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Power outage: Libya war shows limits of War Powers Act

The President has complied with the WPA in every way.

No, that is false.

The key Section 1541(c) reads:

(c) Presidential Executive Power as Commander-in-Chief; Limitation The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.

Can you point out the "imminent involvement in hostilities" there were with Libya?
 
From the thread:

I read the article in the OP yesterday* and my initial reaction was, "WTF?". Then I thought about it and can understand where the President is coming from although I believe his interpretation is wrong. But for the sake of argument, the following analysis of the President's decision may shed some light on his point of view, specifically:

The Administration argues that once it starts firing missiles from drones it is no longer in “hostilities” because U.S. troops suffer no danger of return fire and no danger of casualties, and (in contrast to ground troops) drones can easily be removed from the fight if Congress so decides. (Note that this argument implies that the President can wage aggressive war with drones and all manner of offshore missiles without having to bother with the War Powers Resolution’s time limits. So the implications here, in a world of increasingly remote weapons, are large.)

Of course, the counter-argument to the above is what immediately follows the above statement:

One difficulty in assessing the argument is that the WPR does not define “hostilities.” But common sense suggests that firing missiles from drones that kill people over an extended period of time pursuant to a U.N.-authorized use of force constitutes “hostilities.” So too do standard definitions of the term “hostilities,” which refer to acts or states of warfare or violence or unfriendliness without reference to the vulnerability of the aggressor or the reciprocity of the fighting (though of course “hostilities” can refer to reciprocated fighting).

So, those who consider "hostilities" to include any aggressive or violent action or activities where gunfire or any military armorment is exchanged between two warring factions would be correct. I support this view. However, what I found interesting from the House Resolution (H. Res. 292) that Speaker Boehnor supports was the wording from section 1, paragraph (3):

(3) The President shall not deploy, establish, or maintain the presence of units and members of the United States Armed Forces on the ground in Libya unless the purpose of the presence is to rescue a member of the Armed Forces from imminent danger.

The position the Congressional Resolution outlines here concerning the non-use of combat forces on the ground in Libya is exactly the sitution the President not only supports but has maintained since NATO took the lead in this military campaign. Therefore, I really don't see where the problem is here since both sides agree to the non-use of ground troops in this case.

My contention is very simple: If Congress truly believes the President is in violation of the WPA or the Constitution, all they have to do is say so and demand that the President withdraw from Libya from the air, sea and land. The mere fact that the resolution only restricts the use of ground forces and doesn't rescind the use of our Navy or Air Force tells me that Congress supports what the President is doing.

*Note: Same article appears in the NYTimes which is the linked article referenced in the OP.
 
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too many angels on that pin

meanwhile, it aint just drones:

the united states conducts "70 per cent of reconnaissance missions, over 75 per cent of refuelling flights and 27% of all air sorties" flown by nato over there, according to financial times of london linked above

either way, it's his war, he's increasingly isolated

and what he breaks WE own

stay up
 
too many angels on that pin

meanwhile, it aint just drones:

the united states conducts "70 per cent of reconnaissance missions, over 75 per cent of refuelling flights and 27% of all air sorties" flown by nato over there, according to financial times of london linked above

either way, it's his war, he's increasingly isolated

and what he breaks WE own

stay up

"and what he breaks WE own"
Yes indeedy! So he should kill all those damn Libyan civilians while he has a chance because otherwise we will have to support them all just like Qaddaffi does. We don't need them, just the OIL. A very Corporate agenda, don't you think?
 
We don't need them, just the OIL. A very Corporate agenda, don't you think?
So, in your opinion then we are fighting this war (or not fighting it) to provide European corporations with inexpensive oil?
 
So, in your opinion then we are fighting this war (or not fighting it) to provide European corporations with inexpensive oil?

Just a guess, but I would guess that one or more of Exxon/Mobil's 128 tankers will make a nickel or dime per gallon transporting it. Chevron may move some and BP and Shell and it is the distribution network. My guess is the Libyan engineers in the Libyan National oil business can find other work. Perhaps pounding sand. Lots of new exploration by non'Libyans will follow as night follows day. Those non-Libyans will have names like BP, Shell, Exxon/Mobil, Chevron, Halliburton (now where have I heard that?), KBR, etc. And it will all be protected by contractors with names like Z. Who'd a thunk it?
 
"and what he breaks WE own"
Yes indeedy! So he should kill all those damn Libyan civilians while he has a chance because otherwise we will have to support them all just like Qaddaffi does. We don't need them, just the OIL. A very Corporate agenda, don't you think?

Your broken record is getting rather old...
 
I don't think we can afford any military action in Libya, considering we're having trouble paying our own bills at home.

I think Obama has overstepped the authority granted the executive branch, and I don't care who you think did it before, it doesn't make it right this time.

I think Obama got a lot of mileage out of bashing Bush over various issues, but as time goes on, he keeps proving that he can't (or won't) do better. This issue is no exception.
 
I don't think we can afford any military action in Libya, considering we're having trouble paying our own bills at home.

I think Obama has overstepped the authority granted the executive branch, and I don't care who you think did it before, it doesn't make it right this time.

There are some who agree with you and will say that "two wrongs don't make a right," but the historical evidence of a President's authority to use the military in limited roles places this debate on President Obama's side. At issue continue to be the following as outlined in an article from Politico.com:

So after nearly a decade of fighting in Afghanistan and Iraq, which has cost thousands of American lives and nearly $1.3 trillion, a Libya mission that is comparatively inexpensive — less than $1 billion so far — and does not require ground troops has become the battleground for questions over the extent of the president’s power and Congress’s willingness to let him use it.

It all amounts to a historic test of Congress’s constitutional role as the war-making branch of government, the viability of the Vietnam-era War Powers Act and the ongoing public appetite for American military engagement abroad. Not only is Obama clashing with critics in Congress, but the Republicans competing to take him on in the 2012 presidential election debated the matter at their New Hampshire forum last week.

Ultimately, there are two issues at play: The first is whether the U.S. should be involved in Libya, and the second is whether the president needs congressional approval to continue American operations in that theater. After three months of debate on Libya, they have become intertwined in some minds. Republicans who have historically backed a robust presidency say Obama is violating the War Powers Act. Meanwhile, Democrats who have sought to limit presidential war-making power are comfortable with Obama’s belief that the War Powers law doesn’t apply to the situation in Libya.

Frankly, I firmly believe that if Congress didn't want our armed forces in Libya all they have to do is vote overwhelmingly on a congressional resolution demanding that the President withdraw all military from the region. But they haven't. Yesterday was the 90-day mark. I'd think that if this truly were an issue Congress had a problem with they'd have had the resolution drafted, brought it before the House floor and voted accordingly for thing this morning. But they haven't. Why?

Only a handful of politicians on both sides of the aisle are calling for a withdrawal (or for the President's head for that matter). Why not the entire Congress (or a significant majority)? I think people really need to start asking themselves this question.

Again, I don't agree with the President that we are not involved in hostilities in Libya, but I can support his attempts to restrict placing our servicemena and women in harms way by not allowing combat forces in theater. Even Congressional Resolution H. Res. 292 calls for "no boots on the ground in Libya". Furthermore, if Congress really wanted to restrict our military involvement in Libya still further, all they have to do is include in the resolution "no use of drones, military gunships, air-to-ground offensive weapons including fighter planes or air-to-ground missiles will be used" and that puts a complete lid on the matter. But they haven't done that either. Why?

I think Obama got a lot of mileage out of bashing Bush over various issues, but as time goes on, he keeps proving that he can't (or won't) do better. This issue is no exception.

In times of war on the advice of member of the incoming Administration, the incoming President usually carries forward with some policies from his predecessor. It's not uncommon. :shrug:
 
In times of war on the advice of member of the incoming Administration, the incoming President usually carries forward with some policies from his predecessor. It's not uncommon. :shrug:

During the election campaign Barrack Obama denounced the Bush policies but he now is not only continuing with them, he is expanding on them.

If it wasn't so serious, and the fact that it lasts four years, it might have been quite a funny joke that's been played on the American electorate.
 
Ok, so he is not using the WPA. That is officially irrelevent?

That blunder of a strike might have missed Gaddafi.
 
if he's following his predecessor's policies he'd get that resolution

meanwhile, bigger picture:

what's the mission?

what's the time frame?

what's the exit strategy?

what's the follow up?

are you sure this guy knows what he's doing?

i'll bet ms krass isn't

oh, well, party on, partisans
 
During the election campaign Barrack Obama denounced the Bush policies but he now is not only continuing with them, he is expanding on them.

If it wasn't so serious, and the fact that it lasts four years, it might have been quite a funny joke that's been played on the American electorate.

Reagan didn't nullify every executive order issued by Carter.

Bush, Sr, didn't revise every law signed by Reagan.

Clinton didn't undo every internal review conducted by Bush, Sr.

Bush, Jr., didn't seak to repeal every law signed by Clinton.

I don't see Pres. Obama needing to go out of his way to turnover every EO, internal review or law GWB signed just because he became our nation's 44th President.

Every new administration builds upon the next. I'm sure that there are things the Obama Administration is doing or trying to do slightly differently than his predecessor. Problem is we're still in 2 wars and much of what GWB did he did via the Justice Department and much of that is now law (i.e., extending the Patriot Act which in many respects is still a very powerful tool in capturing terrorist here and abroad).

I know presidential candidates come into an election thinking they're going to systematically "change the world," but I'm sure every new president will tell you (if he could) that "saying" and "doing" are two completely different things. For example, according to the book, "The Promise: President Obama, Year One," by Jonathan Alter President-elect Obama was briefed on the "Pakistan situation" long before he was inagurated. But could he deal with the Pakistani government exactly as he wished? No. Why? Because we still needed them to help root out terrorist. Yes, I know they haven't been of much help, but until you know the full details of the secret briefing the incoming President was given (and no, they weren't disclosed in the book), you really don't know why it is so difficult for our government to just cut them off completely. That said, now that OBL is dead we have far more negotiating power with Pakistan than we ever had before. Hence, the reason we're now sending Preditor Drones in the mountain region between Pakistan and Afghanistan where many of the insurgents tend to hide, and we're doing it relatively without a care what the Pakistan government thinks or threatens to do.

Gitmo is another example of how things aren't as straigh-forward as they seem. The way the GW Bush administration used the legal system to surpress classified evidence on detainees from ever being shown to the public let alone in any court of law makes it extremely difficult to give these terrorist suspects a "fair trail under the law" even when using military tribunals. But until you understand how things came about and just how difficult it is to unwind them you really don't know how difficult it will be to close Gitmo until both wars are over.

I understand what you guys are getting at, however..."say one thing, do another"...but I tend to put such things under the heading of "tried, but OBE...(Overcome By Events)," put it in its proper context and just let it go because the reality is there's nothing can be done about Pakistan or Gitmo until extermal circumstances change, i.e., both wars end.

Now, getting back to the President, Libya and Congress...it's day 91 and no official resolution calling for a total withdrawal of our military nor his impeachment. Hmmmmm....
 
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Reagan didn't nullify every executive order issued by Carter. Bush, Sr, didn't revise every law signed by Reagan. Clinton didn't undo every internal review conducted by Bush, Sr. Bush, Jr., didn't seak to repeal every law signed by Clinton. I don't see Pres. Obama needing to go out of his way to turnover every EO, internal review or law GWB signed just because he became our nation's 44th President.

But of course, unlike those Presidents you mentioned, Barrack Obama made the distinct promises during his campaign that he would overturn almost all the Bush policies. This he has not done. Instead he has built on the Bush policies.

Every new administration builds upon the next. I'm sure that there are things the Obama Administration is doing or trying to do slightly differently than his predecessor. Problem is we're still in 2 wars and much of what GWB did he did via the Justice Department and much of that is now law (i.e., extending the Patriot Act which in many respects is still a very powerful tool in capturing terrorist here and abroad).

Actually BHO has , and illegally it seems, involved the US in a third war.
I know presidential candidates come into an election thinking they're going to systematically "change the world," but I'm sure every new president will tell you (if he could) that "saying" and "doing" are two completely different things.

And yet that never prevented BHO from saying he could make those changes. In ffact it was part of his campaign slogan.. He made promises either he knew he couldn't keep or didn't know he couldn't keep them. The choice appears to be him being a liar or ignorant.
That said, now that OBL is dead we have far more negotiating power with Pakistan than we ever had before.

There is no evidence of that at all. In fact the Pakistani government is quite upset and have even arrested Americans they believe were involved in the elimination of UBL..

Hence, the reason we're now sending Preditor Drones in the mountain region between Pakistan and Afghanistan where many of the insurgents tend to hide, and we're doing it relatively without a care what the Pakistan government thinks or threatens to do.

That doesn't seem to gibe with your earlier statement that there is more negotiating power. It suggests instead that there is no need for negotiations.

Gitmo is another example of how things aren't as straigh-forward as they seem.

I knew it wasn't so straightforward and so did many millions of others. How could Barrack Obama not know??

The way the GW Bush administration used the legal system to surpress classified evidence on detainees from ever being shown to the public let alone in any court of law makes it extremely difficult to give these terrorist suspects a "fair trail under the law" even when using military tribunals. But until you understand how things came about and just how difficult it is to unwind them you really don't know how difficult it will be to close Gitmo until both wars are over.

So Bush was right? Actually many people realized that the Bush administration was right on these issues and that BHO was blowing hot air, but it seems that the majority of the voters really wanted to believe him and the devil with facts.
I understand what you guys are getting at, however..."say one thing, do another"...but I tend to put such things under the heading of "tried, but OBE...(Overcome By Events)," put it in its proper context and just let it go because the reality is there's nothing can be done about Pakistan or Gitmo until extermal circumstances change, i.e., both wars end.

Ending both wars is what BHO promised, despite things going very well in Iraq. Many never believed Barrack Obama, and pointed out his errant beliefs, but not enough people listened. In fact many still aren't listening and continue to believe in him, despite all the evidence of his ineptitude.

Now, getting back to the President, Libya and Congress...it's day 91 and no official resolution calling for a total withdrawal of our military nor his impeachment. Hmmmmm....

And what does that mean to you? That it will not happen? That what he is doing in this third war is legal?
 

Nuance, don't ya' think? If we can kill off all the civilians, it will definitely prevent Qaddaffi from killing civilians and that is the stated NATO purpose and UN resolution. OIL don't come cheap. Yummy and look at all the unexplored Libyan OIL fields. No Qaddaffi, nobody threatening Nationalisation of the peoples OIL. That be our OIL under their sand. In a manner of speaking, of course, the OIL majors still want $95/barrel. Distribution is what? Could anyone take a look at the distribution. The network. The owners. The people enjoying the booty, as it might be said.
 
yesterday:

Possible cracks emerged in NATO's Libya air campaign Wednesday as Italy expressed concern about the accidental killing of civilians and called for a suspension in hostilities to allow the delivery of humanitarian aid. However, Britain insisted the alliance was "holding strong."

Skepticism over the military campaign is growing as weeks of airstrikes have failed to unseat Libyan leader Muammar al-Qaddafi and outrage rises over allegations that airstrikes have caused civilian casualties.

The air campaign continued Wednesday. At least two explosions shook Tripoli before noon as fighter jets soared overhead. It wasn't immediately clear what had been hit or if there were casualties.

Possible Cracks Emerging in NATO's Libya Military Campaign - FoxNews.com

hostilities, anyone?
 
today:

Secretary of State Hillary Clinton will make the president’s case for the U.S. mission in Libya directly to Democrats Thursday afternoon as the Obama administration works to save itself from the political damage if it were to lose twin votes on the conflict on the House floor Friday.

The White House requested an audience for Clinton, the nation’s top diplomat, with the full Democratic Caucus, which includes a large contingent of liberals upset about the Libya conflict.

As Clinton was scheduled to begin her talk just after noon, the leaders of the Congressional Progressive Caucus issued a statement urging Democrats to vote to block funding for the mission.

“The U.S. has been engaged in hostilities for over 90 days without congressional approval, which undermines not only the powers of the legislative branch but also the legal checks and balances put in place nearly 40 years ago to avoid abuse by any single branch of government,” wrote Reps. Raul Grijalva, Lynn Woolsey, Michael Honda and Barbara Lee. “We call on our colleagues in Congress to exercise their legitimate authority and oversight and immediately block any funding for this war.”

Their caucus of liberals represents the largest subset of the Democratic Party in the House.

House Speaker John Boehner (R-Ohio) has scheduled votes on whether to authorize the use of force in Libya — a resolution that is likely to fail — as well as a bill that would prohibit the use of government funds for hostilities.

Many House Democrats are wary of engaging in a third front with the wars in Iraq and Afghanistan continuing to drain American resources. Some are simply upset with Obama for failing to seek congressional approval for the mission and then announcing that he need not comply with the War Powers Act because American involvement in Libya doesn’t constitute “hostilities.”

Republicans share many of the same sentiments about the Libya mission and Obama’s attitude toward Congress. Throw in the basic partisan clash between a House led by Republicans and a White House occupied by a Democrat and there’s little support for Obama’s policy in GOP circles.

Hillary Clinton defends Libya to Democrats - Jonathan Allen - POLITICO.com
 
today:

As the House prepares to vote on defunding American military actions in Libya, a new poll finds support for U.S. engagement there falling sharply, particularly among Republicans.

Just 39 percent of people polled by Gallup Wednesday said they approve of U.S. participation in the NATO-led military action against dictator Muammar Qadhafi, a 12 percentage point drop from a March survey.

The poll found support has dropped precipitously among Republicans. In March, 57 percent of Republicans Gallup surveyed supported Obama sending troops to Libya to try to oust Qadhafi. In the latest poll, 39 percent expressed support.

of course, the commander in chief did not sell the libya mission as an effort "to oust qadhafi"

no, it was all about protecting civilian lives and maintaining the credibility of nato

what support would gallup find for the mission stated by the prez

Among independents, support fell from 38 percent to 31 percent, while support has increased slightly among Democrats, from 51 percent to 54 percent.

Poll: GOP support for Libya action drops sharply - Reid J. Epstein - POLITICO.com

democrats, evidently, are less dismissive of a war represented to them as precluding "hostilities," which was sold as swift (lasting "days, not weeks"), which is sposed to be fought by nato (which the defense secretary called out correctly as a hollow alliance), which if successful necessarily entails nation building...

more power to em, of course, and their principles...

party on, progressives
 
alcee hastings, the florida rep who we learned this week is under ethics investigation for harrassment, who in 1989 was removed by the us senate from a florida judgeship for taking a 150 thousand dollar bribe, is sponsor of the bill authorizing whatever the heck it is barack the slasher is trying to accomplish in the skies above libya

per cspan ten minutes ago, hastings was defeated, 123 to 295

70 dems broke with the white house over libya, 115 stuck it out

8 republicans broke ranks, i don't know who

fyi

the rooney bill is up next---DEFUND
 
Five days past the 90-day deadline and Congress is still deliberating...

Just as an FYI, here are two opposing views on what the legal military definition of "hostilities" means and/or how former Presidents have defined it during previous armed conflicts.

White House Clarifies Position on Libya and the WPR: US Forces Not Engaged in “Hostilities”

Notre Dame Expert: U.S. is “most definitely” involved in hostilities in Libya

Personally, I agree with the Notre Dame legal opinion. However, I think the best way around this political dilemma would be to turn over operational control of Preditor drones to NATO for a limited time and for the U.S. to continue in its support role, i.e., rescue, aerial refueling, operational planning, intelligence gathering and reconnaissance. The military could always place the unit in charge of operating Preditor drones under NATO command authority temporarily and still retain the military in a supporting role status.
 
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