SELECTIVE SERVICE AND AMNESTY HEARING BEFORE THE SUBCOMMITTEE ON ADMINISTRATIVE PRACTICE AND PROCEDURE. United States. OF THE CONGRESS. Senate. COMMITTEE ON THE JUDICIARY NINETY-SECOND CONGRESS KF26 J833 19726 COMMITTEE ON THE JUDICIARY JAMES O. EASTLAND, Mississippi, Chairman JOHN L. MCCLELLAN, Arkansas EDWARD M. KENNEDY, Massachusetts QUENTIN N. BURDICK, North Dakota ROBERT C. BYRD, West Virginia JOHN V. TUNNEY, California ROMAN L. HRUSKA, Nebraska SUBCOMMITTEE ON ADMINISTRATIVE PRACTICE AND PROCEDURE EDWARD M. KENNEDY, Massachusetts, Chairman PHILIP A. HART, Michigan QUENTIN V. BURDICK, North Dakota STROM THURMOND, South Carolina CHARLES MCC. MATHIAS, JR., Maryland EDWARD J. GURNEY, Florida JAMES F. FLUG, Chief Counsel THOMAS M. SUSMAN, Assistant Counsel (II) Benade, Maj. Gen. Leo, Defense Department Assistant Secretary- Brunk, Conrad, National Interreligious Service Board for Con- Carson, Everett Brown, 1st Lt., Marine Corps.-- Commager, Henry Steele, professor of history, Amherst University...--- Flanagan, The Very Reverend Bernard, Roman Catholic Bishop, Gaylin, Dr. Willard, professor of psychiatry and law, Columbia Geiger, John H., National Commander, American Legion, accom- 237 Lord, The Very Reverend John Wesley, Methodist Bishop of Wash- 277 Maroney, Keivn T., Deputy Assistant Attorney General, Department of Justice, accompanied by John H. Davitt, Chief of the Criminal Section, Internal Security Division, and Rovert W. Vayda, Attor- ney, Selective Service Unit, Department of Justice.. O'Neill, James, Truman Amnesty Review Board. Porter, Charles O., attorney, former Member of Congress, former White House staff member, Major (Air Force, Retired), and Chair- man of the National Committee for Amnesty Now.. Ransom, Mr. and Mrs. Robert, Gold Star parents. 246 285 79 301 104 165 Tarr, Curtis W., Director, Selective Service System, accompanied by 5 Tatum, Arlo, Central Committee for Conscientious Objectors – 169 Tuchinsky, Joseph, Midwest Committee for Draft Counseling. 131 Wilson, Rev. Alexander C., pastor, Westminister United Presbyterian 222 Wilson, William K... 152 Brophy, Michael and Mayerhoff, Mark-Wisconsin U. Colhoun, Jack-American Expatriate... Vietnam Vets Against the War.. Veterans of W.W. I, Herbert M. Houston.. 1. Selective Service System Responses to Questions from Subcommittee__ 2. Defense Department Responses to Questions from Subcommittee__. 3. Justice Department Responses to Questions from Subcommittee_ 4. Justice Department Correspondence with Subcommittee Chairman... 5. American Ethical Union on Conscientious Objection: Selected Public 11. Lusky, Louis, "Amnesty: What Sort Will Bind Our Wounds' 16. Silard, Bela, "Invalid Conscientious Objector Classification_Criteria of Local Board Memorandum 107: The Asserted Training Require- SELECTIVE SERVICE PROCEDURES AND ADMINISTRA TIVE POSSIBILITIES FOR AMNESTY MONDAY, FEBRUARY 20, 1972 U.S. SENATE, SUBCOMMITTEE ON ADMINISTRATIVE PRACTICE AND Washington, D.C. The subcommittee met, pursuant to notice, at 10:55 a.m., in room 4232, New Senate Office Building, Senator Edward M. Kennedy (chairman of the subcommittee) presiding. Present: Senators Kennedy (presiding), Hart, Thurmond, and Gurney. Also present: James Flug, chief counsel; Thomas Susman, assistant counsel; Henry Herlong, minority counsel; and Mark L. Schneider. Senator KENNEDY. The subcommittee will come to order. First of all, I want to apologize to our witnesses for being late starting the meeting. I was testifying in the House Foreign Affairs Committee which started at 9:30 this morning. I wish to express my regrets to our witnesses this morning, and also to the members of the press. Senator GURNEY. How about the members of the subcommittee? Senator KENNEDY. And to the members of the subcommittee. I did not see you there, Ed. I saw Phil. It is nice to have you here. The Senate Subcommittee on Administrative Practice and Procedures begins its inquiry this morning with a two-fold purpose: first, to examine the current administration of the Selective Service System in the light of the recommendations of this subcommittee 2 years ago and the procedural implications of the Military Selective Service Act of 1971; and second, to explore the administrative possibilities and problems of granting executive amnesty or other forms of Clemency to men who have chosen exile, to men who have chosen prison, or to men who have chosen "to go underground" rather than fulfill the obligation that the military selective service law has imposed on them. The two issues are related in a most basic way. The draft is the driving force in the acquisition of military manpower, and the use of American military forces in Vietnam has for the first time in history turned us from a haven for political exiles into a creator of political exiles. While the number of American troops in Vietnam has decreased substantially, the war goes on. Each week, new bombing records are set. Each week, there are more refugees and more civilian casualties. Each week we add to the toll of American deaths, and each week, American flyers are added to the prisoner-of-war list. (1) |