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2 Top Lawyers Lost to Obama in Libya War Policy Debate

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posted on Jun, 18 2011 @ 12:26 PM
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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.
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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.

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You read it right here. Ordinarily the Office of Legal Counsel's interpretation of the law is legally binding on the President of the United States and rarely does the President go against the judgement of this Consel but President Obama did. Following a few of his close advisers and his own opinion on the subject he decided that there was no need for authorization from the Congress as our soldiers were not involved in any hostilites, even though they are bombing locations in Libya and fighting Libyan ground forces from the air.

My opinion on this issue has been perfectly clear. Not only do I believe the War Powers Act is law and must be enforced, even in this situation, and do not in any way accept the notion that a UN Resolution gives the President the authority to engage in foreign conflicts but if any military engagements are pursued without direct authorization from the Congress then it is an illegal and unconstitutional engagement. But I guess that is not important today anyway. Government doesn't have to follow the law, didn't you know?




posted on Jun, 18 2011 @ 12:35 PM
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Why should a known criminal follow any rules.

Why didnt anyone ever bring up the fact Senator Obama gave $100,000.00 dollars of his own money to fund arms for the Kenyan genocide. He is already an accessory to murder and Genocide. He belongs at the world court for his sentence of life imprisonment.



posted on Jun, 19 2011 @ 12:29 PM
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reply to post by Misoir
 


God this war powers debate is annoying.

The War Powers At was passed in response to vietnam, and has been rejected by just about every single president there is, regardless of party affiliation. Why?

Because it places stipulations on the Presidents ability to be Commander in Chief.

Congress, because they are more concerned with the way they look and less concerned about their job, are morons plain and simple.

Congress already has the authority to stop military action that the Commander in Chief takes. How?
Congress retains the power of funding, and whether they will or will not fund a military deployment. Isntead of running the risk though of appearing to not suppoort the troops, Congress found an easy way out. Pass the war powers act and make the President look like he supports or does not support the troops.

The Constitution syas the President is The Commander in Chief of our Military.
The Constitution says Congress retains control of the purse strings, and its up to them to either fund or not fund.

So here we are -
The PResident exercised his Constitutional authority as Commander in Chief and involved our military in Libya.
The Us Congress now must exercise their Constitutional authority - Do they fund or not fund Libyan operations?

The War Powers act is nothing but a "blame the other person" legislation.

For once I wish Congress could do its job without devolving into another gavel pounding, partisan BS fest.



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