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2 Top Lawyers Lost to Obama in Libya War Policy Debate
NY Times ^ | 17 June 2011 | Charlie Savage

Posted on 06/17/2011 6:54:40 PM PDT by Hoodat

WASHINGTON — 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.

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.

(Excerpt) Read more at nytimes.com ...


TOPICS: Breaking News; Constitution/Conservatism; Foreign Affairs; Government; News/Current Events
KEYWORDS: carolinedkrass; doj; fascism; highcrimes; impeachment; imperialism; imperialpresidency; jehcjohnson; libya; obama; obamaswar; oup; pentagon; unconstitutional; warpowers; warpowersact
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To: Hoodat
Lets have a little revolution and depose the SOB while the wife and kids are in Africa.
Send him over there on a mil transport and kick him out the back....ADIOS MF!
101 posted on 06/18/2011 3:35:02 AM PDT by Tainan (Cogito Ergo Conservitus.)
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To: AdmSmith; AnonymousConservative; Berosus; bigheadfred; Bockscar; ColdOne; Convert from ECUSA; ...

Thanks Hoodat.
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...
Well he *is* a scholar of the Constitution. No really, just ask him, or his PR department.


102 posted on 06/18/2011 4:05:18 AM PDT by SunkenCiv (Thanks Cincinna for this link -- http://www.friendsofitamar.org)
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To: silverleaf

Robert Bauer don’t know Jack.


103 posted on 06/18/2011 4:05:31 AM PDT by Right Wing Assault (Obama is more inexperienced now than he was before he was elected.)
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To: Blood of Tyrants
who argued that the United States military’s activities fell short of “hostilities.”

That reminds me of this: "Some ideas are so stupid that only intellectuals believe them." - George Orwell

Only a liberal could believe that bombing a sovereign country, i.e. attacking someone physically isn't hostile, but the mere ownership of a gun is.

104 posted on 06/18/2011 4:18:31 AM PDT by 1010RD (First, Do No Harm)
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To: livius

Kenyan Boy King wipes ass with American Constitution. Again.


105 posted on 06/18/2011 4:19:16 AM PDT by PA-RIVER
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To: silverleaf

“Something is just... off ... with this entire situation.”

he is supporting the Caliphate


106 posted on 06/18/2011 4:35:48 AM PDT by SF_Redux (Sarah stands for accountablility and personal responsiblity, democrats can't live with that)
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To: Beaten Valve
“Lawyers? We don't need no stinkin’ lawyers...”

I hate to agree with this one because it is the zer0 regime talking but.....


107 posted on 06/18/2011 4:49:52 AM PDT by Vaquero ("an armed society is a polite society" Robert A. Heinlein)
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To: Hoodat

Obama is a “feel it or want it that way” vigilante. This categorizes him in the war criminal vs. those who calculate the risks reasonably before shedding blood or castrating nations willy nilly without a plan.


108 posted on 06/18/2011 5:36:44 AM PDT by JudgemAll (Democrats Fed. job-security Whorocracy & hate:hypocrites must be gay like us or be tested/crucified)
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To: Hoodat
Why should he obey the law, when neither the Judicial or Legislative branches of government hold him accountable?

He is the first Anarchist President of the USA.

109 posted on 06/18/2011 5:39:31 AM PDT by airborne (Paratroopers! Good to the last drop!)
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To: 1010RD
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.”

I bet the families of all those hundreds who died from our bombs in Libya disagree.

110 posted on 06/18/2011 5:43:30 AM PDT by airborne (Paratroopers! Good to the last drop!)
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To: politicianslie

He certainly is possessed by the muslim bondage mindset. THe heirs of big businesses want to cash cow on bondage to the products already invented, and that is it. It’s like everything is in retirement islamofascist hashish smoking mode.

Women think it is cool, when they do not get that they will be the ones enslaved, the little ones and women, that is. This is why NOW is morphing to actual supporting this mysoginist homosexual.


111 posted on 06/18/2011 5:44:39 AM PDT by JudgemAll (Democrats Fed. job-security Whorocracy & hate:hypocrites must be gay like us or be tested/crucified)
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To: airborne

Yeah, they keep redifining the word hostility to their perverted liking. It used to be in the workplace something about keeping the worker at peace on his work, but now it is about “letting” a gay be loved by letting him sexually harass others.


112 posted on 06/18/2011 5:48:37 AM PDT by JudgemAll (Democrats Fed. job-security Whorocracy & hate:hypocrites must be gay like us or be tested/crucified)
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To: NoLibZone

Do you have knowledge that he HAS been disbarred?


113 posted on 06/18/2011 6:05:26 AM PDT by chooseascreennamepat (I have a liberal arts degree, do you want fries with that?)
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To: livius
His evil is definitely intentional, and I do think he sees himself as the first Muslim dictator of the US.

Perhaps your observation is the key statement we can use when talking to our "liberal" friends and acquaintances.

114 posted on 06/18/2011 6:19:26 AM PDT by maica ( Multiculturalism is the smiley face of totalitarianism.)
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To: txhurl; perfect_rovian_storm; LibertyRocks; sbMKE; zzeeman; hal ogen; NoLibZone; livius; AU72
I’m just as clueless as to why zero gets away with the sh)t he does.

Are you waiting for MSM to tell you what is going on? I was in a Congressional office recently speaking to an aid. "They" know what's going on I was told but we don't want riots like Rodney King in LA, you know, all the windows broken out on Main Street across the USA if they confront the "hero."

My reply was bring it on. We are not going to loose our country because some weak dumbasses known as Repubs and RINOs are not willing to confront a scumbag Chicago want to be dictator. After the appropriate trials are complete with due process of law, we need to start the hangings of those traitors on BOTH sides of the aisle.

Barry Husein is a radical Muslim using the US Military to set up Al Quaeda in Libya, $Billions to Egypt to set up the Muslim Brotherhood in Egypt.

Confirmation that Barry really is a Muslim in sheep's clothing was when he demanded Israel withdraw to their pre-1967 borders. Any idiot knows that Israel would be in effect surrendering for the Muslim hordes to destroy Israel and to slaughter the Jews.

What could be clearer?

The MSM is composed of spineless, lazy liberals who report what they want you to think. The balance will have their legs cut off at their knees if they tell you the truth. Quit listening to the press who just repeat the government initiated propaganda and start thinking independently. The truth is right in front of you.

115 posted on 06/18/2011 6:31:11 AM PDT by politicianslie (Democrats are COMMUNISTS, Repubs are SOCIALISTS, and Barry is a Muslim manipulating USEFUL IDIOTS)
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To: politicianslie

...and now Fox News is reporting that we are “engaged in peace talks” with the Taliban. Every family of every person MURDERED on 9/11, and all of the families of those killed in the War on Terror should be in front of the Capitol demanding the impeachment of the President...today!


116 posted on 06/18/2011 6:33:41 AM PDT by Shady (The numbers do not lie.)
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To: Hoodat

You are correct except that the Congress made a law that gives the President some leeway. That is, the Congress made an allowance for time and expediency to allow the President to act but still maintain Congressional control.

In the way lawyers always do, the matter has been obfuscated by argument over one word.

I would guess the President et al expected the Qadaffi regime to fold long before the legal attack on the War Powers act was necessary. It hasn’t worked out that way.

It will be a real hostile war when Obama is personally harmed by a counter attack on American soil. That will happen. The President or his family, not the American people, will receive the counter attack.


117 posted on 06/18/2011 6:36:01 AM PDT by bert (K.E. N.P. N.C. D.E. +12 ....( History is a process, not an event ))
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To: eaglestar

Does that mean the Eternal Bamnation is HIV +?


118 posted on 06/18/2011 6:43:50 AM PDT by Shady (The numbers do not lie.)
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To: Hoodat
IMPEACH OBAMA NOW
119 posted on 06/18/2011 6:47:37 AM PDT by Dubya-M-DeesWent2SyriaStupid! (Allen West 2012 Make it happen!)
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To: PGR88
Good Lord - we need need lawyers to convince our President that US airplanes dropping bombs on another country in an attempt to overthrow its Gov't is considered "hostilities?"

Apparently these lawyers weren't able to convince Barry that he is a war criminal (operating outside of the law and having no legal authority to overthrow sovereign nations).

In a hypothetically good thing, but practically worthless matter, its good that the lawyers who see this for what it is are lawyers who would have influence over Courts Martial given that a certain general or prominent members of rank operating in the Libyan theater decided that illegally jeopardizing military hardware and soldier's lives wasn't consistent with their oath of duty.

IOW, What would happen if the generals decided that the Nuremberg Defense wasn't their best play and decided to stand down from the CoC's orders to willfully violate the Constitution and the Law of the Land.

Unfortunately, the upper levels of military brass would rain nuclear warheads over the state of Texas without blinking if Barry ordered it and failing to do so would somehow negatively effect their pensions. Our military and every para-military police/law enforcement agency are the fully devoted hyper-violent extensions of whatever president or dictator controls the White House. They are our rainy-day friends when we have good president, and are We The People's greatest enemy when we have a dictator ruling.

120 posted on 06/18/2011 7:08:18 AM PDT by The Theophilus (Obama's Key to win 2012: Ban Haloperidol)
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