9th Circuit hears arguments on Area 51 case

Thursday, Nov. 6, 1997 | 10:57 a.m.

"There is no question President Clinton is responsible," Washington, D.C. attorney Jonathan Turley said Wednesday after taking his case to the 9th U.S. Circuit Court of Appeals.

Turley is representing former workers at Area 51, a top secret base where military aircraft such as the U-2, SR-71 and F-117 stealth fighter were tested.

The workers claim they were harmed by the burning of toxic materials at the base.

Turley is seeking to overturn a summary judgment made by U.S. District Judge Philip Pro of Las Vegas in March 1996.

Pro threw out the workers' lawsuit on grounds it presented a risk to national security.

Until the lawsuit, the federal government refused to even acknowledge the existence of the remote base, 90 miles north of Las Vegas.

"If American people knew what is stored at Area 51, they would be outraged," Turley said after the hearing. "It has nothing to do with national security."

After the hearing, Turley blamed Clinton, saying he was the first president in American history to cover a crime by making a national security declaration to block a trial.

Under a presidential determination, which must be made annually, Clinton has decreed that evidence related to workers' deaths or injuries is a top-secret matter of national security and cannot be disclosed.

In Wednesday's hearing, appeals judges ridiculed Turley's arguments that they disregard national security concerns and allow him to sue the government.

Judge Pamela Rymer at one point scolded Turley for making exaggerated arguments.

"You have a serious problem here, Mr. Turley," Rymer said. "I am trying to get you to explain to me in English."

Justice Department lawyers smiled at each other at times during Turley's presentation.