerry.com/pdf/jkmils...val_Reserve.pdf )

During his Reserve service, Mr. Kerry was still bound by the restrictions and rules enforced by the Uniform Code of Military Justice (UCMJ). (Link: http://ohmr.ohio.gov/docs/regulations/ucmj.pdf )

Senator Kerry has stated that he met with North Vietnamese Communist and Viet Cong officials in Paris in 1970. FBI files confirm that he also met with North Vietnamese officials in 1971. During this period of time, Mr. Kerry was an Officer in the United States Naval Reserve.

From the UCMJ we get the following:

802. ART. 2. PERSONS SUBJECT TO THIS CHAPTER ... (6) Members of the Fleet
Reserve and Fleet Marine Corps Reserve.


Therefore, Mr. Kerry was still under the provisions of the UCMJ until his full discharge from the Reserves in 1978. Also, from the UCMJ, we get:

904. ART. 104. AIDING THE ENEMY Any person who-- (1) aids, or attempts to aid,
the enemy with arms, ammunition, supplies, money, or other things; or (2)
without proper authority, knowingly harbors or [protects or gives intelligence
to or communicates or corresponds with or holds any intercourse with the
enemy, either directly or indirectly
; shall suffer death or such other
punishment as a court-martial or military commission may direct.

-emphasis added

Hostilities between the United States and Viet Nam ended on January 27th, 1973 (Link: http://www.gruntonline.com/TheWar/peace_accord1.htm ) Until that time, North Vietnamese forces and officials were classified as “the enemy.”

Therefore, Mr. Kerry committed a serious crime when he negotiated with the enemy independently, and without proper authorization.


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