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Judicial Watch • JW v DOD POW MIA documents 02276

JW v DOD POW MIA documents 02276

JW v DOD POW MIA documents 02276

Page 1: JW v DOD POW MIA documents 02276

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Number of Pages:58

Date Created:April 1, 2019

Date Uploaded to the Library:May 03, 2019

Tags:POW, MIAs, troops, Saigon, Cambodia, Thieu, 02276, Vietnamese, nixon, Dod, Pentagon, American, FOIA, ICE


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DEPARTMENT DEFENSE FFICE THE GENERAL COUNSEL
1600 FENSE PENTAGON ASH 20301 1600
Ref 18-L-1094. 1095
Case: 8-cv-2276
Judicial watch
425 Third Street SW. Suite 800
Washington, 20024
Via Email: bmarshall@jusicialwatch.org
March 24, 2019
Dear Mr. Marshall
The Department Defense (DoD). Office Information counsel, providing
interim response the above referenced Freedom Information Act (FOIA) requests DoD. May 21. 2018, you requested Any and all lists American prisoners war/missing
action (POWs/MIAs) provided North Vietnam part the Paris Peace Accords process
seeking the return those prisoners and All materials used brief President Nixon
1973 about remaining American POWs/MIAs North Vietnam and Laos. May 22. 2018,
you requested All liYc sighting reports American POWs Vietnam and Laos from
January 17. 1973 the present. ..All data and reports dcrivl!d from data collected from the
program known PAVE SPIKE from January 27. 1973 the present. All satellite
photographs possible suspected rescue symbols seen the territories Vietnam and/or
Laos from January 27. 1973 the present. and All electronic messages containing individual
codl! numbers issued airmen transmitted from the ground Vietnam and/or Laos from
January 27, 1973 the present. The Defense POW/MIA Accounting Agency DPAA) has
conducted thorough search for records, the results which are attached. pages responsive item your first request are enclosed, which are released part and pages are released full. Some information has been withheld pursuant FOIA
Exemption U.S.C. 552,(b)(3), under USC 435 Note Sec 1082, P.L. 102-190, which
information concerning U.S. personnel classified POW/MIA during the Vietnam and Korean
Conflicts McCain Bill) and some information denied part under FOIA and U.S.C.
552, (b)(6). which applies information, which released. would constitute clearly
umvarranted invasion the personal privacy indiiduals. DPAA did not find any records
responsive item your first request, and recommend you inquire the Nixon Library. response item your second request. advises that Section 1082 Public
Law 02-190. National Defense Authorization Act for FYs 1992 and 1993, directed the SecDef place information, including live-sighting reports, pertaining the location, treatment,
condition U.S. personnel who remain unaccounted for result service the Armed
Forces during the Vietnam era library-like setting the National Capital Region. The
information made available the public through the Library Congress (LOC), and
accessible the general public http://kweb2.loi.;.gov/pow/powhomc.html. you search the website with either Live Sighting Source Reports, you should
find approximately 5,000 hits, which should retrieve the reports, the sources original letters.
and government evaluations these reports.
Current DPAA statistical porting identifies 1,996 firsthand sighting reports
received since 1975, 1,941 (97.24%) reports are resolved. The remaining (2.76%)
unresolved firsthand reports represent the focus the U.S. Government analytical and
collection efforts. the live sighting reports, only have not been declassified and placed the LOC. DPAA will need coordinate those records with another agency for
classification review. you believe the information contained the LOC website
sufficient, please advise and will stop those efforts. response Item and your second request, DPAA did not locate any records.
You may want send those requests Air Force. response Item DPAA located documents, which are classified. Again, DPAA
will need coordinate those records with another agency for classification review. you
believe the other information provided sufficient satisfy your inquiry, please advise and
will stop those efforts. Otherwise, will send final response once the classification review
complete.
Appellate rights are moot your request currently litigation. you have any
questions, please contact Rhonda Campbell 202-252-2559
Rhonda.compabell@usdoj.gov.
Sincerely.
:..... ---~e=..__
=:>
Mark Herrington
Associate Deputy General Counsel
Enclosure: stated
G)(CLASS !Fi
FINAL TRANSCRIPl
PARIS MEErl,NGS VIET-NAM
NIUETY-NINTH PLENARY SESSION
THURSDAY, JANUARY 14, 1971
CSU SbitiliiL
Judicial Watch/1:18-cv-02276/0001
35F53,1 t~ss IFIED
D[CLASS!FIED
di! 222212
PARIS MEElINGS VIET-NAM
NINETY-NINTH PLENARY SESSION
THURSDAY, JANUARY 14, 1971
[The meeting was convened 10:35 a.m.]
[Remarks Mr, Bruce interpreted consecutively from English fnto F~ench and Vietnamese; rer.iarks Messrs.! Lam, Thuy and
Mrs. Binh interpreted consecutively from
Victnc.1.mcse into French ar.d Engli!>h.]
MRS. BINH:
Lad.Les and G~ntlemen:
Today once again going take crucial
question.thnt must solved order arrive the
cessation the war nnd the restoring peace
the
question the withdrawal from South Viet-Nam all the
troops the United States and the foreign countries the American camp.
First all, will address myself the
..obstacles the settling this question.
The first obstacle Lies the fact that the
American Gover:n!1lent .clinging ,the absurd conditions
Judicial Watch/1:18-cv-02276/0002
DEC~IFIEO
735F53,
DECLASSIFIED
which itself has set. the entire world knows, precisely the
United States which, contempt the 1954 Genevc1 Accords Viet-Nam and contempt international law, introduced its troops South Viet-Nam order wage
_aggression there, overtly trampling under foot the
fundamental national rights the Vietnamese people;
whereas, far concerned, the Vietnamese people
and its armed forces have never violated single inch
American territory nor the sovereignty and security the
United States, they are merely fighting the soil
their own country against American aggression, order
defend their homeland.
This why, keeping with the
most commonly accepted standards morality and most
elementary law, there other way restore peace
South Viet-Nam than for the aggressors repatriate all
... their ,troops without any conditions.
Yet, the American
Government arroqantly demanding mutual withdrawal
troops, which would tantamount demanding that
American agqression recognized legal, and that
_price paid for agqression. this absurd demand were
accepted, what would happen the fundamental national
rights and the sacred right s~lf-defense the
Judicial Watch/1:18-cv-02276/0003
,__... EC:LAS~IEO
,f))E etJ.SStF ED
Vietnamese people?
Hhat would happen morality and
law for the peoples the world?
The second obstacle lies the fact that the
American Governme.nt has not aqreed appropriate deadline for the total withdrawal American troops.
have time and again stated, the sooner the United States
withdraws all its troops and those the foreign
countries the Arneriean camp from South Viet-Nam, the
sooner peace will ~estored.
Our Ten-Point overall
Solution has already brought out this spirit. Decemb~r 11, 1969, concretely indicated
and quote I.f the American Government declar.es that l.l withdraw the J.merican troops and those the
foreign trqops tne American callp within si.x months, the
parties will immediately enter into discussion the
timetable for the withdrawal these troops and the
....
question for the security guarantees for those troops.h
The Government the United States refused this proposal
without giving any valid reason for doing. September 17, 1970, broad and flexible
~pirit, advocated June 30, 1971 the deadline for the hdrawal all the American troops and those the
foreign countries the Amc.rican c~p our Eight-Point
Judicial Watch/1:18-cv-02276/0004
.Q:Q
,~~r53,II
Bllilf
SlttSS ED
sum sLa 1ae
Peace Ini tia ve.
t~e
also stated that and quote the event that the Ar.lcrican Government agrees the
witl~rawal all its troops within that time period, the
Peoples Liberation Armed Forces shall refrain from
launchinq attacks against withdrawing Amer.i:can troops, and
the parties shall immediately enter into discussion the
question secu~ity guarantees for the withdrawal
these troops and the question release captured
military personnel. unquote.
Once again, the American Government rejected our
proposal without any valid reason for _so doing. December 10, 1970, pointed out, our
three-poin~ statement cease-fire, that the event
the Ame.r ican Government declares that will withdraw all the American troops and those the roreign countries the American camp from South Viet-Nam before June 30,
1971, cease-fire shall observed between the Peoples
Liberation Armed Forces and the Armed Force.s the United
States and the foreign countries the American camp.
Since put forward the deadline June 30,
1971, almost four months have gone by.
The American
Government must assume the entire .responsibility for this
loss -time.
Nevertheless, the time which remains tween
021
735f53,IJ
Judicial Watch/1:18-cv-02276/0005
~ECI ro1FIED
OECLASSIFIED
26th 2122!
now and June sufficient f6r t~a United States
witl:tdraw all its troops from south Viet-Nam,
truly desirous doing so.
The fact that the Government the United States refuses withdraw all the
~nerican troops withi~ apprdpriate time period shows
that the policy th~t pursues still that prolonging
the American military occupation South Viet-Nam order implement the plan for
the Vietnamiiation the war
This plan which aimed prolonging and extendirig
the war aggres~ion
Viet7Nam andlin Indochina order force the South Vietnamese population submit
American nee-colonialist domination and the Thieu/Ky/
Khiem administration, administration which abhored the South Vietnamese population and whose overthrow
demands.
The policy which aimed prolonging the
American military occupation South Viet-Nam was made
obvious the statements the leaders the Nixon
administration well their maneuver carrying
out drawn-out withdrawal troops.
Mr. Nixon, his January press conference, anc
Mr. Laird, du.ring his recent t:r;:ip Saigon, stated over
and over that and quote The combat role the
@Gitf BZftl
Judicial Watch/1:18-cv-02276/0006
.:.:hr ASS !Fl
(:)(CLASS ED
com sma LIL
American troops South Viet-Nani will come end
the end next sprinq.
What the truth here?
According the statements made American
leaders themselves, the number American troops which
will remain South Viet-Nam after the end the spring
will 284,000, not mention nearly 70,000 satellit~
soldiers South Viet-Nam, and the Seventh Fleet, and the
forces Thailand and~Japan which participate directly
the war aggression South Viet-Nam.
The remaining American troops will belong,
according Mr. Laird, the air, artillery and security
fore.es.
American military experts Saigon admitted
tha.t and quote The security forces mantioned will combat troops.
{This according AFP January
1971.)
For his part, the spokesman for the Pentagon
explained that and quote
The end the combat
role the American troops does not mean that American
troops will longer open fire an.d that
prevent there being patrols.
this does not
(This according UPI
~anuary 1971.) explicit, this means that the United State5
will continue send its troops to.wage sweep operations.
CS!! ..! .22:S
:...~f53,lt
urccAsS1FlED
Judicial Watch/1:18-cv-02276/0007
GS!!l !! lib for the Arnerican air and artillery forces, they
con+.inue bomb and strafe very intensively order
massacre the population South Viet-Nam they have now.
Moreover, the American Government being
delib~rately silent the question the withdrawal
the 1merican soldiers who will remain South Viet-Nam
after the ena of. the spring this year. claims that
the withdraw2.l these forces will depend the success the Vietncl.rrd.zation program.
But the Jmerican Vietnami-
zation program has met with and meeting with more and
more serious setbacks.
This would excuse for the
United States prolong its military occupation South
yiet-Narn.
Public opinion can see that and quote relatively large American force will remain South
....
Viet-Nam for undetermined pericd time.
(This
according M~, January 1971.) long the United States maintains its
military occupation South Viet-Nam, its war
aggression will prolonged anc widened.
The American
Government, after all, has invoked and invoking the
.--
protection American troops South Viet-Nam
----
Judicial Watch/1:18-cv-02276/0008
662:Z
/:J~f53,lt
DECLASSIFIED
OECL~SSlFlED
com ISELI 111
excuse undertake attacks against the Democratic Republic Viet-Nam and widen the war aggression Laos and
Cambodia.
Mr. Lairds recent visit Saigo1:i was made with
the aim preparing new rash military acts against the
peoples Indochina. order serve this American maneuver, the
Thieu/Ky/Khiem administr~tion striving keep the
American troops Sou_th Viet-Nam. has and under--
taking barbarous repression all those who demand the
cessation American aggression and lthe repatriation
American troops. striving justify the criminal
actions the United States against the population.
Whet worse, has just shrunelessly repressed university and
~igh school students for the mere reason that these
students demand the punishing American soldiers who
killed Vietnamese high school students ~he Saigon administration delegate, this
conference, has continuously repeated the absurd allegations put forward the United States attempt
justify the prolongation the American military
_occupation South Viet-Nam.
The allegation the Nixon administration that will. put end the combat role the American
/J~F53,II
Judicial Watch/1:18-cv-02276/0009
OFCL~SS :Ft
6112 lbbit Lilli
troop~ only mane~ver aimed deceiving an