More on Lawsuit Against Bush

Lawsuit Challenges Bush’s Authority To Wage War
Barbara Ferguson



WASHINGTON, 19 February 2003 — Six members of Congress have joined a coalition of US soldiers to file a lawsuit challenging President Bush’s authority to wage war against Iraq.

John Bonifaz, the lead attorney representing the plaintiffs, told Arab News yesterday that the lawsuit was filed last week in a federal court in Boston for MFSP, “Military Families Speak Out,” along with a motion for a preliminary injunction to prevent President Bush and Secretary of Defense Donald Rumsfeld from waging war against Iraq.

“Article One, section 8, of the US Constitution states quite clearly that Congress, and only Congress, has the right to declare war,” said Bonifaz. “And Congress has not declared war on Iraq.”

The president’s rush to war demands a judicial intervention, he said, adding the US government is required to submit their filing opposition papers by noon today. “MFSO will file a reply brief five hours later on Wednesday, and will present its arguments before the court on Thursday for an expedited hearing on these issues.”

The US Constitution ensures that presidents of the United States cannot hold the power of European monarchs of the past, when it comes to matters of war and peace, he said. “They made quite clear that power was to be held by the elected body of the US Congress. The president is not a king, and does not have the power to declare war against another country, absent of a congressional declaration of war.”

MFSP contends that any war against Iraq, without a congressional declaration of war, would be illegal. “So, this is a matter of gravest concern from a constitutional perspective,” said Bonifaz. “And it is the responsibility of the courts to see that the constitution is upheld.”

“We expect to win, because the law and the constitution is quite clear, and this is the most unprecedented, premeditated invasion to take place in another country,” said Bonifaz.

When reminded that 200,000 US troops are already in the Gulf, he said: “The law is the law. The president must be account-able to the law. If the judge decides to grant this injunction, and the president decides to go ahead anyway, then he will clearly be engaged in an impeachable offense.

“He has a lot of troops over there, and seems determined to send this country to war, regardless of the legal or moral consequences, but we expect that cooler heads in the administration would make him realize that he must respect a federal court order.

“If we were to prevail in federal court, then if the president ignored the ruling, he would be creating a constitutional crisis of immense proportions.”

For more information, log onto: www.mfso.org.