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- PCHiway
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16 Jun 2011, 9:53 pm
According to the timer set by the War Powers Resolution, Obama has until Sunday. That's when the 90 day limit will expire. After that, by existing law, Obama would have to officially tell Congress something...
Now, the paper that the White House sent over to Congress the day before yesterday could, I suppose, be that notification. That paper said, in effect, that since the US is just playing a supporting role in air operations and not engaging in any ground or sea operations beyond pilot rescue...that it isn't really a war and as such doesn't need a Congressional OK.
As of now, most media major media outlets seem to be giving Obama a pass on this. Libya stuff is way below the fold these days. If I'm sitting in the West Wing...I'm not seeing a lot of clamor from the hoi polloi for some sort of resolution on this matter. That could change of course...it will depend on how much of a stink the GOP is willing to make...the media always loves a good fight.
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- Doctor Fate
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17 Jun 2011, 6:43 am
PCHiway wrote:Now, the paper that the White House sent over to Congress the day before yesterday could, I suppose, be that notification. That paper said, in effect, that since the US is just playing a supporting role in air operations and not engaging in any ground or sea operations beyond pilot rescue...that it isn't really a war and as such doesn't need a Congressional OK.
To be clear, I am not a fan of the WPA. However, I am even less a fan of imperial presidencies. If you can't get Congress to declare war or authorize force, you have no business spending taxpayer money.
As of now, most media major media outlets seem to be giving Obama a pass on this. Libya stuff is way below the fold these days. If I'm sitting in the West Wing...I'm not seeing a lot of clamor from the hoi polloi for some sort of resolution on this matter. That could change of course...it will depend on how much of a stink the GOP is willing to make...the media always loves a good fight.
The extreme wings, left and right, are agreed on this. However, it's not enough to stop the action--even if it came to a vote. I can't figure out why Obama won't do this. UN support--very important. NATO support--very important. Congress? Who cares.
I actually think this could weaken him politically to an attack from the left. In any event, it won't help him with any constituency--except the vast Libyan expatriate community.

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- Ray Jay
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17 Jun 2011, 7:20 am
It will also come back to bite him. Sometime in the future, a Republican President will want to intervene internationally and Democrats in Congress will try to stop him, and the Pres will cite this precedence and not bring it to a vote. It's very short sighted of Mr. Obama. What comes around, goes around.
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- GMTom
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17 Jun 2011, 8:52 am
What I do not understand is how can lobbing bomb after bomb, killing scores of soldiers at a time NOT be thought of as "war"
per my dictionary link:
War:
1. A state of open, armed, often prolonged conflict carried on between nations, states, or parties.
4. A condition of active antagonism or contention
5. A concerted effort or campaign to combat or put an end to something considered injurious.
fits all those definitions quite well.
...This reminds me of Clinton and his "can you define IS"
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- Ray Jay
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17 Jun 2011, 9:01 am
The only rational defense for Obama is that the War Powers Act (passed over Nixon's Veto) is an unconstitutional infringement of the Executive Branch's Constitutional authority. Congress has the constitutional authority to cut off funding for a war, but that's not what they are arguing right now. They are arguing that the POTUS needs their approval to engage in foreign wars after 60 days. But that authority is not a constitutional one, so it is questionable.
If Congress has a problem with the President's behavior they are free to collectively bring the matter to the Supreme Court to let them arbitrate. But Congress hasn't done that.
In the past the Democrats have argued that the War Powers Act is legal and many Republicans have argued that it is unconstitutional. So there's a lot of irony here.
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- Doctor Fate
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17 Jun 2011, 9:02 am
GMTom wrote:What I do not understand is how can lobbing bomb after bomb, killing scores of soldiers at a time NOT be thought of as "war"
per my dictionary link:
War:
1. A state of open, armed, often prolonged conflict carried on between nations, states, or parties.
4. A condition of active antagonism or contention
5. A concerted effort or campaign to combat or put an end to something considered injurious.
fits all those definitions quite well.
...This reminds me of Clinton and his "can you define IS"
That is the larger political problem--very few will buy that line of logic. He should either do what others have done and say the WPA is unconstitutional (which he won't, since that would be a flip-flop) or he should go to Congress, which will vote to support him (easily). His middle approach is politically daft and constitutionally untenable.
Way to go, Mr. President!
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- rickyp
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17 Jun 2011, 9:04 am
ray
Sometime in the future, a Republican President will want to intervene internationally and
Why talk of the future? There are clear examples in the past...In fact, attempts beyond the WPA to reign in the independence of the executive in foreign policy. And clear examples where the US President blatantly ignored laws passed by Congress.
At least Obama is making a clear legal arguement... Not just plotting to avoid the law like one of his predecssors.
I think there is a natural tension between the executive branch and congress that the WPA addresses specifically. To a certain extent Obama is protecting the powers of all future presidents.
I think he should take the matter to a vote. Without a mandate from Congress a lengthy operation is illegitimate. Frankly, I think he should get it passed, though the politics of war funding is increasingly difficult. Which could mean big cuts to all defence spending if the mood continues. I'll bet he's hoping they get a lucky strike on Ghaddaffi soon.
From Wiki
The Boland Amendment prohibited the federal government from providing military support "for the purpose of overthrowing the Government of Nicaragua." It aimed to prevent CIA funding of rebels opposed to the Marxist provisional junta, the Boland Amendment sought to block Reagan administration support for the Contra rebels. The amendment was narrowly interpreted by the Reagan administration to apply to only U.S. intelligence agencies, allowing the National Security Council, not so labeled, to channel funds to the Contra rebels. In order to block this, the amendment was changed to prohibit any funds for military or paramilitary operations.[4][5]
Administration officials argued that the Boland Amendment, or any act of Congress would not interfere with the president's conduct of foreign policy by restricting funds, as the president could seek funds from private entities or foreign governments
Don't you love that last bit. Outsourcing the funding of foreign policy to foreign governments?
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- Ray Jay
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17 Jun 2011, 9:08 am
I agree with Steve. It seems very short sighted to me. Say what you will about their respective intelligences, but Bush was smarter to have Congress share responsibility for Iraq.
Ricky, the real problem with Obama's argument is that he is on the record for vigorously supporting the WPA. I don't think he is making a clear legal argument at all. Its evident that he is approaching the problem on a very short term and short sighted basis.
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- Doctor Fate
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17 Jun 2011, 9:16 am
rickyp wrote:At least Obama is making a clear legal arguement... Not just plotting to avoid the law like one of his predecssors.
I hope you're not talking about Bush. If so, you are so far off you even disagree with the ACLU. They have recently lauded Bush for abiding by it and excoriated Obama for failing to do so.
I don't like the WPA. However, I think the Libya action is not in our interests, period. The "humanitarian" argument is tripe--in light of not only what is happening in Syria, but what is happening all over the world. This is an oil grab by our NATO friends, who don't even have the courtesy to tell the truth or pay for it.
To a certain extent Obama is protecting the powers of all future presidents.
Wrong. If he were, he would be saying the WPA is an unconstitutional restriction on the executive branch (as Ray points out, that would be a direct contradiction to his pre-election rhetoric). Instead, he is making the laughable assertion that this is not a conflict. That is protecting the power of future presidents to make a mockery of the English language, nothing more.
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- Archduke Russell John
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17 Jun 2011, 10:21 am
PCHiway wrote:According to the timer set by the War Powers Resolution, Obama has until Sunday. That's when the 90 day limit will expire. After that, by existing law, Obama would have to officially tell Congress something...
I do not believe this is correct. I believe the way the WPA is set up is that he has to notify Congress within 48 hours, get a Congressional vote approving the action within 60 days and failing to get that approval has 30 days to withdraw the forces.
Therefore, in actuality, the 90 days limit that passes on Sunday is technically the last day the U.S. forces could participate in the action because no Congressional approval has been received. Now what steps can be taken I do not know.
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- Neal Anderth
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17 Jun 2011, 12:49 pm
It's kind of like your mom telling you that she's going to have her boyfriend beat the shit out you when he gets off work. And when you say 'please don't mom' she says 'sorry it's really out of my hands hun'. I'm sure Libya feels like a full scale war is being waged on them and that Obama is the person who most controls said war.
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- rickyp
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17 Jun 2011, 1:41 pm
I don't think he is making a clear legal argument at all. Its evident that he is approaching the problem on a very short term and short sighted basis.
Well, I listened to a lawyer on CNN tell everyone it was 50/50.... So if the expert was really expert, I'd say thats better than an unclear arguement...
But yes, I think Obama is being short sighted. He should take the vote to Congress. Like his predecessors he's narrowly tied up in the kinds of balance of power arguements between Congress and the Executive branch but with lashings of the budget deficit discussion sprinkled on top.
He should be principled and simply make the case to Congress. If he loses he should abide by the result. What a great lesson in democracy that would be for the Libyan rebels, if they survive.
Incidentally the Canadian parliament voted this week on a 90 day extension of authority for Canadian participation. The vote was 1 vote shy of unanimous support. (Without the executive system competing for jurisdiction, Parliament has supreme authority) So the airforce ordered up another 300 guided bombs. The airforce claims Canada has taken 10% of the air sorties. So if you figure that it means they expect another 3000 guided bombs will be dropped on the Libyans in the next little while. Surely they gotta hit the crazy coot soon.
And Steve; read what i quoted from Wiki. I'm referring to Reagan.
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- Doctor Fate
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17 Jun 2011, 2:07 pm
rickyp wrote:I don't think he is making a clear legal argument at all. Its evident that he is approaching the problem on a very short term and short sighted basis.
Well, I listened to a lawyer on CNN tell everyone it was 50/50.... So if the expert was really expert, I'd say thats better than an unclear arguement...
On what? The War Powers Act? Or whether or not we are in a conflict?
If the latter, it's pretty silly. No one would buy the Administration's argument--except true believers.
The airforce claims Canada has taken 10% of the air sorties. So if you figure that it means they expect another 3000 guided bombs will be dropped on the Libyans in the next little while. Surely they gotta hit the crazy coot soon.
And, at least he can die knowing he was not at war with those who dropped bombs on his head.
And Steve; read what i quoted from Wiki. I'm referring to Reagan.
Um, when I quoted you, it was completely unclear--the Wiki thing was posted later.
I'd love to chat up the whole Iran-Contra thing though. Seems to me Obama is doing worse--he's
arming the enemies of our ally, Mexico, and lying about it.
The report’s findings:
“DOJ and ATF inappropriately and recklessly relied on a 20-year-old ATF Order to allow guns to walk.” The agencies misrepresented the intention of the order to justify their actions.
“Supervisors told the agents to ‘get with the program’ because senior ATF officials had sanctioned the operation.” At least one agent was cautioned that if he didn’t stop complaining about the dangerous nature of the operation, he would find himself out of a job, and lucky to be working in a prison.
“Operation Fast and Furious contributed to the increasing violence and deaths in Mexico. This result was regarded with giddy optimism by ATF supervisors hoping that guns recovered at crime scenes in Mexico would provide the nexus to straw purchasers in Phoenix.” ATF officials were seemingly unconcerned over the deaths of Mexican law enforcement officers, soldiers, and innocent civilians, noting that you had to “scramble a few eggs” to make an omelette, in a callous disregard of human life.
Senior ATF personnel including Acting Director Ken Melson, and senior Department of Justice officials at least up to an assistant attorney general, were well aware of and supported the operation.
Department of Justice officials hid behind semantics to lie and deny that they allowed guns to be walked across the border.
When asked by the Oversight Committee how many of 1,750 specific weapons that “walked” under orders of the ATF and DOJ could have been interdicted if agents were allowed to act as they were trained, the agents answered they could have stopped every single one.
The more than 2,000 weapons that the Obama Justice Department allowed to be delivered to Mexican narco-terrorist cartels are thought to have been used in the shooting of an estimated 150 Mexican law enforcement officers and soldiers battling the cartels. Two American law enforcement officers have also presumably fallen prey to these weapons, along with an unknown number of civilians on both sides of the border.
President Barack Obama’s Department of Justice has purposefully armed narco-terrorist drug cartels that have been accused of bombings, ambushes, mass murders, public executions, and the assassination of police, politicians, and civic leaders.
They're just so ethical. Like giving stimulus money and an ambassadorship to a bundler. Seriously, Obama is an outright "boss" in the pejorative sense.
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- GMTom
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18 Jun 2011, 11:52 am
Steve mentioned something very true. I had mentioned it long ago.
If this were about humanitarianism, we would have intervened in Syria. Many weeks ago I was told Syria did not compare (though it most certainly did) and now Syria is far WORSE than Libya in terms civilian security. Yemen is close behind, yet we are not in these places? The liberals who simply want to protect the innocent are not screaming we should help those people as well are they? This issue is all about two things
1. Oil, Europe needs Libyan oil
2. Liberals simply can not criticize Obama
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- Archduke Russell John
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18 Jun 2011, 4:40 pm
GMTom wrote:Yemen is close behind, yet we are not in these places?
I do believe we are bombing in Yemen. The only difference is that I believe we are supporting the government there.
http://www.nytimes.com/2011/06/09/world ... intel.html