2 Top Lawyers Lost to Obama in Libya War Policy Debate

NY Times ^ | 17 June 2011 | Charlie Savage

[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.

[MindBender26]

Let me get this right.....

1: Air strikes and a vow to kill Qaddafi are not “hostilities.”

2: The AG and DOD lawyers say no, but his lawyer and Hillary's say “Ok,” so he goes ahead with it!

Where are the Dumb Dove Dems and why aren't they screaming?

[eaglestar]

http://fellowshipofminds.wordpress.com/2010/07/25/mom-of-murdered-obama-gay-lover-speaks-up/

In late May, Wash. DC-based investigative journalist Wayne Madsen had a bombshell revelation about Obama’s membership in a Chicago gay club, Man’s Country. Madsen also reported on Obama’s sexual relationships with other men, including named D.C. politicians and Donald Young, the openly-gay choir-director of the church in Chicago of which Obama was a member for some 20 years — Jeremy Wright’s Trinity United Church of Christ black liberation theology. Obama’s relationship with Young was confirmed by Larry Sinclair, who claims to have had two sex-cocaine trysts with Obama.

Larry Bland

There were two other openly gay men in Wright’s church: Larry Bland and Nate Spencer. In late 2007, as Obama began his ascent to be the Democratic Party’s presidential nominee, in a span of 1½ months, all three men “conveniently” died:

-Bland was murdered execution-style on November 17, 2007;
-Young was murdered execution-style on December 24, 2007;
-Spencer reportedly died of septicemia, pneumonia, and HIV on December 26, 2007.

[EDINVA]

Pretty cool maneuver .. just redefine ‘hostilities’ and, voila! you don’t need Congressional authority. Not unlike how 30% of American kids are suddenly “fat” or “obese” because the govt dropped weight standards. It is whatever you want it to be!

[Jeff Head]

THE MAN WHO HATES AMERICA ND HER CONSTITUTION

[So Cal Rocket]

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.

I really don't understand this arguement... it only solves part of Obama's problem... the "hostilities" clause is only one of three instances where the War Powers Act is made effective. The whole clause is:

SEC. 4. (a) In the absence of a declaration of war, in any case in which United States Armed Forces are introduced--

(1) into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances;

(2) into the territory, airspace or waters of a foreign nation, while equipped for combat, except for deployments which relate solely to supply, replacement, repair, or training of such forces; or

(3) in numbers which substantially enlarge United States Armed Forces equipped for combat already located in a foreign nation; the president shall submit within 48 hours to the Speaker of the House of Representatives and to the President pro tempore of the Senate a report, in writing, setting forth--

(A) the circumstances necessitating the introduction of United States Armed Forces;

(B) the constitutional and legislative authority under which such introduction took place; and

(C) the estimated scope and duration of the hostilities or involvement.

(b) The President shall provide such other information as the Congress may request in the fulfillment of its constitutional responsibilities with respect to committing the Nation to war and to the use of United States Armed Forces abroad

(c) Whenever United States Armed Forces are introduced into hostilities or into any situation described in subsection (a) of this section, the President shall, so long as such armed forces continue to be engaged in such hostilities or situation, report to the Congress periodically on the status of such hostilities or situation as well as on the scope and duration of such hostilities or situation, but in no event shall he report to the Congress less often than once every six months.

While Obama has got everyone arguing about "hostilities" (as mentioned in paragraph (1)), it is obvious that paragraph (2)sets off the Act by virtue of the overflight of Libya with military hardware.

Am I the only one seeing this?

[DrewsMum]

bookmark to look into

[unkus]

Before anyone takes me down, I’ll be knee deep in brass. That’s all.

---

I’ll be right next to you. The bastards are in for a surprise they won’t like.

[Carling]

This is literally an impeachable offense.

It's almost like Barry wants it at this point, yet dumbass Boehner is going to play 18 with him tomorrow.

I'm guessing Barry is just trying to see how far he can go without losing the next election. An impeachment proceeding would probably rally people around him at this point, so I can see where he's coming from. He's playing politics with American troops, all so he can get himself the best angle for his rightful throne.

[unkus]

That sounds like some of those Arkansides under Clinton.

[himno hero]

Reality? They cant do it anyway. There is nothing to replace it with other thn poverty and ignorance for all! Oh.... all overshadowed with 7th c3entury islam

[Jet Jaguar]

The American press seems to think the US military is only refueling or doing recon. The Navy and Air Force are bombing Libya daily with Jets, not UAVS.

I am not sure if the WH lawyers are aware of this.

I for one hope we knock Qadaffi out. But, the potus should have sought authorization.

[unkus]

That’s what they want. Power and greed are all they care about. I’ve always wondered where their “life boats” are hidden. Do they think themselves immune fromm the disaster they are bringing upon us? They have no souls.

[himno hero]

Satan’s children have no souls. The rest are fools.

[newzjunkey]

"2 Top Lawyers Lost to Obama in Libya War Policy Debate" is such a nice, innocuous way to put the headline.

If it were a few years ago we might've seen something like this instead:

"Bush Defiant! Pursues Illegal Libya War Despite Warnings"

[Liberty Valance]

[nikos1121]

IT might be the Jimmy Carter moment we’ve been waiting for.

We’re half way through this dismal presidency. He claims, thanks to him we’re not in a worse depression, when in reality, they havn’t produced any manufacturing jobs.

One thing for sure, the longer this war goes on, the worse it looks. I’m sure when we hit the mile stones of 100 days, 6 moths, one year etc. he’s going to look pretty foolish.

I pray nothing happens to any service man while the Libya thing goes on, but it almost seems inevitable that we are going to lose someone there, or worse yet the person is captured. Then Gaddafi is home free.

This guy is like Castro. He’s going to survive this. And you better watch out America because revenge is hell.

Egypt is now a new platform for future terror. It will become the toilet of the middle east without military over sight there.

Syria, Iran...Is there any doubt that our forces there are keeping the peace as fragile as it is?

Israel is facing the UN resolution of a Palestinian state, and it’s interesting that OBAMA pushes for the 67 borders, probabaly knowing that is what the UN will insist on...

In summary, as bad as this guy is doing now, in a few more months he’ll be looking as inept as Carter. Anyone will be able to beat him. Anyone.

[nikos1121]

SCENES WE LOVE TO SEE:

Grade school. Campaign stop for the annoited one. A question from a freckle faced nerdy kid with horn rimmed glasses.

Question:Mr President, you are a constitutioal lawyer...

Obama: (Interrupting) I am.

Kid:...Our constitution calls for natural born citizenship to be president. Your father was not a citizen of this country. So you are not a natural born citizen, and therefore not eligible to run for the office. How do you explain to us how you are eligible?

Obama: Ah...Thank you for the question... I think I supplied my birth certificate some time ago....to put the matter to rest. Next question.

[athelass]

Today on the show Glenn was asked if Hillary would run for President and he said yes she will because things are going to start to fall apart soon for Obama. I thought he was implying that The One would choose not to run for re-election but perhaps there's more to it than that.

This Israel stuff is more serious than it looks and Libya is part of Obama's campaign against Israel.

Remember the Samantha Power/UN plan? Glenn said the NATO forces in Libya will be used against Israel. What is that thing called? Something about defense of civilians?