Justice Dept. Argues for Pentagon Moves

[Judi Lynn]

Justice Dept. Argues for Pentagon Moves

Friday, August 12, 2005

(08-12) 11:28 PDT WASHINGTON, (AP) --

The Justice Department is siding with the Pentagon in a dispute with some states, concluding that governors' consent isn't needed for the military to move Air National Guard units.

The Pentagon's proposal to close or reduce about 30 Air Guard units has emerged as the most contentious issue facing the independent commission that will decide next month which parts of the Defense Department's base-closing plan to accept or change.

Giving governors what would amount to veto power over the Pentagon's plans, at least with respect to National Guard units, would undermine a process created by Congress to reduce the role of politics in deciding which bases to close, the department said in response to a lawsuit filed by the state of Pennsylvania.

Illinois has filed a similar lawsuit, arguing that the Pentagon doesn't have the authority to move units without the approval of the governors, who share control with the president over use of the units.
(snip/...)

http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2005/08/12/national/w112805D38.DTL

[Trillo]

1. Hardly surprising

"Justice Department" is not "Judicial Branch".

"Justice Department" is "Executive Branch."