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April 6, 2019 by Laurel Krause

On the May 4, 1970 Kent State massacre, written by my father Arthur S. Krause to Richard M. Nixon and published in the New York Times on May 7, 1978 šŸŒŗ

A Memo to Mr. Nixon:

In the published extracts from your memoirs, you blame the news media for misinterpreting your categorization of student demonstrators as “bums.” Your remark was made just a few days before my daughter, Allison, was killed at Kent State University, on May 4, 1970, and you say you were “stunned” to learn of her death, and that of the other students shot by Ohio National Guardsmen.

You claim that the days after the killings “were among the darkest” of your Presidency, and that you were “utterly dejected” when you read that I had said, “My daughter was not a bum.”

By reducing what I actually said to this simplistic capsule sentence, you are once again avoiding the crucial question I had asked eight years ago: “Have we come to such a state in this country that a young girl has to be shot because she disagrees deeply with the actions of her Government?”

Your sympathy was such that you had to write personal letters to the parents of the four dead students, even though you “knew that words could not help.” If this is true, then why did you make such a mockery of your private grief for our sons and daughters by publicly implying that they were responsible for their own deaths and their killers blameless?

“When dissent turns to violence,” you told the American people, “it invites tragedy,” but in your letter to my wife and me you expressed the hope that we could “take comfort from the sympathy the entire nation feels.” Words from fellow citizens, who really understood what had happened at Kent State, did help us, but from our President we expected much more than personal condolences and public political condemnation.

Presidential action would have immeasurably tempered our grief and anger at the deliberate shooting down of our children, and on May 16, 1970, John D. Ehrlichman personally assured me that there would be no “whitewash” of what had happened.

In other words, the Nixon Administration was committed to seeing that justice was done if Ohio exonerated all official and guardsmen from criminal responsibility, which a state grand jury did in October 1970.

The cruel duplicity in these claims to personal grief and desires for justice have just been exposed for what they truly are by NBC-TV news.

At a time (November 1970) when you well knew that I was almost begging for a Federal grand jury investigation of the killings, you instructed Attorney general John Mitchell not to convene a grand jury. How, I ask, does this square with your claims of personal sympathy?

You saw the photographs of the four young men and women shot to death at distances of 270 to almost 400 feet, and in your memoirs you say you “couldn’t get the photographs out of your mind.”

Watergate and the cover-up was your nemesis, but NBC-TV has not shown that your first obstruction of justice occurred six months after Kent State, when you “instructed” the Attorney General of the United States not to convene a Federal grand jury regardless of what the evidence might have warranted.

To learn of your personal veto of a Federal grand jury months before Justice Department officials were assuring me that killings were still under “intensive investigation” is to prove, in my opinion, all the charges leveled against in the Watergate scandal.

There is poetic justice in the fact that your self-serving account of deep sorry for the death of my daughter, Allison, and of Sand Scheuer, Jeff Miller and Bill Schroeder, should be published on the eve of NBC’s report on how you truly felt.

Is there to be no end to your deceptions, omissions and outright distortions of historical fact?

Kent State Truth Tribunal The Allison Center for Peace Peaceful Party

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Dean Kahler Speaking to News MediaPlease READ the attached Settlement Statement by the Kent State University Students Wounded and by the Parents of the Students Killed on May 4, 1970 in Cleveland, Ohio offered andĀ signed on January 4, 1979. StatementOfKentStateFamilies


Contents of Kent State MassacreĀ CivilĀ Settlement Statement:

A STATEMENT BY

THE STUDENTS WOUNDED AND BY THE PARENTS OF THE

STUDENTS KILLED AT KENT STATE UNIVERSITY ON

MAY 4, 1970

in

Cleveland, Ohio

January 4, 1979

A settlement of the Kent State civil suit has been reached out of court in an agreement mediated by Federal Judge William Thomas, and for this we are grateful.

The settlement provides for the payment of $675,000 in damages by the State of Ohio and for a signed statement of regret and intentions by Governor James A. Rhodes, Generals Del Corso and Canterbury, and officers and men of the Ohio National Guard.

We, as families of the victims of the shootings by the Ohio National Guard at Kent State University, May 4, 1970, wish to interpret what we believe to be the significance of this settlement.

We accepted the settlement out of court, but negotiated by the court, because we determined that it accomplished the greatest extent possible under present law, the objectives toward which we as families have struggled during the past eight years. These objectives have been as follows:

  1. Insofar as possible, to hold the State of Ohio accountable for the actions of the officials and agents in the event of May 4, 1970 at Kent State University,
  2. To demonstrate that the excessive use of force by the agents of government would be met by a formidable citizen challenge,
  3. To exhaustively utilize the judicial system in the United States and demonstrate to an understandably skeptical generation that the system can work,
  4. To assert that the human rights of American citizens, particularly those citizens in dissent of government policies, must be effected and protected,
  5. To obtain sufficient financial support for Mr. Dean Kahler, one of the victims of the shooting, that he may have a modicum of security as he spends the rese of his life in a wheelchair.

The State of Ohio although protected by the doctrine of sovereign immunity and consequently not legally responsible in a technical sense, has now recognized its responsibility by paying a substantial amount of money in damages for the injuries and deaths caused by the shooting.

State officials, national guard command officers, and guardsmen have signed a statement submitted to the families of the victims of the shooting which not only expresses request and sorrow — eight years belatedly — but also recognizes that another method than the use of loaded combat rifles could have resolved the confrontation at Kent State University. The statement also asserts that better ways must be found for future confrontations which may take place.

The Scranton Commission which investigated campus disorders in the Summer of 1970 said that the Kent State Shooting was, ā€œunnecessary, unwarranted, and inexcusable.ā€ The signed statement of the officials and the guardsmen at least now agrees that the shooting and killing was unnecessary, and now at least, the State of Ohio has assumed responsibility for the act.

We recognize that many others related to the May 4th event have also suffered during the past eight years ā€“ including Kent State University students, faculty and administrators, as well as Ohio National Guardsmen and their families. Indeed, we believe that some of the guardsmen on Blanket Hill on that fateful day also became victims of an Ohio National Guard policy which sent them into a potential citizen confrontation with loaded combat rifles. We did not want those individual guardsmen to be personally liable for the actions of others and the policy of a governmental agency under whose orders they served.

Yet the doctrine of sovereign immunity which protects the State of Ohio from being sued without its permission, made it necessary for us to take individuals to court. Only then did the State respond — furnishing more than two million dollars for the legal costs of the defense of officials and guardsmen and finally being willing to pay costs and damages of the victims of the shooting.

We want to thank those that sustained us in our long struggle for an expression of justice. More than 40,000 individuals made contributions of money for our legal costs, students and faculty members on many campuses, but particularly at Kent State University have furnished us effective support. The American Civil Liberties and its volunteer attorneys — as well as many other lawyers — have skillfully and devotedly served us throughout these years. The Board of Church and Society of the United Methodist Church has faithfully supported and coordinated our struggle from the beginning. We are grateful to all of them.

Because of the experience that we have had during the past eight and one-half years, there are other words, which we are compelled to speak. We have become convinced that the issue of the excessive use of force — or the use of deadly force — by law enforcement agencies or by those acting with the authority of law enforcement agencies, is a critical national issue to which the attention of the American people must be drawn.

President Carter, on December 6, 1978, in his speech on the Thirtieth Anniversary of the Universal Declaration of Human Rights, said, ā€œOf all human rights, the most basic is to be free of arbitrary violence . . .ā€ He then noted that citizens should have the right to be free of violence which comes from governments.

We deplore violence in every form for any cause and from every source. Yet we believe the average American is little aware of the official violence which has been used across our land indiscriminately and unjustifiably. Twenty-eight students have been killed on campuses in the past ten years. A long but unnumbered list of residents in minority communities have been killed by police unnecessarily.

We find it significant that just a few weeks ago the United States Commission on Civil Rights held a consultation in Washington, D.C. on, ā€œPolice Practices and the Preservation of Civil Rightsā€ in preparation for the conducting of hearings on the use of deadly force in selected cities. That is the issue with which we have had to be concerned. I tis an issue with which a growing number of citizens are becoming concerned.

Through our long legal and political struggle we have become convinced that the present federal law which protects citizens from the deprivation of their civil rights by law enforcement agencies or those acting with their authority, is weak and inadequate. It is a provision which is little used — but when it is used, it has little use. A citizen may be killed by those acting under the color of Law almost with impunity. The families of the victim of those shootings or killings have little recourse and then only through an expensive and lengthy process.

We believe that citizens and law enforcement must, in the words of the signed statement of the settlement, find better ways. We appeal for those better ways to be used not only on campuses but in cities and communities across the land. We plead for a federal law which will compel the consideration and use of those better ways.

We are simply average citizens who have attempted to be loyal to our country and constructive and responsible in our actions, but we have not had an average experience. We have learned through a tragic event that loyalty to our nation and itā€™s principles sometimes requires resistence to our government and its policies — a lesson many young people, including the children of some of us, had learned earlier. That has been our struggle — for others this struggle goes on. We will try to support them.

For Allison, Sandra, Jeffrey and William
For Peace and Justice
Shalom

Mr. and Mrs. Arthur Krause
Mr. and Mrs. Louis Schroeder
Mr. and Mrs. Martin Scheuer
Mr. and Mrs. Arthur Holstein
Mr. Dean Kahler
Mr. Joseph Lewis
Mr. Alan Canfora
Mr. John R. Cleary
Mr. Donald Scott MacKenzie
Mr. Douglas Wrentmore
Mr. Thomas M. Grace
Mr. James Russell
Mr. Robert Stamps

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9/4/14 by Rick Kern, National Veterans Review, Summer 2014

LaurelAllisonUNGlobe

Kent State at the United Nations; National Veterans Review, Summer 2014

An in-depth read on current developments as the May 4, 1970 Massacre at Kent State went before the United Nations Human Rights Committee in Geneva, March 2014. Article locatedĀ at pagesĀ 26-28.

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May 4, 2014 byĀ Julie Segraves,Ā Examiner.com

Forty-four years ago today, on the college campus of Kent State in Ohio, four students were killed with rifle fire from the Ohio National Guard while protesting America’s expansion of the Vietnam War into Cambodia. Ten days after Kent State, two students, James Earl Green and Phillip Lafayette Gibbs, were killed on the campus of Jackson State University by the Mississippi State Police, also for protesting the Vietnam War.

Four years after the tragic event in Ohio, eight of the Guardsmen were indicted by a grand jury for willfully violating the rights of the dead and wounded students, but the charges were dismissed because the judge said the government failed to prove its case. In 1979, each family received $15,000 and a Statement of Regret from the United States government for what happened that day, but no one was held accountable for the deaths of four students on their college campus and no apology was ever offered.

Though the United States government held hearings on the matter and determined that the Guardsmen opened fire after being spooked by what they believed was sniper fire, a copy of a tape recorded at the scene andĀ digitizedĀ several years ago revealed that the Guard was ordered to shoot. The FBI destroyed the original recording and the Justice Department refused to reopen the case upon being informed of the new evidence.

To date, no one has been held responsible for the killing of Allison Krause, Jeffrey Miller, Sandra Scheuer and William Knox Schroeder, but this year that may change.

The family of Allison Krause and Emily Kunstler, daughter of William Kunstler who defended the Chicago Seven, established the Kent State Truth Tribunal in 2010 in light of the new evidence in the form of the digitized audio tape.

On March 14, 2014, Krause’s sister Laurel,Ā appearedĀ before the United Nations Human Rights Committee in its 4th Periodic Review in Geneva, Switzerland. The United States was represented by Roy L. Austin, Jr, the Deputy Assistant Attorney General for the Civil Rights.

Krause requested an “independent, impartial investigation into the May 4 Kent State massacre (Article 2 (Right to remedy); Article 6 (Right to life); Article 19 (Right to freedom of expression); Article 21 (Right to peaceful assembly)).”

The Tribunal’sĀ submissionĀ in 2013, that led to their invitation to the 4th Periodic Review, made clear that it believes that “Failure to ensure justice and accountability for the Kent State massacre has set aĀ precedent that the U.S. can continue to harass, abuse, and even kill protestors.”

It cites as justification for this statement that “suppression of peaceful assembly continues today. Since the Occupy movement began in 2011, protestors have been labeled as domestic terrorists by the F.B.I. and have been arrested in massive numbers for peaceful protests and assemblies.”

In an email, Krause related that at the UNHRC hearing, Roy L. Austin, Jr, referred to the deaths of the students as “murder.” Krause says she will be following up with Austin and copying the UN on all correspondence.

She is also planning to request a UN special rapporteur in extrajudicial killings.

The United States government is required, in the next year, to answer to the charges made by the Kent State Truth Tribunal. Perhaps by the next anniversary of this sorry date in American history, the families will have received justice.

For the four Kent State students, however, they found the cost of freedom, and the price was their lives.

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Kent_State_massacreOn May 4, 1970, members of the Ohio National Guard fired between 61 and 67 shots into a crowd of unarmed anti-war protestors at Kent State University in Ohio, killing four students and wounding nine others. My 19-year-old sister, Allison Krause, was one of four students shot to death by the Ohio National Guard in the parking lot of her university campus as she protested the Vietnam War. I was 15 years old at the time.

It has been 44 years, and the U.S. government still refuses to admit that it participated in the killing of four young students at Kent State. There has not been a credible, independent, impartial investigation into Kent State. No group or individual has been held accountable. In 2010, after undeniable forensic evidence emerged pointing to direct U.S. government involvement in the killings, Emily Kunstler and I founded theĀ Kent State Truth TribunalĀ (KSTT). Our hope was to finally receive a full account of the tragic events and to see that the victims and their families receive redress. In 2012, the U.S. Department of Justice refused to reopen the case, claiming there were ā€œinsurmountable legal and evidentiary barriers.”

But justice for Allison doesnā€™t have to end there. To that end, we are traveling to Geneva, Switzerland, next week to demand accountability for the Kent State massacre before the United Nations Human Rights Committee, which will be reviewing U.S. compliance with theĀ International Covenant on Civil and Political RightsĀ (ICCPR), one of the few human rights treaties ratified by the United States.

The right to assemble and protest is a cherished American value and is a universal human right. But the United States ā€“ and so many other proclaimed democracies around the world ā€“ repeatedly and shamelessly commitsĀ gross violations of this human right. We wereĀ recently remindedĀ of extensive U.S. government surveillance of anti-war activists in the 1960s, but sadly, such dangerous activity isnā€™t a thing of the distant past. As recently as 2011, with the start of the ā€œOccupyā€ movement, protestors were labeled ā€œdomestic terrorists,ā€Ā surveilled by the FBI, and arrested in massive numbers for nonviolent demonstrations and assemblies.

The Kent State precedent has cast a shadow over our democracy for over 40 years. If Kent State remains a glaring example of government impunity, it sends a message that protestors can be killed by the state for expressing their political beliefs. This lack of accountability and hostility towards peaceful expression flies in the face not only of our Constitution, but also our international human rights commitments.

Though we are a small organization, KSTT is committed to seeking justice for the victims of the Kent State massacre. Next week, representatives fromĀ KSTT will be briefing the U.N. Human Rights CommitteeĀ about the United Statesā€™ failure to provide full accountability for the Kent State massacre. We hope the Committee will ask our government to provide answers regarding its complicity in the killing of peaceful protesters, or at the very least acknowledge its failure to conduct a thorough and credible investigation. We intend to make it clear that we have not forgotten the horrific event that took place at Kent State. Allison stood for peace and died for peace. May no other protestor in the U.S. ever have to pay the price she paid for her peaceful political expression and dissent.

Laurel Krause is a writer dedicated to raising awareness about ocean protection, safe renewable energy and truth at Kent State. She is the cofounder and director of theĀ Kent State Truth Tribunal.Ā 

Ā 

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AllisonStoodForPeace.-1

On February 9, 2013, the Kent State Truth Tribunal and Allison’s family began working with the United Nations in Geneva. Kent State questions and issues were submitted, and were accepted by the United Nations. Inquiries into theĀ United Statesā€™ Report on their compliance with the International Covenant on Civil and Political Rights as the United States participates in its 4th Periodic Review before the Human Rights Committee at the UN.

READ the original Kent State Truth Tribunal ‘submission’ to the UN, Human Rights Committee 130209_ICCPRKentStateFinalA

READ the Kent State Truth Tribunal ‘shadow report’Ā to the UN, Human Rights Committee submitted October 2013 KSTTShadowReportFINAL

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May 30, 2013

LaurelLeaKentState

Editors Note: On October 10, 2013, theĀ US Delegation to the United Nations Human Rights Committee requested a postponementĀ due to the partial US Government shutdown. The US postponement request was for the United States 4th Periodic Review and the UN Human Rights Committee Secretariat agreed to the request, setting a new date for the US 4th Periodic Review, March 2014. News response to the US postponement ~Ā http://bit.ly/H4M6qD

In early 2013 the Kent State Truth Tribunal (KSTT) submitted human rights questions to the United Nations for the United States to address. This year the United States continues in the process of beingĀ  reviewed by the United Nations, Human Rights Committee, readying for its formal review in October 2013. On Thursday May 30, 2013, this first consult statement from KSTT was voiced to the United States.

“Good afternoon: I am Laurel Krause for the Kent State Truth Tribunal and my sister Allison Krause was shot dead by U.S. military bullets at Kent State University on May 4, 1970 as she protested the announcement of the Cambodian Invasion in the Vietnam War long ago in America.

With regard to Allisonā€™s death, and the three other American students killed on May 4, 1970, there has never been a credible, impartial, independent investigation into the May 4th Kent State Massacre. In 1979 at the end of our courtroom quest for Allisonā€™s justice we received $15,000 and a statement of regret from the United States government.

40 years later in 2010, new audio evidence was discovered in a tape recording, analyzed by internationally-respected forensic evidence expert Stuart Allen. It is now three years later and the U.S. federal government continues to refuse to acknowledge or examine the new evidence yet over these past three years we have demanded that the Kent State Strubbe tape be examined ā€¦ to no avail.

While Kent State human rights issues are not explicitly mentioned in the list of issues, they are covered by a number of general questions raised by the Committee, especially under Right to Life, Obligation to Conduct Independent, Thorough and Credible Investigations into Excessive Use of Force and Firearms by Police/Military, and Right to Effective Remedy.

The Human Rights Committee is likely to bring up the human rights related to Kent State as an example of the United Statesā€™ failure to meet ICCPR obligations during the U.S. review in October. If any U.S. government personnel or group wishes to learn more about the Kent State Massacre and the new evidence, including and since in 2010, I am happy to provide that to you. I will also be submitting a shadow report to the Committee. Thank you.”

On February 9, 2013, the Kent State Truth Tribunal and Allisonā€™s family submitted a list of issues to be considered by the United Nations, including Kent State questions to be asked at the United Statesā€™ Report on their Compliance with the International Covenant on Civil and Political Rights before the 107th Session of the United Nations Human Rights Committee in Geneva, March 11-28, 2013. 130209_ICCPRKentStateFinalA

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