17 Congressmen sue Clinton in US Court over War Powers Act failure

[Wanita Sears (by way of Arie Dirkzwager <aried@xs4all.nl>)]

>Activist Mailing List - http://get.to/activist
>
>17 Congress-men sue in US Court for judgment against U$ Pres. over War
>Powers Act failure
>
>
>
>
> http://jurist.law.pitt.edu/ratner.htm
>
>============================================
>
>
>UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
>
>TOM CAMPBELL, Member,
>U.S. House of Representatives,
>2442 Rayburn House Office Bldg.
>Washington, DC 20515;
>
>DENNIS KUCINICH, Member
>U.S. House of Representatives,
>1730 Longworth House Office Bldg.,
>Washington, DC 20515;
>
>BOB BARR, Member,
>U.S. House of Representatives
>1207 Longworth House Office Bldg.,
>Washington, DC 20515;
>
>ROSCOE BARTLETT, Member,
>U.S. House of Representatives,
>2412 Rayburn House Office Bldg.,
>Washington, DC 20515;
>
>DAN BURTON, Member,
>U.S. House of Representatives,
>2185 Rayburn House Office Bldg.,
>Washington, DC 20515;
>
>JOHN COOKSEY, Member,
>U.S. House of Representatives,
>317 Cannon House Office Bldg.
>Washington, DC 20515;
>
>PHILIP CRANE, Member
>233 Cannon House Office Bldg.,
>Washington, DC 20515;
>
>WALTER JONES, Member,
>U.S. House of Representatives,
>Washington, DC 20515;
>
>MARCY KAPTUR, Member,
>U.S. House of Representatives,
>2366 Rayburn House Office Bldg.,
>Washington, DC 20515;
>
>DONALD MANZULLO, Member,
>U.S. House of Representatives,
>409 Cannon House Office Bldg.,
>Washington, DC 20515;
>
>CHARLIE NORWOOD, Member,
>U.S. House of Representatives,
>1707 Longworth House Office Bldg.,
>Washington, DC 20515;
>
>RON PAUL, Member,
>U.S. House of Representatives,
>203 Cannon House Office Bldg.
>Washington, DC 20515;
>
>TOM PETRI, Member,
>U.S. House of Representatives,
>2462 Rayburn House Office Bldg.
>Washington, DC 20515;
>
>MARSHALL SANFORD, Member,
>U.S. House of Representatives,
>1233 Longworth House Office Bldg.,
>Washington, DC 20515;
>
>JOE SCARBOROUGH, Member,
>U.S. House of Representatives,
>127 Cannon House Office Bldg.,
>Washington, DC 20515;
>
>BOB SCHAFFER, Member,
>U.S. House of Representatives,
>212 Cannon House Office Bldg.,
>Washington, DC 20515;
>
>THOMAS TANCREDO, Member,
>U.S. House of Representatives,
>1123 Longworth House Office Bldg.,
>Washington, DC 20515;
>
>Plaintiffs,
>
>- vs. -
>
>WILLIAM JEFFERSON CLINTON,
>President of the United States,
>1600 Pennsylvania Avenue NW,
>Washington, DC 20500,
>
>Defendant.
>
>COMPLAINT FOR DECLARATORY RELIEF
>
>PRELIMINARY STATEMENT
>
>1. In this action seventeen members of Congress seek declaratory
>relief declaring that the Defendant, the President of the United
>States, is unconstitutionally continuing an offensive military
>attack by United States Armed Forces against the Federal Republic

>of Yugoslavia without obtaining a declaration of war or other
>explicit authority from the Congress of the United States as
>required by Article I, Section 8, Clause 11 of the Constitution,
>and despite Congress' decision not to authorize such action.
>
>2. Plaintiffs also seek a declaration that a report pursuant to
>Section 1543(a)(1) of the War Powers Resolution was required to be
>submitted on March 26, 1999, within 48 hours of the introduction
>into hostilities in the Federal Republic of Yugoslavia of United
>States Armed Forces. Additionally, Plaintiffs seek a declaration
>that, pursuant to Section 1544(b) of the Resolution, the President
>must terminate the use of United States Armed Forces engaged in
>hostilities against the Federal Republic of Yugoslavia no later
>than sixty calendar days after March 26, 1999. The President must
>do so unless the Congress declares war or enacts other explicit
>authorization, or has extended the sixty day period, or the
>President determines that thirty additional days are necessary to
>safely withdraw United States Armed Forces from combat.
>
>JURISDICTION
>
>3. Jurisdiction lies under 28 U.S.C. '' 1331, 1361, 1651,
>2201-2202, and the Constitution of the United States, Article I,
>Section 8, Clause 11.
>
>PARTIES
>
>4. Plaintiffs are the seventeen Members of the U.S. House of
>Representatives whose names appear in the caption of this
>Complaint. Plaintiffs file this suit in their official capacities
>as Members of the U.S. House of Representatives.
>
>5. Defendant William Jefferson Clinton is President of the United
>States. Defendant is sued in his official capacity as President.
>
>CONSTITUTIONAL FRAMEWORK
>
>6. Under Article I, Section 8, Clause 11 of the Constitution,
>Congress has the sole power to declare war and issue letters of
>marque and reprisal.
>
>WAR POWERS RESOLUTION
>
>7. Pursuant to Section 1543(a)(1) of the War Powers Resolution, the
>President is required to submit a written report to the Speaker of
>the House of Representatives and to the President pro tempore of
>the Senate within 48 hours of the introduction into hostilities of
>United States Armed Forces. Within sixty days of the date that
>report is submitted or required to be submitted, the President,
>pursuant to Section 1544(b), shall terminate any use of United
>States Armed Forces unless Congress has declared war, has enacted a
>specific authorization for such use of force or otherwise extended
>the sixty day period, except that the President can extend the time
>period for thirty days, if necessary to safely withdraw United
>States Armed Forces from combat.
>
>FACTS
>
>8. On March 24, 1999, United States Armed Forces at the direction
>of the Defendant began massive air strikes in the Federal Republic
>of Yugoslavia.
>
>9. On March 26, 1999, the President submitted a report to the
>Speaker of the House of Representatives and the President pro
>tempore of the Senate stating that United States Armed Forces began
>a series of air strikes in the Federal Republic of Yugoslavia. In
>the report the President states that he is "providing this report
>as part of any efforts to keep Congress fully informed, consistent

>with the War Powers Resolution." The report states that to "limit
>his [Yugoslavian President Slobodan Milosevic's] ability to make
>war . . . . United States and NATO forces have targeted the Federal
>Republic of Yugoslavia government's integrated air defense systems,
>military and security police command and control elements, and
>military and security police facilities and infrastructure. United
>States naval ships and aircraft and U.S. Air Force aircraft are
>participating in these operations."
>
>10. Administration officials have stated that a substantial and
>sustained air campaign is ongoing against the Federal Republic of
>Yugoslavia.
>
>11. Between March 24, 1999, and April 28, 1999, United States and
>allied aircraft flew over 11,500 sorties over the Federal Republic
>of Yugoslavia, an average of approximately 350 sorties per day.
>During the same period, the United States and allied aircraft
>launched over 4,400 confirmed air strikes on Yugoslavia territory,
>an average of over 100 per day. United States Armed Forces also
>launched over 180 cruise missiles against Yugoslavia during this
>time period. The United States has tens of thousands of military
>personnel involved in the military operations against Yugoslavia.
>
>12. Administration officials state that it is likely that the
>current hostilities will be protracted. In testimony before
>Congress on April 21, 1999, Secretary of State Madeleine Albright,
>referring to the hostilities against Yugoslavia, stated that "As
>the President and our military leaders have made clear, this
>struggle may be long." On April 29, 1999, President Clinton stated
>that the air attacks are likely to continue for many months.
>
>13. To support an expansion of the U.S. air offensive over
>Yugoslavia, President Clinton authorized the Pentagon to summon as
>many as 33,102 reservists to active duty. Defendant's decision
>represented the largest activation of reservists since the 1991
>Persian Gulf War against Iraq. This call up was in part necessary
>to increase the number of United States aircraft involved in the
>Yugoslav operation to almost 1,000.
>
>14. United States officials have stated that the air attack against
>Yugoslavia will escalate in the coming weeks. U.S. General Wesley
>Clark, the NATO Commander, stated on April 27, 1999, that the air
>strikes thus far have "been only a fraction of what is to come."
>
>15. On April 28, 1999, the U.S. House of Representatives decided
>not to authorize the President of the United States to conduct
>military air operations and missile strikes against the Federal
>Republic of Yugoslavia. The House of Representatives defeated by a
>vote of 213 to 213 S. Con. Res. 21 which would have authorized such
>military operations.
>
>16. On April 28, 1999, the U.S. House of Representatives, by a vote
>of 427 to 2 determined not to declare war by defeating H. J. Res.
>44 which would have declared war against Yugoslavia.
>
>17. The Plaintiffs are Democratic and Republican members of
>Congress who voted against S. Con. Res. 21 or H. J. Res. 44 of the
>106th Congress.

>
>IRREPARABLE INJURY
>
>18. Plaintiffs have no adequate or complete remedy at law to
>redress the violations set forth herein. The President's initiation
>of an offensive military attack by the United States Armed Forces
>against the Federal Republic of Yugoslavia without obtaining a
>declaration of war or other explicit authority of Congress,
>deprives plaintiffs of their constitutional right and duty under
>Article I, Section 8, Clause 11, to commit this country to war, or
>to prevent, by refusing their assent, the committing of this
>country to war. It also completely nullifies their vote against
>authorizing military air operation and missile strikes against
>Yugoslavia.
>
>FIRST CAUSE OF ACTION
>
>19. The continuing offensive air attacks against Yugoslavia and
>other military actions against Yugoslavia constitute substantial,
>sustained, continuous, and prolonged armed hostilities against a
>foreign state that required the authorization of Congress pursuant
>to Article I, Section 8, Clause 11 of the U.S. Constitution.
>
>20. Defendant's initiation of and continuation of an offensive
>military attack by United States forces against the Federal
>Republic of Yugoslavia, without obtaining a declaration of war or
>other explicit authorization from the Congress of the United
>States, violates Article I, Section 8, Clause 11 of the
>Constitution and deprived and continues to deprive the Plaintiffs
>of their constitutional right, opportunity, and duty to prevent, by
>refusing their assent, the entry of the United States into a war
>against the Federal Republic of Yugoslavia.
>
>21. Defendant's continuation of an offensive military attack by
>United States forces against the Federal Republic of Yugoslavia,
>despite the vote of the House of Representatives on S. Con. Res. 21
>explicitly refusing to authorize such action, violates Article I,
>Section 8, Clause 11 of the Constitution. Defendant's action
>injures Plaintiffs in that it completely nullifies and overrides
>the Plaintiff legislators' votes which were sufficient to defeat
>the legislative act of authorization which the Constitution
>requires for the Defendant to lawfully undertake the above
>described military action.
>
>SECOND CAUSE OF ACTION
>
>22. On March 24, 1999, United States Armed Forces were introduced
>into hostilities against the Federal Republic of Yugoslavia.
>
>23. On or before March 26, 1999, the President was required to
>submit a report pursuant to Section 1543(a)(1) of the War Powers
>Resolution to Congress regarding the hostilities in Yugoslavia.
>
>24. On May 25, 1999, the President is required, pursuant to Section
>1544(b) of the War Powers Resolution, to terminate such hostilities
>unless Congress declares war or enacts other explicit authorization
>for such use of United States Armed Forces, or has extended the
>sixty day period by law, or the President determines that
>unavoidable military necessity respecting the safety of United
>States Armed Forces requires their continued use of up to an
>additional thirty days in the course of bringing about a prompt
>removal of such forces.

>
>25. The Defendant has indicated that he intends to continue such
>hostilities against Yugoslavia for the indefinite future despite
>the failure of Congress to explicitly authorize such military
>action. The continuation of such military action violates the War
>Powers Resolution.
>
>WHEREFORE, Plaintiffs pray that this Court enter an Order as
>follows:
>
>(a) declaring that Defendant William Jefferson Clinton is
>unconstitutionally conducting an offensive military attack against
>the Federal Republic of Yugoslavia without obtaining a declaration
>of war or other explicit authorization from Congress and despite
>Congress' decision not to authorize such action;
>
>(b) declaring that as of March 26, 1999, President Clinton was
>required to submit a report pursuant to Section 1543(a)(1) of the
>War Powers Resolution reporting on the introduction of United
>States Armed Forces into hostilities in the Federal Republic of
>Yugoslavia; further declaring that no later than May 25, 1999, the
>President must terminate the involvement of United States Armed
>Forces in such hostilities unless the Congress declares war, or
>enacts other explicit authorization, or has extended the sixty day
>period; or if the President has determined that thirty additional
>days are necessary to safely withdraw United States Armed Forces
>from combat -- declaring that no later than June 24, 1999, the
>President must terminate the involvement of U.S. Armed Forces in
>such hostilities;
>
>(c) awarding Plaintiffs their costs and reasonable attorneys' fees
>pursuant to 28 U.S.C. ' 2412(d); and
>
>(d) granting such other and further relief as may be just and
>proper.
>
>Respectfully submitted,
>
>______________________________
>
>JULES LOBEL
>MICHAEL RATNER
>
>Center for Constitutional Rights
>666 Broadway -- 7th Floor
>New York, NY 10012
>(212) 614-6464
>
>______________________________
>
>JAMES R. KLIMASKI
>Bar No. 243543
>KLIMASKI & MILLER, P.C.
>1899 L Street NW
>Suite 1250
>Washington, DC 20036
>(202) 296-5600
>
>H. LEE HALTERMAN
>405 14th Street
>Suite 1208
>Oakland, CA 94612
>(510) 663-0936
>
>JOEL STARR
>Bar No. 405645
>2442 Rayburn House Office Building
>Washington, DC 20515
>(202) 225-2631
>
>Attorneys for the Plaintiffs
>
>
>
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