Asks To Rescind Decision on 111th Fighter Wing
After commenting on
Defense Base Closure Realignment Commission (BRAC) decisions
regarding Pennsylvania military installations, Governor Edward G.
Rendell has requested the BRAC Commission rescind its decision with
respect to the 111th Fighter Wing at Willow Grove, its aircraft,
and associated equipment after a Federal Court Judge ruled the
Department of Defense recommendation with regard to the 111th was
"null and void."
"Unless they get the [federal court] decision overturned, no one
is going anywhere," Governor Rendell said in a press conference at
the state capitol building. "If someone showed up tomorrow [at
Willow Grove] from the federal government and said give us the
planes, as the Commander in Chief of the 111th, my answer would be
'no' and we'd hand them Judge Padova's order."
In his Order, Judge Padova dismissed the Defense Department's
Motion to Dismiss and granted the Governor's Motion for Summary
Judgment. The judge ruled that the portion of the BRAC DoD Report
that recommends deactivation of the 111th Fighter Wing of the
Pennsylvania Air National Guard is null and void. Therefore, the
commission could not consider a recommendation that, as a matter of
law, was declared null and void by the Court.
"We are elated with the court's decision," said Governor
Rendell. "We believe it's right on the law. It is a very important
state's rights decision. But we also believe it is the right
decision for Pennsylvania, for Pennsylvania's security -- it's
domestic security.
"It's also the right
thing for the U.S. because those 1,023 airmen and airwomen
performed brilliantly in Afghanistan, Iraq, and other foreign
conflicts."
The Governor commented on the BRAC Commission's decision to
establish an enclave at the Pittsburgh Air Reserve Station (ARS)
and a Regional Joint Readiness Center (RJRC) with a mission of
providing civil-military operations, homeland security and
community-based medical support to the Department of Defense and
Department of Homeland Security.
"We are thrilled that the Pittsburgh Air Reserve Station kept
the jobs that are so important to their local economy, and we are
excited about the prospect of the new Readiness Center that will
serve the nation," said Governor Rendell. "The civilian and
community BRAC team, our congressional delegation and the countless
citizens fought vigorously to defend against closing the operations
in Pittsburgh, and this decision is a testament to their hard work
and the military and civilian operations at the Air Station."
Governor's letter to the Honorable Anthony J. Principi,
Chairman of the 2005 Defense Base Closure Realignment
Commission
August 26, 2005
The Honorable Anthony J. Principi, Chairman
2005 Defense Base Closure Realignment Commission
2521 S. Clark Street, Suite 600
Arlington, VA 22202
Dear Chairman Principi:
At approximately 1:30
p.m. today, the Honorable John R. Padova, United States District
Judge for the Eastern District of Pennsylvania, issued a 54 page
Opinion and Order in the case of Rendell, et al. v. Rumsfeld, Civil
Action No. 05-CV-3563.
In his Order, Judge Padova dismissed Defendant's Motion to
Dismiss the action and granted the Plaintiffs' Motion for Summary
Judgment. Judge Padova's Order further provides: Secretary
Rumsfeld, by designating the 111th Fighter Wing of the Pennsylvania
Air National Guard without first obtaining the approval of Governor
Rendell, has violated 32 U.S.C. s 104(c). The portion of the BRAC
DoD Report that recommends deactivation of the 111th Fighter Wing
of the Pennsylvania Air National Guard is null and void (emphasis
added).
Given Judge Padova's ruling, it was improper for the
Commission to vote on that portion of the DoD recommendations
dealing with the 111th. Clearly, the Commission could not consider
a recommendation that, as a matter of law, was declared null and
void by the Court. Accordingly, I respectfully request that the
Commission acknowledge its inability to consider the 111th
recommendation and rescind its decision today with respect to the
111th, its aircraft, and associated equipment.
Sincerely yours,
Edward G. Rendell, Governor
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