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  • President Obama Rejected DOJ and DOD Advice, and Sided with Harold Koh, on War Powers Resolution

    06/18/2011 6:10:48 PM PDT · by Kaslin · 12 replies · 1+ views
    Lawfare ^ | June 17, 2011 | Jack Goldsmith
    Charlie Savage has the amazing story that 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.” The Acting head of the Office of Legal Counsel, Caroline Krass, and the General Counsel of the Department of Defense, Jeh Johnson, advised the President that military activities in Libya constituted “hostilities” under the War Powers Resolution and thus Section 5(b) of the WPR required him to terminate or scale back the mission after May...
  • War Powers Act Does Not Apply to Libya, Obama Argues (Obama claims he's above the law)

    06/15/2011 12:44:58 PM PDT · by tobyhill · 173 replies
    NY Times ^ | 6/15/2011 | Charles Savage
    The White House is telling Congress that President Obama has the legal authority to continue American participation in the NATO-led air war in Libya, even though lawmakers have not authorized it. In a broader package of materials the Obama administration is sending to Congress on Wednesday defending its Libya policy, the White House, for the first time, offers lawmakers and the public an argument for why Mr. Obama has not been violating the War Powers Resolution since May 20. On that day, the Vietnam-era law’s 60-day deadline for terminating unauthorized hostilities appeared to pass. But the White House argued that...