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

FMI: www.state.pa.us, www.pawill.ang.af.mil/