Newsday (Suffolk Edition) from Melville, New York • 3

Cambodia Raids Ruled Illegal Judge upholds Brooklyn congresswoman saying US military role is unauthorized 9 was added to the list of plaintiffs yesterday The assistant legal director of the American Civil Liberties Union Burt Keuborne represented the plaintiffs in arguing that the bombing of Cambodia without the express approval of Congress constituted a usurpation of power by the President Assistant US Attorney James Forter voiced the position that the Cambodia operations were and parcel of a war that has continued for many But Judd drew a sharp distinction between Cambodia and Vietnam Many cases testing the legality of the Vietnam war have been thrown out of courts around the country in recent years and Judd himself threw out such a case in 1970 Often the grounds were that the President could act to protect US forces in the field and some judges held that Congress by voting funds extending the draft or approving the Gulf of Tonkin resolution gave at least tacit consent to the Vietnam war None of those conditions applied to Cambodia Judd held In a 36-page opinion Judd declared that question here is not the one posed by the government whether aerial action in Cambodia is the termination cf a continuing war or the initiation of a new and distinct war but whether Congress has authorized bombing in Cambodia after the withdrawal of American troops from Vietnam and the release of prisoners of He held that Congress never did The judge said Congress had not granted authority to bomb Cambodia in legislation it passed June 29 cutting off all funds for combat activities after Aug 15 extent of the power granted by Congress depends on the language used by Congress not on the statements to Congress An emergency does not create power unless Congress has granted he said Noting the short time remaining until Aug 15 Judd asserted that court cannot say that Cambodian and American lives which may be lost during the next three weeks are so unimportant that it should defer action in this case still Referring to the President's veto of an earlier bill that would have put an immediate end to the US role in Cambodia a veto Congress sought to override but because it lacked a two-thirds majority udd observed: cannot be the rule that the Resident needs a vote of only one-third plus one of either house in order to conduct a war but this would be the consequence of holding that Congress must override a presidential veto in order to terminate hostilities which it has not (Profile of Judge Judd Page 11) Neuborne said that unless the Circuit Court of Appeals extends the stay the bombing could be halted eariy next week He said the decision constitutes recognition that the President simply cannot commit forces to combat without congressional approvaL It's the judiciary telling him in no uncertain terms that that's not the way an American President Saying she was pleased and Miss Holtzman called the ruling and By Martin Berck A federal judge in Brooklyn undertook to do yesterday what no American judge had ever done before to halt warfare by means of a court order- US District Judge Orrin JudJ decreed that US military activity against Cambodia is illegal and he ordered it stopped Confronting the White House with the prospect of yet another constitutional crisis Judd held there is no existing congressional authority to order military forces into combat in Cambodia or to release bombs over Cambodia and that military activities in Cambodia by American armed forces are unauthorized and Defense Secre-t a Schlesinger Acting Air Force Secretary John Mo-Lucas Deputy Defense Secretary William Clements and persons in active concert or participation with them" were permanently enjoined by Judd participating in any way in military activities in or over Cambodia or releasing any bombs which may fall in Not that Judd expected to end it all with the stroke of a pen He stayed the execution of the injunction until 4 PM tomorrow to allow the government to appeal Later yesterday US Attorney Robert Morse gave notice that he would appeal and would seek a further stay of the order before it goes into effect The i-ue seemed headed ultimately for the US Supreme Court Judd's ruling cnm in a liwuit begun in April by freshman Rep Elizabeth Holtzman (D-Brooklvn) who won her seat after beating veteran congressman Emanuel Celler in lart Democratic primary In May three Air Force B-52 crewmen based in Guam joined her suit A fourth airman based in Thailand Capt Donald 21 of Danbury Conn who faces court martial for refusing to bomb Cambodia AP Phot Smoke rises from bombs dropped last week by the US as insurgents neared Phnom Penh AF Secretary in Dark on Raids nity which the senators present let go by to discuss the nature and extent of the Bray said Committee sources countered that Rogers in substance finessed the committee by making to bombing in Cambodia which they construed was only what they had heard about intermittent occasional runs across the Cambodian border Bray acknowledged that Rogers volunteered no information on the magnitude of the bombings In Cambodia insurgent forces who have been battering the outskirts of Phnom Penh for weeks carried the war into the capital yesterday with a pair of light artillery barrages that hit a military housing area and a refugee camp 'Die shellings marked the first time that the city itself has been attacked since the rebels launched their offensive early this year A military command official said the barrages killed IS persons and wounded 26 It was believed that the Red Khmers and North Vietnamese had managed to penetrate to within six miles of the city limits and about the same distance from the vital military and civilian air base at have a chain of he said I believe I could have been helpful to the Air Force and the country" However when asked why he had not inquired about bombing in Cambodia after several press reports in 1969 and early 1970 alleged it was being carried out Seamans said really answer that question I For Seamans who left the Air Force in mid-May it was- the second time in 18 months that he had been embarrassed by being kept out of crucial military decisions on the war In January 1972 it was disclosed that Seamans learned of what were then the most intensive bombing raids ever launched against North Vietnam while he was watching television Meanwhile the State Department sought yesterday to absolve Secretary of State Rogers of any responsibility for withholding information about the B-52 bombings from the Senate Foreign Relations Committee in April 1970 Rogers mentioned to the committee in two executive sessions on April 2 and April 27 1970 that the US had bombed in Cambodia spokesman Charles Bray said yesterday was every opportu LA Porn News Servir Washington Former Air Force Secretary Robert Seamans told the Senate Armed Services Committee yesterday that he never knew that secret raids had been carried out over Cambodia for 14 months in 1969 and early 1970 while he was the Air Forcts civilian chief Seamans and Sen Harold Hughes (D-Iowa) sharply challenged the existing military organization system that keeps top civilian officials in each service from knowing about certain major activities being carried out in their services Seamans aaid that just doesn't make sense to have the title hut not know what the Air Force is Hughes said it was "almost that Seamans did not know about clandestine raids of such magnitude and viewed it as a serious in the existing chain of command set-up that runs from the President to the defense secretary to the uniformed military chiefs Seamans said none of the service secretaries are in the chain of command for operational matters Seamans implied that had he known of the secret bombing campaign he might have challenged it still essential to Seamans in 69.