Winter Soldier Investigation

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For other uses, see Winter Soldier (disambiguation)

The "Winter Soldier Investigation" was a media event sponsored by the Vietnam Veterans Against the War intended to publicize allegations of war crimes and atrocities by the United States Armed Forces and their allies in the Vietnam War, while showing their direct relationship to military leadership and the foreign and "anti-Communist" policies of the Kennedy, Johnson, and Nixon Presidential administrations. The three-day gathering of 109 veterans and 16 civilians took place in Detroit, Michigan, from January 31-February 2, 1971. Honorably discharged soldiers, as well as retired civilian contractors and medical personnel, all gave testimony about war crimes they had allegedly committed or witnessed during the years of 1963-1970.

While the event was largely unmentioned by most mainstream media channels, several journalists and film crews recorded the event, and a transcript was later entered into the Congressional Record.

A documentary film of the event, called Winter Soldier, was first released in 1972. Due to the controversial nature of the subject matter about an ongoing war, it got little distribution and support at that time and had been archived by its creators, collectively called the Winterfilm Collective. In September, 2005, it was re-released across the U.S. in small art house theatres. Most media reviews have regarded the film highly, as a "powerful" and "emotional" record of the era.

Background

Prompted by numerous investigations into allegations of war crimes, such as the Russell Tribunal, National Veterans Inquiry and Citizens Commissions of Inquiry, the Vietnam Veterans Against the War wanted to have a large scale public hearing. With the courts martial for the My Lai Massacre making front page news, and the recent disclosure by members of the CIA's Phoenix Program of its record of alleged human rights violations, the VVAW was determined to expose a broad pattern of war crimes that they claimed to exist in Vietnam. The Winter Soldier Investigation (WSI) was intended to prove that incidents like My Lai were not isolated and rare occurrences, but were instead the frequent and predictable result of official American war policy.

Organizers

The groundwork for what would become the Winter Soldier Investigation was laid by Jeremy Rifkin, Tod Ensign, Michael Uhl and Bob Johnson of the Citizens Commission of Inquiry (CCI). In search of first hand information on war crimes, they contacted the Vietnam Veterans Against the War and gained the support of VVAW co-founder Jan Crumb. During the summer of 1970, the CCI were approached by Al Hubbard who had become a full-time organizer with VVAW. Hubbard suggested that CCI combine their efforts with Jane Fonda, Rev. Dick Fernandez of Clergy and Laymen Concerned about Vietnam (CALCAV), Mark Lane and Donald Duncan (who had previously testified at the Russell Tribunal in Denmark). An initial steering committee formed of Duncan, Ensign, Fonda, Lane, Hubbard, Rifkin, and Fernandez continued to organize the WSI through September, 1970.

Among the growing collective of organizers, differences of opinion and direction arose concerning the planned public event. VVAW leaders felt it should be an all-veteran event, to maintain its credibility. Less than three months into planning for the Winter Soldier Investigation, most of the Vietnam veteran organizers and Jeremy Rifkin had become adamant that WSI disassociate itself from Mark Lane. Fonda was fiercely loyal to Lane and threatened to cease her fundraising if he was expelled, forcing the VVAW to acquiesce. A bitter schism formed between CCI and VVAW and the groups split apart, with Fonda and Lane throwing their support behind VVAW. VVAW continued its preperations with renewed vigor, but suffered yet another crisis just one month before the event. Lane had recently published a book, Conversations with Americans, in which Lane relied on unverified interviews with veterans, some of which were later exposed as frauds by Neil Sheehan of the New York Times . Leaders of VVAW feared involvement with Lane would tarnish the credibility of the WSI. A new steering committee was created without Lane, but he continued to help with fundraising events. The new six-member steering committee for WSI was composed of three national office leaders (Al Hubbard, Craig Scott Moore, and Mike Oliver) and three members of the growing list of chapters (Art Flesch, Tim Butz, and William F. Crandell).

After the organizers of the national hearings separated into two groups, they each developed their own events. The CCI advanced its plans for a December event in Washington, DC, while the WSI's new organizers continued with the original plan to hold its hearings in Detroit. The Washington, DC, event would be called The National Veterans Inquiry. The Detroit event would be called the Winter Soldier Investigation. Seven of the 142 total participants would provide testimony at both events.

The support of antiwar celebrities was considered crucial to generate both money and publicity. A series of benefit productions, "Acting in Concert for Peace," were created and featured performances by Jane Fonda, Dick Gregory, Donald Sutherland, and Barbara Dane. Two concerts by Crosby and Nash, as well as folk singer Phil Ochs, also raised funds.

The WSI also relied on considerable support from the Detroit community. Dean Robb and Ernie Goodman solicited donations from their fellow local attorneys, and several clergymen arranged housing for the witnesses. In the words of the Director of Missions for the Detroit Metropolitan Council of Churches, Dr. John B Forsyth, "It is important that the public realize that American atrocities in Vietnam are an every day occurrence." The Secretary-Treasurer for the United Auto Workers, Emil Mazey and Michigan Secretary of State Richard Austin also helped raise funds for the event.

Purpose

The purpose of the Winter Soldier Investigation was to show that American policies in Vietnam lead to war crimes. In the words of one participant veteran, Donald Dzagulones, "We gathered not to sensationalize our service but to decry the travesty that was Lt. William Calley's trial for the My Lai Massacre. The U.S. had established the principle of culpability with the Nuremberg trials of the Nazis. Following those principles, we held that if Calley were responsible, so were his superiors up the chain of command — even to the president. The causes of My Lai and the brutality of the Vietnam War were rooted in the policies of our government as executed by our military commanders." The name "Winter Soldier Investigation" was proposed by Mark Lane and was derived from Thomas Paine's first Crisis paper written in December 1776.

Future Senator John Kerry, then a decorated Lieutenant in the Naval Reserve (Inactive), while later speaking before a Senate Committee, further explained "We who have come here to Washington have come here because we feel we have to be winter soldiers now. We could come back to this country; we could be quiet; we could hold our silence; we could not tell what went on in Vietnam, but we feel because of what threatens this country, the fact that the crimes threaten it, not reds, and not redcoats but the crimes which we are committing that threaten it, that we have to speak out."

Planning

The collecting of testimony from veterans had begun under the auspice of the Citizens Commission of Inquiry the previous year, and it took almost two months of on-site planning in Detroit to organize the conference. Detroit was proposed by Fonda because of its central location in the American heartland, and the "blue-collar" social status of most of the residents. The steering committee set up a collective in a house on the industrial east side of Detroit with the help of Catholic antiwar activists; and five clergymen of different denominations, including the director of missions for the Detroit Metropolitan Council of Churches, offered housing for the witnesses.

The program consisted primarily of testimony, with 109 Vietnam veterans to appear on panels arranged by unit so they could corroborate each other's reports. Grouping these veterans by unit would also help to establish that events and practices to which they testified were unit-wide policy, and not just random and rare occurrences. Several civilian experts who had been to Vietnam were also to speak during this event. Arrangements had been made to include the testimony of several expatriated Vietnamese students residing in Canada, but they were denied visas to the United States by the Canadian government.

Organizers also investigated the legal implications of veterans publicly admitting to criminal acts which they had witnessed or participated in. With legal advice from the Center for Constitutional Rights the organizers were assured that the armed forces could not charge or try veterans for alleged crimes committed while they were on active duty. The veterans giving testimony were also instructed not to reveal the specific names of others involved in war crimes. The goal of these hearings was not to indict individual soldiers, but instead to expose the alleged frequency of criminal behavior and its relationship to U.S. war policy.

Verification of participants' credibility

The organizers of the Winter Soldier Investigation took several steps to guarantee the validity of the participants.

Each veteran's authenticity was checked before the hearings by the investigation event organizers, and subsequently by reporters and Pentagon officials. In addition, they also gave specific details about their units and the locations where the alleged events had occurred. Those who wanted to testify were carefully screened by the officers of VVAW, and care was taken to verify the service records and testimony of the veterans. After the severe criticism of the accuracy of Mark Lane's book a month before the event, the organizers of the Winter Soldier Investigation made the credibility of the participants a top priority. All veterans participating in Winter Soldier were required to bring their discharge papers (DD-214's) and IDs.

In this connection, the identifying military affiliation of each veteran testifying, including in almost all cases, the dates of service, appears on the roster for each panel that was included with the testimony in the Congressional Record

As noted in VVAW records, each veteran's authenticity and testimony were checked after the hearings by Nixon's "plumbers." Charles Colson was assigned the task. In a confidential "Plan to Counteract Viet Nam Veterans Against the War", Colson wrote, "The men that participated in the pseudo-atrocity hearings in Detroit will be checked to ascertain if they are genuine combat veterans." At one point, the Nixon team suggested in a memo about VVAW, "Several of their regional coordinators are former Kennedy supporters." VVAW was also targeted by the FBI for observation as a possible dissident organization.

Although military documentation was provided, some media organizations such as the Detroit News made further inquiries into the hearings by questioning the authenticity of the testifying veterans. Discharge papers were closely examined; military records were checked against the Pentagon records; after all their digging, not one fraudulent veteran was found.The Detroit Free Press reported daily of participants that had been confirmed by the Pentagon as veterans.

NBC News later reported that VVAW executive and Winter Soldier co-organizer Al Hubbard had lied about being an officer and lied about being stationed in Vietnam during a Meet the Press television interview several months after the WSI hearing. Journalist William Overend states he had met Hubbard and he had also been introduced as being a former Air Force captain. Overend learned Hubbard was only an E-5 Staff Sergeant when Hubbard had apologized on the Today Show a few days later for exaggerating his rank. NBC's Frank Jordan recalls, "He was convinced no one would listen to a black man who was also an enlisted man." Hubbard did not testify at Winter Soldier, but detractors of the WSI frequently raise Hubbards fabrication to generate doubt.

Fritz Efaw, a Chapter Representative of VVAW, stated: "The claims that the WSI hearings contained falsified testimony from men who were not veterans is an old one, and it's definitely false. The testimony was startling even at the time it took place: startling to the general public, startling to the military and the Nixon administration, and startling to those who participated because each of them knew a piece of the story, but the hearings brought a great many of them together for the first time and provided a venue in which they could be heard for the first time. It's hardly surprising that those on the other side would set out almost immediately to discredit them."

Seven years after the hearings, writer Guenter Lewy claimed in his book, America in Vietnam, that allegations against Marines were investigated by the Naval Investigative Service. Lewy wrote that the report stated that some veterans contacted by the NIS did not attend the WSI hearing in Detroit or had never been to Detroit, and many refused to be interviewed. However, government officials today cannot verify the report's existence, and no other historian has seen it. Lewy later said that he could not recall if he had actually seen the alleged report or simply been told of its contents.

See the text of this excerpt from Guenter Lewy's book, America in Vietnam, in wikiquote

In addition, the Army found the allegations made by 46 veterans at the hearings to merit further inquiry, and were able to identify 43 of the complainants. The Army's CID investigators attempted to contact 41 of the people who testified; of the 36 they were able to locate, 31 submitted to interviews.

Winter Soldier panels

See Opening statement excerpt in wikiquote

The three days of testimony was presented by unit:

Sunday, January 31st, there were speakers from the 1st Marine Division, 3rd Marine Division, and 1st Air Cavalry Division
Monday, February 1st, from the 101st Airborne Division and 5th Special Forces
Tuesday, February 2nd, from the 25th Infantry Division, 1st Infantry Division, 4th Infantry Division, 9th Infantry Division, and Lieutenant Calley's Americal Division

In addition to the testimony panels, the veterans also held open discussions on related subjects such as "What We Are Doing to Vietnam," "What We Are Doing to Ourselves," violations of international law, Prisoners of War, racism in the military, and also press censorship. Dr. Bert Pfeiffer of the University of Montana presented the first public testimony about the potential toxicity and health effects of the chemical Agent Orange. A special panel of psychiatrists was convened, many of whom had served in Vietnam, to discuss the impact of the war on American society. Midway through the hearings, the organizers insisted that no one make statements on behalf of the Vietnam veterans except for vets. It was presumed by reporters that this was to separate the participation of veterans from that of people like Mark Lane.

Other Veterans commented on the treatment they received as POW’s under North Vietnamese control. Unlike accounts from other POW’s describing widespread mistreatment, torture and starvation, from Veterans such as John McCain and Admiral James Stockdale, WSI participants such as George E. Smith described their captivity under the North Vietnamese as humane and lenient. Although it was later revealed that two Special Forces POW’s held in captivity with Smith, Sgt Kenneth Roraback and Captain Humbert Versace, had been executed in retaliation for the execution of 2 Viet Cong. , and Smith was charged with violation Article 104 of the Uniform Code of Military Justice after his release.

Testimony from veterans

Testimony given during the three day event covered both broad policy concerns, such as the use of chemical agents, indiscriminate bombing, and free-fire zones as well as more specific and unusual war crime incidents, including rape, torture and desecration of the dead. The testifying veterans were usually grouped by branch of military service, and geographic location of service. Before launching into their detailed testimony, each gave a brief statement of personal information including rank, division, unit, length of service and a summary of what their testimony would cover. While only 109 veterans gave testimony, over 700 veterans attended the hearing. Excerpts from the testimony transcripts:

Stephen Craig: "...My testimony covers the maltreatment of prisoners, the suspects actually, and a convoy running down an old woman with no reason at all..."

Rusty Sachs: "...my testimony concerns the leveling of villages for no valid reason, throwing Viet Cong suspects from the aircraft after binding them and gagging them with copper wire..."

Scott Camil: "...My testimony involves burning of villages with civilians in them, the cutting off of ears, cutting off of heads, torturing of prisoners, calling in of artillery on villages for games, corpsmen killing wounded prisoners..."

Kenneth Campbell: "...My testimony will consist of eyewitnessing and participating in the calling in of artillery on undefended villages, mutilation of bodies, killing of civilians, mistreatment of civilians..."

Fred Nienke: "...My testimony includes killing of non-combatants, destruction of Vietnamese property and livestock, use of chemical agents and the use of torture in interpreting prisoners..."

After giving their brief initial statements, a moderator had each of them elaborate upon their testimony, and then the press and observers were given time to ask questions of the veterans.

Laos operation revealed

The previously secret two-week U.S. penetration into Laos in February, 1969, which was part of Operation Dewey canyon (primarily taking place in South Vietnam at the time), became a controversial subject at this event since the Pentagon had only days before denied that any American troops had crossed the Laotian border and carried out military operations. Five veterans from the Third Marine regiment who had returned from the war were present at the WSI and refuted the claims of the Pentagon. They described their secret operations in Laos and also revealed that they were given meticulous orders to hide the fact that they were American including, but not limited to, the removal of identification from uniforms and switching to Russian arms that were typically used by the NVA. They were also ordered to deny all knowledge of involvement of American troops in Laos. A Marine Corp spokesman persisted in issuing a statement at the WSI saying, "no platoons or any large number of Marines ever crossed the border." This quickly prompted investigations by American media such as the "Detroit Free Press," "St. Louis Post-Dispatch" and the "Boston Globe" which were successful in turning up testimonies from other veterans that they had crossed into Laos throughout a 16 month period extending through all of 1971, well past the enactment of the Cooper-Church Amendment forbidding such actions (Cooper Church came into effect in January 1971). The 1969 operation was committed by a company commander and was subsequently authorized by General Creighton Abrams, commander of all US forces in Vietnam. The reason given for moving his company into Laos was to combat the North Vietnamese Army and protect his men, later claiming "The political implications of going into Laos were pretty unimportant to me then." Investigations also revealed that the Laos operations extended beyond the Marines as helicopter pilots from the 101st Airborne admitted participation in the American co-ordinated secret operation called Prairie Fire (helicopter pilots were not forbidden under Cooper-Church).

Winter Soldier results

Senator Hatfield's Address to Congress

On Monday, April 5, 1971, Senator Mark Hatfield of Oregon addressed the WSI allegation made in Detroit that war crimes were the result of military policy and racism was widespread in the armed forces. Hatfield noted that some of these allegations, specifically of war crimes, would place the United States in Violation of the Geneva Convention and international laws of war.

Senator Hatfield made several recommendations. He asked that a transcript of the Winter Soldier Investigation be read into the Congressional record and made available to the public. Hatfield also asked congress to hold hearings discussing the use of military force in Vietnam and their relation to international agreements our country has ratified. He sent the testimony to the Department of Defense, the Department of State asked Marine Commandant, Leonard F. Chapman, Jr., to investigate the allegations. He also recommend consideration be given to forming a special commission that would look into these issues and provide a forum to determine the moral consequence of American involvement in Vietnam.

Media coverage

Mainstream media all but ignored the Winter Soldier Investigation. The East Coast papers refused to cover the hearings, other than a New York Times story a week later. The local field reporter for the Times, Jerry M. Flint, commented with disinterest, "this stuff happens in all wars." In a February 7, 1971 article he wrote that "much of what they said had been reported or televised before, even from Vietnam. What was different here was the number of veterans present." Several of the VVAW representatives speculated that there was an "official censorship blackout," and they would express this theory later in their newsletter. A few articles that were sympathetic to the veterans appeared in lesser-known publications, and Pacifica Radio, known for its left-wing perspective, gave the event considerable coverage. The CBS television crew that showed up were impressed, but only three minutes made it to the nightly news on the first night -- three minutes that were "mostly irrelevant to the subject," according to VVAW.

The Detroit Free Press printed several stories about the event, including comments from the military. This included confirmation by the Pentagon that WSI participants investigated by reporters were indeed Vietnam veterans. The Pentagons denials of large scale U.S. activity in Laos was reported as well, until reporters learned from several marines not involved with WSI that operations in Laos had been conducted.

The words of the participants have been permanently recorded in the Congressional Record. Portions of the testimony, as well as some photos of the event, appear in a book produced by the Vietnam Veterans Against the War and John Kerry entitled The New Soldier.

In addition, film footage of the event, as well as some pre-event and post-event footage, and commentary can be found in Winter Soldier: A film / Winterfilm Collective in association with Vietnam Veterans Against the War. Winterfilm, Inc., 1972.

Film version: 1972, B&W, 16mm, 93min.
Videotape: 1992, B&W with some color, 110 or 130 minutes
The Winterfilm Collective consisted of: Fred Aranow, Nancy Baker, Joe Bangert, Rhetta Barron, Robert Fiore, David Gillis, David Grubin, Jeff Holstein, Barbara Jarvis, Al Kaupas, Barbara Kopple, Mark Lenix, Michael Lesser, Nancy Miller, Lee Osborne, Lucy Massie Phenix, Roger Phenix, Benay Rubenstein, Michael Weil.

Despite significant fund raising efforts by supporters of the VVAW, the cost of the Winter Soldier Investigation event financially bankrupted the organization. Organizers of the event hoped to recoup some of their expenditures through the above mentioned book, film and recording deals. Orders were taken at the event for copies of the film footage, which was to be made available for $300.

In 2005, a website wintersoldierfilm.com was established to spread information about this documentary and to spread information about further showings of the film (in the United States).

Winter Soldier controversy

Veteran Steve Pitkin, who was 20 years old at the time, has claimed that he was not originally planning to testify at the WSI, but came to Detroit to support his fellow veterans and listen to live music . Pitkin says he was asked by event leaders to speak on the second day of the event. On the panel Pitkin criticized the press for its coverage of the war, and detailed what he considered poor training for combat in Vietnam, and low morale he claimed to have witnessed while there . Pitkin is quoted as saying he was later contacted by a reporter for Life Magazine who asked about war crimes and atrocities. "I didn’t tell him what he wanted to hear," Pitkin is quoted as saying, and nothing he claims to have said was included in the final story . In August, 2004, 33 years after the Winter Soldier Investigation and during the 2004 presidential campaign season, Pitkin signed an affidavit stating "John Kerry and other leaders of that event pressured me to testify about American war crimes, despite my repeated statements that I could not honestly do so."

Upon hearing of these statements by Pitkin, another participant named Scott Camil filed his own affidavit refuting Pitkins statements . Pitkin has subsequently admitted his recollections were flawed, and has re-issued a second affidavit now reflecting a different date of discharge from the Army, different people traveling with him to the Winter Soldier event, and different circumstances under which he joined the VVAW . On September 15, 2004, Pitkin signed a second affidavit stating that he had been instructed by organizers to "publicly state that I had witnessed incidents of rape, brutality, atrocities and racism, knowing that such statements would necessarily be untrue" . However, although he introduced himself by saying, "I'll testify about the beating of civilians and enemy personnel, destruction of villages, indiscriminate use of artillery, the general racism and the attitude of the American GI toward the Vietnamese," his actual testimony contained no such statements .

The U.S. participation in the Vietnam conflict was the source of much deeply divided sentiment among Americans. The Winter Soldier Investigation produced a conglomerate of testimony resulting in the implication and indictment of American leadership in criminal conduct, and thereby further drove a wedge between proponents and opponents of the war. Many people viewed the Winter Soldier proceedings with a critical eye, and questions have been raised about the testimony given at the Winter Soldier Investigation. Details in the testimonies have been questioned, as have the identities of participants, since the first day of the three day investigation. It has been claimed that participants were frauds; that they were told to not cooperate with later investigators; that their testimonies were inaccurate or just plain fabricated . For more than thirty years since the WSI, individuals and organizations have sought to discredit or at least minimize the painful revelations brought forth at that event. To date, no records of fraudulent participants or fraudulent testimony have been produced.

Footnotes

From John Kerry and VVAW
Column Sixty-Eight; February 1, 2002 (Article with excerpts from the book); Nicosia, Gerald (2001). Home To War: A History Of The Vietnam Veterans' Movement. Crown. ISBN 0-8129-9103-6.
Jackson, David (February 22, 2004). "Foes lash Kerry for Vietnam War words". Chicago Tribune: (Page 3).{{cite journal}}: CS1 maint: year (link) "Government officials today cannot verify that Naval Investigative Service report's existence. "We have not been able to confirm the existence of this report, but it's also possible that such records could have been destroyed or misplaced," said Naval Criminal Investigative Service public affairs specialist Paul O'Donnell. "I don't think Lewy is interested in presenting any of as truthful," said University of Richmond history professor Ernest Bolt. "He has an angle on the war as a whole." Bolt said it is impossible to tell whether Lewy fairly characterized the naval investigative report because no other historian had seen it. "He's using the points of their investigation that fit his purposes," Bolt said.";
Bowman, Tom (Feb 14, 2004). "Kerry went from soldier to anti-war protester". Baltimore Sun: 1A.{{cite journal}}: CS1 maint: year (link) "Lewy said he does not recall if he saw a copy of the naval investigative report or was briefed on its contents. "I'm quite confident the information is authentic," he said."

External links

Winter Soldier Investigation Testimony Full Congressional Record of Testimony online
World On Fire Columnist Rick Freedman on Winter Soldier
VVAW Archives Winter Soldier Viewpoints
Baltimore Sun Article "Vietnam Vets Stand by Kerry Today"
Wintersoldierfilm.com Re-released documentary of the event
Pitkin's latest 2004 statement Second affidavit by Steve Pitkin

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