Clinton's Draft Dodge: Legal Or Criminal?

did bill clinton break the law when avoided the drasft

Bill Clinton's actions to avoid the draft during the Vietnam War have been the subject of much scrutiny and controversy. While he did not break the law, his use of connections and political influence to obtain draft deferments and his eventual decision to renege on a commitment to join the ROTC program at the University of Arkansas have been criticised as unethical and self-serving.

Clinton received educational draft deferments while studying at Oxford University in 1968 and 1969. As a Rhodes Scholar, he was granted special consideration by his local draft board, allowing him to continue his studies despite the elimination of draft deferments for graduate students in 1968. In July 1969, facing the prospect of induction, Clinton agreed to join the ROTC program at the University of Arkansas, which nullified his draft notice and granted him a reservist's deferment. However, he later changed his mind and decided not to join the ROTC, instead choosing to subject himself to the draft.

Clinton's actions during this period have been characterised as a series of calculated moves to avoid military service. He took advantage of his political and social connections to secure deferments and used the ROTC program as a way to delay his induction. When he ultimately decided to renege on his commitment to the ROTC, he did so knowing that he had a high lottery number that made it unlikely he would be drafted.

While Clinton's actions may not have been illegal, they have been criticised as manipulative and contradictory. Colonel Eugene Holmes, the Army officer involved in Clinton's ROTC application, suspected that Clinton had purposely deceived him and manipulated the situation to avoid serving in uniform. Clinton's actions were criticised during his first presidential campaign, particularly by conservatives and Vietnam veterans, who charged that he had used his connections to avoid military service.

Characteristics Values
Date of birth 19 August 1946
Year of draft notice 1968
Date of draft notice 28 July 1969
Date of draft lottery 1 December 1969
Draft lottery number 311
Date of letter to Col. Holmes 3 December 1969
Date of application to Yale Law School 2 December 1969
Date of reclassification to 1-A 30 October 1969
Date of pardon 21 January 1977
Date of first presidential election 1992

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Clinton's draft letter

Clintons draft letter

Dear Colonel Holmes,

I am sorry to be so long in writing. I know I promised to let you hear from me at least once a month, and from now on you will, but I have had to have some time to think about this first letter. Almost daily since my return to England I have thought about writing, about what I want to and ought to say. First, I want to thank you, not just for saving me from the draft, but for being so kind and decent to me last summer, when I was as low as I have ever been. One thing which made the bond we struck in good faith somewhat palatable to me was my high regard for you personally. In retrospect, it seems that the admiration might not have been mutual had you known a little more about me, about my political beliefs and activities. At least you might have thought me more fit for the draft than for ROTC. Let me try to explain.

As you know, I worked for two years in a very minor position on the Senate Foreign Relations Committee. I did it for the experience and the salary, but also for the opportunity, however small, of working every day against a war I opposed and despised with a depth of feeling I had reserved solely for racism in America before Vietnam. I did not take the matter lightly, but studied it carefully, and there was a time when not many people had more information about Vietnam at hand than I did. I have written and spoken and marched against the war. One of the national organizers of the Vietnam Moratorium is a close friend of mine. After I left Arkansas last summer, I went to Washington to work in the national headquarters of the Moratorium, then to England to organize the Americans here for demonstrations here on October 15th and November 16th.

After one week of answering questions about allegations of draft-dodging and one week before the New Hampshire primary, a letter surfaces in which a young Bill Clinton thanks a colonel for "saving me from the draft."

Interlocked with the war is the draft issue, which I did not begin to consider separately until early 1968. For a law seminar at Georgetown I wrote a paper on the legal arguments for and against allowing, within the Selective Service System, the classification of selective conscientious objection, for those opposed to participation in a particular war, not simply to, quote, participation in war in any form, end quote. From my work I came to believe that the draft system itself is illegitimate. No government really rooted in limited, parliamentary democracy should have the power to make its citizens fight and kill and die in a war they may oppose, a war which even possibly may be wrong, a war which, in any case, does not involve immediately the peace and freedom of the nation.

The draft was justified in World War II because the life of the people collectively was at stake. Individuals had to fight if the nation was to survive, for the lives of their countrymen and their way of life. Vietnam is no such case. Nor was Korea, an example where, in my opinion, certain military action was justified but the draft was not, for the reasons stated above.

Because of my opposition to the draft and the war, I am in great sympathy with those who are not willing to fight, kill, and maybe die for their country, that is, the particular policy of a particular government, right or wrong. Two of my friends at Oxford are conscientious objectors. I wrote a letter of recommendation for one of them to his Mississippi draft board, a letter which I am more proud of than anything else I wrote at Oxford last year. One of my roommates is a draft resister who is possibly under indictment and may never be able to go home again. He is one of the bravest, best men I know. His country needs men like him more than they know. That he is considered a criminal is an obscenity.

The decision not to be a resister and the related subsequent decisions were the most difficult of my life. I decided to accept the draft in spite of my beliefs for one reason: to maintain my political viability within the system. For years I have worked to prepare myself for a political life characterized by both practical political ability and concern for rapid social progress. It is a life I still feel compelled to try to lead. I do not think our system of government is by definition corrupt, however dangerous and inadequate it has been in recent years (the society may be corrupt, but that is not the same thing, and if that is true we are all finished anyway).

When the draft came, despite political convictions, I was having a hard time facing the prospect of fighting a war I had been fighting against, and that is why I contacted you. ROTC was the one way left in which I could possibly, but not positively, avoid both Vietnam and resistance. Going on with my education, even coming back to England, played no part in my decision to join ROTC. I am back here, and would have been at Arkansas Law School, because there is nothing else I can do. In fact, I would like to have been able to take a year out perhaps to teach in a small college or work on some community action project and in the process to decide whether to attend law school or graduate school and how to be putting what I have learned to use. But the particulars of my personal life are not nearly as important to me as the principles involved.

After I signed the ROTC letter of intent I began to wonder whether the compromise I had made with myself was not more objectionable than the draft would have been, because I had no interest in the ROTC program in itself and all I seemed to have done was to protect myself from physical harm. Also, I began to think I had deceived you, not by lies - there were none - but by failing to tell you all the things I'm writing now. I doubt that I had the mental coherence to articulate them then. At that time, after we had made our agreement and you had sent my 1 - D deferment to my draft board, the anguish and loss of self-regard and self-confidence really set in. I hardly slept for weeks and kept going by eating compulsively and reading until exhaustion brought sleep. Finally on September 12th, I stayed up all night writing a letter to the chairman of my draft board, saying basically what is in the preceding paragraph, thanking him for trying to help me in a case where he really couldn't, and stating that I couldn't do the ROTC after all and would he please draft me as soon as possible.

I never mailed the letter, but I did carry it on me every day until I got on the plane to return to England. I didn't mail the letter because I didn't see, in the end, how my going in the Army and maybe going to Vietnam would achieve anything except a feeling that I had punished myself and gotten what I deserved. So I came back to England to try to make something of this second year of my Rhodes scholarship.

And that is where I am now, writing to you because you have been good to me and have a right to know what I think and feel. I am writing too in the hope that my telling this one story will help you to understand more clearly how so many fine people have come to find themselves still loving their country but loathing the military, to which you and other good men have devoted years, lifetimes, of the best service you could give. To many of us, it is no longer clear what is service and what is disservice, or if it is clear, the conclusion is likely to be illegal. Forgive the length of this letter.

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Clinton's broken promises

Clintons Broken Promises

Bill Clinton's actions during the Vietnam War draft were questionable and involved him going back on his word on multiple occasions.

Clinton was initially granted a student deferment from the draft as he was studying at Georgetown University. However, in February 1968, the federal government eliminated draft deferments for most graduate students, meaning Clinton would be eligible for the draft after he completed his final term at Georgetown in the spring of 1968.

Clinton, who was morally opposed to the Vietnam War, began to seek ways of avoiding the draft. He first secured a billet in the naval reserve through his uncle, Raymond Clinton, and Henry Britt, a Hot Springs lawyer and former judge. However, Clinton never followed up on this arrangement.

Clinton then used his political connections to obtain a further deferment, this time through William S. Armstrong, chairman of the Garland County draft board, a friend of Henry Britt. Armstrong held back Clinton's draft notice, allowing him to start his first year at Oxford University without committing to military service.

Clinton's draft board then reclassified him as 1-A (available immediately for military service) in March 1968. Clinton's only available option to avoid the draft now seemed to be joining the advanced ROTC program at the University of Arkansas. Clinton was accepted into the program on July 17, 1969, just 11 days before his induction deadline.

Clinton's draft notice was nullified, and he was reclassified as 1-D (reservist deferment). However, Clinton then changed his mind and decided to return to Oxford University instead of enrolling at the University of Arkansas Law School as he had agreed.

Clinton then further went back on his word by asking his draft board to drop his ROTC deferment and reclassify him as 1-A. Clinton may have calculated that he was not risking much by opting to drop his ROTC commitment as graduate students who received induction notices were now allowed to finish out their school years, and there were rumours that the Nixon administration was considering withdrawing troops from Vietnam and changing the draft requirements.

Clinton's actions may have been unethical and morally questionable, but they were not illegal. He was never charged with a violation of the Military Selective Service Act, and he did not break any civil or military laws.

Clinton's actions during this period were prime examples of the kind of self-serving doublespeak that later earned him the nickname "Slick Willie".

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Clinton's Rhodes scholarship

Bill Clinton was a Rhodes Scholar at the University of Oxford, where he studied law and played an active part in student life, particularly in protests against the Vietnam War.

Clinton was one of thirty-two American men selected to receive the scholarship in 1968. The scholarship brings outstanding students from around the world to study at Oxford, generally for two years. Students are selected on the basis of intellectual distinction, as well as the promise of future leadership and service to the world.

Clinton's time at Oxford was marked by his strong opposition to the Vietnam War. He helped organise an anti-war protest in London in November 1969 and wrote a letter to Colonel Eugene Holmes, an Army officer involved with his Reserve Officers' Training Corps (ROTC) application, explaining his reasons for reneging on his agreement to enter the University of Arkansas and its ROTC program. In the letter, Clinton states that he is "sorry to be so long in writing" and acknowledges that he had promised to "let you hear from me at least once a month". He goes on to thank Holmes, not just for "saving me from the draft", but also for being "so kind and decent" to him the previous summer.

Clinton's draft records show that he was initially classified as 2-S (student deferment) in November 1964, but was reclassified as 1-A (available immediately for military service) in March 1968. He was ordered to report for induction in July 1969 but dishonoured the order and was not inducted into the military. Instead, he enlisted in the United States Army Reserves in August 1969 and was reclassified as 1-D (reservist deferment). However, he failed to report to his duty station at the University of Arkansas ROTC in September 1969 and was reclassified as 1-A in October 1969.

Clinton's birth date lottery number was 311, drawn on December 1, 1969, which meant it was unlikely that he would be drafted. In fact, he was not drafted and went on to attend Yale Law School, where he met his future wife, Hillary Rodham.

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Clinton's 1992 presidential campaign

Bill Clinton's 1992 presidential campaign was announced on October 3, 1991, at the Old State House in Little Rock, Arkansas. Clinton was the governor of a traditionally conservative Southern state, Arkansas, and had been viewed as a viable presidential candidate before his actual bid in 1992.

Clinton's campaign was rocked by scandal when Gennifer Flowers accused him of having a 12-year sexual affair. At the same time, Clinton was accused of misleading the U.S. Army Reserve to avoid serving in the Vietnam War. Clinton and his wife, Hillary, addressed the sexual misconduct allegations in an interview on an episode of 60 Minutes aired after the Super Bowl XXVI. Although they denied the affair, Clinton admitted to having caused problems in their marriage.

Clinton lost to Paul Tsongas in the New Hampshire primary and suffered from persistent criticism over his character for the rest of the election, but he won the Super Tuesday primaries. He ultimately secured the Democratic nomination after winning primaries in Illinois and Michigan, earning him the nickname "The Comeback Kid."

Clinton's opponent, President George H.W. Bush, ran a lackluster campaign that failed to convert his great successes in foreign affairs into a convincing argument to reelect him. Republican die-hards never forgave Bush for having broken his 1988 promise to not raise taxes. Middle-class Americans, moreover, had grown increasingly upset over Bush's refusal to act on the economic recession that had settled on the nation.

Clinton's campaign was not helped by the emergence of billionaire Ross Perot's independent candidacy, which Perot personally financed. Perot's "United We Stand, America" citizens' group promised a White House dedicated to patriotism, candor, honesty, and a balanced budget. Dissatisfied voters of all stripes flocked to his call, creating one of the most powerful third-party movements in American history.

On November 3, Clinton received more than twice the number of Electoral College votes than Bush. Perot drew support from both parties, winning approximately 19 percent of the popular vote but no electoral votes. Clinton had delivered on his promise to do well in traditional Democratic strongholds, to win back large numbers of Reagan Democrats, and to attract middle-class Republicans.

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Clinton's stance on the Vietnam War

Bill Clinton's stance on the Vietnam War was that he was morally opposed to it. As a student at Georgetown University, Clinton was initially protected from the draft by his student deferment. However, in February 1968, the federal government eliminated draft deferments for most graduate students, meaning that Clinton would be eligible for the draft after he completed his final term at Georgetown in the spring of 1968.

Clinton's draft board reclassified him as "available immediately for military service" in March 1968. He was ordered to report for induction in July 1969 but failed to do so. Instead, Clinton sought other ways to avoid the draft, including joining the advanced ROTC program at the University of Arkansas. However, he later changed his mind and asked his draft board to drop his ROTC deferment and reclassify him as "available immediately for military service".

Clinton's birth date lottery number was 311, which was high enough to practically guarantee that he would not be drafted. In December 1969, Clinton wrote a letter to Colonel Eugene Holmes, who had helped him gain entry to the ROTC program, explaining his reasons for reneging on his agreement to join.

Clinton went to great lengths to avoid the Vietnam draft, using political connections to obtain special favors. However, none of his actions were illegal, and he was never charged with a crime.

Frequently asked questions

No, Clinton's actions with respect to the draft and deciding whether to serve in the military were criticized during his first presidential campaign by conservatives and some Vietnam veterans, some of whom charged that he had used Fulbright's influence to avoid military service. However, none of his actions were illegal.

Clinton received educational draft deferments while he was in England in 1968 and 1969. He also tried unsuccessfully to obtain positions in the National Guard and the Air Force officer candidate school. He then made arrangements to join the Reserve Officers' Training Corps (ROTC) program at the University of Arkansas. However, he subsequently decided not to join the ROTC, saying in a letter to the officer in charge of the program that he opposed the war, but did not think it was honorable to use ROTC, National Guard, or Reserve service to avoid serving in Vietnam.

No, Clinton did not serve in the military.

Yes, Clinton received a draft notice in 1968. However, because the notice was sent to England via surface mail, it was late in arriving, and the assigned reporting date had already passed.

Yes, Clinton received a pardon from President Carter on January 21, 1977. However, this pardon was not related to any specific violation of the Military Selective Service Act, as Clinton had not committed any such violation.

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