War Powers Act Does Not Apply to Libya, Obama Argues

[The Northerner]

WASHINGTON — 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 the activities of United States military forces in Libya do not amount to full-blown “hostilities” at the level necessary to involve the section of the War Powers Resolution that imposes the deadline.

“We are acting lawfully,” said Harold Koh, the State Department legal adviser, who expanded on the administration’s reasoning in a joint interview with White House Counsel Robert Bauer.

Read more: http://www.nytimes.com/2011/06/16/us/politics/16powers.html

[gkhouston]

1. Anytime someone feels a need to assert, "We are acting lawfully"

it's a good bet they aren't.

[cali]

2. this is really awful. And that Harold Koh is arguing it is shocking and depressing

[Xithras]

3. Odd argument.

The WPA has nothing to do with risks to troops, or risks of escalation. It doesn't even have anything to do with funding. The WPA has to do with the President NOT having the authority to commit the United States into ongoing hostilities without first consulting Congress.

If we were purely in a support role they might have a point (we provided Britain with intelligence, weapons, and other war materiel in WW2 LONG before we actually joined the fighting), but we're actually dropping bombs on the Libyans. There is no clause in the WPA stating that remotely manned weapons "don't count".

Hopefully they'll be challenged on this. With the military increasingly becoming computer and remote controlled, and remotely operated combat fighters in active development, this idea that we don't have to seek Congressional approval unless there's a "risk to the troops" needs to be shot down quickly.

[Angry Dragon]

4. Every day this man becomes less and less the man I voted for

He can find a spine when it comes to killing people in other countries
but when it comes to fighting for the American people he can not find a spine

[arcane1]

5. It's nice to know that drone-fired missiles are not "hostile"

Maybe I'll shoot some off on July 4th :eyes: