Are Swift Boat Charges “Unsubstantiated”?

The Left created a new verb, “swiftboating,” to represent false political charges that are, again a term endlessly repeated in the media, “unsubstantiated” in reference to the case presented by the Swift Boat Veterans For Truth against John Kerry during the 2004 presidential campaign.

The Swift Boat veterans presented much corroborated evidence and witness reports, and other researchers confirmed many elements. Largely due to the unwillingness of John Kerry to come clean about his record, however, there are elements that have not been firmly tied down. The major media, then till now, have mostly failed to investigate the charges or press Kerry for his claims or records, and some major venues collaborated with Kerry to squelch the charges.

So, that works to leave those still defending John Kerry’s record with leeway and ink to quibble or to besmirch the Swift Boat veterans. But, Kerry dares not to reveal his full records or go into court. Instead, he relies upon allies in the media to evade, obfuscate and to smear.

First, let’s get some terms clarified.

“Substantiated” has a legal definition:

Substantiated means supported by proof or evidence. It is something that is supported or verified by corroborating information.

“Unsubstantiated,” on the other hand, as a Marine Corps leaders manual says, is of two types:

* The act did not occur. Preponderance of information indicates no abuse/neglect occurred.
* Unable to resolve. After all information was made available, it remained unclear whether abuse occurred.

I’ve written extensively about many aspects of the case, enough to fill a book of its own. Not to belabor the points here in an overlong post, I’ll refer the reader to a few key pieces.
In October 2004, I detailed the treatment by the New York Times of the Swift Boat charges, as “unsubstantiated,” and summarized how they were substantiated. (The entire piece is “below the fold” in the read more.)

I wrote a review in the academic site H-War of John Kerry’s hagiographic biography by Douglas Brinkley:

What was distinct about "Tour of Duty" was its focus on the candidate's relatively minor and short involvement in a major event, the opinion and sworn evidence of many other knowledgeable participants in the same events of the extent to which it strayed from or colored the facts, the failure of the author to check sources with known contrary witnesses and records, and, as it came out, the extent to which the sources of the facts relied upon by the author were denied by the candidate to the public (Kerry's journal and full military records)….

Thus, certainly contrary to his objectives, John Kerry unleashed a historiographic "perfect storm", one which all observers credit with turning his campaign across the margin of defeat..

Kerry lied that he couldn’t release his journal due to an agreement with Brinkley, which Brinkley refuted. The media did not press Kerry to release his journal.

Kerry has refused to open his military records to the public, as promised by him, only releasing them – and there’s doubt whether they’re complete – to the Boston Globe, L.A. Times and AP, the first two of which the inside his campaign Newsweek reporters observed were acting as a conduit for the Kerry campaign during its August 2004 efforts to counter the Swiftees. As the leading investigative reporter into Kerry’s claims, Thomas Lipscomb, wrote me:

The strange case of the John Kerry military records, which he had promised to release publicly, is that three great news organizations conspired to withhold them from the public. Not only did Kerry not make his military records public as promised, but three of the largest news organizations in the world gave him protective coloration by withholding them. All the public received were summaries in the opinions of the three news organizations, which had already shown an appalling inability to analyze the Kerry military records.

John O’Neill, a highly accomplished lawyer, challenged John Kerry to sue him: "I invite him to sue me for libel." Kerry hasn’t.

Kerry has repeatedly sought to legally intimidate others, failing, and then withdrawing their legal efforts once it appeared they would have to face depositions and the courts. One distinguished group of Vietnam veterans has fought back in the courts, to get Kerry and friends to reveal their falsities in a court of law.

The suits by Kerry's associates were suddenly dropped earlier this year just as they and several of their allies faced depositions under oath and subpoenas of their military records….

The countersuit by the veterans of the VVLF and Sherwood will give the opportunity to prove that the original action by Kerry associates Campbell and Bjornson was frivolous and expose another layer of truth about what really happened in Vietnam.

John Hinderaker, an accomplished lawyer who writes at Powerline, summarizes the veracity of the Swift Boat TV ads.

In short, the charges against John Kerry were substantiated. The only degree to which they are unsubstantiated is in Kerry’s refusal to expose his full records and in finally nailing Kerry down in a court of law. Apparently, Kerry learned a lesson from Alger Hiss, and avoids to go into court.

READER VERSUS OKRENT ON THE SWIFT BOAT VETS
I get dozens of letters each week from readers fed up with blow-offs and cover-ups from New York Times "public editor" Dan Okrent -- supposedly the "readers' representative." Here's one particularly thoughtful and well documented case from reader Bruce Kesler.

The New York Times' exalted view of itself extends to naming Daniel Okrent its "public editor." Other newspapers have ombudsmen (or ombudswomen) or readers' representatives. There's real meaning in that different nomenclature.

Daniel Okrent does not represent the concerns of the New York Times' readers to Times management and reporters, to improve the Times' reporting. Although Mr. Okrent labels himself the readers' representative, his record shows, instead, he represents his own views -- and in effect that of Times management -- to the readers.

Below are excerpts from my correspondence with Mr. Okrent, to which his assistant Arthur Bovino replied, along with some temporal context.
Following the August 2004 uproar over the contentions of the Swift Boat Veterans For Truth in their book Unfit for Command, first almost entirely covered in the conservative media and then disclaimed by Kerry spokespeople in the more liberal mainstream media, I wrote to Mr. Okrent on September 8:
"According to one count, the New York Times has used the word 'unsubstantiated' 17 times to describe the contentions raised in Unfit For Command. Since the New York Times has not done any investigation of the actual events described…the use of the word 'unsubstantiated' is quite misleading… I challenge that any book has ever so affected a US political campaign since the Federalist Papers…(no I am not otherwise comparing the books). That is more the reason for careful and not political analysis and investigation. The New York Times has, sadly, failed its responsibility."
Contained in that email was my Short Guide to the Kerry-Vietnam Contentions, "which may be useful to any who do wish to investigate and report." That Short Guide was also published in the Augusta Free Press on September 10 ("30 Questions"). Informed reporters responded favorably to its balanced outline of the supporting evidence to the Swiftees and of issues unresolved as John Kerry refuses to release his full military records and his journal. For example, Michael Dobbs of the Washington Post, the only mainstream reporter who bothered to make an investigation of one of the incidents -- Kerry's Bronze Star -- wrote me on August 28, "Thanks for your Short Guide. You make some good points. We will follow the story." Mr. Dobbs' August 22 investigation stated he was denied access to Kerry's full records and journal.

Did Daniel Okrent, then, represent the readers, or ignore them -- and rely on the Times' own highly incomplete and partial articles for his report back to readers? On September 12, Mr. Okrent wrote his next column. In it he said: "Instead of considering the hundreds of messages from irate readers that accumulated while I was gone," he read some of the Times' coverage of the "Swift Boat dust-up," as he called it. Okrent concluded from this read of the Times, "official records contradict the central charges leveled in the ads. However, it is not accurate to say, as Senator Kerry has, that he spent Christmas 1968 in Cambodia. If my summary is wrong, the Times erred. If it's accurate, the paper did a fine job."

I wrote a letter to the editor of the New York Times on September 13, saying, "Mr. Okrent is not supposed to be an ordinary reader but the seeker of truth about the caliber of the Times' coverage." The letter was not published by the New York Times. I also wrote to Mr. Bovino, "Mr. Okrent's column amply demonstrates that JUST relying on the NYT's coverage of the Swiftboat contentions results in a very partial understanding of the evidence as compared to the adjectives… I and many others feel strongly the US needs and deserves the civic center that the NYT once served as a detailed, objective paper of record, and only want to see that restored."

On September 13, I also pointed out to Okrent another Times use of "unsubstantiated," again without any support by the Times, but just as a repeated adjective whenever referring to the Swiftees. On September 13, I also sent Okrent the 17 specific citations and contextual quotes from various Times reporters similarly dismissing the Swiftees as "unsubstantiated," without any investigation or specifics justifying that adjective. Arthur Bovino responded for Okrent, "Thanks for this. I'm going to point this out to Mr. Okrent for his upcoming column…"

By this time, even a mainstream media brother of the New York Times, ABC in its "NewsNotes," ridiculed the Times' approach to coverage of the issues: "Sometimes you just want to say: Really, New York Times…who else BUT Bush backers would you expect to give money to the Swift Boat Veterans for Truth? Kerry backers? Non-partisans?" (September 13, 2004)

I asked Mr. Bovino when to expect Mr. Okrent's "upcoming column." On September 14, Mr. Bovino replied: "At some point between now and the election but sooner rather than later." (September 14, 2004)

On September 23, I wrote to Okrent again about new, continued "unsubstantiated" abuses. Mr. Bovino replied (September 24), "I have already noted these concerns to Mr. Okrent several times but will add your points to those I am compiling as a report to Mr. Okrent as reference material for his upcoming column."

On September 30, I wrote to Mr. Okrent again, with more documentation, saying, "Please add this to Mr. Okrent's folder." Mr. Bovino replied, "I will."

On October 9, I wrote to Mr. Okrent regarding the Times Book Review's review of Unfit For Command by a reporter on Kerry's bus, who obviously without reading the book, and without any military analysis qualifications, blatantly repeated ad hominem Kerry personal attacks against the author and failed to deal with the details of the book. Mr. Bovino replied: "Mr. Okrent has said that he will be writing about the book review at some point during his tenure so I will keep your message on file for use as reference material."

On October 12, I wrote to Okrent: "From our correspondence, I felt led to expect Mr. Okrent to speak out on this, especially when so well-documented and so blatant… Yet, three columns have passed, and no Mr. Okrent. " I also wrote a letter to the editor of the New York Times: "Mr. Okrent…wrote [October 12] that essentially the Times is providing balanced reporting of the election. His anecdotal proof is that he receives criticisms from liberals and conservatives. He, however, fails to provide any empirical evidence of the Times' balance." The New York Times did not publish this letter.

Slate's Mickey Kaus commented that same day: "Er, what was Okrent's job again? Defender of the Times against the Public?…What's the use of an ombudsman who doesn't think his paper ever screws up…?"

On October 17, I sent more documentation to Mr. Okrent.

On October 17, rather than do his job of ombudsman, readers' representative, impartial independent analyst of the New York Times actual reporting, Mr. Okrent turned his column over to two outside left and right general commentators on the Times. On October 24, Mr. Okrent continued to not do his job of investigating and analyzing problems in New York Times reporting, as he turned his column over to a few innocuous general comments from readers without Mr. Okrent dealing with any details of Times stories or slants.

What might a more diligent reader representative have done? Consider the use of the word "unsubstantiated"? "Substantial" is defined as "of solid character or quality; firm, stout, or strong..." In newspaper parlance, "substantial" may be seen as "reasonable weight of evidence". Here is what is substantial about the Swiftboat accusations against Kerry:

1. Over 60 direct witnesses, many then or now senior naval officers independent of the Bush campaign, have provided affidavits and details that stand in contrast to only several lower ranked enlisteds or officers directly employed by the Kerry campaign. The weight of credibility is with the Unfit For Command book.

2. Kerry did not want to go to Vietnam, or combat: Kerry only enlisted when his application for after graduation further deferment to visit Paris for a year was denied. Kerry only applied for Swift Boats when they were still an offshore patrol unit.

3. 1st Purple Heart: The senior officer, later Admiral and senior JAG officer, who directly witnessed, says there was not enemy action which is necessary for an even slight wound, even accidentally self-inflicted, to rise to Purple Heart. No battle report, therefore, was filed at the time, and the senior officer (Hibbard) denied the application by Kerry. Refusal by Kerry to release his full military records blocks investigation of how Kerry wangled the award months after the direct contrary witnesses had left Vietnam. -- Treating doctor for the thorn-sized scratch also confirms contrary evidence to the hagiography of Kerry-Brinkley (Tour Of Duty author).

4. Silver Star #1: Even Kerry defender Rood (Chicago Tribune editor) says that the situation had already been mopped up when Kerry chased a Viet Cong and killed him. -- John Kerry, himself, in Douglas Brinkley's Tour of Duty says he only faced and chased a single, lone, wounded VC. ABC "Nightline's" VC also say they had already "ran away". Also, although Rood defends the tactic, it was against military and common-sense procedure to beach the boat, as it made it a sitting duck, and to singly chase ashore, as it exposed the entire unit to danger from revealing of sensitive operational intelligence if Kerry were to have been captured. Does not rise to extraordinary heroism of a Silver Star.

5. Silver Star #2: Kerry campaign exhibits a "V" for valor on his Silver Star, although the Navy says there is no such designation that is allowed to anyone.

6. Bronze Star: Dobbs' investigation in the Washington Post clearly demonstrates that Kerry left the scene of danger, while others stayed, only returning later to pick up Rassmann just before another boat was going to. Rassmann says he was under water most of the time, and thus a weak witness to whether there was any hostile fire at the time that Kerry picked him out of the water. Other involved witnesses say there was not hostile fire at that time, although there are conflicting accounts of whether there may have been some earlier. There were no bullet holes to any of the boats from that 3/13/69 incident, which supports the "no hostile fire" witnesses. Further, there is substantial evidence that the basis for the mis-awarded Bronze Star was a misleading after-action report that came from Kerry.

7. 3rd Purple Heart: It was admitted that Kerry's rear-end wound came from an earlier, unrelated incident, his own grenade blowing up Viet Cong rice. His arm "contusion" came from falling within his own boat while leaving the scene of the 3/13/69 mining incident against another boat. There is no credible evidence it resulted from hostile action against Kerry's boat.

8. Cambodia: Every bit of evidence has disproven this 50+ times repeated by Kerry fantasy.

9. Post-Vietnam:
· Kerry's 1/71 Winter Soldier hearings, upon which defenders say his 4/71 testimony to the US Senate Foreign Relations Committee was based, were organized by US and foreign communists and radicals, funded by Jane Fonda and friends (who supported North Vietnam's cause), and many of the witnesses were proven later to be frauds.
· Any examiner of the 4/71 Kerry testimony, then or now, and of its public consequences, reports that Kerry believed and spread the smear of all Vietnam veterans, national leadership, and of the US as engaged in a war criminal action, and that negatively colored the reputation of Vietnam veterans then through now.
· Kerry visited the Viet Cong-North Vietnamese delegations in Paris in 1970 and 1971, and did publicly support their proposals in contrast to the US proposals. That would have, aside from other matters, left US POW's in enemy hands.
· POW's have affirmed that their North Vietnamese interrogators used Kerry's specific words against them to break them down (Galanti, Cordier, Warner, now-Congressman Johnson).
10. Kerry Failure to "Come Clean":
· Kerry never apologized nor recanted for his "youthful exuberance"
· Kerry created a self-aggrandizing biography on all the above, and was abetted by Douglas Brinkley's hagiography which failed to then or now seek or publish contrary witnesses or evidence;
· Kerry highlighted his brief service 35-years ago as a junior officer as seemingly his sole qualification to lead the US and world now, and invited inspection of that. Yet, he and apologists scream invectives at those who do investigate and report.
· Kerry has refused to release his full military records by signing a DOD Form 180, and to release his journals (despite Brinkley exposing Kerry's lie that they were restricted by a contract with Brinkley). These records are necessary to the resolution of many gray and open items in Kerry's disputed Vietnam service, as many careful reporters and observers have publicly noted. Yet, the New York Times has failed to publicly demand that Kerry release his records.