Video: 'Gerald Ford-Remarks on Clemency for Vietnam Era Draft Evaders (September 16,1974)'
(Monday, September 16, 1974, 11:17 a.m. EDT; during the Vietnam War, part of the Indochina Wars and the Cold War; also during the Watergate scandal) — Eight days after granting disgraced former President Richard Nixon an unconditional pardon, U.S. President Gerald Ford today offered conditional amnesty 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,” Ford said, “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.”
Ford announced his “earned reentry” program and established a nine-member presidential clemency board to review cases of those already convicted or punished for desertion or draft evasion.
Ford designated Charles E. Goodell, a former Republican senator from New York and early critic of U.S. involvement in Vietnam, as chairman of the clemency board. Among others named was Rev. Theodore M. Hesburgh, president of the University of Notre Dame, who has called for unconditional amnesty.
The amnesty program took effect immediately when Ford signed a presidential proclamation and two executive orders just before noon in the Cabinet Room of the White House. No Congressional action is required.
In his proclamation, Ford 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.” However, he added, “reconciliation calls for an act of mercy to bind the nation’s wounds and to heal the scars of divisiveness.”
Ford would deny tonight at a news conference (which would start at 8:00 p.m. EDT) that the amnesty plan was linked to his unconditional pardon of former President Richard Nixon on Sept. 8, which has stirred controversy nationwide.
Video: 'Remarks on Clemency for Vietnam Era Draft Evaders (September 16, 1974)'
Asked why he granted conditional amnesty to draft evaders while giving Nixon a full pardon, Ford replied, “The only connection between those two cases is the effort that I made in the one to heal the wounds involving charges against Nixon and my honest and conscientious effort to heal the wounds for those who had deserted military service or dodged the draft.”
Ford said that, in Nixon’s case, “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.”
Draft evaders or deserters who have not been convicted or punished have until January 31 to turn themselves in, reaffirm their allegiance to the U.S., and agree to spend up to two years in public service jobs, such as hospital attendants or conservation workers.
The U.S. Attorney or military service head will decide the length of service for each individual, with a maximum requirement of two years, though it may be reduced for mitigating circumstances.
The director of the Selective Service System, Byron V. Pepitone, will oversee the placement of individuals in public service jobs. 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, the new presidential clemency board will review cases individually. Priority will be given to those in prison, and officials said their confinement would be suspended as soon as possible.
Estimates of the number of eligible deserters and evaders range from 28,000 to over 50,000. About 15,500 draft evaders may be eligible for clemency, with 8,700 already convicted, 4,350 under indictment, and 4,060 listed as fugitives, including 3,000 in Canada.
Video: 'Press Conference on Questions Related to Nixon September 16, 1974'
There are 130 people currently serving prison sentences for draft evasion. Officials also said that 660 deserters were serving prison sentences or awaiting trial, with about 12,500 others still at large, including 1,500 in Canada.
Deputy Attorney General Laurence Silberman said those participating should be prepared to serve the full 24 months of public service, though mitigating circumstances might lessen the term. Failure to meet the agreement would result in prosecution for the original charge.
The clemency program covers offenses between the Senate’s ratification of the Gulf of Tonkin resolution on Aug. 4, 1964, and the day the last U.S. combat soldier left Vietnam on March 28, 1973. Clemency will not be considered for those facing unrelated charges.
Draft evaders must “execute an agreement” acknowledging allegiance to the U.S. and pledge to fulfill the period of service. Deserters must take an oath of allegiance and agree to fulfill the term of service.
Officials estimated the program’s cost at about $2 million, mainly for processing and administrative details. Salaries for deserters or evaders would be paid by the employer.
Ford had hinted at this “work reentry” program in a speech to the Veterans of Foreign Wars in Chicago on Aug. 19. The White House indicated an earlier announcement, but it was delayed due to the controversy over Nixon’s pardon.
Ford’s choice of Goodell as clemency board chairman is seen as an effort to placate critics of the Vietnam War who advocate for unconditional amnesty. Goodell, a Washington lawyer, was a long-time friend of Ford’s and helped install him as House minority leader nearly 10 years ago.
On his first full day in office (Jan. 21, 1977), Ford’s successor, Jimmy Carter, would issue an unconditional pardon to most evaders of the draft, which did not, however, include deserters.
