European Stars And Stripes (Newspaper) - March 4, 1986, Darmstadt, Hesse                                Page 4 the stars and stripes tuesday March 4,1986 justices to review use of pocket veto Washington a the supreme court agreed monday to referee a major confrontation Between presi Dent Reagan and Congress Over the use of the pocket veto. The court said it will review a ruling that Reagan Ille Gally used a pocket veto in 1983 to kill a Bill linking military Aid to Al Salvador with human rights Progress by that country. A president pocket vetoes a Bill by taking no action on the measure figuratively keeping it in his pocket rather than sending it Back to Congress with a veto message or signing it into Law. The court s action sets the stage for a decision probably sometime in 1987, on far reaching questions of presiden tial and congressional Powers. On aug. 29, 1984, the . Circuit court of appeals in Washington ruled by a 2-1 vote and in a one Page Opin Ion that Reagan s use of the pocket veto was illegal. But the Bill conditioning Aid to Al Salvador on human rights Progress expired a month later anyway and it was not until april 12, 1985, that the appeals court issued a 46-Page opinion in the Case. In the Appeal acted on monday Justice department lawyers said the appeals court should have thrown out its own opinion last year because the Case had become moot. The Challenge to Reagan s use of the pocket veto was made by 33 House democrats led by rep. Michael d. Barnes of Maryland. Leaders of both parties in confess joined in asking the supreme court to allow the appeals court ruling to remain intact. The Case poses not Only the Issue of the pocket veto but also whether individual members of Congress have Legal standing to sue in Federal court to Challenge actions by the president. Recognition inspires Fiedler Senate bid Commerce Calif. A rep. Bobbi Fiedler saying that a grand jury indictment that was overturned by a judge has Given her statewide recognition filed Campaign papers monday for the Senate seat held by Alan Cranston. Fiedler accompanied by her aide and Fiance Paul Clarke at the county registrar of voters office said she believes her Lega problems Are Over. The Only hurdle now is a Normal one for a Campaign raising the funds and reaching the electorate she said. The county grand jury indicted Fiedler 48, and Clarke 39, in january on charges of violating state election Law by offering $100,000 to the Campaign of her rival in the Republican primary state sen. De Davis to get him to drop out of the race. The District attorney s office last week asked the court to dismiss the indictment against Fiedler on grounds of insufficient evidence but said it wished to prosecute Clarke. Superior court judge Robert Altman however dismissed the indictments against both. Altman said wednesday there was inadequate evidence to prosecute Fiedler and the Case against Clarke had been improperly explained to the grand jury. A similar Issue involving Legal standing with potential far reaching Impact also has Arisen in a pending constitutional Challenge to the Gramm Rudman act requiring a balanced Federal budget by 1991. In the pocket veto Case the appeals court barred the president from using the device to kill a Bill while con Gress is in recess. The ruling allowed the president to pocket veto a measure Only at the conclusion of a two year supreme court Roundup congressional term when All House seats and a third of the Senate seats Are up for election. In the Case of the Al Salvador measure Congress had recessed for 1983 when Reagan sought to nullify the Mea sure on nov. 30 that year. The Bill would have required him to certify that the salvadoran government had improved human rights before More . Aid could be sent to the country in the fiscal year ending sept. 30,1984. The appeals court ruling had no effect on the Aid since the Money already had been spent. The Constitution specifies that a Bill passed by each House of Congress automatically becomes Law unless the president vetoes it by returning it unsigned to Congress within 10 Days unless the Congress by their adjournment prevent its return in which Case it shall not be a  the supreme court ruled in 1929 that the pocket veto May be used while Congress is in recess. But in recent years both houses have appointed representatives to accept messages from the president during such adjournments. Congressional leaders say that the recent change Means the president no longer can contend he has been prevented from returning a Bill to Congress when it is not in session. In other action monday the court agreed to decide whether National Banks May establish discount securities brokerage outlets wherever the want. The court said it will hear appeals by the Reagan administration and Banks pressing for unfettered expansion into the business of Selling stocks and Bonds. The court is not expected to announce its decision in the Case until sometime in 1987. Let stand former Idaho rep. George Hansen s 1984 conviction for falsifying financial reports filed with the House of representatives. Federal prosecutors now May move to Force Hansen 55, to begin serving his sentence of five to 15 months in prison and to pay a $40,000 Fine. Refused to hear a $15 million libel suit brought by a Morton Grove 111., resident against a pro gun group with which he worked to fight the Chicago suburb s 1981 hand gun ban. Without comment the court refused to hear Victor d Quilici s arguments that he was lib eled by the second amendment foundation. Refused to kill a lawsuit challenging the constitutionality of a Chapel at Hopkins International Airport outside Cleveland. The court without comment let stand a decision or Dering a trial to determine if the Chapel s presence at the City run Airport violates the constitutionally required Sepa ration of Church and state. Giroua upside Down airlines a photo Pilot of the single engine plane was in Billig sentenced to 4 years dismissal from Navy had Iino or not Tad it re i. Washington a Navy surgeon Donal m. Billig was sentenced monday to four years in prison and ordered dismissed from the Navy after being convicted of manslaughter and homicide in the deaths of three patients at Bethesda naval Hospital. Billig showed no emotion As the jury fore Man rear adm. Harry s. Quasi read the sentence. The jury of nine Legal officers also ordered Billig to forfeit All pay and allow ances. Earlier Billig pleaded with jurors not to Send him to prison saying his manslaughter conviction Means he won t be Able to oper ate again and is punishment of a severity i Don t Ever think i can  Billig spoke to the jury after prosecutors presented family members of some of the patients who died during surgery he con ducted or supervised and after the defense presented a former heart surgery patient who said Billig did a Good Job in his Case. The family members testified As wit Nesses for the prosecution As the govern ment sought a maximum sentence against Billig 55, the former chief of heart surgery at Bethesda naval Hospital. The wife and son of retired gunner s mate Joe Estep the wife and daughter of retired air Force it. Col. John Kas and the wife of former army maj. William f. Grubb described their late loved ones. Billig was convicted of manslaughter in the deaths of Estep and Kas and the lesser homicide charge in the death of Grubb. T devastation it s the Only word Forit Lih Grubb said fighting Back tears in describing the Impact of her husband s death hours after heart surgery. Plain  Marilyn Manguso daughter of Kas said she is still haunted by the memory of her father As he emerged from surgery his face so swollen he was unrecognizable. Kas died of massive bleeding hours later and his heart was so badly swollen that his Chest could t be closed in surgery. Billig faced a maximum possible sentence of 1114 years in prison plus fines and dismissal from the Navy after being convicted of two counts of involuntary manslaughter one count of negligent homicide and 18 counts of dereliction of duty All stemming from operations he conducted in 1983 and 1984 at Bethesda the Navy s Premier Hospital. Billig was convicted in the deaths of three open heart surgery patients at Bethesda and acquitted in the deaths of two others. He was found guilty of 18 counts of dereliction of duty and acquitted of six. Goldstein said Billig s conviction and sen tence Are subject to automatic review and May be appealed to the court of military appeals and ultimately the . Supreme court