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The Writings Of And About John McCarthy

Treachery And Treason
Page 6

January 2005 - November 2005

The New Yorker Magazine


Kudos to Mr. Hersh for writing this article:


And thanks to the New Yorker for having the courage to publish it!

The is one item barely addressed by Mr. Hersh. It is almost totally overlooked by the talking heads of the White House, the DOD, DIA, CIA and State Department and those broadcasting on CNN from Iraq. You will NEVER see the NSC nor the NSA broach the following subject which is the essence of the dilemma we face in the Middle East. You will never hear the Generals from Iraq discussing the fact that the guerrilla warfare there is alive and well, only that the acts of "insurgents" (sounds like folks from out of town, eh?) who take their toll on whomever is in the way. NOT ONE spokesman from State or the Pentagon or DOD will acknowledge that we are very much involved in a classic Guerrilla War.

The subject is Terror. Not terrorism, banditry, insurrectionist activity, but plain old fashioned unadulterated Terror.

Mao Tse Tung's teachings on and about Guerrilla Warfare, sometimes used in the hushed tones of "Unconventional Warfare", or UW, are in the lesson plans used by the Special Warfare School at Ft. Bragg, NC, and elsewhere.

The First Phase of Guerrilla warfare is Terror.

It is used to convince the population that the government in power cannot and will not protect the population from terrorist type actions: Bombings, Assassination, Kidnapping, rape pillage and burn, severing lines of communication, destroying the infrastructure of oil and gas services, blowing up bridges, rail yards, churches and mosques. Shooting policemen and blowing up their district stations, assassinating judges, lawyers, school teachers, media representatives, clergy, and indiscriminant targeting of any and all military personnel from all countries involved in the aggressive war against their nation with the use of IED, indiscriminent exploding device. There is nothing 'indiscriminent" about a command detonated explosive. It is designed to detonate for maximum effect at the appropriate time. An 'indiscriminent' device might very well be detonated by the use of a "time pencil" which allows those who place the explosive to be long gone by the time of detonation; another CIA taught tactic.

That’s a relatively new term for "field expedient demolitions" which are those weapons manufactured and employed by guerrilla forces in Phase One of UW. All these techniques were taught to virtually thousands of mid east citizens in virtually every country, except Israel. These teachings, obviously, have not been forgotten.

During the Sixties and Seventies Special Forces personnel, at the direction of the CIA, traveled from Norway to Pakistan, including most countries in between, and taught the disciplines of UW to the military forces of those nations. These forces were based in Bad Toelz, Germany.

When one officer returning from Lebanon in 1962 wrote to his father, then the Army Chief of Staff at the Pentagon, the good General took his sons' letter, which referenced all the countries visited by fellow Special Forces A-Teams, and gave copies to all members at the next meeting of the Joint Chiefs of Staff. The only comment from General Goodpaster was; "I didn't know we had American Forces in all these countries!"

Two days later, SOTFE, Special Operations Task Force Europe, CIA Headquarters in Frankfurt, Germany, sent a letter to the Commanding Officer of the 10th Special Forces Group directing him to order Billy Goodpaster NOT to write to has father on any other Special Forces missions in Europe, North Africa and the Middle East.

Unfortunately, this same blatant use of Special Forces by CIA has continued during the war in Vietnam and other countries around the world, without the knowledge or approval of the Pentagon. They were simply not in the loop, an unnecessary burden on the goals of CIA, with and without the knowledge of the Presidents along the way. Some call this Treason in Wartime. Then we also have instances of Rogue CIA activity in blatant violation of Presidential Directives issued during National Security Council meetings that were never to see the light of day.

Those students who were taught UW tactics and the theory of Mao Tse Tung in all the Middle East countries, save Israel, now have the mind set for taking action as Guerrilla Warfare warriors. They learned their lessons well.

Phase One is alive and well in Iraq. Phase One was used by 20,000 Ukrainian Partisans to halt the entire German Army on the Eastern Front from advancing on Moscow. How many assets exist in Iraq to do the same thing? It is safe to say that at least 10 million are willing and able. There are 25 million more Muslims in neighboring countries to assist their brother Muslims as demanded by the Koran.

It should also be noted that Phase One of Guerrilla Warfare, TERROR, continues throughout the other Phases until the time comes for the tanks to roll through the palace gates as they did in Saigon in April, 1975.

There is absolutely nothing that can be done militarily to stop Phase One of Guerrilla Warfare. The only exception to this rule, and it is not military in essence, is to incarcerate the entire population, the guerrilla's life source. This was successful one time, in Indonesia when all Chinese, the support of the movement, were interred. That is the only instance where a Guerrilla War was not successful, in all of history.

And it will be many, many years of Phase One activities eventually resulting in our withdrawal as happened in Vietnam.

We taught these tactics to Osama bin Laden, Castro, Noriega, Pinochet, Diem, Marcos and Magsaysay before him, and countless others around the world. We sure know how to pick them, don't we?

My thanks to Seymour Hersh for including me in his book "The Price of Power" and to then Prince, now King Norodom Sihanouk, for including me in his book "My War With The CIA", and thanks to Mr. Charles Morgan, Jr. the author of "One Man-One Voice" whose Chapter 12 of his book is following the Bio posted below.

John McCarthy
President and Chairman of The Board of VERPA


John McCarthy
Captain U.S. Army Special Forces

To whom it may concern:

Military Assignments.

I joined Special Forces, 77th Special Forces Group (SFG), at Ft. Bragg in June, 1960.

On July 1, 1960, the 77th SFG became the 7th SFG; I was assigned to the 10th SFG in Bad Toelz, Germany in December, 1960 due to a shortage of my job title; Radio Operator.

In April, 1961, I qualified for the Special Forces "3" on my military designator catagory.

Subsequently I was assigned as an Intel Analyst and worked for Sully Fontaine, the 10th SFG S-2, (Intelligence Analyst--War Plans) Dan Schubert, EC White and Ed White.

In 1962, I graduated with honors from the 7th Army NCO Academy across the quadrangle of Flint Kaserne and was promoted to E-5.

I attended the 10th SFG Training School in Lengries, Germany and was assigned as an instructor in D Company, working for Ralph Puckett.
My mentors in these early years were Llarkyn Winfred (Rock) Nesom, Pop Grant and DJ Smith.

There I assisted CIA in the training of East Germans who came into West Berlin via the tunnel system for reinsertion back into East Germany as agents directed by SOTFE, Special Operations Task Force Europe, CIA HQ in Frankfurt, Germany.

After that I was assigned to an A Team in Bravo Company of the 10th SFG as the junior radio operator with assignments in France, Greece, and submarine training on the USS Tirante and Tigrone off the island of Crete.

I was a member of the European Underwater Recovery Team, the Nuclear Weapons Team and the Mountain Climbing Detachment.

When the 10th Special Forces Group was moved from Ft. Bragg, NC to Bad Toelz, Germany I worked with Displaced Persons such as Jon Novy and others who were the initial cadre in 1953. Many of our DP's were OSS (Office of Strategic Services) Veterans and carried cover names. Jon Novy used his real name. He was from Hungary.

To maintain my "3", which requires a proficiency in all of the disciplines of Special Forces, I qualified quarterly.

In 1964, I attended Officer Candidate School and Ranger School at Ft. Benning and was then assigned to the 3rd SFG at Ft. Bragg where I attended the Officers Special Forces Course in 1965.

I was then assigned to the 1st SFG in Okinawa and immediately sent TDY (Tour of Duty) to the 5th SFG in Nha Trang, Vietnam and further assigned as the XO of an A Team #415 opening a new SF Camp at Ap Bac and Kinh Quan Hai in 4th Corps, sixty miles West of Saigon in the middle of the Plain of Reeds. Outside artillery range, we were bait.

After returning to Okinawa I completed the Underwater Demolition Training, Scuba School and Submarine training on the USS Tunny, SS 241, where I trained Chinese Nationalists in the art of night infiltration from submarines while submerged and underway.
They were later sent into mainland China as agent provocateurs directed by the CIA.

I then trained Nationalist Chinese in the art of High Altitude Low Opening (HALO) night parachuting from C-130 at 21,500 feet for infiltration into mainland China, as directed by the CIA.
For these activities I was assigned to Taiwan.

In June 1967, I was on my second voluntary tour in Vietnam and was assigned as the S-3 Operations Officer for Project Omega working for Pappy Lamar in Plei Djereng, Vietnam.

I was assigned as the Case Officer for Project Cherry of B-57 (Gamma) running black terror and assassination teams in September of 1967.
This was a CIA operation run out of the US Embassy in Saigon.

On January 30, 1968, a Top Secret General Court-martial concluded that I had murdered a Cambodian "peasant". Although facing the death penalty, the court sentenced me to " confined at hard labor for the term of your natural life." Deliberation on sentencing took all of three minutes. Amazingly enough, the sentence to confinement for life DID NOT include reduction in rank, forfeiture of pay and allowances, nor dismissal from the service. This remains a precedent in the history of Military Justice, i.e., an accusation followed shortly by a conviction.

After 65 days of pre-trial confinement at Long Binh, Vietnam, in a 5 x 7 foot box, topped with chicken wire, a continuously burning light bulb, and a tin roof and another 3 months after the trial I was transported in a "prison shipment" to Fort Leavenworth, Kansas, where I was incarcerated until Oct. 6, 1969.
All of these URL's are operable as of this posting.

A two hour interview recorded in 2002 can be accessed on this site at
Radio Interviews: Black OP Radio on CIA Rogue Operation Cherry

Additional documents may be viewed on the page: Trails Of Deceit By Larry O'Daniel

I was carried on the books of the 5th SFG until murder charges were dismissed in Jan 1971, where I was assigned as the S-3 of the Combat Surveillance School at Ft. Huachuca, AZ.

On August 2, 1971, I resigned and left the service after 11 years six months and two days of active duty with an Honorable discharge.

Afterwards I  became a police officer in Miami, Florida.


Writings with reference to John McCarthy

The Crimes: 1) Treason in Wartime 2) Conspiracy To Obstruct Justice In A Capital Murder Case to Cover Up the Treason


Charles Morgan, Jr. lawyer, retired and living in Northern Florida, wrote a book in 1979 titled "ONE MAN-ONE VOICE".

No longer in print and only available in the reference sections of some major libraries, Chuck Morgan writes about his various challenges while successfully defending the likes of Muhamed Ali, myself and others.

Chapter 12, below, is an example of Chuck's wit and humor. If you have the opportunity to locate this book, I can promise an entertaining experience and wonderment of just how troubled our judicial system is in America.

One Man, One Voice Chapter 12
The following chapter is from a book written by Charles Morgan, Jr., my attorney during the appellate process. This book; One Man, One Voice is a compilation of events surrounding various clients of Mr. Morgan. He successfully represented Muhammad Ali, Howard Levy and others whose Civil Liberties were trashed by the US Government. The book, published in 1979, is out of print, unfortunately. It is not available in the San Francisco Library System, the Phoenix Library System, and there is one copy, sometimes, in the entire Los Angeles Library System in the Reference Section of the Main Library in Beverly Hills. Of note is the quote from Washington Post Reporter Murray Marder. It would take another 21 years to locate National Security Documents showing Treason in War (see below). The publisher was Holt, Rinehart and Winston.

Chapter 12
Captain John J. McCarthy of Special Forces had been tried in secret and sentenced to life for the murder of a "peasant." At Fort Leavenworth he and Howard Levy were subjected to unusual punishment: The army made them cellmates. I could understand the kind of army reasoning which put them together, thinking back to the time I had run away from military school and they had brought me back just to kick me out.

I could also understand the logic in Levy's request that I represent McCarthy. I had been denied access to Levy's low-classified G-2 dossier which held no "national security" secrets. Access to the highly secret transcript in McCarthy's case would undercut any "security risk" argument which the army might make to justify its denial to me of Levy's dossier. If the army refused me "Top Secret" clearance, neither Levy nor McCarthy would be worse off than they already were, and McCarthy would be able to assign that refusal as a deprivation of his right to select counsel of his own choosing.

The prison conference room in which McCarthy and I met was so small that it turned whispers into shouts. We sized each other up. He had pale blue eyes. He was wiry, neat even in fatigues, and of medium height. He talked freely, but he knew more about the charge than the transcript disclosed. If he had killed that "peasant"---and he didn't believe he had---he had done so accidentally, and somewhere that peasant had a service record which would show him to be every bit as skilled and "special" as McCarthy.

In January 1960, on his seventeenth birthday, John McCarthy had enlisted in the army. After he qualified as a paratrooper and finished Special Forces training, he was stationed in Germany. Extraordinarily competent, his expertise included jumping from airplanes at 30,000 feet and opening his parachute 500 feet above ground or water, and, if water, swimming under it.

In October 1964, he completed officer training and was assigned to a Special Forces organization in Okinawa. Next came Vietnam. He returned to Okinawa and from there had a number of short-term assignments. On Taiwan he served on a joint United States---Republic of China team. Later he worked with a group of military men from the Republic of the Philippines. In June 1967, when the army sent Levy to prison, it sent McCarthy to Vietnam as an operations officer. In the early-morning hours after Thanksgiving night--November 24, 1967--McCarthy, who always operated under civilian cover, and a Special Forces sergeant, also dressed as a civilian, went to a "safe house" in Vietnam where "Jimmie," a male Oriental with whom they worked, was quartered. McCarthy told the sergeant, "Go outside and bring Jimmie." According to the unclassified portions of the trial transcript, Jimmie was a Cambodian who belonged to the highly secret Khmer Serie (Free Cambodia). In the wee hours of that November morning, McCarthy, Jimmie, and the sergeant left Saigon on the road to Ho Ngoc Tao in a four-door civilian Datsun. The sergeant drove. Jimmie had been caught possessing documents which jeopardized the security of McCarthy's secret unit. Jimmie sat in the front seat center. At his right McCarthy held a 38-caliber Smith and Wesson revolver loosely in his left hand behind the front seat.

As they amiable chatted there was a loud "explosion." The windshield frosted into honeycombed cracks. Jimmie slumped, a hole through his head, blood pouring from his face, dead.

They hid the corpse under a tarpaulin in a six-foot ditch and returned to the detachment compound. McCarthy went to bed. The sergeant reported the incident. The next morning the detachment commander, a non-Special Forces "intelligence officer," placed McCarthy under arrest. After sixty days' confinement at Long Binh jail, known affectionately as LBJ, McCarthy was secretly tried.

His counsel, Captain Stewart P. Davis, stipulated that "Jimmie," known by several other names, including Inchin Hai Lam, was dead. He also agreed that McCarthy was one of the three men in the automobile; that his weapon discharged inside that automobile; that previous to that "Jimmie" was alive, and afterward he was dead. The question for the court-martial was How had Jimmie been killed? Murder? Ambush? Shrapnel? A stray shot? A ricochet from the accidental discharge of McCarthy's.38? Davis said, "[The prosecution] cannot connect Captain McCarthy's weapon and the wound."

Davis looks like the movie-star version of a Special Forces man--solidly built, well tanned, his quiet approach to the law and life belying an ability to withstand pressure. After becoming a paratrooper, he graduated from Washington and Lee's law school and served in the Judge Advocate Generals Corps.

Davis and McCarthy made an excellent defense team. The lawyer liked his client, who insisted he had wanted Jimmie questioned, not killed.

Their problem was the pathologist. He had observed no powder burns on the skin on Jimmie's neck near the wound, and in his expert opinion any weapon larger than a .25 caliber would have produced both a star-shaped wound and a burn visible to the naked eye. Since he found gunpowder within the wound he concluded that the weapon had been held against Jimmie's body. The .38 would have made a larger hold, and a more pronounced gunpowder "tattoo." The pathologist said a weapon of .25 caliber or less had been held against Jimmie's neck. That ruled out an accidental or stray shot, shrapnel or a ricochet. It also ruled out the possibility that a bullet had been fired from outside the Datsun. But the window's on the left side of the automobile had been down, and a motorcycles had pulled away from the "safe house" and headed up the highway immediately before them. Inside the Datsun, McCarthy, his .38 **** in anticipation of hostile fire, had speculated on the mission of the motorcyclist. The sergeant testified that his elbow had been resting on the window frame when the "explosion" occurred. It was then that McCarthy's weapon had fired. Had McCarthy's weapon caused that explosion or had he fired it as a reflex response to another shot?

By saying that the wound could not have been caused by the .38 at close range, the pathologist ruled out answers to these and other questions. Under normal circumstances his testimony would have meant McCarthy could not have committed the crime. But Special Forces men were trained to defy normal circumstances. They were known for their ability to obtain and use small, secret. 25-caliber single-shot devices. So the jury believed that McCarthy had killed Jimmie with a secret 25-caliber weapon, and under that theory, the killing could not have been accidental.

They sentenced him to life and hard labor and recommended clemency. That was normal enough. What was unheard of was their refusal to order a forfeiture of his pay and allowances and his dismissal from the service.

I entered the case on June 10, 1968. It took the Army 229 days to prove me "nationally secure." After my clearance on February 25, 1969, I certified in writing that I had read the statutes which provide for "the willful or negligent divulging of classified information to unauthorized persons" and a "penalty of death or imprisonment for any term of years or for life." In a similar situation, In Muhammad Ali's case, I had refused to accept wiretap logs covered by a secrecy order. That also was an intuitive judgment and, in law as in life, "luck."

In Falls Church, Virginia, I was provided a "secure" secretary for dictation, typing, and clerical work. I couldn't work on certain aspects of the case in Atlanta, for the transcript and other documents couldn't leave the Falls Church office building. Later (on February 8, 1970) in an article in the Washington Post entitled TERMINATED AGENT MAY HAUNT U.S., Murray Marder would write: "[W]hile comparatively obscure, the McCarthy case carries a larger potential for international complications than the celebrated Green Berets case." McCarthy was locked up in the government's prison, but if Marder was right, the secrets McCarthy knew made the government his prisoner. In court papers I urged McCarthy be freed, for he had been deprived of his unqualified constitutional rights to an open and public trial.

Soon after the August 6, 1969 headline in the Atlanta Journal---BERET COLONEL, 7 OTHERS CHARGED IN VIET MURDER---I telephoned the disciplinary barracks. "John, if you haven't told me the truth, if you lied at the trial, if you've said anything up to now that wasn't true, it is time to recant."

I want to know every fact which a client reasonable thinks may have a bearing upon his case. From the beginning McCarthy maintain his innocence, and even if his story seemed irrational to some, he stuck by it---tenaciously. I would cross-examine and attempt to trip him up, and ask him every question I could think of. He remained unshaken and unshakable.

I explained that Special Forces Colonel Robert B. Rheault and the seven other men charged with murder in Vietnam had as much chance of coming to trial as did the CIA or Richard M. Nixon. The desire to cover up, to keep secrets---not from the Communists but from Americans---would guarantee the release of the Special Forces men. If McCarthy had lied at trial and to me, but now came out with the truth, we could tie his case to Rheault's, and the odds would be a hundred to one in favor of his release.

"I'll be *******ed!" came the response. "If my own lawyer won't believe me. I told the truth! I don't give a damn if a rot in here. I didn't kill that man!" When a convict serving a life sentence angers at the sight of a master key to his cell, it's time that he be believed.

On September 29, 1969, the army dismissed the charges against Rheault and company and blamed the cover-up on the CIA's refusal to allow its agents to testify at any trial. Two days later, in the New York Times, the lawyer for a Green Beret, Henry B. Rothblatt, said that Nixon made that decision.

In Washington, Stewart Davis conferred with Colonel Pierre A. Finck, chief of the Wound Ballistics Pathology Branch of the Armed Forces Institute of Pathology, and widely known as the physician who performed the John F. Kennedy autopsy. Finck told Davis that he was familiar with the McCarthy file and testimony, but he revealed nothing helpful. Neither did the army attorney who directed Davis to the right file, which, however, he could not let Davis see. But he placed the file on the nearby table and left Davis in the room, saying, "There's a Xerox machine down the hall and a sergeant in the next office."

Alone, Davis opened the folder. On top there was a memorandum from the prosecution's pathologist-witness to "Chief, Forensic Pathology Division, Armed Forces Institute of Pathology." "Because of the small size of the wound and the absence of grossly visible powder tattooing I originally testified....that the murder weapon was probably a .22 or .25 caliber weapon."The pathologist went on to write that he had been "mistaken about the weapon." (Date of Memorandum is September 8, 1968---Date of Discovery is March 20, 1970)

Based upon the trial transcript, McCarthy's testimony that he had a .38-caliber pistol, and the driver's description of the sound as deafening, that his ear were ringing, and that he experienced "a temporary loss of hearing", the pathologist had altered his scientific judgment. He wrote, "In conclusion I now think the victim was killed by a single shot from Captain McCarthy's revolver fired several inches away from the back of the neck."

So the accidental firing of the .38 could have killed Jimmie.

Finally, in the secret world of secret cases, we had begun to win. The report of the pathologist also mentioned correspondence with "the Federal Bureau of Investigation regarding a bullet fragment removed from the nasal pharynx from the deceased." This metal was "enclosed in a plastic envelope attached to the FBI report."

When we obtained the report it read, "A tiny particle of quartz was stuck to the surface of the fragment." It also said, "No glass was found." Quartz comes from glass and glass can come from shattered windshields, so we wanted to examine the metal fragment. But the FBI and the army had managed to lose it in the registered mail.

In a Virginia office building, in a hearing open to the public, I argued for the right of public trial. Then the three officers on the Court of Military Review, accompanied by their security adviser, adjourned to a conference room in the bowels of the Pentagon. Outside, soldiers stood guard which I argued from the secret portion of the record.

On October 29, 1970, we won. Based upon the pathologist's altered testimony, the court unanimously ordered the convictions set aside. One judge went further. To him, McCarthy's "record in intelligence and intelligence-related operations, as well as the military skills associated therewith which he has developed," made it in defiance of "logic" that he would have murdered "the victim in the manner developed by the Government at trial and urged upon us during appellate argument." Terming McCarthy a "proven officer, thoroughly trained in intelligence operations, well-disciplined and sensitive to the ramifications of all his actions, not only with regard to the United States but to other political entities whose interests might be affected," that judge said the court should have forbidden a retrial. But that decision rested with Major General W.B. Latta of the army's Strategic Communications Command, under whom McCarthy was then serving.

On January 6, 1971, I met the general at Fort Huachuca, Arizona. He concurred in his staff judge advocates recommendation that a new trial was "not warranted." The charge was dismissed.

Months after John McCarthy honorably left the service, I received an urgent telephone call. He had applied for a job. He told me of the the county personnel officer who had received an FBI report on his status.

"I'm sitting in this man's office and the report at which he's looking says I should be locked in prison. Would you tell him I'm not an escapee or a convicted felon?" I did so, as I marveled at the efficiency and concern of a government which imprisoned together one man who termed its heroes killers, and a hero whom the government termed a killer, then ignored its own pathologists recantation, lost a metal bullet fragment transmitted in its registered mail, and failed to put into its computer the record of the one Green Beret it had certified innocent.

Charles Morgan is retired and living in Northern Florida Stewart Davis is a Judge in Northern Virginia Pierre Finck is retired and living in Switzerland.

"My War With The CIA"
by Norodom Sihanouk

and Wilfred Burchett
Chapter 4, Page 64 + 65

[Lon Nol] had already instituted a witch-hunt against the left, and many young people had followed the example of the three deputies and fled Phnom Penh for the security of the jungle.

The CIA was not slow to take advantage of the situation. They started a campaign of rumours and distributed false tracts in the name of the Khmers Rouges - tracts which I denounced at the time as lies. The armchair experts who accuse me of having turned to the right in 1967, should take into account the extremely tense and complex situation. For the first time, there seemed to be substantial evidence that our independence was being threatened from the left, a possibility I had always resisted admitting.

As for the long arm of the CIA, there was a fascinating revelation by a CIA 'Green Beret', Captain John J. McCarthy, Jr, one of the accused in the case of the murder of Inchin Hai Lam, an alleged 'double agent' of Cambodian origin in the pay of the CIA. McCarthy resigned his commission in May 1971, disgusted at what he had had to do - not to mention the way in which he had been treated by the US army for having obeyed CIA orders. He revealed at the time that he had headed a CIA team in an 'Operation Cherry', which involved leading a Khmer Serei unit deep into Cambodia. This much was revealed in the Norfolk Virginia Pilot on 25 May 1971.

Further information about the McCarthy case was unearthed by Richard A. Fineberg, whose report was published by Dispatch News Service International:

John J. McCarthy, Jr, formerly a Captain with the US Army's Fifth Special Forces and commanding officer of a top-secret Cambodian operation known as 'Operation Cherry', says Son Ngoc Thanh was a key figure in his 1968 court-martial. McCarthy was accused of killing a Cambodian interpreter, who was also a member of the Khmer Serei, a secret, right-wing rebel sect, headed by Thanh and reportedly financed by the CIA.

The ex-Special Forces Officer was convicted of murder and served two years of a 20-year sentence before his conviction was overturned on appeal in 1970.
McCarthy says that his attorneys requested Thanh's appearance

- 64 -

at the two-day trial at Long Binh, South Vietnam, in January, 1968, but the Army said it could not compel foreign nationals to testify. At that time Thanh was living in Vietnam, where he was a powerful figure among the Cambodian minority of that country.

Thanh did not testify, but the trial record reveals that US military officers met with members of the Khmer Serei - and possibly with Thanh himself - at a pagoda in Saigon shortly after the agent's death. At that meeting, the US paid an indemnity, reportedly 25,000 dollars, to the Khmer Serei for the death of their member.

The transcript also indicates that Project Cherry was set up to conduct incursions into Cambodia from across the South Vietnam border. For this covert mission, the US hired Cambodian guides and interpreters, at least some of whom were members of the Khmer Serei. During the trial, McCarthy identified the Khmer Serei as an 'organization which in effect plans the political overthrow of the Cambodian government'.

Although the heavily-censored unclassified version of the transcript makes no direct reference to Thanh, the record refers to a man named Tan Son Hai, who was identified by one member of the Cherry team as 'the leader or high priest of the Khmer Screi'. McCarthy told this reporter he believes that Thanh and Ton San Hai are 'one and the same person'.

Prior to the trial, the Khmer Serei presented McCarthy with a gold medallion for his 'revolutionary act' on the assumption that he had killed the agent, whom the Khmer Serei believed to be a Communist-trained double agent. The citation accompanying the award was signed by (Son Ngoc) Thanh as 'leader of the Khmer Serei'.

Excerpts from the unclassified part of the transcript which have come into my hands are most revealing. For instance, the testimony of Sgt. Ben W. Hancock, a member of McCarthy's team, testifies under oath regarding a meeting he arranged between 'Tan Son Hai' and a Special Forces officer following the killing of the agent. This verbatim account is from page 138 of the trial proceedings:

Hancock: Because Special Forces was involved in the ... (classified) he asked me if I would go to the pagoda to see if I could make an arrangement for him to meet with Tan Son Hai.



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.

The National Security Council Documents below 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 advisor, 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

Is There Justification For The Covert Actions In Iraq?


With all the billions of dollars worth of highly sophisticated Satellites capable of hundreds of tasks such as taking real time pictures of objects the size of a match box and placing a laser on a window from 1000 miles high and hearing live conversations, what is the justification for covert human intelligence missions in another sovereign country, IRAN? The talking heads at the White House and State Department need to get their stuff in order. We know they all work at the pleasure of the president, so this is yet another arrow in the quiver for impeachment!

This Foreign Policy, soon to be supervised by Condoleza Rice, is inherently dangerous and aggressive in nature. What more can we do to goad Iran into retaliation? Are we forcing yet another "Pearl Harbor" to justify preemptive or outright war?

It is time to change nomenclature: The Defense Department should now be referred to as The War Department. Our posture is in no way Defensive. Rumsfeld is now the Secretary of War. Although we are in the process of attempting, with many failures, to acquire defensive missile systems, the great majority of our effort for the last four years is Offensive (phew) in nature.

And we do have a Wartime President.

God Bless America should immediately be changed to God Forgive America.

Any questions?


The New Yorker reports that this task force, aided by information from Pakistan, has been penetrating into eastern Iran in a hunt for underground nuclear-weapons installations. In exchange for this cooperation, the official told Hersh, Pakistani President Pervez Musharraf has received assurances that his government will not have to turn over Abdul Qadeer Khan, the father of Pakistan's atomic bomb, to face questioning about his role in selling nuclear secrets to Iran, Libya and North Korea.

Hersh reported that Bush has already "signed a series of top-secret findings and executive orders authorizing secret commando groups and other Special Forces units to conduct covert operations against suspected terrorist targets in as many as 10 nations in the Middle East and South Asia."

Defining these as military rather than intelligence operations, Hersh reported, will enable the Bush administration to evade legal restrictions imposed on the CIA's covert activities overseas.

Letter to Congress on Increasing U.S. Ground Forces

January 28, 2005

This has been discussed in Congress as recently as October 2004



Hello Jack,

And Good Morning to All of you!


Please pass this information to interested parties.
Indeed, the onus has now shifted to the Congress and away from the President....smooth move, yes?

Now comes the task in earnest of providing those Draft eligible 18-34 men and women (boys and girls) with the information on the reality of The Feres Doctrine.

Feres is described in depth on this site. There is a proposal to abolish Feres sitting on the desk, gathering dust, of Senator Arlen Specter of the Senate Judiciary Committee. The language of this document has been approved by the Committee. An "S" number, which allows the proposal to be passed to both houses of Congress for a vote, has not been assigned. Stonewalling continues.

Veterans Equal Rights Protection Advocacy, VERPA, has a Press Release also located on site. This PR outlines VERPA's agenda to go before the United Nations, UN, and the Organization of American States, OAS, for a vote on the Human Rights violations inherent with the Feres Doctrine. VERPA has exhausted all legal remedies to abolish Feres and, as a last resort, has taken this action. The United States is a signatory to the OAS. The United States is not a signatory to the International Crime Commission, The Hague, otherwise we would be before that body as well.

Feres, which precludes any service member from seeking redress for ANY CRIME INCIDENT TO SERVICE, and thereby eradicates the First Amendment to the Constitution, goes into effect the instant an individual takes the oath of enlistment/commission. Those soon to be Drafted must be advised that no one can force them to take the oath of enlistment which nullifies the very Constitution they are being asked to protect and defend. Ironically, none of those soon to be inducted are notified of Feres or its repercussions. Is there not something very wrong with this picture?

Refusal to take the oath of enlistment/commission is not a crime.

Because neither Congress, the President nor the Selective Service cannot amend the Constitution, those being asked to report for induction must report but cannot be forced to arbitrarily forfeit their First Amendment Rights. Checkmate.

That should stop the Draft in its tracks. The task is to spread the word on Feres to as many student organizations throughout the country, since they are the ones Draft eligible.

John McCarthy

Pierre Finck & the Secret Team
You Have Got To Read This
From The 1995 PROBE

DOD IG RE: McCarthy 05-0147

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 Diretive 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 unanwered 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

Letter To Congress

November 18, 2005

After Representative John Murtha called for a change in direction in Iraq policy yesterday, the White House said it was "baffled" by his position.

I wanted to let you know today that I am not baffled by the courageous stand taken by Rep. Murtha, a Vietnam combat veteran with oversight responsibility for defense spending.

A consistent majority of Americans have questioned our direction in Iraq for more than six months. I want you to know that I am heartened to see this member of Congress exercising his leadership responsibilities, including accountability for sending Americans to war.

Please don't buy into the Administration's claim of being baffled. Representative Murtha speaks my mind and that of most Americans when he says:
Iraq cannot be won "militarily."

I said two years ago, the key to progress in Iraq is to Iraqitize, Internationalize and Energize. I believe the same today. But I have concluded that the presence of U.S. troops in Iraq is impeding this progress.

Our military has done everything that has been asked of them, the U.S. can not accomplish anything further in Iraq militarily. It is time to bring them home.

I will work with the American Friends Service Committee, John Murtha, and others to work for a political solution to this war.

The Bush Administration either hand picked or created "intelligence" to justify the preemptive attack on a sovereign nation, Iraq.
This is equal to a prosecution presenting fabricated "evidence" to compel a jury to convict a defendant.

In the legal case, when the newly found evidence, sometimes classified as "fraud on the court" is presented to the appealate review panel, the original charge is either dismissed or a new trial is ordered, depending on the potential for a new conviction.

In the political case for justifying a preemptive war through imminent threat of attack, when it becomes abundantly clear that the "evidence" to justify the attack was fabricated, skewed or otherwise "created" to further the justification for a preemptive attack, all military hostility should immediately cease and forces withdrawn from the violated country.

In the legal case, the falsely accused and incarcerated must be compensated and those responsible for all associated crimes should be held criminally liable.

In the Political case, the offending aggressor nation must repair and repatriate all victims and property affected by crimes against peace and crimes against humanity.

If there is evidence of war crimes, so be it. We hanged nazi's after WWII for similar crimes. The US Prosecuter at Nuremberg War Crimes Trial said before the court: "The standards by which we judge these defendants today are the standards by which we will be judged tomorrow."

John McCarthy

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