-Caveat Lector-

Judge Dismisses War Powers Lawsuit
Tuesday, June 8, 1999; 11:51 a.m. EDT

WASHINGTON (AP) -- A federal judge today dismissed a lawsuit filed by a
group of House members who wanted the bombing of Yugoslavia by U.S. forces
to be declared illegal.

The lawsuit was filed by 26 lawmakers, led by Rep. Tom Campbell, R-Calif.,
who alleged that President Clinton violated the War Powers Act of 1973 by
authorizing military air strikes against Yugoslavia.

The Vietnam War-era legislation, which has been ignored widely by presidents
of both parties, requires a president to get congressional approval for the
``introduction into hostilities'' of U.S. forces for more than 60 days. The
NATO air campaign began March 24.

The members of Congress based their lawsuit on a 213-213 vote April 28 that
fell short of authorizing U.S. participation in the NATO bombing of
Yugoslavia. Clinton ignored the vote by continuing with the bombing, the
plaintiffs claimed.

U.S. District Judge Paul Friedman, in his ruling granting a White House
motion to dismiss the case, said ``congressional reaction to the airstrikes
has sent distinctly mixed messages.''

The judge noted that on May 20, Congress

passed an emergency spending bill to help pay for U.S. military involvement
in the Yugoslav conflict.

``Had the four votes been consistent and against the president's position,
and had he nevertheless persisted with air strikes in the face of such
votes, there may well have been a constitutional impasse. But Congress has
not sent such a clear, consistent message,'' Friedman said in his ruling.

He goes on to note that some of the ``213 representatives who voted against
authorizing the president's actions and against a declaration of war also
voted in favor of supporting the troops and appropriating money to fund the
conflict in Yugoslavia and against directing the president to remove the
Armed Forces from their positions.''

Friedman said that ``absent a clear impasse between the executive and
legislative branches, resort to the judicial branch is inappropriate.''

A Campbell spokesman said that lawmakers plan to appeal the ruling but
declined to comment further until officials could review the lawsuit. A
spokesman for the National Security Council was not immediately available
for comment.

http://search.washingtonpost.com/wp-srv/WAPO/19990608/V000354-060899-idx.htm
l

Bard

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