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Why Obama’s stand on Libya is absurd
Chicago Sun Times ^ | June 21, 2011 | JACOB SULLUM

Posted on 06/26/2011 1:47:09 AM PDT by nickcarraway

During the Bush administra­tion, when the Justice Department’s Office of Legal Counsel got into the habit of rationalizing whatever the president wanted to do, Indiana University law professor Dawn Johnsen dreamed of an OLC that was willing to “say no to the president.”

It turns out we have such an OLC now. Unfortunately, as Barack Obama’s defense of his unauthorized war in Libya shows, we do not have a president who is willing to take no for an answer.

While running for president, Obama criticized George W. Bush’s lawless unilateralism in areas such as torture, warrantless surveillance and detention of terrorism suspects. “The law is not subject to the whims of stubborn rulers,” he declared in 2007, condemning “unchecked presidential power” and promising in his administration there would be “no more ignoring the law when it is inconvenient.”

Obama’s nomination of Johnsen to head the OLC, although ultimately blocked by Senate Republicans, was consistent with this commitment; his overreaching responses to threats ranging from terrorism to failing auto companies were not. Last week, by rejecting the OLC’s advice concerning his three-month-old intervention in Libya’s civil war, Obama sent the clearest signal yet that he is no more inclined than his predecessor to obey the law.

Under the War Powers Act, a president who introduces U.S. armed forces into “hostilities” without a declaration of war must begin withdrawing those forces within 60 days unless Congress authorizes their deployment. Hence the OLC, backed by Attorney General Eric Holder and Defense Department General Counsel Jeh Johnson, told Obama he needed congressional permission to continue participating in NATO operations against Libyan dictator Moammar Gadhafi’s forces.

While the president can override the OLC’s advice, that rarely happens. “Under normal circumstances,” the New York Times noted, “the office’s interpretation of the law is legally binding on the executive branch.” In this case, rather than follow the usual procedure of having the OLC solicit opinions from different departments and determine which best comported with the law, Obama considered the office’s position along with others more congenial to the course of action he had already chosen.

Obama preferred the advice of White House Counsel Robert Bauer and State Department legal adviser Harold Koh, who argued that American involvement in Libya, which includes bombing air defenses and firing missiles from drone aircraft as well as providing intelligence and refueling services, does not amount to participating in “hostilities.”

A report that the Obama administration sent Congress says, “U.S. operations do not involve sustained fighting or active exchanges of fire with hostile forces, nor do they involve the presence of U.S. ground troops, U.S. casualties or a serious threat thereof, or any significant chance of escalation into a conflict characterized by those factors.”

All that is irrelevant, because the War Powers Act says nothing about those criteria. According to the administration’s logic, Congress has no say over the president’s use of the armed forces as long as it does not involve boots on the ground or a serious risk of U.S. casualties — a gaping exception to the legislative branch’s war powers in an era of increasingly automated and long-distance military action. As Harvard law professor Jack Goldsmith, a former head of the OLC, told the Times, “The administration’s theory implies that the president can wage war with drones and all manner of offshore missiles without having to bother with the War Powers Resolution’s time limits.”

This interpretation is so absurd that both House Speaker John Boehner (R-Ohio), who has criticized the war in Libya, and Senate Majority Whip Richard Durbin, (D-Ill.), who supports a resolution approving U.S. involvement, say it fails the “straight-face test.” It is so absurd that the New York Times and the Washington Post, both of which strongly support the war, have editorialized against the Obama administration’s “sophistry” and “evasion of its legal duties.”

It is now up to Congress to enforce those duties by defunding the president’s illegal and unnecessary war.


TOPICS: Extended News; Foreign Affairs; News/Current Events; Politics/Elections
KEYWORDS: dnc4alqaeda; dncwar; libya; obama; obama4alqaeda; obama4ikhwan; obamaswar; obamavsamerica; obamavsamericans; obamawar; war

1 posted on 06/26/2011 1:47:17 AM PDT by nickcarraway
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To: nickcarraway

Obama is an empty suit who is deathly afraid that the Norwegians will mortally wound his political future by demanding their worthless “Nobel Peace Prize” back.


2 posted on 06/26/2011 1:59:56 AM PDT by Berlin_Freeper
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To: nickcarraway

Obama has only one strategic purpose in this war on Libya: To support the expansiuon of the Muslim Brotherhood into all of Libya and consequently into Sub Saharan Africa.

Obamas conduct is treasonous.Impeachment proceedings should be commenced immediately.


3 posted on 06/26/2011 2:10:37 AM PDT by Candor7 (Obama . fascist info..http://www.americanthinker.com/2009/05/barack_obama_the_quorintessentia_1.html)
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To: Candor7

This one is mainly about money, Libya represents $5T in wealth which Soros wants. Bork Obunga and Soros are attempting to use the US military to perpetrate a bank robbery.


4 posted on 06/26/2011 2:14:05 AM PDT by varmintman
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To: nickcarraway

“According to the administration’s logic, Congress has no say over the president’s use of the armed forces as long as it does not involve boots on the ground or a serious risk of U.S. casualties”
So Obama thinks that he can use droans, B1’s, B2’s, attack
satellites and maybe even ICBM’s to conduct his personal
wars for his own political gain at the expense of the
tax payer and “Congress has no say”?
This guy must really think he’s going to be the last
American president and the first American emperor.


5 posted on 06/26/2011 2:14:13 AM PDT by Slambat (The right to keep and bear arms. Anything one man can carry, drive or pull.)
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To: varmintman

“Bork Obunga”
Should be Borg Obunga. Sounds better and is more fitting.
And you can say it three times real fast.


6 posted on 06/26/2011 2:18:06 AM PDT by Slambat (The right to keep and bear arms. Anything one man can carry, drive or pull.)
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To: Candor7; nickcarraway

>>> Obama has only one strategic purpose in this war on Libya: To support the expansiuon of the Muslim Brotherhood into all of Libya and consequently into Sub Saharan Africa.

The newly installed leader of the Libyan rebel council is an apparent CIA puppet who until a few months ago with no visible means of support lived comfortably for years a few miles down the road from Langley. Obama or no Obama, this was prepared for.

And say what you want about Obama, I don’t see either the French of British governments going through this just to “support the expansiuon (sic) of the Muslim Brotherhood”.

It’s a grab for the main Libyan oil fields. Blood for oil is kewl. Now.


7 posted on 06/26/2011 2:34:06 AM PDT by tlb
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To: varmintman

Attempting?


8 posted on 06/26/2011 2:49:01 AM PDT by nickcarraway
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To: Slambat

This guy must really think he’s going to be the last
American president and the first American emperor

I think you nailed it.


9 posted on 06/26/2011 3:20:12 AM PDT by Josephat
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To: nickcarraway

“Hey, I’m Obama - I don’t have to make sense if I don’t want to; I’ve got forty percent of Americans - and one hundred percent of its idiots - behind me. Now go away, I need to focus all my attention on this putt.”


10 posted on 06/26/2011 4:32:57 AM PDT by Jack Hammer
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To: Berlin_Freeper
Obama is an empty suit who is deathly afraid that the Norwegians will mortally wound his political future by demanding their worthless “Nobel Peace Prize” back.

I could just imagine the tantrum to follow.

Is there any truth to this or are you just trying to put us in a good mood - lol!

11 posted on 06/26/2011 5:05:20 AM PDT by Caipirabob ( Communists... Socialists... Democrats...Traitors... Who can tell the difference?)
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To: nickcarraway
Way past time to stop this BS, mean while the wonderful speaker and the mighty republican house is off golfing for the next 11 Days. Playing that fiddle while American tax payers get the shaft.
12 posted on 06/26/2011 5:41:57 AM PDT by org.whodat
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To: Candor7

so true. Libya is just a gift to the upcoming MB’s “democratic” egypt. They need the cash flows for their new “democracy” which will be the HQ for the North African Caliphate... and anti Israel war machine.

Now, add in Obama’s hast retreat from Iraq and Afghanistan and they too will fold.... through “democracy” into some islamic totalitarian state.

You know, that Obama, selling the world on “democratic” movement? Muslims know nothing about democracy. It does not stop at one vote , one man.... but they parrot the word. It is a english word that has 2000 years of political and religious though behind it. It has its own culture and infrastructure. These sand asses have NO understanding of it and can only parrot the words.
Obama is only consolidating their gains and soon they will march on Israel and then US.

That bastard is throwing us! under the bus!


13 posted on 06/26/2011 5:51:57 AM PDT by himno hero ("Armageddon is well seeded, America will pay"... Barrack Obama's vision)
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To: tlb
>>>>>>>>It’s a grab for the main Libyan oil fields.<<<<<<<

Libyan LNG is more important than Libyan oil.

And Libyan water is more important than Libyan LNG.

Blood for water.

Libya is an equivalent to Siberia - too rich for her 6M inhabitants. And unlike Siberia, not guarded with thousands of nuclear warheads.

Obummer's boss hoped for a quick armed robbery. It turned ugly. That's why it looks as if Obummer is lost.

Blackberry transcript of Obummer position: WTF, u can KMA.

14 posted on 06/26/2011 7:41:58 AM PDT by DTA (U.S. Centcom vs. U.S. AFRICOM)
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To: AdmSmith; AnonymousConservative; Berosus; bigheadfred; Bockscar; ColdOne; Convert from ECUSA; ...

Thanks nickcarraway.
While running for president, Obama criticized George W. Bush's lawless unilateralism in areas such as torture, warrantless surveillance and detention of terrorism suspects.
This is really just a Bush-bashing op-ed, another in a series designed to rationalize how Zero's really not so bad after all, and that he deserves a second term. By a weird coincidence, it's from a Chicago paper.

Have a great day, all!


15 posted on 06/26/2011 7:45:38 AM PDT by SunkenCiv (It's the Obamacare, stupid! -- Thanks Cincinna for this link -- http://www.friendsofitamar.org)
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To: tlb; Candor7; nickcarraway

The newly installed leader of the Libyan rebel council is an apparent CIA puppet
///
great info. (i certainly don’t doubt it, but i’d be interested in reading more about this guy living here?)
after all, the CIA once supported bin Laden.

and i think they are many vultures cooperating here for different purposes. some for oil as you say. (i’d also like to know what happens to the 3.7 billion Gadafi has in Goldman-Sach if he dies.)
but i think Candor7 is also correct. Even French NGO’s are admitting the “rebels” are Islamists. (and we know how dense they are!) http://www.freerepublic.com/focus/f-news/2738916/posts


16 posted on 06/26/2011 9:06:47 AM PDT by Elendur (the hope and change i need: Sarah / Colonel West in 2012)
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To: Elendur

The person is Khalifa Hifter. He lived in Vienna, Virginia which is five miles from Langley. Vienna is a suburb that is the home to a very high concentration of US govt employees and contractors. A close relation of mine who was a senior military officer had his home there.

Here’s the other side’s take on it.

Libya: A CIA commander for the rebels

....To those who can read between the lines, this profile is a thinly disguised indication of Hifter’s role as a CIA operative. How else does a high-ranking former Libyan military commander enter the United States in the early 1990s, only a few years after the Lockerbie bombing, and then settle near the US capital, except with the permission and active assistance of US intelligence agencies? Hifter actually lived in Vienna, Virginia, about five miles from CIA headquarters in Langley, for two decades.

The agency was very familiar with Hifter’s military and political work. A Washington Post report of March 26, 1996 describes an armed rebellion against Gaddafi in Libya and uses a variant spelling of his name. The article cites witnesses to the rebellion who report that “its leader is Col. Khalifa Haftar, of a contra-style group based in the United States called the Libyan National Army.”

http://www.islampolicy.com/2011/03/meet-cia-operative-khalifah-hifler.html


17 posted on 06/26/2011 9:31:04 AM PDT by tlb
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To: Josephat
This guy must really think he’s going to be the last American president and the first American emperor

I think you nailed it.

Actually there is a lot more to it than that.

Obama gave $Billions to Egypt. The eventual winner there is the Muslim Brotherhood who vow to destroy Israel and the USA.

The Libyan rebels are composed of Al Qaeda. By using the US Military to cause regime change in Libya, Obama is setting up another Radical Muslim/Anti-US/Israel state.

Obama demanded Israel withdraw to pre-1967 borders. This is a dream of Muslims everywhere, then they can complete the destruction of Israel and kill all the Jews as they think they are commanded to do.

It might occur to any thinking observer that since Obama is doing several things that are consistent with what a Radical Muslim would do, it might be worth exploring the concept that Obama really is a Radical Muslim plant set up to do as much damage to the United States all the while doing everything he can to set up Islamic control of the world.

If you saw the headline OBAMA A MANCHURIAN CANDIDATE PRESIDENT ILLEGALLY ATTACKING LIBYA TO FURTHER MUSLIM TAKEOVER OF WORLD you'd consider that it might be true. But since nobody else suggests it's true, Americans will not even consider the obvious.

The Government and the Press controls what Americans think and even a huge lie like Obama is immune to discovery. Obviously, Americans can no longer think independently.

If you haven't noticed, Obama thinks Americans are idiots and they will not be able to stop his agenda. So far, he's right.

18 posted on 06/26/2011 10:03:23 AM PDT by politicianslie (Democrats are COMMUNISTS, Repubs are SOCIALISTS, and Barry is a Muslim manipulating USEFUL IDIOTS)
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To: himno hero

You hit the nail right on the head, and Congress failed to defund Libya, Bachmann and West made a HUGE policy mistale when they picked and chose what to fund in the Libya War.They should have defunded the whole thing.

WE MUST GET OUT OF LIBYA.


19 posted on 06/26/2011 4:17:10 PM PDT by Candor7 (Obama . fascist info..http://www.americanthinker.com/2009/05/barack_obama_the_quorintessentia_1.html)
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To: Candor7; politicianslie

I have modified my earlier opinion casting it further into the future...

...lets see if I have one set of situations that might help you understand a possible motivation.... from a previous post

What a bunch of crappola. The caliphate is coming together at the expense of American lives and cash. Obamas phase one was the successful completion of the north African caliphate with the “Arab Spring”. Ghadaffi didn’t want to play so America is liberating the assets as a gift to the MB and their Egyptian project.
In the meanwhile, phase two is coming together as he is having the US leave Iraq and Afghanistan and needless to say, they too will become farcical “democratic” nations, theological states. Already, the MB is pushing for their united states of islam.
As this unfolds, they WILL take a run at Israel and then America.

Needless to say, this war will come in prior to the upcoming elections and be played with internal strife in America.

Obama is throwing us under the bus!!!
We need a impeachment and a eviction before the titanic goes down!!!!


20 posted on 06/26/2011 5:18:11 PM PDT by himno hero ("Armageddon is well seeded, America will pay"... Barrack Obama's vision)
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To: Slambat

“Bork” works for bumper stickers (Bork Obunga, before he Borks YOU); it isn’t clear that “Borg” would work as well.


21 posted on 06/27/2011 5:29:11 AM PDT by varmintman
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To: tlb

Yes, well,you might chance a look beyond the ecomomic bait used to get NATO involved.

Obama does not give a fig about Libya’s oil, as long as it does not get to the USA.He wants to expand the sweep of the Muslim Brotherhood, and is dedicated to that end, just as he was in KLenya in 2006/2007 when he campiagned for Islamist Odinga, and later was complicit in advizing Odinga to take to the streets of Nairobi, which resulted in 7000 intertribal genocide deaths.

Obama is the gift that keeps on giving.Yes he wants the MB to rule from Yemen, to Egypt,Somalia, Kenya, Sudan, Libya and into the sub Sahara.Thats his ticket to his post presidential grandeur at the United Nations. I want that to be post haste.

Its not about Libyan oil, thats just so much Euro bait.


22 posted on 06/27/2011 5:29:54 PM PDT by Candor7 (Obama . fascist info..http://www.americanthinker.com/2009/05/barack_obama_the_quorintessentia_1.html)
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