U.S. Drops Efforts to Oust PLO’s Mission From N.Y. : In Interest of Nation--Justice Dept.

The Justice Department said today that it will not appeal a federal court decision that allowed the Palestine Liberation Organization mission at the United Nations in New York to remain open.

The department said in a statement that the “decision was based on a determination that, on balance, the interests of the United States are best served by not appealing.”

Congress had sought to force the closing of the PLO mission at the United Nations on the ground that the PLO endorsed terrorism.

But the State Department objected on the ground that closing the office would violate the U.N. Headquarters Agreement. The United Nations also objected.

No Clear Indication

On June 29, U.S. District Judge Edmund L. Palmieri accepted that view. The Justice Department said the Anti-Terrorism Act of 1987 did not require closing the PLO office in New York because Congress “did not clearly indicate its intent on the face of the statute to violate U.S. obligations under the U.N. Headquarters Agreement.”

The Justice Department said that the Administration normally appeals adverse federal court decisions of this kind but that “it was decided, in the light of foreign policy considerations, including the U.S. role as host to the U.N. organization, not to appeal in this instance.”

“If that is the true position of the Justice Department, they are now moving in line with international law and the commitment of the host country under the Headquarters Agreement to honor the agreement, and not to violate it,” said Riyad H. Mansour, the PLO’s charge d’affaires, when asked about the ruling at U.N. headquarters in New York.

U.S. officials, speaking on condition they not be named, said that the Justice Department had lobbied hard to pursue an appeal but that the State Department view prevailed in the end.

Letter to Duberstein

Sen. Jesse Helms (R-N.C.) had written a letter last week to White House Chief of Staff Kenneth M. Duberstein recommending the decision be appealed.

“At issue is the question of who determines the sovereign powers of the United States--the Congress and the President through the constitutional process, or the United Nations and a single District Court judge in New York,” he said.

Helms and Sen. William V. Roth (R-Del.) had said that if the court ruling stands, American ability to control access of foreign nationals to the United States would be weakened.

The department said it will continue to oppose efforts to reopen the PLO office in Washington, which is not covered by the U.N. agreement.