Thread: Kerry shunned by Marines at a Wendy's

First the United States Military supports 100 percent whomever is President at the time.... end of Discussion.

Second it sounds to me like that Member of the United States Marine Corps broke United States Federal Law and should be charged..... and if found guilty at the very least Discharged from the United States Military

Department of Defense Directive


DIRECTIVE

NUMBER 1344.10

June 15, 1990

Certified Current as of December 1, 2003

Incorporating Through Change 2, February 17, 2000

ASD(FMP)

SUBJECT: Political Activities by Members of the Armed
Forces on Active Duty

References: (a) DoD Directive 1344.10, "Political
Activities by Members of the Armed Forces," September
25, 1986 (hereby canceled)

(b) Title 10, United States Code

(c) DoD Directive 5200.2, "DoD Personnel Security Program,"
April 9, 1999

(d) DoD Directive 1325.6, "Guidelines for Handling
Dissident and Protest Activities Among Members of the
Armed Forces," October 1, 1996

(e) through (h), see enclosure 1

1. REISSUANCE AND PURPOSE

This Directive:

1.1. Reissues reference (a) to update DoD policies
on political activities of members of the Armed Forces
on active duty (AD).

1.2. Implements Section 973(b) of reference (b).

2. APPLICABILITY

This Directive applies to the Office of the Secretary
of Defense, the Military Departments (including the
Coast Guard when it is not operating as a Military Service
in the Department of the Navy by agreement with the
Department of Transportation), the Office of the Chairman
of the Joint Chiefs of Staff, the Combatant Commands,
the Office of the Inspector General of the Department
of Defense, the Defense Agencies, the DoD Field Activities,
and all other organizational entities within the Department
of Defense (hereafter referred to collectively as "the
DoD Components").

3. DEFINITIONS

The terms used in this Directive are defined in enclosure
2.

4. POLICY

It is DoD policy that a member of the Armed Forces (hereafter
referred to as "member") is encouraged to carry out
the obligations of a citizen. While on AD, however,
members are prohibited from engaging in certain political
activities. Subject to the guidelines in enclosure
3, the following DoD policy shall apply:

4.1. General

4.1.1. A member on AD may:

4.1.1.1. Register, vote, and express his or her personal
opinion on political candidates and issues, but not
as a representative of the Armed Forces.

4.1.1.2. Make monetary contributions to a political
organization.

4.1.1.3. Attend partisan and nonpartisan political
meetings or rallies as a spectator when not in uniform.

4.1.2. A member on AD shall not:

4.1.2.1. Use his or her official authority or influence
for interfering with an election; affecting the course
or outcome of an election; soliciting votes for a particular
candidate or issue; or requiring or soliciting political
contributions from others.

4.1.2.2. Be a candidate for, or hold, civil office
except as authorized in paragraphs 4.2. and 4.3., below.

4.1.2.3. Participate in partisan political management,
campaigns, or conventions.

4.1.2.4. Make campaign contributions to another member
of the Armed Forces or an employee of the Federal Government.

4.1.3. To assist in applying subparagraphs 4.1.1. and
4.1.2., above, to particular situations, enclosure 3
provides guidelines and examples of permissible and
prohibited political activities. The guidelines in
enclosure 3 do not supersede other specific requirements
and policies, such as those established in DoD Directives
5200.2 and 1325.6 (references (c) and (d)).

4.1.4. Enclosure 4 provides a summary of Federal statutes
restricting certain types of political activities by
members of the Armed Forces.

4.2. Candidacy for Elective Office. A member on AD
may not:

4.2.1. Campaign as a nominee, or as a candidate for
nomination, for civil office, except as authorized in
subparagraph 4.3.3., below. When circumstances warrant,
the Secretary concerned or the Secretary's designee
may permit a member to file such evidence of nomination
or candidacy for nomination, as may be required by law.
Such permission shall not authorize activity while
on AD that is otherwise prohibited in subparagraph 4.1.2.,
above, or enclosure 3 or 4.

4.2.2. Become a candidate for any civil office while
serving an initial tour of extended active duty (EAD)
or a tour of EAD that the member agreed to perform as
a condition of receiving schooling or other training
wholly or partly at U.S. Government expense.

4.3. Election or Appointment to Civil Office

4.3.1. Except as authorized by subparagraph 4.3.3.,
below, or otherwise provided for by law, no member on
AD may hold or exercise the functions of civil office:

4.3.1.1. In the U.S. Government that:

4.3.1.1.1. Is an elective office.

4.3.1.1.2. Requires an appointment by the President
by and with the advice and consent of the Senate.

4.3.1.1.3. Is a position on the executive schedule
under sections 5312 through 5317 of reference (e).

4.3.1.2. In the government of a State; the District
of Columbia; a territory, possession, or commonwealth
of the United States; or in any political subdivision
thereof.

4.3.2. A member may hold or exercise the functions
of a civil office in the U.S. Government that is not
described in subparagraph 4.3.1.1., above, when assigned
or detailed to such office or to perform such functions.

4.3.3. As long as they are not serving on EAD, enlisted
members and Reserve officers may hold partisan or nonpartisan
civil office if such office is held in a private capacity
and does not interfere with the performance of military
duties. Additionally, enlisted members on EAD may
seek and hold nonpartisan civil office as a notary public
or member of a school board, neighborhood planning commission,
or similar local agency, as long as such office is held
in a private capacity and does not interfere with the
performance of military duties. Officers on active
duty may seek and hold nonpartisan civil office on an
independent school board that is located exclusively
on a military reservation.

4.3.4. Unless prohibited by Service regulations, a
member on AD may serve as a regular or reserve civilian
law enforcement officer or as a member of a civilian
fire or rescue squad. Such service shall be in a private
capacity, shall not involve the exercise of military
authority, and shall not interfere with the performance
of military duties.

4.3.5. A member elected or appointed to a prohibited
civil office may request retirement and shall be retired
if eligible for retirement. If such member does not
request or is not eligible for retirement, the member
shall be discharged or released from AD, as determined
by the Secretary concerned.

4.3.6. The separation and retirement requirements of
subparagraph 4.3.5., above, do not apply if the member
declines to serve in the prohibited office; if the Secretary
concerned determines that the member should not be released
from active duty based on the needs of the Service;
or if the member is:

4.3.6.1. Obligated to fulfill an AD service commitment.

4.3.6.2. Serving or has been issued orders to serve
afloat or in an area that is overseas, remote, a combat
zone, or a hostile fire pay area.

4.3.6.3. Ordered to remain on AD while the subject
of an investigation or inquiry.

4.3.6.4. Accused of an offense under the Uniform Code
of Military Justice (UCMJ), 10 U.S.C. chapter 47 (reference
(b)), or serving a sentence or punishment for such offense.

4.3.6.5. Pending administrative separation action or
proceedings.

4.3.6.6. Indebted to the United States.

4.3.6.7. On AD during a period of declared war, a national
emergency, or other period when a unit of the Reserves
or National Guard has been called to AD.

4.3.6.8. In violation of an order or regulation prohibiting
such member from assuming or exercising the functions
of civil office.

4.3.7. A member who refuses to decline to serve in
a prohibited civil office after being denied separation
or retirement in accordance with subparagraph 4.3.6.,
above, may be subject to disciplinary or adverse administrative
action under Service regulations.

4.3.8. No actions undertaken by a member in carrying
out assigned military duties shall be invalidated solely
by virtue of such member having assumed or exercised
the functions of a civil office in violation of paragraph
4.3., above.

5. RESPONSIBILITIES

5.1. The Assistant Secretary of Defense (Force Management
Policy) (ASD(FMP)) shall be responsible for the administration
of this Directive.

5.2. The Secretaries of the Military Departments shall
be responsible for issuance of appropriate implementing
documents for their respective Departments.

6. PROCEDURES

All members of the Armed Forces on AD engaging in political
activities shall follow the guidelines in enclosure
3.

7. EFFECTIVE DATE

This Directive is effective immediately.

Enclosures - 4

E1. References, continued

E2. Definitions

E3. Guidelines on Political Activities

E4. Statutory Restrictions Pertaining to Political
Activities by Members of the Armed Forces

E1. ENCLOSURE 1

REFERENCES, continued

(e) Title 5, United States Code

(f) DoD Directive 1334.1, "Wearing of the Uniform,"
August 11, 1969

(g) Sections 441a, 441f, and 441g of title 2, United
States Code

(h) Sections 592 through 594, 596, 602 through 603,
606 through 607, and 609 of title 18, United States
Code

E2. ENCLOSURE 2

DEFINITIONS

E2.1.1. Active Duty (AD). Full-time duty in the active
Military Service of the United States without regard
to duration or purpose, including:

E2.1.1.1. Full-time training duty;

E2.1.1.2. Annual training duty;

E2.1.1.3. Attendance, while in the active Military
Service, at a school designated as a Service school
by law or by the Secretary of the Military Department
concerned; and

E2.1.1.4. National Guard duty, as defined in 10 U.S.C.
101(42) (reference (b)).

E2.1.2. Armed Forces. The U.S. Army, Navy, Air Force,
Marine Corps, and Coast Guard, including the Reserve
components and the National Guard, as defined in 10
U.S.C. 101(9), 101(10), and 101(12) (reference (b)).

E2.1.3. Civil Office. A non-military office involving
the exercise of the powers or authority of civil government,
to include elective and appointive office in the U.S.
Government, a U.S. territory or possession, State, county,
municipality, or official subdivision thereof.

E2.1.4. Extended Active Duty (EAD). AD under a call
or order for a period in excess of 270 days.

E2.1.5. Nonpartisan Political Activity. Activity
supporting or relating to candidates not representing,
or issues not specifically identified with, national
or State political parties and associated or ancillary
organizations. Issues relating to constitutional amendments,
referendums, approval of municipal ordinances, and others
of similar character are not considered under this Directive
as specifically being identified with national or State
political parties.

E2.1.6. Partisan Political Activity. Activity supporting
or relating to candidates representing, or issues specifically
identified with, national or State political parties
and associated or ancillary organizations.

E2.1.7. Secretary Concerned. Defined in 10 U.S.C.
101(9) (reference (b)).

E3. ENCLOSURE 3

GUIDELINES ON POLITICAL ACTIVITIES

E3.1. PURPOSE

This enclosure provides guidance for implementing this
Directive.

E3.2. EXAMPLES OF PERMISSIBLE POLITICAL ACTIVITIES


A member on AD may:

E3.2.1. Register, vote, and express a personal opinion
on political candidates and issues, but not as a representative
of the Armed Forces.

E3.2.2. Promote and encourage other military members
to exercise their voting franchise, if such promotion
does not constitute an attempt to influence or interfere
with the outcome of an election.

E3.2.3. Join a political club and attend its meetings
when not in uniform. See DoD Directive 1334.1 (reference
(f)).

E3.2.4. Serve as an election official, if such service
is not as a representative of a partisan political party,
does not interfere with military duties, is performed
while out of uniform, and has the prior approval of
the Secretary concerned or the Secretary's designee.

E3.2.5. Sign a petition for specific legislative action
or a petition to place a candidate's name on an official
election ballot, if the signing does not obligate the
member to engage in partisan political activity and
is done as a private citizen and not as a representative
of the Armed Forces.

E3.2.6. Write a letter to the editor of a newspaper
expressing the member's personal views on public issues
or political candidates, if such action is not part
of an organized letter-writing campaign or concerted
solicitation of votes for or against a political party
or partisan political cause or candidate.

E3.2.7. Make monetary contributions to a political
organization, party, or committee favoring a particular
candidate or slate of candidates, subject to the limitations
under 2 U.S.C. 441a and 18 U.S.C. 607 (references (g)
and (h)).

E3.2.8. Display a political sticker on the member's
private vehicle.

E3.3. EXAMPLES OF PROHIBITED POLITICAL ACTIVITIES

In accordance with the statutory restrictions in 10
U.S.C. 973(b) (reference (b)) and references (g) and
(h), and the policies established in section 4., above,
of this Directive, a member on AD shall not:

E3.3.1. Use official authority or influence to interfere
with an election, affect the course or outcome of an
election, solicit votes for a particular candidate or
issue, or require or solicit political contributions
from others.

E3.3.2. Be a candidate for civil office in Federal,
State, or local government, except as authorized in
section 4., above, of this Directive, or engage in public
or organized soliciting of others to become partisan
candidates for nomination or election to civil office.

E3.3.3. Participate in partisan political management
or campaigns, or make public speeches in the course
thereof.

E3.3.4. Make a campaign contribution to another member
of the Armed Forces or to a civilian officer or employee
of the United States for promoting a political objective
or cause.

E3.3.5. Solicit or receive a campaign contribution
from another member of the Armed Forces or from a civilian
officer or employee of the United States for promoting
a political objective or cause.

E3.3.6. Allow or cause to be published partisan political
articles signed or written by the member that solicits
votes for or against a partisan political party or candidate.

E3.3.7. Serve in any official capacity or be listed
as a sponsor of a partisan political club.

E3.3.8. Speak before a partisan political gathering
of any kind for promoting a partisan political party
or candidate.

E3.3.9. Participate in any radio, television, or other
program or group discussion as an advocate of a partisan
political party or candidate.

E3.3.10. Conduct a political opinion survey under the
auspices of a partisan political group or distribute
partisan political literature.

E3.3.11. Use contemptuous words against the officeholders
described in 10 U.S.C. 888 (reference (b)), or participate
in activities proscribed by DoD Directives 5200.2 and
1325.6 (references (c) and (d)).

E3.3.12. Perform clerical or other duties for a partisan
political committee during a campaign or on an Election
Day.

E3.3.13. Solicit or otherwise engage in fundraising
activities in Federal offices or facilities, including
military reservations, for a partisan political cause
or candidate.

E3.3.14. March or ride in a partisan political parade.

E3.3.15. Display a large political sign, banner, or
poster (as distinguished from a bumper sticker) on the
top or side of a private vehicle.

E3.3.16. Participate in any organized effort to provide
voters with transportation to the polls if the effort
is organized by, or associated with, a partisan political
party or candidate.

E3.3.17. Sell tickets for, or otherwise actively promote,
political dinners and similar fundraising events.

E3.3.18. Attend partisan political events as an official
representative of the Armed Forces.

E3.4. POLITICAL ACTIVITIES NOT EXPRESSLY PERMITTED
OR PROHIBITED

Some activities not expressly prohibited may be contrary
to the spirit and intent of section 4. of this Directive
or section E3.3. of this enclosure. In determining
whether an activity violates the traditional concept
that Service members should not engage in partisan political
activity, rules of reason and common sense shall apply.
Any activity that may be viewed as associating the
Department of Defense or the Department of Transportation,
in the case of the Coast Guard, or any components of
such Departments directly or indirectly with a partisan
political cause or candidate shall be avoided.

E3.5. LOCAL NONPARTISAN POLITICAL ACTIVITIES

This Directive does not preclude participation in local
nonpartisan political campaigns, initiatives, or referendums.
A member taking part in local nonpartisan political
activity, however, shall not:

E3.5.1. Wear a uniform or use any Government property
or facilities while participating.

E3.5.2. Allow such participation to interfere with,
or prejudice, the member's performance of military duties.

E3.5.3. Engage in conduct that in any way may imply
that the Department concerned or any component of such
Department has taken an official position on, or is
otherwise involved in, the local political campaign
or issue.

E3.6. ADDITIONAL REQUIREMENTS

Members of the Armed Forces on AD engaging in permissible
political activities shall:

E3.6.1. Give full time and attention to the performance
of military duties during prescribed duty hours.

E3.6.2. Avoid any outside activities that may be prejudicial
to the performance of military duties or are likely
to bring discredit upon the Armed Forces.

E3.6.3. Refrain from participating in any political
activity while in military uniform, as proscribed by
DoD Directive 1334.1 (reference (f)), or using Government
facilities or resources for furthering political activities.

E4. ENCLOSURE 4

STATUTORY RESTRICTIONS PERTAINING TO POLITICAL ACTIVITIES
BY MEMBERS OF THE ARMED FORCES

Members of the Armed Forces are prohibited by various
provisions of titles 10, 2, and 18, United States Code
(references (b), (g), and (h)), from engaging in certain
types of political activities. The statutory provisions
most directly applicable to members of the Armed Forces
are as follows:

"Title 10 U.S.C. Sec. 973. Duties: officers on
active duty; performance of civil functions restricted

"(a) No officer of an Armed Force on active duty
may accept employment if that employment requires him
to be separated from his organization, branch, or unit,
or interferes with the performance of his military duties.

"(b)(1) This subsection applies--

(A) to a Regular officer of an Armed Force on the
active-duty list (and a Regular officer of the Coast
Guard on the active duty promotion list);

(B) to a retired Regular officer of an Armed Force
serving on active duty under a call or order to active
duty for a period in excess of 270 days; and

(C) to a Reserve officer of an Armed Force serving
on active duty under a call or order to active duty
for a period in excess of 270 days.

(2)(A) Except as otherwise authorized by law, an
officer to whom this subsection applies may not hold,
or exercise the functions of, a civil office in the
Government of the United States--

(i) that is an elective office;

(ii) that requires an appointment by the President
by and with the advice and consent of the Senate; or

(iii) that is a position in the Executive Schedule
under sections 5312 through 5317 of title 5.

(B) An officer to whom this subsection applies may
hold or exercise the function of a civil office in the
Government of the United States that is not described
in subparagraph (A) when assigned or detailed to that
office or to perform those functions.

(3) Except as otherwise authorized by law, an officer
to whom this subsection applies may not hold or exercise,
by election or appointment, the functions of a civil
office in the government of a State, the District of
Columbia, or a territory, possession, or commonwealth
of the United States (or of any political subdivision
of any such government).

(4) Nothing in this subsection shall be construed
to invalidate any action undertaken by an officer in
furtherance of assigned official duties.

"(c) An officer to whom subsection (b) applies may
seek and hold nonpartisan civil office on an independent
school board that is located exclusively on a military
reservation.

"(d) The Secretary of Defense, and the Secretary
of Transportation with respect to the Coast Guard when
it is not operating in the Navy, shall prescribe regulations
to implement this section."

"Title 2 U.S.C. Sec. 441a. Limitations on contributions
and expenditures

"(a) Dollar limits on contributions

(1) No person shall make contributions--

(A) to any candidate and his authorized political
committees with respect to any election for Federal
office which, in the aggregate, exceed $1,000;

(B) to the political committees established and
maintained by a national political party, which are
not the authorized political committees of any candidate
in any calendar year which, in the aggregate, exceed
$20,000; or

(C) to any other political committee in any calendar
year which, in the aggregate, exceed $5,000.

(2) No multicandidate political committee shall
make contributions--

(A) to any candidate and his authorized political
committees with respect to any election for Federal
office which, in the aggregate, exceed $5,000;

(B) to the political committees established and
maintained by a national political party, which are
not the authorized political committees of any candidate,
in any calendar year, which, in the aggregate, exceed
$15,000; or

(C) to any other political committee in any calendar
year which, in the aggregate, exceed $5,000.

No individual shall make contributions aggregating
more than $25,000 in any calendar year. For purposes
of this paragraph, any contribution made to a candidate
in a year other than the calendar year in which the
election is held with respect to which such contribution
is made is considered to be made during the calendar
year in which such election is held.

. . .

For purposes of the limitations imposed by this section,
all contributions made by a person, either directly
or indirectly, on behalf of a particular candidate,
including contributions which are in any way earmarked
or otherwise directed through an intermediary or conduit
to such candidate, shall be treated as contributions
from such person to such candidate. The intermediary
or conduit shall report the original source and the
intended recipient of such contribution to the Commission
and to the intended recipient.

. . . . "

"Title 2 U.S.C. Sec. 441f. Contributions in the
name of another prohibited

"No person shall make a contribution in the name of
another person or knowingly permit his name to be used
to effect such contribution, and no person shall knowingly
accept a contribution made by one person in the name
of another person."

"Title 2 U.S.C. Sec. 441g. Limitation on contribution
of currency

"No person shall make contributions of currency of
the United States or currency of any foreign country
to or for the benefit of any candidate which, in the
aggregate, exceed $100, with respect to any campaign
of such candidate for nomination for election, or for
election, to Federal office."

"Title 2 U.S.C. Sec. 592. Troops at polls

"Whoever, being an officer of the Army or Navy, or
other person in the civil, military, or naval service
of the United States, orders, brings, keeps, or has
under his authority or control any troops or armed men
at any place where a general or special election is
held, unless such forces be necessary to repel armed
enemies of the United States, shall be fined not more
than $5,000 or imprisoned not more than five years,
or both; and be disqualified from holding any office
of honor, profit, or trust under the United States.

"This section shall not prevent any officer or member
of the Armed Forces of the United States from exercising
the right of suffrage in any election district to which
he may belong, if otherwise qualified according to the
laws of the State in which he offers to vote."

"Title 18 U.S.C. Sec. 593. Interference by Armed
Forces

"Whoever, being an officer or member of the Armed
Forces of the United States, prescribes or fixes or
attempts to prescribe or fix, whether by proclamation,
order or otherwise, the qualifications of voters at
any election in any State; or

"Whoever, being such officer or member, prevents or
attempts to prevent by force, threat, intimidation,
advice or otherwise any qualified voter of any State
from fully exercising the right of suffrage at any general
or special election; or

"Whoever, being such officer or member, orders or
compels or attempts to compel any election officer in
any State to receive a vote from a person not legally
qualified to vote; or

"Whoever, being such officer or member, imposes or
attempts to impose any regulations for conducting any
general or special election in a State, different from
those prescribed by law; or

"Whoever, being such officer or member, interferes
in any manner with an election officer's discharge of
his duties--

"Shall be fined under this title or imprisoned not
more than five years, or both; and disqualified from
holding any office of honor, profit or trust under the
United States.

"This section shall not prevent any officer or member
of the Armed Forces from exercising the right of suffrage
in any district to which he may belong, if otherwise
qualified according to the laws of the State of such
district."

"Title 18 U.S.C. Sec. 594. Intimidation of voters

"Whoever intimidates, threatens, coerces, or attempts
to intimidate, threaten, or coerce, any other person
for the purpose of interfering with the right of such
other person to vote or to vote as he may choose, or
of causing such other person to vote for, or not to
vote for, any candidate for the office of President,
Vice President, Presidential elector, Member of the
Senate, Member of the House of Representatives, Delegate
from the District of Columbia, or Resident Commissioner,
at any election held solely or in part for the purpose
of electing such candidate, shall be fined under this
title or imprisoned not more than one year, or both."

"Title 18 U.S.C. Sec. 596. Polling Armed Forces

"Whoever, within or without the Armed Forces of the
United States, polls any member of such forces, either
within or without the United States, either before or
after he executes any ballot under any Federal or State
law, with reference to his choice of or his vote for
any candidate, or states, publishes, or releases any
result of any purported poll taken from or among the
members of the Armed Forces of the United States or
including within it the statement of choice for such
candidate or of such votes cast by any member of the
Armed Forces of the United States, shall be fined under
this title or imprisoned for not more than one year,
or both.

"The word 'poll' means any request for information,
verbal or written, which by its language or form of
expression requires or implies the necessity of an answer,
where the request is made with the intent of compiling
the result of the answers obtained, either for the personal
use of the person making the request, or for the purpose
of reporting the same to any other person, persons,
political party, unincorporated association or corporation,
or for the purpose of publishing the same orally, by
radio, or in written or printed form."

"Title 18 U.S.C. Sec. 602. Solicitation of political
contributions

"It shall be unlawful for--

(1) a candidate for the Congress;

(2) an individual elected to or serving in the office
of Senator or Representative in, or Delegate or Resident
Commissioner to, the Congress;

(3) an officer or employee of the United States
or any Department or Agency thereof; or

(4) a person receiving any salary or compensation
for services from money derived from the Treasury of
the United States to knowingly solicit any contribution
within the meaning of section 301(8) of the Federal
Election Campaign Act of 1971 from any other such officer,
employee, or person. Any person who violates this
section shall be fined under this title or imprisoned
not more than three years, or both."

"Title 18 U.S.C. Sec. 603. Making political contributions

"(a) It shall be unlawful for an officer or employee
of the United States or any Department or Agency thereof,
or a person receiving any salary or compensation for
service from money derived from the Treasury of the
United States, to make any contribution within the meaning
of section 301(8) of the Federal Election Campaign Act
of 1971 to any other such officer, employee or person
or to any Senator or Representative in, or Delegate
or Resident Commissioner to, the Congress, if the person
receiving such contribution is the employer or employing
authority of the person making the contribution. Any
person who violates this section shall be fined under
this title or imprisoned not more than three years,
or both.

"(b) For purposes of this section, a contribution
to an authorized committee as defined in section 302(e)(1)
of the Federal Election Campaign Act of 1971 shall be
considered a contribution to the individual who has
authorized such committee."

"Title 18 U.S.C. Sec. 606. Intimidation to secure
political contributions

"Whoever, being one of the officers or employees of
the United States mentioned in section 602 of this title,
discharges or promotes, or degrades, or in any manner
changes the official rank or compensation of any other
officer or employee, or promises or threatens so to
do, for giving or withholding or neglecting to make
any contribution of money or other valuable thing for
any political purpose, shall be fined under this title
or imprisoned not more than three years, or both."

"Title 18 U.S.C. Sec. 607. Place of solicitation

"(a) It shall be unlawful for any person to solicit
or receive any contribution within the meaning of section
301(8) of the Federal Election Campaign Act of 1971
in any room or building occupied in the discharge of
official duties by any person mentioned in section 603,
or in any navy yard, fort, or arsenal. Any person
who violates this section shall be fined under this
title or imprisoned not more than three years, or both.

"(b) The prohibition in subsection (a) shall not
apply to the receipt of contributions by persons on
the staff of a Senator or Representative in, or Delegate
or Resident Commissioner to, the Congress, provided,
that such contributions have not been solicited in any
manner which directs the contributor to mail or deliver
a contribution to any room, building, or other facility
referred to in subsection (a), and provided that such
contributions are transferred within seven days of receipt
to a political committee within the meaning of section
302(e) of the Federal Election Campaign Act of 1971."

"Title 18 U.S.C. Sec. 609. Use of military authority
to influence vote of member of Armed Forces

*End Paste*




Now that Directive clearly states among other things the following.....

"Whoever, being a commissioned, noncommissioned, warrant,
or petty officer of an Armed Force, uses military authority
to influence the vote of a member of the Armed Forces
or to require a member of the Armed Forces to march
to a polling place, or attempts to do so, shall be fined
in accordance with this title or imprisoned not more
than five years, or both. Nothing in this section
shall prohibit free discussion of political issues or
candidates for public office."

and

"Whoever intimidates, threatens, coerces, or attempts
to intimidate, threaten, or coerce, any other person
for the purpose of interfering with the right of such
other person to vote or to vote as he may choose, or
of causing such other person to vote for, or not to
vote for, any candidate for the office of President,
Vice President, Presidential elector, Member of the
Senate, Member of the House of Representatives, Delegate
from the District of Columbia, or Resident Commissioner,
at any election held solely or in part for the purpose
of electing such candidate, shall be fined under this
title or imprisoned not more than one year, or both."

Also

This Directive does not preclude participation in local
nonpartisan political campaigns, initiatives, or referendums.
A member taking part in local nonpartisan political
activity, however, shall not:..........


Engage in conduct that in any way may imply
that the Department concerned or any component of such
Department has taken an official position on, or is
otherwise involved in, the local political campaign
or issue.

and

EXAMPLES OF PROHIBITED POLITICAL ACTIVITIES

In accordance with the statutory restrictions in 10
U.S.C. 973(b) (reference (b)) and references (g) and
(h), and the policies established in section 4., above,
of this Directive, a member on AD shall not:

E3.3.1. Use official authority or influence to interfere
with an election, affect the course or outcome of an
election, solicit votes for a particular candidate or
issue, or require or solicit political contributions
from others.

E3.3.11. Use contemptuous words against the officeholders
described in 10 U.S.C. 888 (reference (b)), or participate
in activities proscribed by DoD Directives 5200.2 and
1325.6 (references (c) and (d)).

If I was calling the shots and the stroy turned out to be true I would have that Marine Discharged.... and Fined.

Lastly If said Member of the United States Marine Corps did hit or threaten to strike Senator Kerry the United States Secret Service could have and most likely would have killed him for doing so.... but short of that would have stopped him from harming the Senator and charged him with a crime.


The United States Military is to be Non-Partisan.... Above Petty Politics..... It is what makes us better then everyone else and I can tell you this If the Marine did in fact say those things and I was there as witness to such he would have been charged because I would have filed the Complaint with his Command.






HawkEye