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WH to Congress: War Powers Act doesn’t apply to Libya because we’re not engaged in “hostilities”
Hotair ^ | 06/15/2011 | Allahpundit

Posted on 06/15/2011 7:39:20 PM PDT by SeekAndFind

So predictable that even a dummy like me saw it coming.

The two senior administration lawyers contended that American forces have not been in “hostilities” at least since April 7, when NATO took over leadership in maintaining a no-flight zone in Libya, and the United States took up what is mainly a supporting role — providing surveillance and refueling for allied warplanes — although unmanned drones operated by the United States periodically fire missiles as well.

They argued that United States forces are at little risk in the operation because there are no American troops on the ground and Libyan forces are unable to exchange meaningful fire with American forces. They said that there was little risk of the military mission escalating, because it is constrained by the United Nations Security Counsel resolution that authorized use of air power to defend civilians.

“We are not saying the president can take the country into war on his own,” Mr. Koh said. “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.”

In fact, we’re really not “constrained” by the UN’s Libya resolution. That’s why it was big news last week when NATO finally admitted that it’s targeting Qaddafi after spending the past three months insisting that it was only acting to protect Libyan civilians. There’s no “constraint” if the meaning of the resolution can change at the coalition’s whim, and since when is congressional oversight of U.S. military action satisfied by UN constraints anyway? But never mind that. The bigger issue, per the boldfaced bits, is that the White House is actually offering three distinct rationales for why the WPA might not apply. Do all three need to obtain in order to render the Act inoperative or will any one suffice? I doubt even Obama is hubristic enough to send ground troops into battle without congressional approval, so the “no forces at risk” condition is mandatory. Not sure about the other two, though. What happens if France and Britain decide to end the mission, forcing NATO to hand things back over to the U.S., and O elects to ramp up the drone strikes in an all-out bid to topple Qaddafi? There still wouldn’t be any forces at risk, but the “support role” and “no chance of escalation” conditions would be violated. Where would that leave us in terms of deciding whether the WPA applies?

Whatever. They’re doing this not because they feel duty-bound to explain but because Boehner put them in a bind yesterday at a moment when there may, finally, be light at the end of the tunnel for the mission. The rebels are advancing towards Tripoli under cover of NATO air power and, according to David Ignatius, an envoy sent by Qaddafi’s intelligence chief is prepared to offer a deal in which Qaddafi would cede power and “retreat into the desert” in return for sparing his life. O’s probably hoping/expecting that his “no hostilities” argument will give Boehner enough political cover to hold off on legal action for a few more weeks until we see how things shake out on the ground. Not everyone in the House is prepared to be so accommodating — below you’ll find video of Kucinich and a few others announcing their intent to sue The One over the WPA — but my guess is that that suit will fail under the “political question” doctrine anyway, so Boehner will be in no hurry to join it. One question I’m left with: What’s the difference, according to the White House’s War Powers logic, between what we’re doing in Libya right now and what we’re doing in Yemen? Special Ops has been using drones and remotely piloted planes in Yemen for years; CIA drones are set to join the battle soon to provide more firepower against Al Qaeda. So while there are no U.S. forces at risk, the mission is escalating and we’re not in a support role. Does that mean the WPA does or doesn’t apply? Or is it the White House’s position that the 2001 Authorization to Use Military Force passed after 9/11 lets it go after AQ anywhere, in perpetuity, so that a new congressional authorization isn’t needed?

CLICK ABOVE LINK FOR THE VIDEO



TOPICS: Constitution/Conservatism; Foreign Affairs; Government; News/Current Events
KEYWORDS: congress; kinetic; libya; obama; warpowersact
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1 posted on 06/15/2011 7:39:25 PM PDT by SeekAndFind
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To: SeekAndFind

I’m sure that when William Ayers was bombing the Pentagon, he would have denied that he was engaging in hostilities. Just, you know, trying to encourage reforms in the other party.


2 posted on 06/15/2011 7:41:42 PM PDT by ClearCase_guy (The USSR spent itself into bankruptcy and collapsed -- and aren't we on the same path now?)
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To: ClearCase_guy; SeekAndFind
We’re not being hostile.

We’re just killing people and breaking things.

3 posted on 06/15/2011 7:44:26 PM PDT by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit.)
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To: SeekAndFind

Didn’t they say this is a kinetic military action? In that case, then, we’re saying it’s something else, not hostilities.

We’re in Orwell’s 1984, aren’t we? Now we have to debate the meaning of hostilities and other terms used to describe what we’re doing in Libya.

This is starting to sound like Bill Clinton defining the word “is”. As long as the Obamabots think they can call this something other than hostilities, they will stick with that and ignore any effort from Congress to get compliance with the War Powers Act.


4 posted on 06/15/2011 7:46:00 PM PDT by Dilbert San Diego
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To: SeekAndFind

These little skirmishes with canned speeches, teleprompters, mouthpieces and minions. Or a president that is convincing with what he says, instead of just arrogance and aloofness.

When are we going to see a real broadside across the bow of the White House? And RATS fleeing from the sinking ship.


5 posted on 06/15/2011 7:46:20 PM PDT by K-oneTexas (I'm not a judge and there ain't enough of me to be a jury. (Zell Miller, A National Party No More))
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To: SeekAndFind

The postmodern mind at work. White is black if a liberal says it is.


6 posted on 06/15/2011 7:49:00 PM PDT by Fantasywriter
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To: SeekAndFind

So killing people in libya is only hostile if they manage it to fire back?


7 posted on 06/15/2011 7:49:50 PM PDT by darkside321
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To: SeekAndFind

They’re not just Smart Bombs, they are also Nice Bombs.


8 posted on 06/15/2011 7:54:48 PM PDT by tobyhill
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To: SeekAndFind

Who’s responsibility (constitutionally and legally) to make that determination?

Is it the President?
Is it the Senate?
Is it the House of Representatives?
Is it the Supreme Court?
Is it one (or both) parties?
Is it the Press?
Is it the American People (By popular vote)?
Is it the CIA or FBI?

I believe it is the House of Representatives.
(we will just have to wait and see now this is resolved to determine if our constitution is still a valid document.)


9 posted on 06/15/2011 7:55:20 PM PDT by jongaltsr (It)
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To: tobyhill

They’re not just Smart Bombs, they are also Nice Bombs.


Yeah maybe we should allso paint a big smiley or a peace sign on every bomb so they aren´t this “evil” anymore.


10 posted on 06/15/2011 7:58:24 PM PDT by darkside321
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To: SeekAndFind

Thats not a bomb. That is just a pat on Gaddafi’s backside.


11 posted on 06/15/2011 8:02:19 PM PDT by Moorings
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To: SeekAndFind
Democrat bombs are not hostile.

They are bombs of peace, love & harmony.

Nothing like evil, hateful Republican bombs!

12 posted on 06/15/2011 8:14:19 PM PDT by sjmjax (Politicans are like bananas - they start out green, turn yellow, then rot.)
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To: SeekAndFind

It’s deja-vu all over again. In the 1950s, with a dimocRAT in the White House, we started a war against communism in Korea....and we STILL have troops deployed there 60 years later!. But the RATS played word games then, too. They said it was only a “Police Action.” This time they haven’t even bothered to make up a phony-baloney name for it!


13 posted on 06/15/2011 8:15:06 PM PDT by Tucker39
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To: SeekAndFind
“We are not saying the president can take the country into war on his own,” Mr. Koh said. “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.”

This is Obama not making war:


14 posted on 06/15/2011 8:15:29 PM PDT by Talisker (When you find a turtle on top of a fence post, you can be damn sure it didn't get there on its own.)
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To: SeekAndFind

None of this crapola is “war.” In war, you try to kill the enemy with extreme prejudice and you don’t waste time worrying about anyone who happens to get in the way. And you just kill them and kill them and kil them until they give up.

People should Google “bombed out Dresden” to see what war is. Or, Hiroshima.

What the USA does nowadays is expeditonary military/bureaucratic nation building operations that are open-ended and by and large pointless because they occur in backwater places that are inhabited by rabid mongrels.

What people call “war” should be called “great big wastes of money and (mainly) young American lives.”

Or, “stupidity” for short.


15 posted on 06/15/2011 8:17:03 PM PDT by PaleoBob
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To: SeekAndFind

When this thing with Libya started, the WH issued the new term “KINETIC MILITARY ACTION”.

Now, you know why.


16 posted on 06/15/2011 8:18:05 PM PDT by UCANSEE2 (Lame and ill-informed post)
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To: Dilbert San Diego

It depends what the meaning if IS is. Just one more gem from those cretans across the aisle.....who John McLame, et al, just can’t resist holding hands with and singing Kumbaya!


17 posted on 06/15/2011 8:18:54 PM PDT by Tucker39
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To: K-oneTexas

I think the “broadside” will be fired in November 2012. And I have one certain wonderful, beautiful, stalwart “broad” in mind to carry it out; that, of course, being Sarah Palin. And I hasten to say, that when I use the term “broad” I mean it in the way old Blue Eyes Sinatra would use it........as a term of endearment.


18 posted on 06/15/2011 8:23:45 PM PDT by Tucker39
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To: SeekAndFind

We’ve burned $1 billion in 90 days. Time to stop helping the Muslim
Brotherhood sieze another country.


19 posted on 06/15/2011 8:23:56 PM PDT by Myrddin
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To: SeekAndFind

I think that I have read several article that quoted foreign officials, saying that the US is most definitely in the lead role of the NATO actions against Libya.


20 posted on 06/15/2011 8:29:31 PM PDT by Eva
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