"Aid And Comfort": Jane Fonda In North Vietnam"
By: Henry Mark Holzer & Erika Holzer
Foreword by Col. George “Bud” Day
(7 x 10)
Publication Date: 2002
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Jane Fonda’s visit to Hanoi in July 1972 and her pro–North Vietnamese, anti–American conduct, especially her pose with an anti-aircraft gun used to shoot down American planes and her propaganda broadcasts directed toward American troops, angered many Americans. In their eyes, she was guilty of treason, but she was never charged by the American legal system. Instead, she has made millions, been the recipient of countless awards, and remained an honored American icon.
This work investigates Fonda’s activities in North Vietnam and argues that she could have been indicted for treason, that there would have been enough evidence to take the case to a jury, that she could have been convicted, and that a conviction probably would have been upheld on appeal. It also considers Fonda’s early life and the effect it had on her behavior and beliefs in her later years, her audience of American pows who were forced by the Vietnamese to listen to her broadcasts condemning them as war criminals, her arrival in Vietnam and how it was viewed by American servicemen and civilians, the crime of treason throughout history, and the only Congressional inquiry into her actions, which resulted in the government’s decision to take no legal action against her. Texts of Fonda’s radio broadcasts to American servicemen comprise the appendix.
Henry Mark Holzer is professor emeritus at Brooklyn Law School. Erika Holzer is a lawyer, novelist and essayist.
Reviews and other praise for "Aid and Comfort": Jane Fonda in North Vietnam
The case of Robert Walker Lindh, the so-called “American Taliban,” has resurrected the issue of treason. What constitutes treason? What are the precedents? Why wasn't Lindh, who was captured early in the war in Afghanistan, charged with treason? The answers to these and many other questions can be found in a very useful new book about another high-profile case involving an American citizen, who like Lindh, arguably “adher[ed] to [America's] enemies, giving them aid and comfort”—Jane Fonda.
“Aid and Comfort”: Jane Fonda in North Vietnam" by Henry Mark Holzer and Erika Holzer is a veritable sourcebook on treason. While the book is fairly short, it contains a great deal of documentation, including transcripts of Miss Fonda's propaganda broadcasts and other interviews, long passages from court decisions, and congressional testimony.
But the Holzers, both attorneys (Mr. Holzer is also professor emeritus at Brooklyn Law School) succeed remarkably well in making a notoriously difficult topic understandable to the non-lawyer.
The first part of the book, while interesting, is probably the least useful. Based on the work of other writers, it provides a summary of the evolution of Jane Fonda from young starlet to left-wing radical. The second part of the book examines the treatment of U.S. prisoners of war (POWs) by the North Vietnamese and Viet Cong and Miss Fonda's actions during her visit to North Vietnam in July 1972. The evidence against her is to be found in this section.
In the third and by far the most important section of "Aid and Comfort," the Holzers provide a history of the concept of treason and its place in constitutional law. This part is very helpful in thinking about the case of Lindh. Here the Holzers also make a very strong case that Miss Fonda should have been indicted on the charge of treason for her actions in North Vietnam. Indeed, the case against her is actually stronger than the one against Lindh.
As the Holzers point out, the constitutional and legal foundation for the crime of treason was laid in England nearly seven centuries ago during the reign of Edward III. The wording of the Statute of Edward served as the basis for treason legislation passed during the American Revolution and the text of Article III, Section 3 of the Constitution, which defines treason as “levying war” against the United States, or in “adhering to their enemies, giving them aid and comfort.”
Miss Fonda's defenders claim that her propaganda broadcasts on behalf of the North Vietnamese did not constitute treason against the United States because Congress did not declare war in the case of Vietnam. Besides, they claim, she was only exercising her right to free speech. The Holzers make mincemeat of these defenses.
They point out that Aaron Burr was indicted for the “levying war” prong of treason even though the United States was not at war with anyone at the time. This principle was reinforced in United States vs. Greathouse (1863). In this case, Justice Stephen Field made the point that “the term ‘enemies,’ as used in [the treason clause of Art. III, Sec. 3], according to its settled meaning, at the time the constitution was adopted, applies only to the subjects of a foreign power in open hostility with us.” As the authors observe, “if . . . [Justice Field] meant to refer to ‘war,’ he certainly would have done so. Instead, he chose the word ‘hostility,” denoting a very different relationship: one not of war.”
The Holzers could also have made the point that the Gulf of Tonkin Resolution constituted a contingent declaration of war. In retrospect we may say that the resolution was an abdication of congressional responsibility, but it did give the president the authority to use force against a state in open hostility to the United States. According to the principle established by Greathouse, the charge of treason was appropriate during the Vietnam War.
No one accuses Miss Fonda of “levying war” against the United States, but they do contend that she adhered to America's enemies during the Vietnam War and gave them “aid and comfort.” Most of the treason cases arising from World War II were of this nature---involving Americans who broadcast propaganda for the enemy—and the courts routinely rejected the “free speech” defense.
These cases were decided in federal Courts of Appeal according to certain principles established by the Supreme Court in Cramer vs. United States and Haupt vs. United States: a charge of treason requires proof, which can be circumstantial, of treasonable intent and at least one overt act of betrayal; and that the overt act, proved by two witnesses, must provide actual aid and comfort to the enemy.
The Holzers demonstrate beyond the shadow of a doubt that, based on cases that included the United States vs. “Tokyo Rose” and “Axis Sally,” Jane Fonda could have been indicted for treason and that the government might well have won its case. For reasons the Holzers show to be very weak, the government chose not to proceed against her.
The Holzers conclude with the observation that there will never be a legal indictment of Jane Fonda for treason. “But there is another kind of indictment: a moral one. And that one, too, has no statute of limitations. Nor should it.”
The Holzers need not worry. For most Americans, the name of Jane Fonda is infamous, conveying the image of a dim bulb, an empty vessel filled with the half-baked ideas of the closest alpha male, who lent her celebrity and wealth to the cause of America's enemies. But her fate may be even worse than infamy - she is an object of ridicule. ---------Mackubin Thomas Owens, Professor of Strategy and Force Planning, Naval War College, in The Washington Times.
"We former POWs will never forget being forced to listen to the propaganda broadcasts of Jane Fonda from Hanoi. "Aid and Comfort": Jane Fonda in North Vietnam is 'must reading' for those who want irrefutable proof of Hanoi Jane's treachery, and its legal significance." Mike McGrath, Capt. USN (Ret.), President, NAM-POW.
"No American who loves their country will fail to be sickened by the story Professor and Mrs. Holzer have told in this book. They are owed a debt of gratitude by those who cherish liberty and continue to defend it." David Horowitz, President, David Horowitz Freedom Center.
"Using [Fonda's] own speeches . . . Professor and Mrs. Holzer cleverly connect her eagerly delivered statements to the law of treason, and lead you through a thicket of law and evidence with incontrovertible logic. Follow them through this remarkable book as they prove that there was enough evidence to indict and convict her of the grandfather of all crimes. You, too, can review that evidence and then cast a 'guilty' ballot." George E. "Bud" Day, Col. USAF (Ret.), Recipient of the Medal of Honor.
"Axis Sally, Tokyo Rose, Lord Haw Haw--all of whom were punished as traitors--would have been amazed to read "Aid and Comfort": Jane Fonda in North Vietnam. The sum fo their acts of treason equals a small fraction of the acts of aid and comfort Jane Fonda gave our Communist enemies. This book will shock many Americans. That Fonda committed many acts of aid and comfort documented here is astonishing. That the American government looked the other way is astounding. This book provides the indictment that the government oculd have handed to a jury--if it had the wil to do so in those days. A 'must read'!" Fred Kiley, Col. USAF (Ret.), Co-author, Honor Bound, American Prisoners of War in Southeast Asia, 1961-1973.
“ Aid and Comfort": Jane Fonda in North Vietnam is not a potboiler; it is a blood boiler, and your blood will surely boil when you read the Holzer's description of Jane Fonda's treachery during the Vietnam War. As a combat infantry officer in Vietnam, I can attest to the fact that Jane Fonda, and people like her, succeeded very well in lowering troop morale, and as any combat vet will tell you, low morale leads to lowered effectiveness, and that leads to battlefield deaths. Henry Mark Holzer and Erika Holzer present a well written, well researched, and very logical indictment for treason against Jane Fonda. This book is not only about the past, it is about the post-September 11, 2001, present; it is about people who can find nothing good about their country, people who see no moral justification in national defense, people who make excuses for and who aid and abet repressive and hostile regimes. For those of us who answered the call of duty, and who put their lives on the line for this country, Jane Fonda will forever be a symbol of treachery, divisiveness, and cowardness. In a way, she got away with treason, but the Holzer's book goes a long way in righting a terrible wrong. ” Nelson DeMille, Author, Up Country.
“This excellent and meticulously researched book indisputably makes the case that Jane Fonda could have and should have been indicted for treason for her unconscionable activities on behalf of our nation's enemy during the Vietnam War.
Contrary to what other reviewers have opined, this is NOT 'ancient history.'
With our troops once again in harm's way in a shooting war, Ms. Fonda's despicable activities need to be kept clearly in mind by those who would cross the line separating robust discourse from the giving of aid and comfort to the enemy.
Disagreeing with our nation's foreign policy does not give one license to commit treason. Ms. Fonda's treasonous actions, and our government's weak-kneed failure to prosecute her for her crime, also need to be kept in mind by our current leaders. When the government makes the decision to commit our armed forces to war and (for some) death, it has an obligation to prosecute those who cast in their lot with the enemy our troops have been ordered to defeat. Like it or not, wartime is different; not everything goes. And any government who, in the name of "freedom," fails or is afraid to prosecute the treasonous, itself betrays our nation and its armed forces. The tale of Jane Fonda — and what she did, and what the government didn't do — is indeed a timely one." Pierce Haveko, Lawyer.
"FakeWarriors:Identifying, Exposing, and Punishing Those Who Falsify Their Military Service"
By: Henry Mark and Erika Holzer
Price: Trade Paperback $18.69
ISBN: 1-4010-9675-1 (Trade Paperback)
ISBN: 1-4010-9676-X (Hardback)
ISBN: 1-4010-9677-8 (eBook)
Publication Date: 2003
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Fake Warriors lays bare a national scandal: the shocking story of countless men of the Vietnam War era who falsify their military service. Their motives vary, from seeking unearned glory at the expense of authentic heroes, to more tangible benefits like defrauding the V.A. and stealing money from impressionable women. This book enables every patriotic American who appreciates the contributions of those who serve their country honorably to identify and expose fake warriors in their midst, as well as helping to bring about their long overdue punishment.
"Finally, an excellent study of a serious abuse that's been going on in our country far too long. Fake Warriors exposes the widespread scandal of phony veterans, especially fake prisoners of war. This important book is the manual on what these pretenders do, how they do it, and how we can stop them. It is must reading for anyone who respects the true veterans of our nation. The Holzers, fresh from the success of their "Aid and Comfort": Jane Fonda in North Vietnam, now bring their characteristic lucidity and energy to the treatment of this deplorable con game that feeds on the valor of others and leaches millions of dollars a year from the pockets of American taxpayers."
—Fred Kiley, co-author, Honor Bound, American Prisoners of War in Southeast Asia, 1961-1973
As an Army veteran, when I run into a lot of panhandlers under highway bridges holding those ubiquitous HOMELESS VIETNAM VET or DESERT STORM VET LOOKING FOR WORK signs, it takes me about thirty seconds of questioning to find out that virtually every one of them is a “fake warrior.” But not everyone has served in the military, so to the average civilian it’s hard to detect who’s the real McCoy.
Or at least it may be hard until one reads Fake Warriors: Identifying, Exposing, and Punishing those who Falsify their Military Service.
Among other things, the Holzers’ book shows in some detail how most “fake warriors” are angling for much more than pocket change.
There is a seemingly endless parade of men who are the recipients of spurious Medals of Honor, Bronze Stars, Navy Crosses, and Purple Hearts. Of men who falsely claim to be Army Rangers, Green Berets (Special Forces), Navy Seals, Seabees, CIA black ops, and gung-ho Marines.
The Holzers also explain how millions of dollars of Veterans Administration benefits are stolen.
How these guys (and a few gals) have pried out of an unwitting public unearned gratitude and social esteem.
And — far worse — how these charlatans have manipulated the emotions of lovers, spouses, and entire families, causing embarrassment, humiliation, and heartbreak.
The Holzers’ book documents — step by step, contact by contact, website by website — exactly how these fakes can be brought to justice.
And since their exposé is written for the intelligent layman, any alert person — even someone who has absolutely no familiarity with the military but who takes the time to carefully read through this thoroughly researched and very readable book — can apply its lessons and “out” a fake warrior in his or her own community.
Henry Mark Holzer and Erika Holzer have penned the coin of the realm for spotting the counterfeit Audie Murphys. One shocking thing we learn from their book is that there are more dishonest imposters than you’d ever have imagined exist in this country — in the authors’ words, “a virtual epidemic.”
That’s why the book is such a valuable tool. It educates the reader about how to expose, shame and alert the proper authorities about these poseurs among us — about men and women who desecrate the memories of American’s genuine war heroes.
That’s why Fake Warriors is worth its weight in Silver Stars.
--Robert L. Jones, essayist and former member of the U.S. Army
I have read the book Stolen Valor and loved it. I am a Vietnam veteran, and I was so tired of all the “wannabees” who now say they were over there but never were, that I had to find out if some of them really were.
Although Stolen Valor was informative, Fake Warriors helped me out the first few hours I read it. It exposed a fake who claimed to be a Navy Seal and was not.
I went right to a website that led me to a man who had a list of every single Navy Seal that ever existed. I called him up and we spoke for half an hour. My guy was nowhere to be found.
This book is much more informative on exactly HOW to determine a fake and easily prove it.
I highly recommend Fake Warriors even to a casually interested student of the art of military fakery.
--Mark A. Paul, Vietnam Veteran
There are several books on the market dealing with military frauds and phonies but Fake Warriors: Identifying, Exposing and Punishing those who Falsify their Military Service by Henry Mark Holzer and Erika Holzer takes you through the hype, the fact-finding, the process — to expose and nail those that steal the honor and integrity of our veterans for personal gain.
It is THE BEST and most accurate “self-help” book available on the issue.
This book by the Holzers follows their earlier one, Aid and Comfort: Jane Fonda in North Vietnam (McFarland and Company) — the story of how Fonda SHOULD have been tried for treason.
Any book written by Hank or Erika Holzer is nothing but the most accurately researched, thought-provoking material out there!
--Mary Schantag, POW Network
Why Not Call It Treason? Korea, Vietnam, Afghanistan and Today
By: Henry Mark Holzer
ISBN: 1-4134-2180-6 (Short Book)
Publication Date: 2003
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Public attention given to Taliban John Walker-Lindh's activities on behalf of his Nation's enemies caused a resurgence of interest, not only in the law of treason and the eight Americans who were tried for, and convicted of, that crime following World War II, but also in what could have been treason cases from Korea, Vietnam, Afghanistan and today,where indictments were appropriate, but not forthcoming. Why Not Call It Treason? explores the only constitutionally defined crime, and the cases of four notorious individuals: two American soldiers, Walker-Lindh, and a radical New York lawyer, who were not, but should have been, prosecuted for treason.
Nearly a decade ago, four "critical race theorists" continued their attack on free speech with the publication of a collection of legal essays purporting to prove that not only "sticks and stones can break your bones," but that certain words are just as harmful. Speaking Freely: The Case Against Speech Codes is the definitive answer to the Crits' call to curb the First Amendment in order to "protect" Americans from so-called hate speech.
The eight law review articles and one Supreme Court decision included in Speaking Freely were chosen by Editor Henry Mark Holzer to make the case against so-called "words that wound," and for unfettered, uninhibited, uncensored speech. From the first article's exploration of the alleged racism that serves as the Hate Speech Movement's rationale for censorship, to the final chapter's discussion of the tyranny to which government-enforced politically correct speech inevitably leads, Speaking Freely is a timely, necessary, and irrefutable defense of the Amendment that is the foundation of American democracy.
Government's Money Monopoly: Its Source And Scope And How To Fight It
By: Henry Mark Holzer
Size: 6 x 9
Publication Date: Nov-2000
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A historical survey of government’s total control of the monetary system.
A distinct correlation exists between how free a society is and how much power its government has over money. Because the United State of America was supposed to be a free country, its government was granted comparatively few` monetary powers – only to borrow and coin money, and regulate its value. Yet today the same government possesses total power over every aspect of America’s monetary system. With an octopus-like stranglehold, Washington’s control extends to gold, money, banking and much more.
How and why the Founders’ limited intention was converted into omnipotent government monetary power is the subject of this book – a collection of basic materials which, if properly understood, explain what happened. The author’s thoughtful analysis leads to its concluding proposal: a constitutional amendment wholly separating government from money, the only way – permanently – to eliminate government’s power over the monetary system.
The Gold Clause: What It Is And How To Use It Profitably
By: Henry Mark Holzer
Size: 6 x 9
Publication Date: Nov-2000
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Everything anyone would want to know about a virtually unknown debt-protective contractual device with its roots in the Civil War’s issuance of “greenbacks.”
Through the ages gold clauses have served as protection from inflation. Americans, however, were forbidden by law to own gold from 1934 to 1974. As gold ownership is once again legal, it is now possible to use the gold clause to protect ourselves from the destruction of paper money.
This book explains exactly what gold clauses are, giving their background and how they have been used in the past. It documents how they were abrogated in 1934 and presents the legal cases stirred up over them. Most importantly THE GOLD CLAUSE thoroughly documents the current revival of their use, explains, why they are again valid, and details how to structure them avoiding the critical pitfalls such as state usury laws.
The only complete presentation of all the legal foundations for gold clauses, this book is an invaluable source for all who would use them, from laymen to legal professionals.