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Boehner warns Obama that Libya will violate war powers
Washington Examiner ^ | 06/14/11 3:34 PM | By: Susan Ferrechio

Posted on 06/14/2011 2:03:28 PM PDT by Red Badger

House Speaker John Boehner, R-Ohio, sent President Obama a letter Tuesday afternoon warning him that the operation in Libya will be violating the War Powers Resolution by this Sunday, which marks the 90th day of U.S. military involvement in the country.

Boehner wants "a clear explanation of the legal standing under the War Powers Resolution," that Obama is using to justify continuing the operations behind Sunday.

The letter is below.

June 14, 2011

Dear Mr. President:

Five days from now, our country will reach the 90-day mark from the notification to Congress regarding the commencement of the military operation in Libya, which began on March 18, 2011. On June 3, 2011, the House passed a resolution which, among other provisions, made clear that the Administration has not asked for, nor received, Congressional authorization of the mission in Libya. Therefore, it would appear that in five days, the Administration will be in violation of the War Powers Resolution unless it asks for and receives authorization from Congress or withdraws all U.S. troops and resources from the mission.

Since the mission began, the Administration has provided tactical operational briefings to the House of Representatives, but the White House has systematically avoided requesting a formal authorization for its action. It has simultaneously sought, however, to portray that its actions are consistent with the War Powers Resolution. The combination of these actions has left many Members of Congress, as well as the American people, frustrated by the lack of clarity over the Administration’s strategic policies, by a refusal to acknowledge and respect the role of the Congress, and by a refusal to comply with the basic tenets of the War Powers Resolution.

You took an oath before the American people on January 20, 2009 in which you swore to “faithfully execute the Office of President” and to “preserve, protect and defend the Constitution of the United States.” The Constitution requires the President to “take Care that the Laws be faithfully executed,” and one of those laws is the War Powers Resolution, which requires an approving action by Congress or withdrawal within 90 days from the notification of a military operation. Given the mission you have ordered to the U.S. Armed Forces with respect to Libya and the text of the War Powers Resolution, the House is left to conclude that you have made one of two determinations: either you have concluded the War Powers Resolution does not apply to the mission in Libya, or you have determined the War Powers Resolution is contrary to the Constitution. The House, and the American people whom we represent, deserve to know the determination you have made.

Therefore, on behalf of the institution and the American people, I must ask you the following questions: Have you or your Administration conducted the legal analysis to justify your position as to whether your Administration views itself to be in compliance with the War Powers Resolution so that it may continue current operations, absent formal Congressional support or authorization, once the 90-day mark is reached? Assuming you conducted that analysis, was it with the consensus view of all stakeholders of the relevant Departments in the Executive branch? In addition, has there been an introduction of a new set of facts or circumstances which would have changed the legal analysis the Office of Legal Counsel released on April 1, 2011? Given the gravity of the constitutional and statutory questions involved, I request your answer by Friday, June 17, 2011.

From the beginning, the House of Representatives has sought to balance two equal imperatives regarding Libya which have been in direct contradiction: the House of Representatives takes seriously America’s leadership role in the world; our country’s interests in the region; and the commitments to and from its steadfast allies. At the same time, strong concern and opposition exists to the use of military force when the military mission, by design, cannot secure a U.S. strategic policy objective. The ongoing, deeply divisive debate originated with a lack of genuine consultation prior to commencement of operations and has been further exacerbated by the lack of visibility and leadership from you and your Administration.

I respect your authority as Commander-in-Chief, though I remain deeply concerned the Congress has not been provided answers from the Executive branch to fundamental questions regarding the Libya mission necessary for us to fulfill our equally important Constitutional responsibilities. I believe in the moral leadership our country can and should exhibit, especially during such a transformational time in the Middle East. I sincerely hope the Administration will faithfully comply with the War Powers Resolution and the requests made by the House of Representatives, and that you will use your unique authority as our President to engage the American people regarding our mission in Libya.

Respectfully, John A. Boehner


TOPICS: Breaking News; Constitution/Conservatism; Foreign Affairs; Government
KEYWORDS: americadies; boehner; boehnercries; boehnerdelays; imperialism; imperialpresidency; libya; libyawarpowers; noflyzone; obama; warpowers; warpowersact; warpowersresolution
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1 posted on 06/14/2011 2:03:31 PM PDT by Red Badger
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To: Red Badger

Think O cares?


2 posted on 06/14/2011 2:04:59 PM PDT by b4its2late (Ignorance allows liberalism to prosper.)
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To: Red Badger

Were there tear stains on the letter?


3 posted on 06/14/2011 2:05:06 PM PDT by neodad (Don't Tap, Just Drill!)
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To: Red Badger

Obama better do something or else Boehner is going to cry.


4 posted on 06/14/2011 2:06:01 PM PDT by Dacula (Just say no to Vidalia onions)
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To: Red Badger

Did he write it on his wet hankie?


5 posted on 06/14/2011 2:08:38 PM PDT by Cheetahcat ( November 4 2008 ,A date that will live in Infamy.)
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To: Red Badger

LEAVE BOEHNER ALONE!!1!

6 posted on 06/14/2011 2:08:38 PM PDT by martin_fierro (< |:)~)
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To: Red Badger

He'll cave and cry.

7 posted on 06/14/2011 2:08:58 PM PDT by Snickering Hound
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To: Red Badger
Blah blah blah

Blah blah blah

Blah blah blah

Respectfully, John A. Boehner

P.S. And this time, we REALLY mean it!

8 posted on 06/14/2011 2:09:41 PM PDT by DJ Frisat (How's that change workin' out for ya, Obama voters?)
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To: Red Badger

And IF this illegal alien does violate the war powers act...will you move to impeachment on him?


9 posted on 06/14/2011 2:11:03 PM PDT by shield (Rev2:9 "Woe unto those who say they are Judah and are not, but are of the synaGOGue of Satan.")
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To: Red Badger
And what about Yemen?

Zero has started two new wars.

0bama lied. Muslims died.

10 posted on 06/14/2011 2:11:32 PM PDT by FatherofFive (Islam is evil and must be eradicated)
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To: Red Badger

Kucinich did better: Out in 15 days, period.

He’s not a stopped clock, more like an unflipped calendar repeating every 28 years.


11 posted on 06/14/2011 2:11:49 PM PDT by antiRepublicrat
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To: Red Badger
Boehner warns Obama that Libya will violate war powers

Will?

12 posted on 06/14/2011 2:12:26 PM PDT by Pan_Yan
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To: Red Badger

It’s nothing more than the second step in a long journey toward impeachment, which I am not convinced he’s committed to completing.

So he’s in violation of the War Powers Act. So what are they gonna do about it? Nothing in the letter says anything about consequences for violating it.

He practically gave Obama his “out” by acknowledging that he may consider the Act to be unconstitutional. He should have pointed out the the constitutionality of the Act is not for him to decide. That’s for the courts.

I’d have much more hope if he had at least hinted at impeachment. As it is, there’s nothing to back it up.

BTW, the real deadline was to get congressional approval by the 60th day, and failing that, to be completely withdrawn by the 90th day. The way Boehner’s letter reads, he thinks Obama will be in compliance with the law if by Friday he just tells Congress his reasons, once again, for bombing the hell out of Libya.


13 posted on 06/14/2011 2:15:08 PM PDT by StonyMan451
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To: DJ Frisat

Wait 5 more days and call for his impeachment.

The secrets he is passing to Russia is Treason
He broke his oath to preserve the Constitution, the second charge.
Doma Charge number 3.


14 posted on 06/14/2011 2:15:08 PM PDT by Venturer
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To: Red Badger

Crying pussy finally notices but DOES NOTHING.

America is going DOWN. Recall and indict Boehner.


15 posted on 06/14/2011 2:15:23 PM PDT by Diogenesis (Nothing surpasses the complexity of the human mind. - Leto II: Dar-es-Balat)
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To: neodad

Boehner was way too nice. Barry will ball that letter up and shoot a hoop with it.


16 posted on 06/14/2011 2:15:39 PM PDT by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped.)
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To: Red Badger
Before mocking Boehner, perhaps people should consider that the House just passed a bill calling for all funds to be cut off for any military operation that is not in compliance with the War Powers Act.

http://www.breitbart.com/article.php?id=CNG.ee00cd993c4221a5ac150a9aab17ca0b.561&show_article=1

The letter is simply the other shoe dropping to deny funds.

I'm always amazed that so many conservatives are willing to participate in circular firing squads to purge the ranks of everyone who isn't sufficiently pure.

17 posted on 06/14/2011 2:16:27 PM PDT by Bruce Campbells Chin
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To: Red Badger

SSDD

OBAMA LIES
AMERICA DIES
BOEHNER CRIES


18 posted on 06/14/2011 2:19:00 PM PDT by Diogenesis (Nothing surpasses the complexity of the human mind. - Leto II: Dar-es-Balat)
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To: Bruce Campbells Chin

Welcome to FR, newbie.

Obama has been screwing up America,
with Boehner’s tacit help and approval
(even though the Impostor is not even qualified)
since BEFORE YOUR arrival.


19 posted on 06/14/2011 2:21:13 PM PDT by Diogenesis (Nothing surpasses the complexity of the human mind. - Leto II: Dar-es-Balat)
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To: Red Badger

P.S. Are we still on for golf? You know I’m just goofing on you. Your bff, John.


20 posted on 06/14/2011 2:22:00 PM PDT by brownsfan (I miss the America I grew up in.)
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