Wednesday, June 15, 2011

It's Good to Be King

In a detailed, 30-page report sent to Congress, the administration argued that the U.S. has a limited, supporting role in the NATO-led bombing campaign in Libya. Because U.S. forces are not engaged in sustained fighting and there are no troops on the ground there, the White House contended the president is within his constitutional rights to direct the mission on his own.

UK Guardian

Hey, do what you want....you sure as hell will anyway.

Shame on you, Barack Obama. Shame on you.

UPDATE 7:24pm

[It] is also worth noting that the War Powers Resolution, on its face, is not triggered by a "war," but rather "any case in which U.S. Armed Forces are introduced into hostilities."

Glenn Greenwald

“We are not saying the president can take the country into war on his own,” Mr. Koh said. “We are not saying the War Powers Resolution is unconstitutional or should be scrapped, or that we can refuse to consult Congress. We are saying the limited nature of this particular mission is not the kind of ‘hostilities’ envisioned by the War Powers Resolution.”

NYT

Okay, here’s the snippet of the War Powers Act regarding the reporting to Congress that King Obama is being pressed on:

§ 1543. Reporting requirement

(a) Written report; time of submission; circumstances necessitating submission; information reported

In the absence of a declaration of war, in any case in which United States Armed Forces are introduced—

(1) into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances;

(2) into the territory, airspace or waters of a foreign nation, while equipped for combat, except for deployments which relate solely to supply, replacement, repair, or training of such forces;

I’m not noticing that it is making a distinction about the “kind of hostilities.” And, secondly, the second condition is when US armed forces are introduced into the airspace of a foreign nation while equipped for combat.

April 14, 2011:

Marine Col. Dave Lapan, a Pentagon spokesman, said Wednesday that U.S. fighter jets have attacked Libyan air defense sites to support the no-fly zone.

LATimes

That seems to pretty clearly come under the War Powers Act when I read it.

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