Gov. Blagojevich, Attorney General Madigan ask for temporary restraining order to stop removal of F-16s  

[SEPT. 2, 2005]  SPRINGFIELD -- Gov. Rod R. Blagojevich and Illinois Attorney General Lisa Madigan filed a motion for a temporary restraining order in federal court Thursday to stop U.S. Secretary of Defense Donald Rumsfeld and the Defense Base Closure and Realignment Commission from moving F-16 aircrafts from the 183rd Fighter Wing in Springfield. The governor and attorney general have said that the Pentagon's May 13th recommendation, which the BRAC Commission also endorsed last week, violates federal law, which dictates that he must give his consent for this type of realignment.

On behalf of the governor, the attorney general filed the motion for a temporary restraining order in U.S. States District Court for the Central Division of Illinois, Springfield Division. This latest legal action follows a lawsuit that was filed in federal court on July 21, blocking the Pentagon's initial recommendation.

"In these very uncertain times, any actions that would threaten our homeland security would be a grave mistake," Blagojevich said. "There is absolutely no way to justify taking these F-16s out of Springfield. This indefensible decision will leave our country more vulnerable to attack and cost our taxpayers $10 million. It is the wrong recommendation, at the wrong time, for the wrong reasons, and there is absolutely no doubt that it is illegal. That is why we are back in federal court today seeking to immediately halt this action."

"We are taking this action because I am concerned that by disbanding the 183rd Air Wing, we are diminishing the ability of the Air National Guard to respond to homeland security threats, civil emergencies and natural disasters," Madigan said. "A Pennsylvania court concluded that the secretary of defense cannot deactivate a National Guard unit without the governor's consent. The same reasoning should apply to the claim we are bringing, and I trust that the district court in Illinois will declare the deactivation of the 183rd Air Wing illegal and in violation of federal law."

Legal counsel for the BRAC Commission recently issued a memo in which he fully agreed with the legal arguments that the state of Illinois has been making all along. BRAC Deputy General Counsel Dan Cowhig wrote that no change in the organizational structure of an Air National Guard Unit can take place without the consent of the state's governor.

The Springfield Air National Guard Base offers unique military training opportunities that are second to none and a highly strategic location for homeland security missions for both Illinois and the entire Midwest. Illinois is also home to 11 nuclear power plants that provide 50 percent of the state's power generation. Further, Illinois has 28 locks and dams on the Illinois, Mississippi and Ohio rivers. If the BRAC Commission's recommendations are adopted, these vital assets and many others will be at greater risk, without the F-16s in Springfield. This would also leave Illinois with only two Air National Guard flying units, which is the same number as several states with much smaller populations, including Alaska, Arkansas and Hawaii.

The governor has been leading a coordinated effort for nearly three years with the Illinois congressional delegation, other elected officials and local leaders to prevent Illinois' military bases from ending up on the BRAC list. He consistently has stressed that these actions are a threat to national and homeland security and are not cost-effective.

The commission must publicly release its final BRAC report by Sept. 8 and will send it to President Bush. The president has until Sept. 23 to approve or disapprove the list. By Nov. 7, the BRAC list must then be sent to Congress, which is given the opportunity to disprove the list through a joint resolution.

[News release from the governor's office]