Judge Sides With Pa. in Base Closings Suit

[Desertdog]

So the judge says they can't dissolve this unit without the governers approval. He may be right, I don't know. I'll bet the DOD can cut the funding to that base, and ask for the aircraft to be returned to a base designated by the DOD. That would not dissolve the unit but the governer would have to foot the total bill.


Judge Sides With Pa. in Base Closings Suit
BY JOANN LOVIGLIO
ASSOCIATED PRESS

PHILADELPHIA (AP) - In a blow to the Pentagon's plan to shake up National Guard units, a judge ruled Friday that the Defense Department does not have the authority to dissolve a Pennsylvania Air National Guard division without the governor's approval.
Me thinks judges are doing thing that they should not be allowed to do.

U.S. District Judge John R. Padova said Defense Secretary Donald Rumsfeld should have gotten consent from Gov. Ed Rendell before moving to deactivate the 111th Fighter Wing of the Pennsylvania Air National Guard. The judge said the Pentagon's recommendation to close the unit is "null and void."

Several other states have filed, or are considering, similar lawsuits.

The ruling came as a base closing commission wrapped up its work in deciding the fate of military bases around the nation. The commission was expected to vote Friday on the recommendation to close the Willow Grove station in Pennsylvania. Willow Grove is home to the fighter wing and Air Force and Navy reserve units, along with other military units.

The lawsuit didn't challenge the Pentagon's authority to close Willow Grove, only whether the federal government could deactivate the 111th Fighter Wing based there.

The Pentagon had recommended that the guard unit, with more than 1,000 jobs, be deactivated and that its aircraft either be retired or relocated to other Air National Guard bases.

The judge wrote that the loss of the guard unit would deprive the state of nearly 25 percent of its total Air Guard strength along with eliminating a unit vital to homeland security in the state.

Justice Department lawyers had argued that the Base Realignment and Closure Act supersedes the federal law requiring gubernatorial consent.

A spokesman for Rendell said he was still reading the opinion and didn't have an immediate comment.

Rendell sent a letter to the Pentagon on May 26 advising Rumsfeld that he did not consent to the deactivation or relocation of the fighter wing.

The governor commands the unit's activities 90 percent of the time, as it responds to floods, errant planes and other emergencies, Rendell said. Federal officials command the Guard only when it is activated for missions such as the war in Iraq.

http://www.lasvegassun.com/sunbin/stories/nat-gen/2005/aug/26/082601979.html

 

[Aguila Blanca]

Me thinks judges are doing thing that they should not be allowed to do.

How do you figure?

The judge ruled, essentially, that the law means what the law says, and that Donald "Big Donnie" Rumsfeld can't ignore the law. Isn't that what judges are supposed to do ... rule on the law?

There are a number of other states (my own state included) considering identical lwsuits based on an identical reading of the law. If it were just one rogue judge, I don't think that would be the case.

 

[Remington788]

These planes are owned and paid for by the FEDERAL government, not the states. Therefore I think Uncle Sam can do what he wants with them.

Think about it. It would be like me telling the bank that owns my truck that they should make the payments and pay for the gas but I still get to drive it when I want and you can't take it back unless I say you can.








But, then again, this is the government so normal rules do not apply.

 

[WT]

Governor Rendell is the commander-in-chief of the Pennsylvania National Guard, including the 111th Fighter Wing. As commander-in-chief, the Governor has the power to accept allotments of military personnel and equipment from the Department of Defense for the Pennsylvania National Guard.

Those Warthogs belong to the governor.

The Secretary of Defense recommended deactivation of the 111th Fighter Wing (PAANG) without the Governor’s consent in violation of 10 U.S.C. § 18238 and 32 U.S.C. § 104(c).

Rummy broke the law.

 

[Hacker15E]

Those Warthogs belong to the governor.

Can't wait to see how long they're able to keep flying without federal funding.

 

[WT]

After World War I the Regular Army and the Secretary of War just about destroyed the National Guard. Congress passed some checks to insure the RA's wouldn't do it again.

The DOD budget is controlled by Congress. I have no doubt that Congress will put in money to maintain the National Guard.

Reading the recent federal districut judge ruling one can see that the governor of Pennsylvania was strongly supported by the representatives and senators of Pennsylvania.

Although we have many more generals than congressmen, Congress still controls the purse strings.

 

[Aguila Blanca]

If the Pentagon pushes too hard on this, I can foresee the Congress just splitting off NG funding from the national defense budget and handing it directly to the states.

Maybe that's not a bad idea.