European Stars And Stripes (Newspaper) - December 28, 1987, Darmstadt, Hesse Page 10 the stars and stripes monday. December 28, 1987 columns James j. Kilpatrick what is alcoholism the High court May say Eugene Shaynor started drinking to into i Calion before he was 10 years old James a Mckel icy was an alcoholic at 13. Bolh went Inlo inc army both Gol Oul with honorable discharges and for a Lime both Kepi on boozing. Now they arc plaintiffs in a Case before the . Supreme court that could profoundly of incl an estimated 10 million alcoholics in the United stain. If inc High court lakes a Broad View of the Case private and Public employers could find themselves under new obligations. Companies writing health and insurance would feel the impart. The key question if inc court wishes to face it is As old As it is troublesome is alcoholism a disease or is it what the veterans administration terms wilful misconduct these were the facts Traynor enlisted in the army in 1968, but his drinking caused such medical and disciplinary problems that he was discharged in 1969. Over the next five years he was hospitalized five limes for alcoholism. The veterans administration diagnosed his condition As primary alcohol ism a term used to denote alcoholism without an underlying psychiatric disorder. In 1977 Traynor licked the Demon. He invoked his educational benefits under inc i Bill of rights and enrolled in College. Under the Law such benefits must be used within a 10-year period following Dis charge. Traynor s time ran out in August 1979. He applied for an Extension arguing that his illness i.e., his alcoholism had prevented him from taking full advantage of the program. The a rejected his Peti Tion under a Long standing regulation. In the a s View Traynor s wilful misconduct was All his own doing followed the same path. He was discharged honorable in 1966, Hen hospitalized 31 times for alcoholism before he joined alcoholics Anonymous and put boo a behind him. He Loo used some of his educational benefits before time ran Oul and he too was refused an Extension both veterans brought Suil in Federal courts and both won Ai the trial level before losing in the circuit courts of Appeal they argued thai Congress itself had defined alcoholism in a 1970 act As an illness requiring treatment and in support of their position they cited an impressive array of medical opinion. The National Council on alcoholism has filed a Friend of the court Brief in their behalf. In the coun cil s View alcoholism is neither misconduct nor a moral failing but a Complex and insidious medical condition that can and must be the government s position is archaic erroneous and Stig the alcoholic is a handicapped person under the re habilitation act of 1973. Excessive drinking is not something Over which he or she has conscious or voluntary the Council notes that the world health organization defined alcohol ism As a disease in 1951, the american psychiatric association in 1953 and the american medical association in 19s6. It is quite possible that the supreme court will sidestep 1hc Broad question altogether. The veterans administration operates under a Peculiar system Al most unmatched elsewhere in the bureaucracy final decisions of the Board of veterans appeals Are not subject to judicial review. The 2nd . Circuit cited his fact in its divided opinion rejecting Traynor s claim. This immunity however applies Only to any Law administered by the veterans administration pro Viding benefits to is the rehab Lillion act such a Law it protects handicapped persons from discrimination in any program receiving Feder Al benefits. The government contends that the a docs not administer the rehabilitation and inc a administers Only acts affecting veterans. There the jurisdictional argument stands. The supreme court traditionally refuses to get to inc merits of a Case if Iacre is any plausible Way of avoiding the merits on technical grounds the theory is hat it is better to leave essentially statutory questions up to Congress and there is much to be said for that theory. It would be a simple matter for Congress to re write the a regulation on primary alcoholism if Congress agrees with inc medical opinion. I take no sides on this one Over a Long life in the newspaper business i have known a Good Many alcoholics. Were my friends sick were icy handicapped As handicaps arc usually understood or did they simply Lack inc self discipline to control their drinking perhaps the High court will say. A us Vorill Plell syndic am Carl Rowan cronyism Mokes it Tough on Low and order if Ever there was a Legal moral justification for the appointment of Spe Cial prosecutors it is the smelly role of attorney general Edwin Meuse 3d in the Iran Contra scandal. Even More than Richard Nixon s crony John Mitchell who went to Pris on for his role in the watergate fiasco a Csc has shown us that something worse than a disdain for the Law can become commonplace when the jus Tice department is handed Over to a buddy of an arrogantly ideological president. Sure the congressional committees on inc Iran Contra affair have cited president Reagan for ultimate responsibility in the secret arms sales to Iran and the diversion of funds to the contras in Nicaragua. That is As it should be because clearly Reagan i ther snooze while a Cabal of zealots look Over foreign policy and operated flawlessly or he gave them a go ahead nod and conveniently looked the other Way. But i see no Point in dwelling on Reagan s Loose uninformed style of governance his memory lapses his slated untruths that undergirded the Long pal Tern of deception. He will be out of office soon. What those who confirm Cabinet members must remember is Hal the two worst scandals of this generation occurred because two presidents thought the nation s top Lawman a political crony could cover up for them. The sen ale ought never again confirm As attorney general anyone whose ethical record and political indebtedness create solid reason to doubt his Fidelity to the Rule of Law. Even after the committee majority gave Mccase the Benefit of some colossal doubts its report still came Down hard on the attorney general in ways that would Lead All but administration sycophants to conclude that or. Law and order Mcnese was conducting a cover up exercise hat some prosecutors Call obstruction of Justice. My Reading of the reams of testimony convinces me that Mccase knew All about All aspects of the Iran Contra caper right from the Start. I cannot forget i. Col. Oliver North s testimony that when Mccase confronted him he asked the attorney general How much Lime do i have t still believe Hal Means How much time to do Elroy the documents that Wilt implicate the presi Dent you and others Nonh left mix be and went on a spree of shredding documents overloading one shredder and of smuggling other documents of Side the while House Complex. Bui North missed to use his words. The report shows that when a me Csc aide stumbled upon a document indicating a diversion of funds to the contras Mccase s investigation took a bizarre turn. The report says prior to the discovery of the diver Sion memorandum each interview of the attorney general s fact finding team had been conducted in the presence of iwo witnesses and careful notes were taken in accordance Wilh Standard professional practices. After the discovery of the diversion memorandum which gave Rise loan inference of serious wrong doing the attorney general departed from these Standard practices. A series of important interviews with vice presi Dent Bush White Huun chief of staff Donald Regan Cia director William Casey and former National Security advisers John i Oindexter and Robert c. Mcfarland was conducted by the attorney general alone and no notes were strange business it is troubling even to have to wonder whether the attorney general was giving lawbreakers a Chance to cover their tracks. Because i Host worries spilt Over into every area of Law enforcement in America and no democracy can flourish amidst concerns about the rectitude of those who Are supposed to help the Percsi Donl live up to his constitutional Man Date to take care that the Laws be Faith fully the Only Way to Prev Cal the Wor Ries and fears is to declare inc Justice department off Simili to blatant political cronyism. Rel new la Anmer cd Syndicate s a Rel cart Toni Al Al � and aia a n 0 Iff tie stall Ihil Paga be fell Tinoso of in lot to Contd Tiad is b a Bia Tinq ih05 5lnp41 d i m unit St ius
