November 5, 2007: This website is an archive of the former website, traprockpeace.org, which was created 10 years ago by Charles Jenks. It became one of the most populace sites in the US, and an important resource on the antiwar movement, student activism, 'depleted' uranium and other topics. Jenks authored virtually all of its web pages and multimedia content (photographs, audio, video, and pdf files. As the author and registered owner of that site, his purpose here is to preserve an important slice of the history of the grassroots peace movement in the US over the past decade. He is maintaining this historical archive as a service to the greater peace movement, and to the many friends of Traprock Peace Center. Blogs have been consolidated and the calendar has been archived for security reasons; all other links remain the same, and virtually all blog content remains intact.THIS SITE NO LONGER REFLECTS THE CURRENT AND ONGOING WORK OF TRAPROCK PEACE CENTER, which has reorganized its board and moved to Greenfield, Mass. To contact Traprock Peace Center, call 413-773-7427 or visit its site. Charles Jenks is posting new material to PeaceJournal.org, a multimedia blog and resource center.
Return to Home Page
[First Court of Appeals Hearing - March 4, 2003]
COALITION OF US SOLDIERS, PARENTS OF US SOLDIERS,
AND MEMBERS OF CONGRESS FILE FEDERAL LAWSUIT
IN BOSTON CHALLENGING BUSHS AUTHORITY TO WAGE WAR
CONTACTS: John Bonifaz, (617) 524-2675 or (617) 529-4611 (cell)
Steven Lewis, (617) 470-1469
Charles Richardson and Nancy Lessin, (617) 522-9323,
(617) 320-5301 (cell), (508) 277-9466 (cell)
This Lawsuit seeks to prevent the President from launching a military invasion of Iraq absent a Congressional Declaration of War. Follow this link to view the Complaint (doc file).(Also available in PDF format).
Pleaintiffs say an invasion will violate the US Consitution: "THE PRESIDENT IS NOT A KING."
The plaintiffs and their attorneys held a press conference in Boston at 10:30 a.m., Thursday, February 13, 2003, at the Old South Meeting House, 310 Washington Street in Boston, to announce the filing of this lawsuit.
A coalition of U.S. soldiers, parents of U.S. soldiers, and Members of Congressfiled the lawsuit in federal court in Boston on February 13, 2002 challenging President George W. Bushs authority to wage war against Iraq. The lawsuit seeks to prevent the President from launching a military invasion of Iraq, absent a congressional declaration of war. U.S. Representatives John Conyers and Dennis Kucinich lead the Members of Congress who are serving as plaintiffs.
The plaintiffs say an invasion will violate Article I, Section 8 of the United States Constitution which states that Congress shall have Power [t]o declare War. They argue that the resolution on Iraq that Congress passed last October did not declare war and unlawfully ceded to the President the decision of whether or not to send this nation into war. Their court papers cited historical records showing that the framers of the Constitution sought to ensure that U.S. presidents would not have the power of European monarchs of the past to wage war.
The President is not a king, says Charles Richardson, a plaintiff in the case whose son is a U.S. Marine now stationed in the Persian Gulf. If he wants to launch a military invasion against Iraq, he must first seek a declaration of war from the United States Congress. Our Constitution demands nothing less. Richardson, along with Nancy Lessin and Jeffrey McKenzie, who are also plaintiffs in this case, is a co-founder of Military Families Speak Out, an organization of people who are opposed to war against Iraq and who have family members in the military. Lessin adds: A full and complete Congressional discussion of the issues and all options must precede any move towards war, because of the irreparable harm that would result.
A war against Iraq without a congressional declaration of war will be illegal and unconstitutional, says John Bonifaz, the plaintiffs lead attorney. It is time for the courts to intervene.
The plaintiffs filed a motion for a preliminary injunction (doc file);
(also available in PDF format) along with their complaint.
The motion seeks an immediate hearing on their request that the President be barred from launching a military invasion against Iraq without a congressional declaration of war.
Suporting the motion is a Memorandum of Law (html page);
also available in PDf format or as a DOC file or as an RTF file.
Email us if you have any difficulty downloading or readhing these files.
Boston Globe/Associated Press, February 13, 2003: Lawsuit Challenges Bush Authority on Iraq
Links to Plaintiff's Lawsuit Filings and Related Documents
1. Complaint (doc) filed February 13, 2003. Also available in PDF format.
2. Motion for a preliminary injunction (doc). Also available in PDF format.
3. Memorandum of Law (html page); also available in PDf format or as a DOC file or as an RTF file.
4. Affidavit of Counsel (doc file) in Support of Ex Parte Motion to Proceed with Commencement of the Action Using Pseudonyms. Also available in PDF format.
Page created February 17, 2003 by Charlie Jenks.