European Stars and Stripes (Newspaper) - February 11, 1994, Darmstadt, Hesse                                Friday february 11,1994 commentary the stars and stripes Page 17 peaceful serbs could save the West from War . Participation in any eventual airstrikes against Bosnia s serbian Artil Lery and mortar positions would be act 1 of american military involvement in the bosnian civil War just act 1.what Are the scripts for act 2 and act 3? the new Secretary of defense William j. Perry asked those questions publicly but did not answer. A or but president Clinton will have to answer if he sends planes into action. Wisely he has resisted pressure to get militarily . Rosenthal involved and still wants to stay out of the War. But last sat urday s latest murderous shelling of Sarajevo is pushing him hard. The bosnian serbs say mus lims did it to bring foreign intervention. The world does not believe it. The president will not act alone. But with the participation of european allies he would go along As some of his top people now urge. Then As they should remember it be comes Clinton s War. Abroad allies and enemies will not let him forget that. At Home Clinton s future will ride on the outcome of his War fair enough since he will have brought the United states into it i " he pulled american troops put of Somalia hesitated at the dockside i Haiti and wrestles with North Korea. A setback in Bosnia and Herzegovina or confusion about his goals will not be the Best Road to a second term or respect in the  act 1 bombing of artillery and mortar positions will not Knock the bos Nian serbs out. Act 2 will follow air War against Serbia the Patron of serbs living in Bosnia. That Means hitting serbian Bridges Supply roads and airfields including those in Belgrade. The United states will be bombing a nation that infuriates the West now. But the same serbian nation fought Adolf Hitler when other Balkan nations licked his boots. How will we then get out of this bal Kan horror the theory is that Serbia will Cave in and Given its staggering Economy that is possible. Then the West will impose  muslims stand to get about 5 per now trait lunch la Start the 16 someone cent More territory than has been offered them now by the serbs and the croats and incidentally we May also have to bomb the croats too. But maybe the bosnian serbs will fight on whatever Serbia decides. Or As they have before maybe the bosnian muslims will walk away from a partition agreement. If bombing of serbs and croats does not bring agreement quickly do we just go on bombing and bombing according to the United nations the mus lims in the past took military action to provoke serbian retaliation and keep the Western intervention alive. If that Hap pens again would Western stomachs stand bombing Muslim positions where Are we going suppose after enough bombing parti Tion terms Are signed. Clinton says . Ground troops will be committed to protect an agreement signed by Bosnia muslims serbs and croats. But an agreement pounded into serbs by foreign bombs will guarantee guerrilla warfare. The United states will be deep in the final act it dreads american troops on the ground in a civil War every sides target. Before Clinton took office the West pushed bosnian muslims into Atoo Early declaration of Independence that the muslims themselves warned would Lead to civil War. Then during his administration the West and the bosnian sides riddled to death the Vance owe peace plan the one Chance of building a multiethnic Bosnia. Now Only partition remains. The United states has no strategic reason to get into an air or ground War for partition terms. Should we instead lift the embargo and  the muslims Don t we care that hundreds of thousands More people in Bosnia and beyond would then wind up butchered prevention of More death Isth Only legitimate foreign business in Bosnia. Both serbs and muslims can Stop Western air attacks before they Start. But the muslims see Succour in such attacks. The serbs also see themselves As Vic Tims. But it is they who have inflicted the most pain gained the most territory and have the most to lose by . Intervention. "  they can help Clinton avoid War by unilateral military withdrawal from the Sarajevo area and then bargaining More about that 5 percent. There is time left but very Little before act 1. C the now York times grime Law unsuitable tool in abortion debate on the surface it would appear that the nation Al organization for women planned parenthood and other pro Choice groups have a right to Crow Over the 9-0 supreme court ruling which held that a Federal anti racketeering Law can be used to protect abortion clinic operator from pro life protesters. Key to the ruling is chief Justice William h. Rehn quist s opinion that the Federal racketeer influenced and corrupt organizations act May be applied in ideologically motivated crimes not just those motivated by economic concerns. And Central to this opinion is the word  who would use Rico against abortion protes ters must prove among other things that a crime has been committed. Proving that a crime has occurred be cause a protester has tried to dissuade a landlord from renting a building to an abortion provider by claiming that it could endanger the landlord s immortal soul is going to be difficult. Such protests ought to be considered free speech a question the supreme court did not address but left open for future consideration. Two justices is suing concurring opinions did focus on the Issue. David h. Souter and Anthony m. Kennedy warned that Rico actions could deter protected first Amend ment advocacy they also cautioned lower courts applying Rico to Bear in mind the first amendment interests that could be at  one defendant in the lawsuit brought be fore the court is Monica Migliorino Miller. She was sued under Rico for providing burials for aborted babies persuading landlords not to rent to abortionists and giving speeches at pro life  those pushing for unrestricted abortion on de Mand want to pursue this line of argument it could come Back to haunt them when they wish to protest. In fact had Rico been applied to demonstrators for and against any number of causes in the past it could be argued that achieving their goals would have been More difficult if not impossible. From civil rights to the Vietnam War from sit ins at nuclear Power facilities to at tempts by animal rights activists to persuade people not to buy fur Coats Rico would have had the ultimate chilling effect. The chief counsel to the sen ate criminal Laws committee Robert Blakey drafted the Rico measure nearly 25 year Sago. Now a Law professor at the University of notre Dame in Indiana. Blakey tells me twas never the intention of Congress to target any activity but organized crime. This Law was intended for John Gotti and Charles Keating not Gandhi or Martin Luther King jr.," Bla key said. According to him Sens. Edward m. Kennedy and Cal Thomas Gary Hart were particularly concerned that the legis lation be written in a Way that it could not be used against Vietnam War protesters who attempted to Block the Pentagon or who took Over the administration building at Columbia University in new York. Rico was meant for the marketplace of Commer Cial transactions not the marketplace of ideas Plakcy said. Taken to its extreme the court s decision could jeopardize pastors who encourage members of their congregations to oppose abortion and those members subsequently participate in. Two or More peaceful blockades of abortion clinics. Two or More predicate acts constitute a Pat Tern of racketeering according to Rico. Pro lifers who speak at or who write literature for pro life conferences where attendees later participate in two or More rescues at abortion clinics might also be implicated As  and if a court finds that pickets sidewalk Counselor and people leading boy Cotts against abortions have forced an abortion provider out of business through the wrongful use of. Fear they might also be Rico de. Congress could do with Rico what it did with civil rights legislation. It could clarify its intentions. Give the politics of abortion and the tendency of Congress to let the courts do its dirty work it s not Likely that con Gress will act. But it should. C los Angeles times