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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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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.
1 posted on 06/17/2011 6:54:44 PM PDT by Hoodat
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To: Hoodat

Arrogance beyond belief.


2 posted on 06/17/2011 6:58:50 PM PDT by dandiegirl
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To: Hoodat

Wow. This is much more intentional than I realized. Personally, I think the situation has little to do with Libya, but is really intended to show that Obama don’t need no stinkin’ law or Constitution.


3 posted on 06/17/2011 6:59:31 PM PDT by livius
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To: Hoodat
They didn't "lose" to Obama - the usurper is simply ignoring them.

Impeach him now!

4 posted on 06/17/2011 6:59:38 PM PDT by raybbr (People who still support Obama are either a Marxist or a moron.)
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To: raybbr

I hope this bites him in the backside.


5 posted on 06/17/2011 7:02:21 PM PDT by willibeaux (de ole Korean War vet age 81)
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To: Hoodat
this is purely a Constitutional issue

Marxist dictators don't respect the Constitution.

6 posted on 06/17/2011 7:02:32 PM PDT by BipolarBob (There, but for the lack of Jose Cuervo, stumble I.)
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To: livius

Libya is just a stinking sideshow. Have you been watching Iran’s moves while America is pre-occupied focusing on Obies side show?

Our community organizer has much more on his personal agenda than he lets on.

AND it ain’t good for America.


7 posted on 06/17/2011 7:04:44 PM PDT by himno hero ("Armageddon is well seeded, America will pay"... Barrack Obama's vision)
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To: Hoodat

Bump.


8 posted on 06/17/2011 7:05:03 PM PDT by GlockThe Vote (F U B O ! ! !)
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To: Hoodat
"Lawyers? We don't need no stinkin' lawyers..."
9 posted on 06/17/2011 7:05:40 PM PDT by Beaten Valve
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To: Hoodat

SOMEBODY PLEASE PUT THE CONSTITUTION ON HIS TELEPROMPTER.


10 posted on 06/17/2011 7:07:33 PM PDT by grumpa (VP)
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Comment #11 Removed by Moderator

To: Hoodat

How could it be “hostilities” when it isn’t a war, it’s a “kinetic military action”. It’s not bombs they are dropping, they are “regime change encouragement devices”.


12 posted on 06/17/2011 7:09:40 PM PDT by Blood of Tyrants (Islam is the religion of Satan and Mohammed was his minion.)
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To: grumpa
SOMEBODY PLEASE PUT THE CONSTITUTION ON HIS TELEPROMPTER.

It would cause him to go blind.

13 posted on 06/17/2011 7:09:57 PM PDT by Navy Patriot (Holy flippin' crap, Sarah rocks the world!)
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To: livius

It is to entrench a radical jihadist faction in yet another oil producing nation.


14 posted on 06/17/2011 7:10:11 PM PDT by Psalm 144 (Voodoo Republicans: Don't read their lips - watch their hands.)
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To: Hoodat

So the Pentagon and DOJ think O has crossed the line toward dictatorship perhaps? The evil Bush didn’t do this but Hope and Change did? I guess this is an argument for asking for the content of hope and change? Of course this is the most transparent administration in history so why worry?


15 posted on 06/17/2011 7:10:55 PM PDT by JimSEA
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To: Hoodat

assuming this is accurate, this is simply an exercise in flexing his muscle as a dictator-in-chief. Remarkable. I bet he has the same attitude toward election laws.


16 posted on 06/17/2011 7:11:14 PM PDT by ilgipper ( political rhetoric is no substitute for competence (Thomas Sowell))
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To: Hoodat
I really hope the SCOTUS slaps him down on this.

HAHAHAHAHA....HOHOHOHOHO....HAHAHAHA....stop it....HAHAHAH...HOHOHO...your killing me.

Do you honestly believe that those 9 black robed jackwagons are going to intervene?

17 posted on 06/17/2011 7:11:44 PM PDT by Lurker (The avalanche has begun. The pebbles no longer have a vote.)
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Comment #18 Removed by Moderator

To: Hoodat
"After several meetings and phone calls, the rival legal analyses were submitted to Mr. Obama, who is a constitutional lawyer, and he made the decision."

Snicker - my dog is a better Constitutional lawyer than BO

19 posted on 06/17/2011 7:12:45 PM PDT by RightGeek (FUBO and the donkey you rode in on)
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To: Hoodat

“He rejected ... he decided.” Like a f’ing dictator.


20 posted on 06/17/2011 7:14:01 PM PDT by bboop (Stealth Tutor)
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To: Psalm 144

That’s exactly what the Libyan adventure is.

But I honestly think Obama is looking at it now as a chance for him to kick the US laws and Constitution in the teeth again and show everybody how little they matter to him.

He’s evil, he hates us, and he wants to eliminate anything that stands between him and total power.


21 posted on 06/17/2011 7:14:51 PM PDT by livius
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To: himno hero

Nothing he does is good for America.


22 posted on 06/17/2011 7:16:43 PM PDT by livius
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To: Hoodat

There’s solid reasons that Obama has been disbarred.


23 posted on 06/17/2011 7:18:05 PM PDT by NoLibZone (Impeach Obama for among other things , violating the War Powers Act.)
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To: raybbr; livius; dandiegirl; Hoodat

You are all missing WHY Obama is risking impeachment to attack Libya. Of course it will generate a Constitutional crises but that’s just a positive consequence in Obama’s eyes.

WHY?

You have no idea who Obama really is. You do know he’s a radical liberal (as a minimum) but you know little more. You learn who he is by seeing what he does.

Does he care about your Constitutional rights? If you look at the Obamacare and how it was passed, you know he doesn’t give a rip about your rights.

Is Obama a CHRISTIAN? He says he is but if he’s a CHRISTIAN I’m an underground balloon pilot in the confederate air force.

WHO is he? In the NY TIMES a few years ago is documentation that Obama loves the Muslim call to prayer, he said it with what the NY TIMES writer thought was native familiarity with it.

WHO IS HE? You can know by what he does.

Obama wants Israel to move their borders to pre-1967. Anyone with a brain knows that is not defendable. Saying it another way, Obama essentially wants the JEWS to surrender for slaughter by the Muslim masses.

Obama gives $Billions to Egypt. The Muslim Brotherhood looks like it will soon control Egypt. The Muslim Brotherhood wants to destroy Israel.

Obama attacks Libya illegally. Al Qaeda is a large part of the rebels in Libya. Essentially Obama is using the US Military right in front of YOU to HELP AL QAEDA take over Libya.

Obama does NOTHING to help protesters in Iran. Iran is doing everything they can to position themselves to destroy Israel.

Most people would now at least consider that Obama as a minimum is doing everything he can to help radical Muslims take over countries who were previously at least peacefully coexisting with America and Israel. That will probably soon change.

If you were going to attack America, you could try what the Japanese tried at Pearl Harbor. Plan on getting your ass kicked.

It would be far cheaper to put a Manchurian candidate in the White House. Hundreds of $Millions to buy an election is cheap compared to a military attack.

Obama is a Radical Muslim whose purpose is to essentially destroy the United States. He’s doing it while you sit and wonder why he doesn’t follow US Law.

Obama is spitting on US Law and the Constitution. Stop him soon or you will find it will be too late as the Muslim hordes will be inside our borders and outside killing you and your families.


24 posted on 06/17/2011 7:23:10 PM PDT by politicianslie (Democrats are COMMUNISTS, Repubs are SOCIALISTS, and Barry is a Muslim manipulating USEFUL IDIOTS)
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To: Hoodat
2 Top Lawyers Lost to Obama in Libya War Policy Debate

Horsecrap headline!

25 posted on 06/17/2011 7:24:18 PM PDT by Eaker (The problem with the internet, you're never sure of the accuracy of the quotes. Abraham Lincoln '65)
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To: livius

Remember...

nobama hates you, hates your family, hates Free America, hates Americans, hates the Constitution and hates the Bill of Rights. nobama is a hate crime foisted upon America.

Everything nobama does is intentional.

God help us all.


26 posted on 06/17/2011 7:25:01 PM PDT by hal ogen (1st amendment or reeducation camp?)
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To: livius

Is there a mole?

Boehner specifically inquired a/b the Office of Legal Counsel & their interpretation.

Now the NY Slimes reports the OLC did not concur.......

Should be an interesting round of pasture pool tomorrow.


27 posted on 06/17/2011 7:25:06 PM PDT by tnvol01 ("...answering that question w/ specificity uh, you know, is, is, uh above my pay grade.")
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To: Hoodat
After several meetings and phone calls, the rival legal analyses were submitted to Mr. Obama, who is a constitutional lawyer, and he made the decision.

Hahahaha, a "constitutional lawyer!" Give me a freakin' break...

28 posted on 06/17/2011 7:25:29 PM PDT by zzeeman ("We can evade reality, but we cannot evade the consequences of evading reality.")
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To: Hoodat

NYT is laying groundwork for impeachment?

It sure seems as though the Dems are looking to through Obama under the bus for the last couple years - blaming a runaway administration for their collective failings.

Obama is playing with folks that are much much more politically astute than he could ever imagine.


29 posted on 06/17/2011 7:27:15 PM PDT by sbMKE
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To: Hoodat

bm


30 posted on 06/17/2011 7:28:03 PM PDT by Para-Ord.45
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To: Hoodat

Misleading title, for sure (not surprising in the Slimes though...).

I’ve had a hard time figuring out how and why Obama made the decision to bomb Libya (I’ve been offline, and the local news wasn’t saying anything...). I’m assuming that there is a HUGE backstory here that has nothing to do with any perceived “revolutionary” upheaval.


31 posted on 06/17/2011 7:28:31 PM PDT by LibertyRocks
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To: Hoodat

“Robert Bauer”

again, that name crops up

he is an evil man


32 posted on 06/17/2011 7:29:25 PM PDT by silverleaf (All that is necessary for evil to succeed, is that good men do nothing)
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To: Hoodat
2 Top Lawyers Lost to Obama in Libya War Policy Debate

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.


As though there had been a debate before impartial judges who then declared Obama the winner when the truth is that it amounts to "Obama says "Eff You" to top lawyers, "I'm doing what I want no matter what.""
33 posted on 06/17/2011 7:30:24 PM PDT by aruanan
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To: Hoodat
But Mr. Obama decided instead to adopt the legal analysis of several other senior members of his legal team . . . who argued that the United States military’s activities fell short of “hostilities.”

“When I use a word,” Humpty Dumpty said, in a rather a scornful tone, “it means just what I choose it to mean — neither more nor less.” ...

34 posted on 06/17/2011 7:30:51 PM PDT by Zeppo ("Happy Pony is on - and I'm NOT missing Happy Pony")
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To: LibertyRocks

Look at post #24. It is obvious to everyone but Americans (who listen to the press) and the US Newsmedia.

No one Dare Calls it T R E A S O N.

No one Dares call Obama a RADICAL MUSLIM TRAITOR.


35 posted on 06/17/2011 7:32:33 PM PDT by politicianslie (Democrats are COMMUNISTS, Repubs are SOCIALISTS, and Barry is a Muslim manipulating USEFUL IDIOTS)
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To: Hoodat
2 Top Lawyers Lost...

Well, it's a start.

36 posted on 06/17/2011 7:32:45 PM PDT by ROCKLOBSTER (Celebrate "Republicans freed the Slaves Month")
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To: ilgipper
I bet he has the same attitude toward election laws.

Guaranteed!

How much longer is America and the people we elected going to do something about this guy? He keeps stalling and flat out lying to his own people for heaven knows to what end, until he finishes us off and his sheep will go down with the rest of us.

37 posted on 06/17/2011 7:32:49 PM PDT by TribalPrincess2U (VOTE out the RATS! Go Sarah!)
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To: Zeppo

AG Holder supported OLC’s findings, too.

Pass the freakin’ popcorn.


38 posted on 06/17/2011 7:33:12 PM PDT by tnvol01 ("...answering that question w/ specificity uh, you know, is, is, uh above my pay grade.")
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To: Hoodat

My personal opining - is that he is actually purposely attempting to incite someone to violence.

Its my perspective that if there are acts of violence in opposition to him, then he will then use this to become the first American Dictator by suspending the Constitution and remaining in power.


39 posted on 06/17/2011 7:34:45 PM PDT by R0CK3T
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To: Hoodat

He can do whatever he wants. He knows the Republicans in the House don’t have the guts to impeach two democrat presidents in a row.


40 posted on 06/17/2011 7:34:54 PM PDT by Pan_Yan
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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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