White House Didn’t Seek Legal Advice, Certain Libya Operation Complies with War Powers Resolution

CNSNews ^ | June 6, 2011 | Fred Lucas

[jazusamo]

Washington (CNSNews.com) – Just days after the House passed a bipartisan rebuke of President Barack Obama for sending military force into Libya without congressional approval – White House Press Secretary Jay Carney said they sought no legal opinion on doing so, yet maintained the White House acted within its constitutional bounds.

“I’m not aware of any special seeking of guidance that we asked for,” Carney told reporters after he was asked if the White House sought a review from the Justice Department’s Office of Legal Counsel.

“We believe we are acting consistent with the War Powers resolution,” Carney continued. “On the question of congressional consultation, to answer your question, there have been numerous briefings, both classified and unclassified briefings on the U.S. participation in the NATO mission, as well as on our other actions regarding Libya.”

Both Republicans and Democrats accused Obama of ignoring the 1973 War Powers Resolution that requires congressional authorization within 60 days of military action. President Richard Nixon vetoed the measure, but Congress had the two-thirds vote to override his veto. That deadline expired last month.

The House debate took place 90 days after the U.S. first joined Britain, France and other NATO allies in the air strikes against the forces of Libyan dictator Col. Moammar Gadhafi. The justification for the mission came from United Nations Resolution 1973.

The House voted 268-145 on Friday on a measure drafted by House Speaker John Boehner (R-Ohio) that says Obama failed to provide a “compelling rationale” for the use of force to aid rebels battling against Gadhafi. The measure is nonbinding, but expressly prohibits ground troops and calls on the president to provide Congress with more details on the mission and its costs within 14 days.

Boehner’s resolution was largely in response to the more sweeping proposal by Rep. Dennis Kucinich (D-Ohio), which called for the withdrawal of U.S. forces.

Carney said the resolution that passed was “unhelpful and unfortunate.” He further said the White House would support a bipartisan resolution in Congress by Sens. John Kerry (D-Mass.) and John McCain (R-Ariz.) to put a congressional stamp of approval on the mission.

“We feel confident that the president has executed a policy decision in exactly the matter that he said he would, and that our consultations have been consistent and that we are acting consistent with the War Powers Resolution and finally that we welcome and support of the War Powers resolution and finally that welcome and support a resolution similar to or exactly like the Kerry-McCain resolution,” Carney said.

He further said if Congress asks for information it will be provided to them, the same as before the resolution.

“If they ask for paper we will provide paper. But it is simply incorrect to suggest that we haven’t been consulting Congress regularly on this,” Carney said.

Obama seemed to take a different view of presidential power when he was a candidate for president. In 2007, he told The Boston Globe, “The President does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation.”

“As Commander-in-Chief, the President does have a duty to protect and defend the United States,” Obama continued. “In instances of self-defense, the President would be within his constitutional authority to act before advising Congress or seeking its consent. History has shown us time and again, however, that military action is most successful when it is authorized and supported by the Legislative branch.”

[jazusamo]

Obama doesn't have to seek legal advice, he was a constitutional law professor, don't you know? /sarc

[allmost]

He is in violation of the statute. There was/is no authorization for military action beyond 60 days. I don’t see the words to mince here. He is currently engaged in open active criminal activity.

[Steely Tom]

This is completely consistent with the Obama Doctrine, which is basically this: whatever Obama wants is, by definition, lawful and good. What displeases or inconveniences Obama is illegal and evil.

[ExTexasRedhead]

What about the Al Qaeda terrorists within the Libyan rebels that Hussein is aiding??? No one asking the pertinent questions in DC!

[fwdude]

In other words, “We don’t need no stinkin’ resolution!”

[jazusamo]

Agreed. I also believe his initial decision without the approval of Congress was in violation of the act.

[allmost]

CiC needs some flexibility. The checks and balances are... the basis of our theoretical government however.

[combat_boots]

The Congress and Attorney General, let alone WH counsel, Bauer, apparently didn’t get the memo about how 0bama can do whatever the frack he bloody (well, other American families’ blood)wants. Huh.

Making $h!ite up as they go along. And greasing the skids of the TOTUS’ agenda with American military guts and blood. Ayres and Dohrn, let alone Wright, 0bama, Pelosi, Reid and Soros, must be screeching with delight. Break out the Cristal! More American military died in the last 3 days ALONE!

/loathing

[Nachum]

The list, ping

Let me know if you would like to be on or off the ping list

http://www.nachumlist.com/

[jazusamo]

There’s flexibility written in the act for the initial 60 days for the CiC but I don’t believe the Libyan operation met them. He used the UN to justify the action and we shouldn’t get involved because of a UN resolution without the approval of Congress, JMO.

[houeto]

I also believe his initial decision without the approval of Congress was in violation of the act.

It was. The question is, "What are they going to do about it?"

Anger does not even begin to describe my thoughts concerning our current House leadership.

[BobP]

White House Didn’t Seek Legal Advice, Certain Libya will be ruled by the Brotherhood.

We're living through a farce (flop), wrapped in a mockery (sick comedy), wrapped in an enigma imitating a president known as Zer0 -- take your pick on the order.

He lies about every detail that slithers out of his mouth. The form, substance, background, data, interpretation and meaning of every detail. He lies about his birth, his associates, his appointees, his policies, his activities, his thoughts, his family, everything. It's as if he can't speak a word without turning it into a dozen lies.

There is nothing worse for America than this embittered socialist manipulating the system from within.

''The buck stops anywhere but here.'' -- Barry Soetoro

[tet68]

“We believe we are acting consistent with the War Powers resolution,” Carney continued.

Gee Mr.Carney, who died and made you president.

He should have said, “The President believes he was
acting consistant with the War Powers resolution.”

Baaah, probably a Ivy league education.

[jazusamo]

"What are they going to do about it?"

Absolutely nothing, and I agree. The House leadership should have been all over this from day one.

[Political Junkie Too]

It's only legal if Obama says that it's legal.

-PJ

[jazusamo]

Impeach Obama, BUMP!

[Digger]

When you live in a Banana Republic it’s what to expect. Oh, you didn’t get that memo.

[Logical me]

Our King answers to no one. He is America's absolute ruler and subject to no laws. Think not?

[jagusafr]

“The measure is nonbinding, but expressly prohibits ground troops”

Uh - K...

[Brett11]

This is really an impeachable offense. I believe that the Republicans in Congress need to draft articles of impeachment.