Base closure list heads to Bush amid legal rulings

The Base Closure and Realignment Commission was set to send its report to the White House Thursday afternoon, with one caveat: its recommendations to strip aircraft from the Connecticut Air National Guard are on hold.

Both the Pentagon and the independent panel recommended taking airframes away from the Guard units, but a federal judge Wednesday issued a temporary injunction in response to a lawsuit filed by Connecticut GOP Gov. Jodi Rell.

The thick base-closure report will include a letter from Commission Chairman Anthony Principi to President Bush acknowledging that the court order for now prevents the implementation of that specific recommendation, a commission spokesman said.

Another federal judge Wednesday issued a temporary restraining order in a similar case brought by Tennessee, but the 6th U.S. Circuit Court of Appeals today reversed the decision.

"My guess is there is still litigation ahead of us," said Rep. Jim Cooper, D-Tenn. "We were afraid there would be a development like this."

Also Thursday, New Jersey lawmakers sought an emergency ruling from the Supreme Court in an attempt to reverse the commission's decision that the Ft. Monmouth Army base be closed. Because the high court is not in session, a request was filed with Justice David Souter, who could decide the matter himself or seek a vote by the rest of the court.

The Air National Guard issue emerged as the most contentious in this base-closure round, with governors arguing that the military cannot take aircraft from their state-run units. After much consideration of the issue and several hearings between the Air Force and National Guard officials over the last several months, the commission overturned 11 of the Pentagon's initial recommendations.

"I was actually pleased that they reverted back to what we were recommending," Maj. Gen. Roger Lempke, president of the Adjutants General Association of the United States and the chief National Guard officer of Nebraska, said in a phone interview.

Over the last several weeks, lawsuits have been filed by governors across the country, with varying degrees of success. While Connecticut and Pennsylvania have succeeded thus far in their efforts, a federal judge Thursday denied Massachusetts Republican Gov. Mitt Romney's request for a temporary restraining order preventing the closing of the Otis Air National Guard Base. Federal judges have thrown out bids by the Missouri and Illinois governors seeking temporary restraining orders to protect their Guard aircraft.

"There is a disparity among the different states over the rulings, but there are also some differences in the filings," Lempke said. Democratic Gov. Christine Gregoire of Washington joined the legal fray this week, filing a similar suit against the Pentagon.

The commission's report will go to the White House with little fanfare, the commission spokesman said. Sometime afterwards, the commission will post its long-awaited recommendations on its Web site. Its decisions are foregone conclusions, having been vetted in public session last month. But lobbyists and analysts said they are awaiting the detailed report to settle lingering questions surrounding some of the more complex decisions.

Bush must decide by Sept. 23 whether to accept the list in its entirety -- as he said he plans to do -- or send it back to the commission for further consideration. Bush has until Nov. 7 to forward the list to Congress, which must pass a joint resolution of disapproval or the list becomes law. Disapproval is unprecedented and not considered likely in this base-closure round.