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Letters and FOIA Requests To Departments Of Defense/Army





400 Army Navy Drive

Arlington, Virginia  22202-4704

Attn:  Action Officer

Ms. Barbara Davis-Flanagan   Re: 05-0147  McCarthy

Subject:  Concerns over redaction in requested documents re DOD Directive 5100.

Dear Ms. Flanagan,

The series of email pasted below will give you an idea of the problem I have realized in requesting FOIA information from the offices listed.

This stone walling continues with the exception of the letter received yesterday, February 11, 2005, from Mr. Darryl R. Aaron of your office.   Mr. Aaron's decision to forward the FOIA request to the DOA IG is, I feel, appropriate.  However, please see below the FOIA request to the FOIA Office of the Department of the Army IG August 19, 2004.  It remains unanswered.
That is why I have resorted to contacting your office in this matter.

Correspondence on this matter has remained unanswered for over three and a half years from Senators Kyl and Shelby of the Senate Intelligence Committee and former AG Aschcorft.  See below.  That is why the Inspector General of The United States must be notified.

When the Department of The Army finally decides to provide me with the requested documents, including allied paperwork of the Record of Trial, as requested in the original correspondence below, I fear that a portion of this material will be redacted for "national security" reasons.  I know from past experience that DOA will attempt to ascertain from all agencies mentioned in the Record of Trial if there remains justification for maintaining the original classification.  This is where the real problem lies.  Note that on the Record Jacket of the Record of Trial, a stamp declaring DOD DIRECTIVE 5100 DOES NOT APPLY.  (AUTOMATIC DOWNGRADING)

I must remind you, that Treason in Wartime, as irrefutably shown in the Government documents contained in the referenced sites below, of blatant disregard for Presidential Directives issued during National Security Council meetings, during War Time, with NSC representatives of ALL agencies in attendance,  cannot be a reason to continue a classification on security matters involving Rogue CIA operations in violation of the President's Directives.

These once Top Secret Documents were rendered unclassified by the State Department in 2000 and placed on the LBJ Library Web Site, where they remain.  This action caused a great amount of grief at CIA.  Now we know why;  Treason In Wartime.  Currently, there are a number of Professors seeking copies of the Presidential Daily Briefs of LBJ.  CIA is refusing to release these documents.  This will add prima fascia evidence of Treason In Wartime on the part of the CIA.

Since your office has notified the DOA IG of the pending FOIA request, I now ask that you provide them and the  Department of Justice IG, the FBI IG, the CIA IG, and the Inspector General of The United States of this ongoing attempt to squelch this FOIA request for reasons of covering up Conspiracy to Commit Treason In Wartime in defiance of Presidential Directives and Conspiracy to obstruct justice in a capital murder case (my court- martial) in order to cover up the Treason.

Please provide me with copies of all future correspondence on this matter.

Please thank Mr. Aaron for his prompt reply and provide him with this new information.  I noted with some consternation that Mr. Aaron's letter contained the wording "resulting in a conviction" but without any reference to the conviction being overturned at the first appellate level because of "fraud on the court".  I would hate to think that predisposition in this matter might be realized by this omission.

You will receive this email on Monday February 14, 2005.  Happy Valentines Day!

I will call your office today re this email, and a printed copy will be mailed to your office.


John McCarthy

3628 Colonial Avenue

Los Angeles, CA 90066

310 397 1143



The letter below sent to Colonel Robin Swope, United States Military Academy, West Point, New York, remains unanswered. The required time for response has lapsed.

In addition to the requested items below, your office IG Hotline is also delinquent in responding to charges of Treason in Wartime sent in 2004.

National Security Council Documents provide irrefutable evidence of Treason on the part of the National Security Council members who blatantly disregarded Presidential Directives issued during said Council meeting, during Wartime. The results were disastrous.

Then Prince, now King, Norodom Sihanouk of Cambodia is in possession of these NSC documents. The Cambodian Embassy in Washington, DC is also in receipt of these documents.

The documents below provide notice of additional non-response from members of the Senate Intelligence Committee (Shelby and Kyl) and the recently departed Attorney General, who had this information on his desk for over three years without action or response. Follow-up telephonic communication with the Duty Officer of the Department of Justice was met with panic and choking when the term "TREASON IN WARTIME" was broached. There was no response to that communication, either.

Karl Rove, the Presidents adviser, is in receipt of the following documents via FAX sent to his White House Office. Therefore, this information is of no surprise to the current administration.


I do believe it is time for a recognition of the allegations and evidence provided and a comprehensive notice of how your office plans to remedy this matter.

Background information on this matter is contained in the following URL's


The Central Intelligence Agency, after years of denying knowledge of the information above, has recently responded to an FOIA request for all documents on this matter by now saying these topics are classified and not available to FOIA requests. That, in itself, is progress.

This pattern of abuse re FOIA requests is endemic and must be addressed without further delay.

If your office follows suit with regard to the non-response to this request for copies of my Record of Trial, described below, in the allotted time frame, and the high crimes described in the URL's above, I have no other recourse than to apply the remedy in our nations judicial system.

John McCarthy

Copy of Record of Trial by Court-martial


Colonel Robin Swope
Staff Judge Advocate USMA

Dear Colonel Swope,

I experienced a General Court-Martial conducted on 29-30 January, 1968, at the USARV Headquarters in Long Binh, Vietnam, resulting in a conviction for the charge of premeditated murder. Although facing the death penalty, the court, in their wisdom, sentence me to imprisonment "for the term of your natural life" only. Sentencing did not include reduction in rank, forfeiture of pay and allowances nor dismissal from the service. I continued to draw full pay although my "allowances" were drastically curtailed in violation of sentencing while incarcerated at the USDB at Ft. Leavenworth, Kansas.

Newly found evidence in the form of a written recantation by the Government's Expert Witness at trial was presented to the Court of Military Review which determined, in November, 1970, this information to be "fraud upon the court" resulting in the setting aside of the conviction and subsequent ruling by a new convening authority who determined that a conviction at a new trial was "highly unlikely", resulting in the dismissal of the charge on January 8, 1971.

I noted on the distribution list that the USMA was a recipient of a copy of this Record of Trial, Case No. CM 417936

I request a complete copy of this Record of Trial be made a available to me with a waiver for no cost, since this is "my" Record of Trial. I was unable to maintain the integrity of the copy issued to me subsequent to trial due to the environment of the maximum security 5 x 7 foot cell in which I was incarcerated in virtual isolation for months on end. I also request a copy of all allied paperwork associated with the Record of Trial at no cost to myself which I was never provided a copy of, IE, the Article 32 Hearing and the SJA Post Trial Review and copies of all interviews by CID, CIC and CIA of witnesses at trial.

Further information to assist in your search for the requested documents:

John J McCarthy, Jr.
Captain, Infantry, USAR
Unit Assigned--Detachment B-57, 5th Special Forces Group, Airborne, Project Cherry,
Case Officer for CIA Directed Black Terror and
Assassination Missions in Vietnam and Cambodia

Request for a HQDA I.G. Investigation into the McCarthy Saga

TO: Inspector General
Headquarters, U. S. Department of the Army
Washington, DC 20310

FROM: Larry W. Bryant
3518 Martha Custis Drive
Alexandria, VA 22302

DATE: August 19, 2004

Based on the enclosed affidavit from former U. S. Army captain John Joseph McCarthy, Jr., of Los Angeles, Calif., I, a retired civilian member of the "Total Army," hereby request that your office conduct an immediate, comprehensive investigation into the events, policies, practices, and principals surrounding this unresolved case of official treachery and treason to which Mr. McCarthy bears witness -- a case that not only has ruined the military career of a model intelligence officer but also has left a seemingly indelible black mark upon the entire U. S. intelligence community.

The cited CIA-Army criminality -- including treasonous activity in war time, fraud upon the court, gross abuse of authority, and the official cover-up thereof -- evident from Mr. McCarthy's careful compilation of available evidence gives you no recourse but to conduct the sought-for investigation and to issue a full report thereof to the public.

Of course, your choosing not to take this requested action certainly will prolong the effects of the wrongful prosecution and fraudulent character disparagement of Mr. McCarthy; and your rejection of this request will cast your office as an accomplice in that ongoing travesty of justice and in its related cover-up.

When John McCarthy drew upon his innate bravery and commitment to public service during his tour of duty in Vietnam, little did he suspect that, decades later, he'd have to apply that same degree of bravery and idealism toward achieving victory over a domestic adversary lurking behind the cover of the U. S. flag and beneath the eagle of U. S. military authority. You, sir, now hold in your hands the key to McCarthy's vindication -- and to assuring full accountability from the perpetrators/perpetuators of his grievance. Please at least match his exemplary moral courage and commitment by fulfilling this request as soon as possible.

Furthermore, I ask that you promptly identify for me the I.G. case officer to whom you're assigning this matter -- so that I may arrange a personal meeting with him/her by which I may deliver some of the McCarthy-acquired documentation supporting this request.

By snail-mail, I'm sending to you a signed printout of this e-formatted letter.


Copies furnished to:

Mr. McCarthy

Mark S. Zaid, Esq. (Washington, D.C.)

Chairman, U. S. Senate Select Committee on Intelligence

Cambodian Ambassador to the United States

To AG Ashcroft

By John McCarthy, June 9, 2004

AG Ashcroft,

If you get around to reversing your stonewalling of Congress re the "torture memo" circulating throughout the media, it would also not be a bad idea to respond to the letters re high crimes and treason sent to you over two years ago by Larry J O'Daniel: These letters are contained in the URL's below.




Your lack of response to matters of treason is egregious and unconscionable. Who else but you has the authority to act and react to these most serious of felonies?

I demand to know why you have stonewalled our attempts to thwart the repetition of the WMD fiasco, nearly a repeat of the Intelligence Community's utter disregard for Presidential Directives issued during National Security Council meetings, during War Time!

This information contains once Top Secret documents declassified by the State Department in 2000, much to the chagrin of the CIA. Now we know why. These NSC documents have been sent to interested parties and it would be a farce and waste of time to attempt "reclassifying" these matters.

Ironically, CIA has responded to an FOIA request by saying these matters remain classified. That is a step in the right direction as for the previous thirty five years, CIA has denied ANY KNOWLEDGE of Project Cherry and related matters. It is quite apparent that the new minders of the corrupt files at CIA have not a clue as to their predecessors modus operandi.

The crime of treason must not be classified in an attempt to hide the very crime itself. If the excuse of protecting "sources and methods" is invoked, it should be noted that crimes against the nation must not be secreted and the perpetrators must be brought to justice.

National Security is not at stake here but National Embarrassment is. It is time to clean house.
It is high time you crawled out from under your umbrella of arrogance and deniability and DO YOUR JOB! By the way, you work for me and I want accountability or your resignation. To date, your conduct is reprehensible and if I was writing your evaluation it would read:

"This officer constantly fails to meet the low standards he sets for himself."

I expect and demand a response.

John McCarthy

FOIA Request to the U. S. Army Crime Records Center

TO: Director
U. S. Army Crime Records Center
ATTN: Freedom of Information Manager
Fort Belvoir, VA 22060

FROM: Larry W. Bryant

DATE: August 13, 2004

In the course of collecting/evaluating evidence about the murder of former Cambodian intelligence operative Inchin Lam, back in the late sixties in in Vietnam, under mysterious circumstances involving possible wrongful CIA-Army collusion, certain officials from the U. S. Army Criminal Investigations Command created a dossier on Lam and his activities/associations/motivations.

Accordingly, under terms of the U. S. Freedom of Information Act/U.S. Privacy Act, I hereby request that you send me a copy of all USACIDC-generated and USACIDC-received records as regards the contents of

(1) Mr. Lam's dossier as cited above;

(2) Mr. (former Army captain) John Joseph McCarthy, Jr.'s CID-maintained dossier, including any and all elements thereof that may still reside within Mr. Lam's dossier.

Please note that, for my total, unequivocal access to your McCarthy-related records, I have his direct proxy, in the form of the enclosed Notice of Authorization.

Since I make this request as an independent writer focusing on actual and/or potential whistleblower-derived evidence exposing official wrongdoing at the highest levels of government, and since such exposure would significantly educate the general public as to all related government activities/policies/programs, I hereby request that you waive all records-search fees incident to your fulfilling this request.

By snail-mail, I'm sending to you a signed printout of this e-formatted letter.


Copies furnished to:

Mr. McCarthy

Mark S. Zaid, Esq. (Washington, D.C.)

Chairman, U. S. Senate Committee on the Judiciary

Chairman, U. S. Senate Select Committee on Intelligence

FOIA Request re Correspondence about the McCarthy Saga

TO: Hon. John Ashcroft
Attorney General of the United States
ATTN: Freedom of Information Act Manager
Washington, DC 20530

FROM: Larry W. Bryant

DATE: July 25, 2004

When either a former U. S. Army special forces captain (and CIA-trained operative during the Vietnam era) or his associate (Larry J. O'Daniel) writes a series of (unanswered) letters to any cabinet-level official about his concerns over suspected criminal, treasonous activity deriving from a clandestine CIA operation called "Project Cherry," he expects and deserves a thoughtful, comprehensive, and committal reply from that official.

The unanswered correspondence in this case includes a June 9, 2004, "open letter" (now posted upon the Internet) from the whistleblower in question -- Mr. John J. McCarthy, Jr., of Los Angeles, Calif. I'm enclosing a computer-printout of the contents of that letter to you, Mr. Ashcroft.

Of course, your department's continued dead-silence strategy on Mr. McCarthy's revelations not only amounts to administrative discourtesy; it also raises a red flag in the minds of some citizens that your department has a "least said, best said" policy as to exposure of possible wrongdoing in official circles. If, indeed, Mr. McCarthy has pointed you in the right direction toward that exposure, then your continued silence cannot but brand you as an apologist for the alleged wrongdoing -- a position totally contrary to the charter of your department.

So as to shed the full light of accountability on this case, I hereby submit this letter as a formal, written freedom-of-information request: please send me a copy of all Justice Department-received and Justice Department-generated records pertaining to Mr. McCarthy's June 9, 2004, letter and to all related earlier correspondence. For the purposes of this request, I'm enclosing a copy of a recently executed NOTICE OF AUTHORIZATION from Mr. McCarthy, granting me his authority to access the sought-for records.

Since I make this request as an independent writer focusing on actual and/or potential whistleblower-derived evidence exposing official wrongdoing at the highest levels of government, and since such exposure would significantly educate the general public as to all related government activities/policies/programs, I hereby request that you waive all records-search fees incident to your fulfilling this request.

Please note that I'm snail-mailing to you a signed printout of this e-formatted letter.


Copies furnished to:

Mr. McCarthy

Mark S. Zaid, Esq. (Washington, D.C.)

Chairman, U. S. Senate Committee on the Judiciary

Chairman, U. S. Senate Select Committee on Intelligence

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