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2 Top Lawyers Lost to Obama in Libya War Policy Debate
NY Times ^ | 17 June 2011 | Charlie Savage

Posted on 06/17/2011 6:54:40 PM PDT by Hoodat

WASHINGTON — 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.

But Mr. Obama decided instead to adopt the legal analysis of several other senior members of his legal team — including the White House counsel, Robert Bauer, and the State Department legal adviser, Harold H. Koh — who argued that the United States military’s activities fell short of “hostilities.” Under that view, Mr. Obama needed no permission from Congress to continue the mission unchanged.

(Excerpt) Read more at nytimes.com ...


TOPICS: Breaking News; Constitution/Conservatism; Foreign Affairs; Government; News/Current Events
KEYWORDS: carolinedkrass; doj; fascism; highcrimes; impeachment; imperialism; imperialpresidency; jehcjohnson; libya; obama; obamaswar; oup; pentagon; unconstitutional; warpowers; warpowersact
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I really hope the SCOTUS slaps him down on this. Forget the War Powers Act, this is purely a Constitutional issue. Congress, and only Congress can authorize engaging in war.
1 posted on 06/17/2011 6:54:44 PM PDT by Hoodat
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To: Hoodat

Arrogance beyond belief.


2 posted on 06/17/2011 6:58:50 PM PDT by dandiegirl
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To: Hoodat

Wow. This is much more intentional than I realized. Personally, I think the situation has little to do with Libya, but is really intended to show that Obama don’t need no stinkin’ law or Constitution.


3 posted on 06/17/2011 6:59:31 PM PDT by livius
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To: Hoodat
They didn't "lose" to Obama - the usurper is simply ignoring them.

Impeach him now!

4 posted on 06/17/2011 6:59:38 PM PDT by raybbr (People who still support Obama are either a Marxist or a moron.)
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To: raybbr

I hope this bites him in the backside.


5 posted on 06/17/2011 7:02:21 PM PDT by willibeaux (de ole Korean War vet age 81)
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To: Hoodat
this is purely a Constitutional issue

Marxist dictators don't respect the Constitution.

6 posted on 06/17/2011 7:02:32 PM PDT by BipolarBob (There, but for the lack of Jose Cuervo, stumble I.)
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To: livius

Libya is just a stinking sideshow. Have you been watching Iran’s moves while America is pre-occupied focusing on Obies side show?

Our community organizer has much more on his personal agenda than he lets on.

AND it ain’t good for America.


7 posted on 06/17/2011 7:04:44 PM PDT by himno hero ("Armageddon is well seeded, America will pay"... Barrack Obama's vision)
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To: Hoodat

Bump.


8 posted on 06/17/2011 7:05:03 PM PDT by GlockThe Vote (F U B O ! ! !)
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To: Hoodat
"Lawyers? We don't need no stinkin' lawyers..."
9 posted on 06/17/2011 7:05:40 PM PDT by Beaten Valve
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To: Hoodat

SOMEBODY PLEASE PUT THE CONSTITUTION ON HIS TELEPROMPTER.


10 posted on 06/17/2011 7:07:33 PM PDT by grumpa (VP)
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Comment #11 Removed by Moderator

To: Hoodat

How could it be “hostilities” when it isn’t a war, it’s a “kinetic military action”. It’s not bombs they are dropping, they are “regime change encouragement devices”.


12 posted on 06/17/2011 7:09:40 PM PDT by Blood of Tyrants (Islam is the religion of Satan and Mohammed was his minion.)
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To: grumpa
SOMEBODY PLEASE PUT THE CONSTITUTION ON HIS TELEPROMPTER.

It would cause him to go blind.

13 posted on 06/17/2011 7:09:57 PM PDT by Navy Patriot (Holy flippin' crap, Sarah rocks the world!)
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To: livius

It is to entrench a radical jihadist faction in yet another oil producing nation.


14 posted on 06/17/2011 7:10:11 PM PDT by Psalm 144 (Voodoo Republicans: Don't read their lips - watch their hands.)
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To: Hoodat

So the Pentagon and DOJ think O has crossed the line toward dictatorship perhaps? The evil Bush didn’t do this but Hope and Change did? I guess this is an argument for asking for the content of hope and change? Of course this is the most transparent administration in history so why worry?


15 posted on 06/17/2011 7:10:55 PM PDT by JimSEA
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To: Hoodat

assuming this is accurate, this is simply an exercise in flexing his muscle as a dictator-in-chief. Remarkable. I bet he has the same attitude toward election laws.


16 posted on 06/17/2011 7:11:14 PM PDT by ilgipper ( political rhetoric is no substitute for competence (Thomas Sowell))
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To: Hoodat
I really hope the SCOTUS slaps him down on this.

HAHAHAHAHA....HOHOHOHOHO....HAHAHAHA....stop it....HAHAHAH...HOHOHO...your killing me.

Do you honestly believe that those 9 black robed jackwagons are going to intervene?

17 posted on 06/17/2011 7:11:44 PM PDT by Lurker (The avalanche has begun. The pebbles no longer have a vote.)
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Comment #18 Removed by Moderator

To: Hoodat
"After several meetings and phone calls, the rival legal analyses were submitted to Mr. Obama, who is a constitutional lawyer, and he made the decision."

Snicker - my dog is a better Constitutional lawyer than BO

19 posted on 06/17/2011 7:12:45 PM PDT by RightGeek (FUBO and the donkey you rode in on)
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To: Hoodat

“He rejected ... he decided.” Like a f’ing dictator.


20 posted on 06/17/2011 7:14:01 PM PDT by bboop (Stealth Tutor)
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