John Kerry's Courage MIA

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Village Voice

Told you this was the coming storm on Kerry because there is no place to hide from the very emotional issues here.

When John Kerry's Courage Went M.I.A.

by Sydney H. Schanberg

February 24th, 2004 1:00 PM

Senator John Kerry, a decorated battle veteran, was courageous as a navy lieutenant in the Vietnam War. But he was not so courageous more than two decades later, when he covered up voluminous evidence that a significant number of live American prisoners—perhaps hundreds—were never acknowledged or returned after the war-ending treaty was signed in January 1973.

The Massachusetts senator, now seeking the presidency, carried out this subterfuge a little over a decade ago— shredding documents, suppressing testimony, and sanitizing the committee's final report—when he was chairman of the Senate Select Committee on P.O.W./ M.I.A. Affairs.

Over the years, an abundance of evidence had come to light that the North Vietnamese, while returning 591 U.S. prisoners of war after the treaty signing, had held back many others as future bargaining chips for the $4 billion or more in war reparations that the Nixon administration had pledged. Hanoi didn't trust Washington to fulfill its promise without pressure. Similarly, Washington didn't trust Hanoi to return all the prisoners and carry out all the treaty provisions. The mistrust on both sides was merited. Hanoi held back prisoners and the U.S. provided no reconstruction funds.

The stated purpose of the special Senate committee—which convened in mid 1991 and concluded in January 1993—was to investigate the evidence about prisoners who were never returned and find out what happened to the missing men. Committee chair Kerry's larger and different goal, though never stated publicly, emerged over time: He wanted to clear a path to normalization of relations with Hanoi. In any other context, that would have been an honorable goal. But getting at the truth of the unaccounted for P.O.W.'s and M.I.A.'s (Missing In Action) was the main obstacle to normalization—and therefore in conflict with his real intent and plan of action.

Kerry denied back then that he disguised his real goal, contending that he supported normalization only as a way to learn more about the missing men. But almost nothing has emerged about these prisoners since diplomatic and economic relations were restored in 1995, and thus it would appear—as most realists expected—that Kerry's explanation was hollow. He has also denied in the past the allegations of a cover-up, either by the Pentagon or himself. Asked for comment on this article, the Kerry campaign sent a quote from the senator: "In the end, I think what we can take pride in is that we put together the most significant, most thorough, most exhaustive accounting for missing and former P.O.W.'s in the history of human warfare."

Here are details of a few of the specific steps Kerry took to hide evidence about these P.O.W.'s.

He gave orders to his committee staff to shred crucial intelligence documents. The shredding stopped only when some intelligence staffers staged a protest. Some wrote internal memos calling for a criminal investigation. One such memo—from John F. McCreary, a lawyer and staff intelligence analyst—reported that the committee's chief counsel, J. William Codinha, a longtime Kerry friend, "ridiculed the staff members" and said, "Who's the injured party?" When staffers cited "the 2,494 families of the unaccounted-for U.S. servicemen, among others," the McCreary memo continued, Codinha said: "Who's going to tell them? It's classified."

Kerry defended the shredding by saying the documents weren't originals, only copies—but the staff's fear was that with the destruction of the copies, the information would never get into the public domain, which it didn't. Kerry had promised the staff that all documents acquired and prepared by the committee would be turned over to the National Archives at the committee's expiration. This didn't happen. Both the staff and independent researchers reported that many critical documents were withheld.

Another protest memo from the staff reported: "An internal Department of Defense Memorandum identifies Frances Zwenig [Kerry's staff director] as the conduit to the Department of Defense for the acquisition of sensitive and restricted information from this Committee . . . lines of investigation have been seriously compromised by leaks" to the Pentagon and "other agencies of the executive branch." It also said the Zwenig leaks were "endangering the lives and livelihood of two witnesses."

A number of staffers became increasingly upset about Kerry's close relationship with the Department of Defense, which was supposed to be under examination. (Dick Cheney was then defense secretary.) It had become clear that Kerry, Zwenig, and others close to the chairman, such as Senator John McCain of Arizona, a dominant committee member, had gotten cozy with the officials and agencies supposedly being probed for obscuring P.O.W. information over the years. Committee hearings, for example, were being orchestrated to suit the examinees, who were receiving lists of potential questions in advance. Another internal memo from the period, by a staffer who requested anonymity, said: "Speaking for the other investigators, I can say we are sick and tired of this investigation being controlled by those we are supposedly investigating."

The Kerry investigative technique was equally soft in many other critical ways. He rejected all suggestions that the committee require former presidents Nixon, Ford, Reagan, and George H.W. Bush to testify. All were in the Oval Office during the Vietnam era and its aftermath. They had information critical to the committee, for each president was carefully and regularly briefed by his national security adviser and others about P.O.W. developments. It was a huge issue at that time.

Kerry also refused to subpoena the Nixon office tapes (yes, the Watergate tapes) from the early months of 1973 when the P.O.W.'s were an intense subject because of the peace talks and the prisoner return that followed. (Nixon had rejected committee requests to provide the tapes voluntarily.) Information had seeped out for years that during the Paris talks and afterward, Nixon had been briefed in detail by then national security advisor Brent Scowcroft and others about the existence of P.O.W.'s whom Hanoi was not admitting to. Nixon, distracted by Watergate, apparently decided it was crucial to get out of the Vietnam mess immediately, even if it cost those lives. Maybe he thought there would be other chances down the road to bring these men back. So he approved the peace treaty and on March 29, 1973, the day the last of the 591 acknowledged prisoners were released in Hanoi, Nixon announced on national television: "All of our American P.O.W.'s are on their way home."

The Kerry committee's final report, issued in January 1993, delivered the ultimate insult to history. The 1,223-page document said there was "no compelling evidence that proves" there is anyone still in captivity. As for the primary investigative question —what happened to the men left behind in 1973—the report conceded only that there is "evidence . . . that indicates the possibility of survival, at least for a small number" of prisoners 31 years ago, after Hanoi released the 591 P.O.W.'s it had admitted to.