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The White House response: We don't need Congressional approval because this is not technically a hostile action (because we don't have ground troops in Libya).
Tonight the NYT has a major bombshell: Two top lawyers -- Jeh C. Johnson, the Pentagon general counsel, and Caroline D. Krass, acting head of the Justice Department’s Office of Legal Counsel -- told The White House otherwise.
Even Attorney General Eric Holder sided with Krass.
But Rather than heed their advice, he instead went with two lawyers with views more favorable to him: Bob Bauer (who is internal at The White House), and State Department advisor Harold Koh.
The White House response: We don't need Congressional approval because this is not technically a hostile action (because we don't have ground troops in Libya).
Presidents have the legal authority to override the legal conclusions of the Office of Legal Counsel and to act in a manner that is contrary to its advice, but it is extraordinarily rare for that to happen. Under normal circumstances, the office’s interpretation of the law is legally binding on the executive branch.
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.
A senior administration official, who spoke on the condition of anonymity to talk about the internal deliberations, said the process was “legitimate” because “everyone knew at the end of the day this was a decision the president had to make” and the competing views were given a full airing before Mr. Obama.
The administration has also emphasized that there are no troops on the ground, that Libyan forces are unable to fire at them meaningfully and that the military mission is constrained from escalating by a United Nations Security Council resolution.
Matthew Miller, a Justice Department spokesman, said, “Our views were heard, as were other views, and the president then made the decision as was appropriate for him to do.”
Originally posted by Kali74
reply to post by The Old American
Of course not, nor is it within your legal right to do so. Can you not see the sensationalism here? Can you not see that President has done nothing illegal or unconstitutional? You have, as anyone else has every right to disagree with Obama's actions. Disagreement however does not make anything he is doing illegal. Can you not see that by making these types of statements credibility is lost, voice gets drowned out laughter and facts?
Originally posted by The Old American
Originally posted by Kali74
reply to post by The Old American
Of course not, nor is it within your legal right to do so. Can you not see the sensationalism here? Can you not see that President has done nothing illegal or unconstitutional? You have, as anyone else has every right to disagree with Obama's actions. Disagreement however does not make anything he is doing illegal. Can you not see that by making these types of statements credibility is lost, voice gets drowned out laughter and facts?
So, it's right to drop bombs on human beings because it's legal? That is your supporting argument for what he is doing? I know you don't believe that. If you think he's the greatest President we've ever had, that's fine. That is okee dokee. But you can truly support his bombing of Libya because it's legal? Because the War Powers Act told him it's OK?
For anyone else, even Ron Paul, it could be, likely is even, sensationalism. But legal != right in this case. Whether you believe they are bringing a suit against him because of a right-wing agenda, or because of law, or humanitarian reasons, the end result is the same as far as this situation goes: he has to stop.
/TOA
Originally posted by The Old American
reply to post by Kali74
Whew. I thought you had taken complete leave.
The whole point here, at least as I read it, is that many people keep telling him that he needs to pull out of Libya. Not just because they feel it's illegal, but because it's wrong.
Hell, let's say it's legal. The problem here is that he has authorized an attack on a country that has not attacked us. And he gets his back up about it every time someone says we need to leave them alone. He can't seem to admit that while he feels he had authorization to do it, he should never have done it in the first place.
/TOA
Originally posted by confreak
reply to post by Vitchilo
I mean if Obama can order the assassination of innocent Americans, then he is obviously above the law. Can someone tell me what Obama can't do.
I'm hoping at least now they realize that US is not a Democracy, that all this fancy technical codes they have placed is for show, it is nothing but a hoax, an illusion. One part of constitution protects your freedom of speech, then we see reports of people being killed for their speech, or wanted dead for their speech. Another part of the constitution is suppose to protect your privacy, then we see spying on Americans in mass scale outside the law.
I mean Americans are aware of this, but why do they still want to believe the illusion?