"Legal Affidavit" by Jerry J. Mooney
The following is the text of the affidavit submitted by Jerry Mooney to the Senate Select Committee on POW-MIA Affairs.
The MIA cult loves this affidavit. Search around on the WWW and you will find this affidavit complete with notary public stamp and Mooney's signature. The MIA cultists don't seem to understand that a notary stamp means only that the person whose name appears here is the person who signed this document -- the notary stamp does not attest to the truth of the document. Regardless, read Mooney's statement and make up your mind as to what he knows about anything. After reading this, you will understand why the SSC final report said of Mooney:
Oh, well, ready or not, here comes the "Jerry Mooney Legal Affidavit:"
Mr. Chairman, Senators, Isn't it time that we stop this nonsense of SEARCHING FOR A NEEDLE IN A HAYSTACK WHEN WE WERE THERE AT THE HARVEST?
The MIA/POW issue is often described as "Searching for a Needle in a Haystack." This approach is highlighted by the manner in which the United States Government has handled the issue during the past 18 years. Concentrating primarily on "Sighting Reports," the government has willfully shut its' eyes and minds to the critical evaluation and analysis of "all source" intelligence, primarily "Special Intelligence" which provides a unique factual insight into the "who, what, where, when and why" of this issue. From a government position, it is wise to use only the sighting reports as the deciding criteria. In that excercise, they are excused from the responsibility and accountability of the past. And, if ever a living POW were to be returned, they can excuse all those past years of being ineffective by simply saying: "My God, Look What We Found!"
Based on my 20 years of experience in intelligence, I am no great fan of "Stand Alone" sighting reports. Most are too inconclusive, beg more questions than they answer, and are subject to political and policy manipulation. The key to understanding the MIA/POW issue comes from the Special Intelligence which provides the specific details from the "Horses Mouth," the Source.
This data, the Special Intelligence, has been virtually ignored in the MIA/POW examination. In fact, in many cases, the government has denied its existence. It seems that Special Intelligence has become the "Potted Plant" of the Vietnam War and the MIA/POW issue. All those "Black Budget" analysts and resources "HEARD NOTHING" that could contribute to the understanding and resolution of the issue. If you Senators believe that fiction, then, I have some banana tree
plantations in Montana I would like to sell you. For such a government position makes one wonder why the National Security Agency even exists if its role is just that, a "Potted Plant." A significant portion of the multi-billion dollar Black Budget is devoted to special intelligence and it does produce. In the Vietnam War, its production can be measured in tonnage, the target, like no target ever before, was almost totally exploitable.
My 20 years of intelligence experience is the special intelligence area. It is in this context that I will discuss the MIA/POW issue. Usually, the Congress receives a well prepared "DOG AND PONY" show when it comes to special intelligence. I know, I have prepared a few during my career. This time, however, I am prepared to take you right inside the system and demonstrate the frontline analytic process and findings concerning the Vietnam War and the MIA/POW issue. If you are interested in, or desire such data and information,
Re: WELL, ALL YOU HAVE TO DO IS "JUST ASK ME" STATE OF MONTANA ) : SS COUNTY OF ROOSEVELT )
My name is Jerry J. Mooney. I currently reside at 324 Edgar Street, Wolf Point, Montana, 59201. (note: Jerry has moved since this Affidavit was submitted). I am 52 years old, married with two daughters and five grandchildren. Between 28 April 1957 - 1 June 1977, I served on active duty with the United States Air Force Security Service Command. I retired at the rank of E8, SMSGT.
During the years of my military service, I received specialized training in communications analysis, cryptanalytics and linguistics. My operational duty assignments included tours of duty in Libya, Pakistan, Turkey, Okinawa, Italy, and Thailand with TDY assignments in Crete, Greece, Korea, Japan, Taiwan, the Phillipines and Vietnam. Further, I served three tours of duty at the National
Security Agency with occasional "Business Trips" to the Defense Intelligence Agency and Central Intelligence Agency.
My Intelligence Analysis experience includes the following target areas:
a. Soviet Naval Air Forces
My Intelligence Service has been both worldwide and diversified. Additionally, for over two years, I served as Staff Officer for Air Borne Operations enabling insight into National Planning and Objectives.
Since I have been quoted in numerous media articles and books and have appeared in two T.V. productions, I am sure you will have many questions to ask. However, to ensure a full disclosure of my experience in the MIA/POW issue, and the war, I feel it important to provide you "with questions." And such will be the thrust of my Statement before this committee.
First, a few messages that might be of interest to some United States Senators:
a. For Senator Bradley - In the Gates Hearings, you expressed concern/interest in the U.S. role in providing intelligence to foreign governments. If the senator is still interested, he can contact me concerning my staff role in such actions.
b. Senator Diconcinni - In the Gates Hearings, you demonstrated concern/interest in the handling of congressional names noted in intelligence, If still concerned, ask me, it happened occasionally during my watch.
c. Senator Boren - In the Gates Hearings, you demonstrated concern/interest in the general mistrust that exists within the intelligence community. It exists, its structure demands it, just ask me.
d. Senator Nunn - In the Gates Hearings, you expressed concern that analysis does not always reach the top level of government. Deja Vu, the MIA/POW issue, just ask me why.
e. Senator McCain - In these hearings, you have expressed doubt at the Soviet/POW connection. After all, you were never questioned by the Soviets. Senator, you best get down on your hands and knees and thank God you were not questioned by the Soviets. Had you been questioned by them, you would not be here today. You would have been "Gone Forever." Further, you best thank God you were not shot down and captured alive between 16:30N and 19:00N in North Vietnam and the adjacent Pass areas between mid 1968 - early 1972. If you had been, there was a high probability you would have made it to the "American POW Pick and Shovel Brigade" and not returned at Homecoming I due to North Vietnamese National Security reasons and concerns. We can talk about that, just ask me.
And now Senators, just sit back, relax, and listen up. If its answers you seek, the truth - not a truth, then here are just some of the questions you should ask.
a. Title 18, U.S.C. 798, the Holy Legal Grail of Special Intelligence. I have violated
this law, U.S. Senators and Congressmen have ignored and violated this law, and the
Executive Branch has forsaken it. JUST ASK ME.
c. The EC47Q incident, much publicized, very confusing. In this incident, the
government position is either a lie or an act of incompetence. JUST ASK ME.
A list of MB, CB POWs
Right here and right now, I can recreate major portions of those original lists. JUST ASK ME.
f. Did Kissinger and the top levels of Government have all the vital intelligence data to make an accurate policy decision concerning the MIA/POWs? No, they did not and that fact is recorded in my military records. If you wish to discuss this, well, JUST ASK ME.
g. My own personal battered, bruised and blooded journey through the darkside of democracy in this issue is of importance. It clearly shows the system, from NGB to no response does not work. JUST ASK ME.
h. The "Intelligence Covenant" should be discussed and why it failed during the war and in the efforts to resolve the MIA/POW issue. JUST ASK ME.
i. So far in these hearings, there has been much discussion concerning the so-called discrepancy cases. Well, Senators, lets discuss the ultimate discrepancy case, JOHN C. MORRISON AND SAN D. FRANCISCO. JUST ASK ME.
j. The phrase "U.S. Government Coverup" is often charged in the MIA/POW issue. I don't subscribe to that, the charge is too generic. But, in considering the Larry C. Van Renselaar incident, I do charge the SRV and U.S. Government of a "Conspiracy with Complicity." Maybe not planned, but certainly in effect. JUST ASK ME.
k. North Vietnamese National Security Interest vs Homecoming I. This is truly critical in understanding the issue. JUST ASK ME.
l. The U.S. Government has most of the important intelligence mail. They read it, but in many cases, do not comprehend it because they lack the data base. The Charles Caffarelli/Ronald Stafford case clearly illustrates that fact. JUST ASK ME.
m. It takes two or more parties to fight a war and each side suffers its MIA/POW/KIA and WIAs. Mothers tears exist on all sides. Lets discuss Tuyeen and his relationship to Larry C. Van Renselaar, its important. JUST ASK ME.
n. Besides many other things, the U.S. Government has called me "less than credible." That's not what my military records reveal. Lets examine those records and if you have any questions, JUST ASK ME.
o. In September 1990, I undertook a journey with the primary goal to advise the Congress that intelligence might fail if this nation went to war in the Persian Gulf. This warning was based on a failure to fully address the "1976 Intelligence Fix-up" from lessons learned during the Vietnam War. This mission failed as did the intelligence support during Desert Storm... This should be discussed for the Vietnam failure was alive and well in Desert Storm, its' syndrome is not dead and behind us as "Mr. Chips" proclaims. JUST ASK ME.
p. A majority of the MIA/POWs from the Vietnam War are pilots and aircrews. Their price, a Bag of Rice. John Busch and Victor Apodaca are a testimony to that stark reality. JUST ASK ME.
q. The F111, Cadillac of the Skies - High Intensity MB. The enemy especially "collected data and trained" for the shootdown of these aircraft and to capture the pilots alive. Their efforts were well rewarded with 10 F111 POWs, two returned at Homecoming I. The two returnees were fortunate in that the MB priority was overrided by North Vietnamese political and policy concerns at the time of their shootdown. In plain language, the North Vietnamese had to "Jack UP" the POW numbers to be returned at Homecoming I. JUST ASK ME.
r. The Trigger End of the Vietnam War were the MIA/POW/KIA/WIA and BIAs. The policy and political bullets were the Gulf of Tonkin Resolution and the Rules of Engagement.. JUST ASK ME.
s. Executions, Prior Knowledge, Out to Lunch. A suppression of intelligence and estimates. Policy and politics took precedence over the lives and security of our own men. JUST ASK ME.
t. The primary thrust of the MIA/POW investigation has been the sighting reports. All other intelligence seems to be that potted plant. The Daniel Borah case is a perfect example along with Force 16. To fully understand this issue, one must first define "MIA/POW information." JUST ASK ME.
u. The "Briefing Strip, 400 Feet Long." In a letter to a family member, Col. Schlatter called the existence of such a strip absurd. Yes, it was used as a critical source of information for the book "The Bamboo Cage." The Col. didn't bother to ask "ME" about the strip, nor has anyone else in the DIA. Why don't you ask, yes, JUST ASK ME.
v. The Government uses lies in an attempt to shut me up. "Someone" else has used "Lye." The latter does burn and scar. I got the pictures, JUST ASK ME.
w. Senators, if you were a POW nailed to the political and policy cross of our government, what statement would you make? Perhaps, you would say: "My government, my government, why has thou forsaken me?" And, if you had been listening over the past six years, you would have heard my voice
"My Government, My Government, I do not forgive you for you do know what you have done." Yes, my voice, sent to you in affidavits and in letters with no response. JUST ASK ME.
x. Hill 1492, a perfect example of why sighting reports must be correlated to all source intelligence to have real value. JUST ASK ME.
y. The North Vietnamese Face Saver, their Ace in the Hole. The legal right - Inner/Outter Prison System/camps and mixed prison system. JUST ASK ME.
z. The Thomas Hart Case - Destroyed information. The Harley Hall Case - Trophy. JUST ASK ME.
aa. The KIA: Marker, Hentz, Osborne, Strany, Frink, Allfy, Chapman, Gatwood, Stafford, Caffarelli, Holte, O'Neil, Zich, Avery, Allen, etc. The data exists, JUST ASK ME.
ab. For one live American on the ground, in enemy territory, in danger of losing his freedom, 13 men died trying to save him. Listen to their names, listen hard: Christiansen, Frink, Kullard, Paschall, O'Neil, Williams, Zich, Allfy, Avery, Call, Chapman, Pearson, Prater. Now listen to another set of names, names of those who hold responsibility, accountability, power and authority for those listed as MIA/POWs and did not respond: Senator Kennedy, Senator Nunn, Senator Warner, Senator Glenn, Senator Durenburger, Senator Hatfield, Senator Dole, Senator Cohen, Senator Hollings, Congressman Hyde, etc. This should be discussed, JUST ASK ME.
ac. Revenge executions - We had the Crown Jewel of Intelligence, Prior Knowledge. It was suppressed, but made it to the Blue Book. JUST ASK ME.
ad. Does the Government manipulate Intelligence to support its political and policy goals? You Bet. You need a recent example - How about KAL 007. JUST ASK ME.
ae. To fully understand the MIA/POW issue, one must first examine and come to realize the enemy's AOB, OB, DOF and its Command and Control procedures. Further, a complete understanding of their ADWOC system must be present. JUST ASK ME.
af. Simple mathematics confirms that men survived and were left behind. Just compare the Laos situation with the Christmas bombings. Numbers don't lie. JUST ASK ME.
ag. With regard to my MIA/POW concerns. I am not a "Johnny Come Lately or Jumping on the Bandwagon" advocate. In 1972, in an interview with a DOD I.G., I expressed my concerns. In 1973, following Homecoming I, I again expressed those same concerns to the DIA. On the latter occasion, DIA expressed concerns as well and stated "they were working on it." Further, since 1985, I have been to the Judicial Branch of Government (No Jurisdiction); the Executive Branch of Government (NGB) and the Legislative Branch of Government (Mostly no reponse). Its quite an interesting journey, JUST ASK ME.
ah. In early 1973, we anticipated a request from Kissinger for an input on the MIA/POW issue to be used in discussions with the North Vietnamese. Detailed lists were prepared to include a "teaser" which contained some of the known POWs listed as MB and CB. I have the names of those men listed on that "teaser list" and can provide them along with technical and analytic facts. JUST ASK ME.
ai. What are the most common Buzz Words to describe this MIA/POW issue? The ones you hear the most are: "No hard evidence, less than credible, coverup, inconclusive, malicious and unscrupulous, etc." There are other less heard Buzz Words as well. These are: "The Nurenburg Complex and the Go Find the Yellow Pencil Criteria." Understanding these Buzz Words is critical to understanding the handling of the issue by the Government. JUST ASK ME.
aj. There has been much discussion about "MB." "CB" also plays a role in this MIA/POW issue and should be discussed. JUST ASK ME.
ak. BIG MB vs little mb; that should be examined so no one POW falls through the political and policy cracks this time around... ASK ME.
al. The government will travel thousands of miles to interview a Lao who knows someone who saw a possible POW. Yet, in Montana I sit for six long years, a short 1700 miles from Washington, D.C. and not one government person has traveled to see me. I find that amazing since I saw hundreds of MIA/POWs through the Art and Science of special intelligence. Why, ASK ME, how, JUST ASK ME.
am. Does my speaking out with such detail do damage to the National Security of the United States? Yes, it can, but I warned the the government, time and time again and even offered a solution. JUST ASK ME.
an. The Senator Church Committee Hearings and the MIA/POW issue. Is history repeating itself, maybe. JUST ASK ME.
ao. Does the best and most complete intelligence get to the top level of our government? No way. I suggest you all read the transcript from the Senate Intelligence Committee Hearings in early 1991. The best, and most pure intelligence floats through what is called the underground intelligence network. JUST ASK ME.
ap. Scott Barnes, Flake or for Real. I had an interesting experience with Mr. Barnes in 1985. JUST ASK ME.
aq. Most times, what I have said or written concerning the MIA/POW issue has been ignored as "Theory." Senators, intelligence analyst do not deal in theory, we leave theory to the bunglings of policy makers and political shakers. What we work with is IGCP to EEI and I&W to resource selection/development/allocation to technical tasking with special emphasis to collection to product/technical reporting to full analysis to firm conclusions and solid estimates. If you wish to discuss this in "DETAIL," JUST ASK ME.
ar. The Game in Korea. What does that have to do with the POWs from Southeast Asia? JUST ASK ME.
as. When it comes to the MIA/POW issue, we had the Crown Jewel of Intelligence, Prior Knowledge. Maybe no one except me is willing to admit that and to accept accountability and responsibility for failing to act upon its truths and that is why the special intelligence is carefully ignored in this issue. JUST ASK ME.
at. In these hearings, the most important issue to be examined is the MIA/POWs. However, our "System" of government, admired and copied by so many must also be examined. For six long years, I have tried to make the system work. It doesn't. JUST ASK ME.
au. Are some U.S. MIAs still alive in Southeast Asia. The SRV U.N. Ambassador literally admits that MIAs are still alive on 5 Nov 1991 outside this hearing room. His statement confirms the SRV "Ace in the Hole" solution is still alive and well. JUST ASK ME.
av. Poor Mr. Bell, Chief MIA/POW Office in Hanoi. So frustrated he is trying to gain access to SRV archives. Someone should tell Mr. Bell that many of the details he seeks are available in U.S. records such as the COINS, AAA Handbook, Product reports, Briefings, Memo's etc. JUST ASK ME.
aw. Is there such a thing as "Sighting Reports without People." You bet. In fact, in 1976, such a tasking was discussed with an NIO at the CIA. JUST ASK ME.
ax. The Soviet Forces Cuba vs The Soviet Forces Vietnam. One Overt, One Covert, a big difference. JUST ASK ME.
ay. Uralsk, Kazakhstan, Semipalatinsk, Kapustin Yar, Vladimirovka, Aral'sk, Chelkar, Tyura Tam, Sary Sagan, Alma Ata: One of the Soviet HI-TECH complexes, true MB targets. JUST ASK ME.
az. Kahair Segali Air Station, Alma Ata, the PRC Missile Test Range, and MBPOWs. Is there a connection? Possibly and you Senators could find out with one phone call and demanding certain information IAW Title 18, U.S.C. 798. JUST ASK ME.
ba. The North Vietnamese Military and their Allies - Just a bunch of Brown skinned Munchins in black and brown pajamas. NO NO NO. Learn the history, get the facts or you will never understand nor resolve this issue. JUST ASK ME.
bb. Senator Kerry, in these hearings you asked if the intelligence community were reading the enemies' codes. DIA hedged. I was a cryptanalyst, I was there. JUST ASK ME.
bc. Perhaps the first hard warning to me that a MIA/POW abandonment would occurr: SMSGT CHARLIE O. STOUT, NKP, SUMMER 1974, FOLLOWING A SALT AND PEPPER INCIDENT IN LAOS. JUST ASK ME.
bd. MB - POWs were moved on with asylum, they technically became defectors to themselves and the Soviets. JUST ASK ME.
be. From my experience with the DIA during the war years, they are not incompetent as people now charge in this MIA/POW issue. Their analyst were sharp, damn good. JUST ASK ME.
bf. The system, DIA, NSC, CIA, NSA: The Bastard, the Politician, the Godfather and the Virgin. This system creates many, many problems and prevents good and accurate intelligence from reaching the top. JUST ASK ME.
bg. Vung Tu, South Vietnam, POW sighting. Junkyard dogs, Cambodian connection, probably. JUST ASK ME.
bh. The Son Tay raid was really a nice try. However, they simply went to the wrong Son Tay. If the raid had been to the right Son Tay, they may have rescued some POWs as well as captured a few Soviets. JUST ASK ME
bi. Who were the "Enemy Raiders" who sortied into Southern North Vietnam? Were
any of them captured and not returned? This excercise was probably just one of the many covert operations that were conducted in SEA during the War. This should be discussed. JUST ASK ME.
bj. YES, there were executions in SEA. Some Americans captured alive were executed. No doubt, some were heat of the moment actions. However, a few were revenge executions with the full approval of the enemy's command and control authority. That, Senators, is the big "M" word, MURDER. JUST ASK ME.
bk. The ASSRN; VOCN, BKAPC and HOTB's. You will probably receive some of this data for your review. But be careful, without good data base backup, you can get into some serious trouble. JUST ASK ME.
bl. Results/Reports from coded data, again, be careful. Without good background or data base, you can easily come to the wrong conclusions. JUST ASK ME.
bm. Most believe, that its the DOD which is the OPI in this issue. But is it, how about STATE? It DID exhibit command and control in Southeast Asia. JUST ASK ME.
bn. Thach Ban/Long Dai, a key to the MIA/POW issue. You Bet, JUST ASK ME.
bo. Highpoint 310, executions that could have been prevented if the system had worked. But it was just 10 troops, U.S. and Allied. JUST ASK ME.
bp. President Nixon's statement following Homecoming I - "All the POWs have been returned." That was pure politics, unfortunately, the overt system of government took it serious. The real truth was in the requirements at all levels of the operational system with full dedication. JUST ASK ME.
bq. The shootdown of the ICC helicopter near Khe Sanh. Another failure of intelligence at the Staff Level. It was a 3,2,1, bang situation. JUST ASK ME.
br. The charge "Coverup." During my career, I saw numerous acts to coverup personal mistakes. However, I witnessed only one official attempt at coverup, and it did not work. JUST ASK ME.
bs. BS. The Normalization of Relations with the SRV. If this normalization occurs before MIA/POW resolution, I will consider it to be the final conclusive act that our government is GUILTY OF TREASON. Other evidence is: The Gulf of Tonkin lie; the Gulf of Tonkin Resolution based on that lie; the Rules of Engagement; the MIA/POW/KIA/PFOD-BNR formula; the misidentification of remains, the ignoring and debunking of truth; and, the "TION" program against those seeking the truth. JUST ASK ME.
Senators, this is just the tip of the iceberg when it comes to questions you should ask me as well as other witnesses who will appear before your committee. In asking such questions as these, maybe a truthful POW resolution will finally become a reality. Further, your efforts can correct the lies of Vietnam, lies which currently are the murderers of history and condemn us to make the same mistakes in the future.
Now, I wish to make a few things very clear so that there is no misunderstanding of my position and motives.
1. The original 1973 solution to the POW issue is still valid today. It has been detailed to others and referred to in my affidavits. If you wish, we can stop these hearings right now and go forth under its guidelines and resolve this issue. However, there will be serious political and policy fallout. Its up to you.
2. You have made it clear that these hearings will finally resolve this MIA/POW issue. Well, Senators, regardless of the results and your final report, the issue will not be put to rest until, I, and others, agree.
3. The Briefing Strip contains many of the lists and details I have described in this statement. For now, it stays where it is, safe and secure. After all, you the Congress, had it at one time and debunked it.
4. These hearings are directed towards resolution of the MIA/POWs. However, I wish to discuss the BIAs of the war as well, the Betrayed in Action, every G.I.
that served in that war was a BIA. The evidence is in the Rules of Engagement that remain classified today despite the best efforts of former Senator Barry Goldwater. Those who served have a right to know this truth.
And now, PRINCIPLES. I hate to use that word in Washington, D.C. Somehow the word just doesn't fit. Also, a few TFTs, Thoughts for Today, that you might consider:
a. Can it be, with the fall of the Soviet Union, only one Evil Empire remians on the planet Earth - Washington, D.C.?
b. I come forth not to praise or bury Ceaser (MY GOVERNMENT), but only to give it a good swift kick in the seat of the pants. It has earned it.
c. The U.S. Constitution still reads, in its boldest print, "We the People." Has it changed to now read "You the Government"????
d. At times, WAR IS NECESSARY to protect our freedom and liberty. When war becomes necessary, we the people permit government to exercise the terrible responsibility to risk our lives in warfare. In turn, we the people demand from government their awesome accountability not to waste us. In the Vietnam War and this MIA/POW issue, the government has failed.
e. It is not enough to be willing to fight and die for your country, no, that is not enough. One must be willing to live and fight for your country as well. For, at times, the greater threat to one's freedom and liberty will come from within, not from without.
f. This MIA/POW issue is not just of concern to family members. They do have a special right to know the truth. However, the men who served in that "No Win" Vietnam War served for We the People. And We the People are responsible for them and have a right and an obligation to know the truth as well.
In conclusion, a wise man once made the following observation: "No matter how fast the bird flies, not the distance it covers, it will never fly away and distance itself from its tail. Likewise, no matter the government lies, the remains misidentifications,
its snowflake political and policy positions, the intimidations, etc... the government will never be able to distance itself from the MIA/POW issue. Only the truth will resolve this issue and make sure that it never happens again. Never again should we allow men to go to war where legally they can be captured and held as war criminals as is the case in Vietnam with the Gulf of Tonkin Resolution. Lets get it done, Senators, lets finally resolve this issue with truth, justice and due process. I conclude this opening statement with the United States Air Force Security Service Motto ---- CAN DO, WILL DO, HAVE DONE.
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