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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
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.”

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?"

41 posted on 06/17/2011 7:35:08 PM PDT by PGR88 (I'm so open-minded my brains fell out)
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To: livius
There is something “personal” about this, isn't there????

obama “kills” Bin Laden and spikes the football for weeks, yet Gadaffi takess a half hearted pounding, loses hundreds or thousands of Libyans to NATO attacks, yet lives and mocks everyone.

Syria's Assad mows down hundreds or thousands of civilians and it isn't even a page one story. Russia and China join to warn obama off Syria but remain strangely acquiescent of NATO’s half-vast pounding of Libya.

What exactly is obama’s agenda? Who benefits from this?????

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

Is this a dry-run for using US forces against Israel without Congressional constraint???

42 posted on 06/17/2011 7:36:46 PM PDT by silverleaf (All that is necessary for evil to succeed, is that good men do nothing)
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To: Hoodat
Harold H. Koh

Paging Mr. Beck...Would Mr. Glenn Beck please pick up the RED courtesy phone?

43 posted on 06/17/2011 7:38:26 PM PDT by perfect_rovian_storm (We're stuck between Obama's policies that suck and his ineptitude that blows.)
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To: tnvol01

I was a little surprised that the Times reported this.


44 posted on 06/17/2011 7:38:56 PM PDT by livius
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To: Hoodat

Der Fuhrer-Imam


45 posted on 06/17/2011 7:39:23 PM PDT by ZULU (Lindsey Graham is a nanometrical pustule of pusillanimous putrescence)
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To: Hoodat

The Constitution is a living document, don’t you know? It can always be rewritten as necessary for the convenience of the good guys.


46 posted on 06/17/2011 7:43:39 PM PDT by Rocky (REPEAL IT!)
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To: politicianslie; hal ogen

His evil is definitely intentional, and I do think he sees himself as the first Muslim dictator of the US.

But he couldn’t be doing this alone (for one thing, he’s not bright enough to work out the strategy). Some of the people who helped him get where he is are probably naive leftist ideologues, some are probably the typical leftist personally loyal hero-worshipper, some of them may think he’s going to give them power because they’re black - but there are some others who are probably getting a little uneasy right now. I suspect that there are even some Dems who are beginning to realize that this isn’t what they thought they were bargaining for.


47 posted on 06/17/2011 7:44:30 PM PDT by livius
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To: silverleaf
What exactly is obama’s agenda? Who benefits from this?????

I think his overall agenda is to promote Islam and the power of Islamic Third World countries. Many of the people behind him want to promote Marxism, which fortunately for them fits fairly well with Islam.

I think he believed that when he took over, all of the Muslims were going to acknowledge their true leader (him) and everything would be groovy. He's so self-obssessed that he probably really did believe this.

But it hasn't worked out that way. He may be doing wink-wink, nudge-nudge with some of them, but a lot of them regard him as an interloper, and I think he's having a hard time dealing with this.

He's using the US military to advance a weird Islamist agenda to show them his bona fides, so to speak, and prove that (a) he's not loyal to the US but to Islam and (b) he has lots and lots of power.

48 posted on 06/17/2011 7:50:05 PM PDT by livius
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To: Hoodat

If accurate this just says there are a bunch of ‘destroy the character of the USA’ controlling and operating our government. For Congress and SCOTUSA to let this go down as history is a crime against the oath to protect and defend the Constitution. All should be removed from office if not charged with treason.


49 posted on 06/17/2011 7:53:27 PM PDT by noinfringers2
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To: politicianslie

You are absolutely right and it could not be more clear if it was written in indelible ink across his forehead.
He is a muslim decapitation strike on America.


50 posted on 06/17/2011 7:56:46 PM PDT by MestaMachine (Sarah Palin is the mirror by which evil reflects back upon itself until consumed out of existence)
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To: Hoodat
Looks like Obama is moving into Clintonoid "parsing" areas now.

Thing is...he's not as good at it. This should be fun to watch.

51 posted on 06/17/2011 8:00:56 PM PDT by Siena Dreaming
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To: Hoodat
"I really hope the SCOTUS slaps him down on this. Forget the War Powers Act, this is purely a Constitutional issue. Congress, and only Congress can authorize engaging in war. "

Obama is doing things no differently than nearly every President since Andrew Jackson.

That somb!tch.

52 posted on 06/17/2011 8:03:22 PM PDT by Mariner (War Criminal #18)
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To: silverleaf

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


FWIW, someone posted on a doom thread yesterday that some large object is going to miss the planet but mess up the equatorial water bulge, sending it north and south to deluge whatever land mass can take it.

That theory kinda explains some weirdness. Other than that, I’m just as clueless as to why zero gets away with the sh)t he does.


53 posted on 06/17/2011 8:14:48 PM PDT by txhurl (Did you want to talk or fish?)
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To: txhurl

Comet Honda

Check it


54 posted on 06/17/2011 8:16:30 PM PDT by silverleaf (All that is necessary for evil to succeed, is that good men do nothing)
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To: Hoodat

There’s been substantial coverage of the House having voted on 6/14 to cut off funding for Libya. What hasn’t been made clear is that the vote was essentially worthless.

The House passed (248 to 163) an amendment to a military appropriations bill. While the appropriations bill has a good chance of passing the Democratically controlled Senate, the amendment will not actually cut off funding for Libya.

The wording of the amendment is key: “none of the funds made available by this act may be used in contravention of the War Powers Act.”

Obama has decided that the actions in Libya are not hostilities and therefore do not fall under the authority of the War Powers Act. So not only has Obama told Congress that he doesn’t have to consult them about this operation but also that he controls the money for it by way of a legal definition.

That’s why he overruled the Office of Legal Counsel.


55 posted on 06/17/2011 8:20:56 PM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. *4192*)
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To: livius

Some lady from the audience asked Glenn Beck today if Hillary would be running for President in ‘12. Glenn said he thinks she will because the Dems will be bailing on O to save their own necks!


56 posted on 06/17/2011 8:24:55 PM PDT by spiderfern
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To: livius

Some lady from the audience asked Glenn Beck today if Hillary would be running for President in ‘12. Glenn said he thinks she will because the Dems will be bailing on O to save their own necks!


57 posted on 06/17/2011 8:25:01 PM PDT by spiderfern
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To: silverleaf

I really don’t want to check it.

Did enough research today to ~assume I’m OK where I’m at.

Maybe.


58 posted on 06/17/2011 8:27:37 PM PDT by txhurl (Did you want to talk or fish?)
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To: livius

Some lady from the audience asked Glenn Beck today if Hillary would be running for President in ‘12. Glenn said he thinks she will because the Dems will be bailing on O to save their own necks!


59 posted on 06/17/2011 8:28:54 PM PDT by spiderfern
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To: Hoodat

This is not an issue for the SCOTUS; it is for Congress to take action in the form of impeachment.


60 posted on 06/17/2011 8:29:46 PM PDT by SeaHawkFan
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