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Tag Archives: War Powers Resolution

The War in Libya Drags On….Illegally

26 Sunday Jun 2011

Posted by Craig in Congress, Constitution, Libya, Obama, Obama administration

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admiral, Article II, Constitution, de-funding, Gaddafi, Glenn Greenwald, House, Libya, regime change, Ron Paul, War Powers Resolution

As, “days, not weeks” in Libya enters its fourth month, and now that the top U.S. admiral in Libya has admitted that the goal is regime change, despite this…

“Of course, there is no question that Libya – and the world – will be better off with Gaddafi out of power. I, along with many other world leaders, have embraced that goal, and will actively pursue it through non-military means. But broadening our military mission to include regime change would be a mistake.”

…and this:

“Ben Rhodes, a deputy national security adviser, issued a statement acknowledging that President Obama would like to see a democratic government in Libya, but explained that the aim of the U.S. military’s intervention there is not to enact regime change.”

Glen Greenwald asks this question:

“Would this be an example of a President misleading the nation into an (illegal) war?  Or did the goal of the war radically change oh-so-unexpectedly a mere few weeks after it began?  Everyone can make up their own mind about which is more likely.”

Greenwald also has an explanation for the failure of Friday’s de-funding bill in the House. One that I hadn’t considered, but which makes sense:

“The so-called “de-funding” bill the House rejected yesterday was not really a de-funding bill.  It would have barred the spending of money for some war purposes, but explicitly authorized it for others.  That’s why… dozens of anti-Libya-war members in both parties voted NO on the de-funding bill: not because…they were cowards who did not have the courage of their anti-war convictions; and not because the bill would have approved some spending for a war they oppose (though that is true), but rather because they were worried (appropriately so) that had that “de-funding” bill passed, Obama lawyers would have exploited it to argue that Congress, by appropriating some money for the war, had implicitly authorized Obama to wage it.

As Ron Paul — echoing the spokesperson for House progressives — said in explaining his NO vote on “de-funding”, the bill “masquerades as a limitation of funds for the president’s war on Libya but is in fact an authorization for that very war…instead of ending the war against Libya, this bill would legalize nearly everything the president is currently doing there.

That was the reason so many anti-war members of Congress — including dozens of progressives — rejected the “de-funding” bill despite opposition to the war in Libya: because it was a disguised authorization for a war they oppose, not because they cowardly failed to check executive power abuses.”

And as Greenwald also points out, regardless of the outcome of the de-funding vote, the war in Libya is still illegal:

“Congress does not need to de-fund a war to render it illegal.  Under the law (and the Constitution), military actions are illegal if Congress does not affirmatively authorize them (either within 60 days or at the start, depending on one’s view).  The fact that the President has failed to obtain that authorization renders his ongoing war-waging illegal — period.  

[…]

Of course it’s true that Congress should act to stop a President who is waging a war in violation of the law and/or the Constitution, but Presidents shouldn’t wage illegal wars in the first place.  It is frequently asserted that Article II of the Constitution vests the President with the power and obligation to defend the nation, even though nothing in Article II (or any other provision of the Constitution) actually does that.  But there is an obligation which Article II does explicitly impose on the President: “he shall take Care that the Laws be faithfully executed.”  That includes, by definition, the War Powers Resolution (and Article I, Section 8 of the Constitution).”

Bush Taught, Obama Learned

20 Monday Jun 2011

Posted by Craig in Congress, Constitution, George W. Bush, Justice Department, Libya, Obama, Politics

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Eric Holder, FBI, George W. Bush, hostilities, Justice Department, Libya, Lindsey Graham, Meet The Press, Newshoggers, Obama, Office of Legal Counsel, Pentagon, shut up, War Powers Resolution

From an editorial in the St. Petersburg Times, May 21, 2006, via Newshoggers:

“[T]he changes that George W. Bush has made to our nation’s constitutional firmament may not depart with the first family’s bags. His disregard for the separation of powers has so dramatically distorted the office of the president that he may have engineered a turning point in American history.

…Bush has taught tomorrow’s leaders that, if there are no consequences for ignoring legal constraints on power and if no one stops you from conducting the nation’s business in secret, you don’t have to be accountable. He is ruling through the tautological doctrine of Richard Nixon, who told interviewer David Frost that as long as the president’s doing it “that means it is not illegal.”

…Holding the executive branch to account for its actions, demanding that it respect the law and insisting that it fully report to Congress on its activities – these are nonnegotiable duties of Congress, because they are key part of our inheritance.

Being answerable to another is humbling. It makes you more careful in your actions. It requires that you consider how you will defend your decisions. George Bush has freed himself of this constitutional imperative and is showing the next president, and the next, how it is done.”

Bush taught, Obama learned, as evidenced by recent events. Like the expansion of the FBI’s investigative powers:

“The Obama administration has long been bumbling along in the footsteps of its predecessor when it comes to sacrificing Americans’ basic rights and liberties under the false flag of fighting terrorism. Now the Obama team seems ready to lurch even farther down that dismal road than George W. Bush did.

Instead of tightening the relaxed rules for F.B.I. investigations — not just of terrorism suspects but of pretty much anyone — that were put in place in the Bush years, President Obama’s Justice Department is getting ready to push the proper bounds of privacy even further.”

Like ignoring the advice of the Attorney General, the Pentagon general counsel, and the head of the Office of Legal Counsel on the president’s convoluted definition of “hostilities”:

“President Obama rejected the views of top lawyers at the Pentagon and the Justice Department when he decided that he had the legal authority to continue American military participation in the air war in Libya without Congressional authorization, according to officials familiar with internal administration deliberations.

Jeh C. Johnson, the Pentagon general counsel, and Caroline D. Krass, the acting head of the Justice Department’s Office of Legal Counsel, had told the White House that they believed that the United States military’s activities in the NATO-led air war amounted to “hostilities.” Under the War Powers Resolution, that would have required Mr. Obama to terminate or scale back the mission after May 20.

…Other high-level Justice lawyers were also involved in the deliberations, and Attorney General Eric H. Holder Jr. supported Ms. Krass’s view, officials said.”

But the Executive’s ability to expand power and ignore existing law becomes easier with idiots like Lindsey Graham ready, willing, and able to lend a helping hand with statements such as this:

“Sen. Lindsey Graham (R-S.C.) said Sunday that Congress should not interfere with U.S. operations in Libya. “Congress should sort of shut up and not empower Qadhafi,” Graham said on NBC’s “Meet the Press.”

Pull out that copy of the Constitution that I’m sure is in your coat pocket, Sen. Graham. See what it says about Congress’ responsibilities and duties relating to the declaration and funding of war. I don’t think “shut up” is among them.

It All Depends on What “Hostilities” Means

16 Thursday Jun 2011

Posted by Craig in Congress, Constitution, drone strikes, Justice Department, Libya, Obama, Obama administration, Yemen

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Congress, drones, Harold Koh, hostilities, kinetic military action, Libya, Obama, War Powers Resolution, Yemen

I give the Obama administration points for creativity, if nothing else:

“The White House, pushing hard against criticism in Congress over the deepening air war in Libya, asserted Wednesday that President Obama had the authority to continue the military campaign without Congressional approval because American involvement fell short of full-blown hostilities.

In a 38-page report sent to lawmakers describing and defending the NATO-led operation, the White House said the mission was prying loose Col. Muammar el-Qaddafi’s grip on power.”

Wait a minute, I thought the mission was for humanitarian reasons, not regime change. Wha’ happen?

“We are acting lawfully,” said Harold H. Koh, the State Department legal adviser, who expanded on the administration’s reasoning in a joint interview with the White House counsel, Robert Bauer.

The two senior administration lawyers contended that American forces had not been in “hostilities” at least since early April, when NATO took over the responsibility for the no-fly zone and the United States shifted to primarily a supporting role — providing refueling and surveillance to allied warplanes, although remotely piloted drones operated by the United States periodically fire missiles, too.”

I think the people on the receiving end of those drone missiles might have a different definition of “hostilities.”

“We are not saying the president can take the country into war on his own,” said Mr. Koh, a former Yale Law School dean and outspoken critic of the Bush administration’s expansive theories of executive power.”

Uh yes, that’s exactly what you’re saying, Mr. Koh. You’re also saying that as long as it’s your guy expanding executive power and taking the country to war kinetic military action on his own it’s OK. Can you say double standard, boys and girls?

“We are not saying the War Powers Resolution is unconstitutional or should be scrapped or that we can refuse to consult Congress. We are saying the limited nature of this particular mission is not the kind of ‘hostilities’ envisioned by the War Powers Resolution.”

No, you’re not actually saying you can refuse to consult Congress, whatever refuse means inside the White House these days, just that you can concoct some phony baloney reason not to, Carnac.

Mr. Koh, just for clarification purposes, the next time you talk to President Bush Obama, ask him whether or not a drone attack a day in Yemen falls under “hostilities.” Just curious.

Oh, one more thing about disregarding the War Powers Resolution, the ‘everybody else does it’ excuse didn’t work for me when I was six and it doesn’t work for you now as far as I’m concerned. I must have missed the ‘vote for me, I’ll do what everybody else has done’ campaign speech in 2008.

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