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A bipartisan group of 10 lawmakers is suing President Barack Obama for taking military action against Libya without war authorization from Congress.
The lawmakers say Obama violated the Constitution in bypassing Congress and using international organizations like the United Nations and the North Atlantic Treaty Organization to authorize military force.
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
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.