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Morale and Outrage. No one made that point better than Calley's prosecutor, Captain Aubrey Daniel III, who wrote President Nixon an indignantly eloquent letter that belongs among the classic defenses of the precept that the U.S. must be a Government of laws, not of men (see box). Calley's lawyer, George Latimer, naturally found Daniel's views "entirely wrong," and added: "I believe the President was exactly right in what he did." The President dealt only indirectly with the Calley case in his TV address. He said he felt he should "speak...

Author: /time Magazine | Title: The Nation: The Calley Affair (Contd.) | 4/19/1971 | See Source »

...Captain Aubrey Daniel III, the 29-year-old Army captain who chastised the Commander in Chief, did not gloat over his courtroom "victory," a term he abhors. At a party shortly after the verdict, when the intense, tight-lipped attorney finally relaxed with a bottle of Scotch, his guitar and a group of friends, he sadly conceded: "When human lives are involved, there is never a winner...

Author: /time Magazine | Title: The Nation: Portrait of a Prosecutor | 4/19/1971 | See Source »

Cynics have noted that Daniel is getting out of the Army in about two weeks. The Nixon letter could be a gilded passport to prestigious law firms. But sensation seeking does not seem to have been Daniel's motive. As one colleague put it, "Aubrey means it when he says he isn't looking for publicity. He was just extremely disillusioned." The letter is a reflection of the Daniel style: cool, analytical, forthright...

Author: /time Magazine | Title: The Nation: Portrait of a Prosecutor | 4/19/1971 | See Source »

...make a final statement before sentencing. Choking back tears, occasionally gasping for breath, Calley spoke first strongly, then in a breaking voice. "Yesterday you stripped me of all my honor. Please, by your actions that you take here today, don't strip future soldiers of their honor." Captain Aubrey M. Daniel III, 29, Calley's brilliant, tenacious prosecutor, followed. "You did not strip him of his honor," Daniel told the jury. "What he did stripped him of his honor. It never can be honor to kill unarmed men, women and children. We know that you will arrive at an appropriate...

Author: /time Magazine | Title: The Nation: The Clamor Over Calley: Who Shares the Guilt? | 4/12/1971 | See Source »

Despite such stresses, Calley has demonstrated throughout a remarkable restraint, a stiff refusal to lapse into bitterness. He refuses to hate the Army or the country, or even the man trying to take away his life and freedom. At midtrial, Calley said of the Army prosecutor, Captain Aubrey M. Daniel: "He's just doing his job." When Daniel ended the trial with a devastating, impassioned plea for conviction, Calley remarked afterward and with obvious sincerity: "I think he did a great...

Author: /time Magazine | Title: The Nation: Rusty Calley: Unlikely Villain | 4/12/1971 | See Source »

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