JOHN F. KERRY
Defendant

vs.

UNITED STATES OF AMERICA
Plaintiff

§ § § § § §

Case No. COMPLAINT DRAFT

Count One: TREASON. - While still in the United States Naval Reserve, Lt. John F. Kerry did, in Paris, France, without authorization from the President or the State Department, undergo private negotiations with the enemy, a foreign government, North Vietnam and the Viet Cong thus giving, aid and comfort to the enemy in 1970 while active combat operations were in progress in violation of 18 USC 2381 - Treason and of the USCJ Section 904. Art. 104. Aiding the Enemy.

Lt. Kerry by his own words & actions violated the UCMJ and the U.S. Code while serving as a Navy officer. Lt. Kerry stands in violation of Article 3, Section 3 of the U.S. Constitution. Lt. Kerry's 1970 meeting with NVA Communists in Paris is also in direct violation of USCJ Section 904. ART. 104., and U.S. Code 18 U.S.C. 953. That meeting, and Kerry's subsequent support of the communists while leading mass protests against our military in the year that followed, also place him in direct violation of our Constitution's Article 3, Section 3, which defines treason as "giving aid and comfort to the enemy".

Whoever, owing allegiance to the United States . . . adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.

Congressional Oath of Office taken by John Kerry in the Navy and in the U.S. Senate:

"I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God."

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. . .

John Kerry went to Paris, France and met with North Vietnamese Governmental Officials and representatives of the Viet Cong like Jane Fonda went to Hanoi, North Vietnam, to adhere to the Enemies of the United States during our war against North Vietnam and the Viet Cong to Adhere to our Enemies and give them Aid and Comfort which clearly constitutes TREASON.

Count Two: AIDING THE ENEMY, TREASON. - While being under oath and allegiance of the United States Naval Reserve as a Lt., John Kerry did disclose secret military plans directly or indirectly to conduct bombing raids against Hanoi and Haiphong to the North Vietnamese Government and the Viet Cong who were enemies of the United States thus giving of information, aid and comfort to the enemy with whom heavy active combat operations were underway in violation of the UCMJ Section 904. Art. 104. Aiding the Enemy and 18 USC 2381 - Treason.

(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.

FBI says VVAW disclosed US Military plans (Kerry's Treason) Winter Soldier ^ Posted on 08/16/2004 11:10:50 AM PDT by BykrBayb

On www.wintersoldier.com's Timeline page, it says "April 22, 1972 -- John Kerry represented the Vietnam Veterans Against the War (VVAW) at the "Emergency March for Peace" in Bryant Park in New York City." At that time, according to the FBI surveillance file, Section 50, Part 1, Page 152. Vietnam Veterans Against the War/Winter Soldier Organization (VVAW/WSO revealed information about a US Military operation. "...the VVAW/WSO operation during 4/72 during which a canvass of VVAW/WSO members, some in active military service, developed information indicating US would bomb Hanoi and Haiphong and the VVAW/WSO disseminated this information prior to the actual bombing seriously jeopardizing US Military operations and lives of servicemen.

Lt. Kerry by his own words & actions violated the UCMJ and the U.S. Code while serving as a Navy officer. Lt. Kerry stands in violation of Article 3, Section 3 of the U.S. Constitution. Lt. Kerry's 1970 meeting with NVA Communists in Paris is in direct violation of the, USCJ Section 904. Art. 104. Aiding the Enemy and U.S. Code 18 USC 953. That meeting, and Kerry's subsequent support of the communists while leading mass protests against our military in the year that followed, also place him in direct violation of our Constitution's Article 3, Section 3, which defines treason as "giving aid and comfort to the enemy".

Count Three: - PRIVATE CORRESPONDENCE WITH FOREIGN GOVERNMENTS. While still in the United States Naval Reserve in 1970, Lt. John F. Kerry did, in Paris, France, without authorization from the President or the State Department, undergo private negotiations with the enemy, a foreign government, North Vietnam and the Viet Cong Military party thereof in violation of 18 USC 953 - Private correspondence with foreign governments and USCJ Section 904. Art. 104. Aiding the Enemy.

Any citizen of the United States, wherever he may be, who, without authority of the United States, directly or indirectly commences or carries on any correspondence or intercourse with any foreign government or any officer or agent thereof, with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States, shall be fined under this title or imprisoned not more than three years, or both. . . .

Senator John F. Kerry privately meeting in Vietnam in 1993

with Communist Party Secretary Do Muoi in violation of

18 USC 953 - Private correspondence with foreign governments.

Statute behind the two is of Communist leader Ho Chi Minh

The 1970 meeting that John Kerry conducted with North Vietnamese communists violated U.S. law, according to an author and researcher who has studied the issue. Kerry met with representatives from "both delegations" of the Vietnamese in Paris in 1970, according to Kerry's own testimony before the Senate Foreign Relations Committee on April 22, 1971. But Kerry's meetings with the Vietnamese delegations were in direct violation of laws forbidding private citizens from negotiating with foreign powers, according to researcher and author Jerry Corsi.

A Ho Chi Minh City Communist museum that honors Vietnam war protesters features a photograph of Sen. John Kerry being greeted by the general secretary of the Communist Party, Comrade Do Muoi. In a speech given on the Senate Floor on April 29, 1992 Senator Kerry discussed in detail a meeting he recently had with Do Muoi in Vietnam allegedly to discuss the fate of American POWs and MIAs. A photo widely circulated on the Internet shows John Kerry formally posed with Do Muoi in July 1993.

Count Four: - PRIVATE CORRESPONDENCE WITH FOREIGN GOVERNMENTS. Senator John F. Kerry also held a private meeting in Vietnam on July 15 - 18, 1993 with Vietnam Communist Party Secretary General Do Muoi without official U. S. Government assignment and without having registered as a Foreign Agent in violation of 18 USC 953 - Private correspondence with foreign governments.

John Kerry was elected to the United States Senate on November 06, 1984 and is scheduled to hold that seat at least until the 2008 elections. In view of the questions asked above, should it not be the duty of the Attorney General of the United States, John Ashcroft or any U.S. Attorney to bring this information before a Federal Grand Jury and seek an indictment for Treason?

In respect to the 14^th Amendment of the Constitution of the United States, Section 3 should it not be even more important now at this time to seek an indictment against John F. Kerry for Treason?

AMENDMENT XIV, SECTION 3. . . .No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath*, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof, but Congress may by a vote of two-thirds of each House remove such disability.

Senator John Kerry, after taking an oath* as a Naval Officer of the United States, to support the Constitution of the United States, did nevertheless engage in rebellion against the same and gave aid and comfort to our enemies, officials of the North Vietnamese Government and the Viet Cong, in Paris, France while active combat still continued in Vietnam.

It is clear that John F. Kerry is precluded by the Constitution of the United States of America from holding the office of Senator or any other office of the United States including that of a Naval Officer. John Kerry is not only unfit for command, he is not eligible to serve as President according to the Constitution.

Below are some of the crimes Lt. Kerry USNR committed as a Ready Reservist, while he was acting as a leader of Vietnam Veterans Against the War:

1. Lt. Kerry attended many rallies where the Vietcong flag was displayed while our flag was desecrated, defiled, and mocked, thereby giving aid and comfort to the enemy.

2. Lt. Kerry was involved in a meeting that voted on assassinating members of the US Senate. (CONSPIRACY TO COMMIT MURDER OF FEDERAL OFFICIALS)

3. Lt. Kerry lied under oath against fellow soldiers before the US Senate about crimes committed in Vietnam.

4. Lt. Kerry professed to being a war criminal on national television, and condemned the military and the USA.

5. Lt. Kerry met with NVA and Vietcong communist leaders in Paris, in direct violation of the UCMJ and the U.S. Constitution.

Lt. Kerry by his own words and actions violated the UCMJ and the U.S. Code while serving as a Navy officer. Lt. Kerry also stands in violation of Article 3, Section 3 of the U.S. Constitution. Lt. Kerry's 1970 meeting with NVA Communists in Paris is in direct violation of USCJ Section 904. Art. 104. - Aiding the Enemy, and U.S. Code 18 U.S.C. 953 - Private correspondence with foreign governments. That meeting, and Kerry's subsequent support of the communists while leading mass protests against our military in the year that followed, also place him in direct violation of our Constitution's Article 3, Section 3, which defines treason as "giving aid and comfort" to the enemy in time of warfare. Kerry was also subject to the Uniform Code of Military Justice (UCMJ). Additionally, Kerry, as a commissioned officer, was prohibited from making adverse statements against his chain of command or statements against his country, especially during time of war.

It is interesting to note that Kerry did not obtain an honorable discharge until Mar. 12, 2001 even though his service obligation should have ended July 1, 1972.

A MILITARY COURT MARTIAL SHOULD HAVE STRIPPED JOHN F. KERRY OF HIS RANK AS AN NAVAL OFFICER AND STILL PERHAPS SHOULD DO SO NOW IF NOT TO PROSECUTE HIM FOR TREASON.

THE UNITED STATES CONGRESS SHOULD IMPEACH SENATOR JOHN F. KERRY SINCE HIS SERVICE IN THE SENATE IS UNCONSTITUTIONAL.

ATTORNEY GENERAL JOHN ASHCROFT SHOULD AND MUST BRING CHARGES FOR TREASON AND OTHER CRIMES AGAINST JOHN F. KERRY FOR INDICTMENT AND PROSECUTION ACCORDING TO OUR CONSTITUTION AND LAWS.

The failure to bring this action by Federal authorities could amount to a Misprision of a Felony, 18 USC 4 against bureaucrats as well as elected officials who refuse to enforce the laws and the Constitution of the United States either out of indifference, permissiveness, private agenda, or due to the fallacious and discriminatory respect for his position in the DNC as Candidate for the Presidency.

IF THE U. S. GOVERNMENT WON’T ENFORCE OUR LAWS, THEN A FUNDED ORGANIZATION SHOULD BRING A WRIT OF MANDAMUS AGAINST THE ATTORNEY GENERAL FOR PROSECUTION OF JOHN F. KERRY FOR TREASON AGAINST THE UNITED STATES OF AMERICA WITHOUT DELAY.

This is a call for interested parties or funded organizations, not including the RNC, to take action and either assist us in this effort or proceed on their own to this end. It is rather obvious that the DNC knows of these crimes of John Kerry and yet promoted Kerry’s candidacy while trying to cover Kerry’s Treason by painting him as a war hero. To the extent of those actions the DNC and its officers are in conspiracy to ignore our laws and our Constitution and have violated 18 USC 1 and 18 USC 4.

NOTE: The Southern Independence Party does not support any Candidate for President restricting its political efforts to the election of State and local officials only. Contact: www.SIPofTexas.org