Eugene Robinson had the best column I’ve seen about the President’s game-playing with war powers on Libya.
Blasting dictator Moammar Gaddafi’s troops and installations from above with unmanned drone aircraft may or may not be the right thing to do, but it’s clearly a hostile act. Likewise, providing intelligence, surveillance and logistical support that enable allied planes to attack Gaddafi’s military — and, increasingly, to target Gaddafi himself — can only be considered hostile. These are acts of war.
Yet Obama, with uncommon disregard for both language and logic, takes the position that what we are doing in Libya does not reach the “hostilities” threshold for triggering the War Powers Act, under which presidents must seek congressional approval for any military campaign lasting more than 90 days. House Speaker John Boehner said Obama’s claim doesn’t meet the “straight-face test,” and he’s right.
To be sure, Boehner is also playing politics. In the past, he has argued that the War Powers Act is “constitutionally suspect” because it seeks to tie the hands of the commander in chief. I don’t believe it’s accidental that Boehner’s newfound respect for the much-disputed law coincides with the Republican Party’s electoral stance, which is that every single thing Obama has ever done is wrong.
But the law remains in force and, while presidents of both parties routinely find ways around it, they usually find a more credible dodge than asking, “War? What war?”
The fact that the Pentagon is handing out “imminent danger” pay to troops working in Libya suggests that “hostilities” are indeed taking place.
People who I talk to about the Libya situation always want to get concrete, asking whether we should help a people remove a murderous dictator or not. First of all, if we do want to help, there are better ways to do that than blast away at Gadhafi’s compound rather than actually take on the task of protecting civilians. Libyan tanks were able to roll through the desert to Misurata and lay siege to the city, the very outcome that NATO was empowered by the UN to prevent, while airstrikes rained down in Tripoli. These are bad tactics, and Libya war supporter Juan Cole is right to point them out. In fact, all of Cole’s points about tactics in the war are sound.
Cole is also right that the Administration should have sought Congressional authorization. And that’s the point I always come back to. Whether or not you agree with the Libyan mission, the point is to prevent the next President from aggrandizing executive warmaking power through subverting the Constitution. If any mission where American lives aren’t threatened doesn’t count as “hostilities,” it brings us into an era of unaccountable drone wars. This is a terrible outcome with dangerous consequences, and should be stopped.
But it can only be stopped by Congress. And here we have competing yet somewhat complementary actions. First, freshman House member Joe Heck (R-NV) introduced a bill to end all funding for the Libya operation within 30 days. Heck believes that the President is in violation of the War Powers Resolution and must be stopped. At the same time, John McCain and John Kerry will introduce a bill in the Senate that would provide Congressional authorization for the war for one year, with a ban on ground troops. Harry Reid appears to support the idea. McCain pleaded with his colleagues in the House GOP today, in remarks on the Senate floor, not to meddle with the President’s warmaking powers at a time when Gadhafi is close to being overthrown.
These look like conflicting resolutions, but they’re not. Both of them say that war authorization must emanate from the Congress and not the executive. One resolution approves of the war and one doesn’t. But the principle is that Congress is in control where war powers are concerned. The Congressional leadership was ready to drop this, but they were pressured from the bottom up to assert themselves. That’s generally a positive development.





19 Comments


Support this site!
Subscribe to the newsletter
Advertise on Firedoglake
Send
us your tips
Make us your homepage
About FDL News Desk
Obama’s impeachment is now inevitable.
http://www.larouchepac.com/node/18517
2008: Change You Can Believe In
2012: Stop Me If You Can
the Pentagon is handing out “imminent danger” pay to troops working in Libya
Oh wonderful boots on the ground, I now wonder they want pull troops out A so they be moved to here. OH right they have oil and A has minerals that the Chinese have won out. It must be nice to slice up the little people so the players can have the spoils. mWTF
Beese and myyles right on
What part of “war is peace” don’t the American citizens understand. Big O can target and assassinate anyone he desires.
Hey, awesome, the last 2 losing presidential candidates team up to do some serious damage.
I’m glad you’re focused on the legal questions, but the parents of babies being killed by NATO bombs don’t care if John Boenher and Harry Reid have found a way to sign off on them. Which is to say there’s a moral argument to be made against this odyssey — one you were beginning to make at the outset of the war, D-Day.
The legal questions are important but they can also be something to hide behind, as Robinson does:
Great, so Kerry and McCain can push their bullshit through Congress, and we can all stop worry about whether bombing Tripoli into the stone ages is the right thing to do. Not only are there the direct humanitarian costs but the costs to Libya’s future, On that point, I recommend this piece:
http://leninology.blogspot.com/2011/04/springtime-for-nato-in-libya.html
I think you’ll like this. Arthur Silber is back and he’s blistering the PTB’s
http://powerofnarrative.blogspot.com/2011/06/fragile-vanity-of-war-criminal.html
Behold the Magnificent Mindless ‘Merican Murder Machine delivering death as we speak.
Wait till we’re on the business end of our insanity.
ooppss,,../g
Thank you I wish I had $$$$ to help him
What Cole points out as “mistakes” are actually features, not bugs. Cole is also overlooking the considerable number of Libyans who still support Gaddafi, and while some American assholes may think that bombing Gaddafi will make them support him less, time and time again history has shown us the opposite.
This military operation in Libya is not about “humanitarian” goals any more than the invasion of Iraq was about WMDs. It is about control of the oil and the region, and making the oil fields safe for Western oil companies.
Also, Cole will not publish my comments. Too critical of him, I guess.
Thanks — I needed that.
I
M
P
E
A
C
H
M
E
N
T
TEST.
TEST?
If memory serves me well, it was just a few short years ago when the previous President, named Bush I believe, went to Congress to get the authorization, twice I might add, to send US troops into war. Argue you may whether or not it was the right thing to do, but I seem to remember that a slew of those in opposition to said Bush said that “these wars are illegal” and “Bush should be impeached for war crimes.” Oh, yeah – and those in opposition marched and called said Mr. Bush a Hitler and a war criminal and the like, demanding that the wars be ended.
Fast forward just a few years, when a little-known US Senator from Illinois ran for Mr. Bush’s job by saying that he would end that evil war in Iraq (one of the two which Bush got congressional authorization for). Remember that several Democrats voted for those wars in Afghanistan and Iraq, including, if memory serves me well, John Kerry (the 2004 Democrat Presidential nominee), John Edwards (the 2004 Democrat Vice President nominee), and Hillary Clinton (who ran for President in 2008 and is now the Secretary of State).
And this Senator from Illinois said that if elected President he would never do what Bush did – he would not start wars, he would end them. No more war in Iraq! No more war in Afghanistan! He will end them! Hope and change!
Again, let’s get in the old time machine and jet forward to 2011, three years into the pesl term of that Illinois Senator-now-President. He won a Nobel Prize for Peace weeks into his term, right? So, did he end the wars in Iraq and Afghanistan?
No? How come?
But he didn’t start any new wars, right?
What? Are you saying he did?
But he did like Bush did and got congressional authority to fight them, right?
WHAT? He didn’t? Why not?
Wait a second. He said…what? That our troops dropping bombs and fighting in a war is not “hostilities”?
Really? Aw, come on!
I seem to remember that this Illinois Senator said that he would do things differently. He said he would follow the Constitution, when Bush didn’t.
But if Bush got congressional authority for two wars, and the Left called him names and protested him as a war criminal and an abuser of the Constitution, and the Illinois Senator-slash-President is going to war WITHOUT congressional authority, isn’t the Left going to protest him? Aren’t they going to call him “Hitler” and “war criminal”?
No? Why not?
One word…let me spell it for you:
H-Y-P-O-C-R-I-S-Y.
I know I’m going to regret this but …
Give it a rest troll. Everything you’ve mentioned took years to coalesce
Whoa, “working in Libya”, doesn’t that mean “boots on the ground” that we’ve been told is not the case?
No, turns out the Wapo article says the “imminent danger pay” is for “service members who fly planes over Libya or serve on ships within 110 nautical miles of its shores.” So it’s not “hostilities” after all.
=== http://globalsell.org/ ===We are specialized in offering all kinds of top brand shoes, jeans, t-shirts, bikini, swimwear, jacket, jerseys, watches, purses, handbags, belts, wallets , sunglasses and hats etc. we are serious and professional jersey supplier,we can offer NFL,NHL,MLB,NBA jerser,the NFL jersey 18usd each,the NHL jersey 38USD each.MLB jersey 18usd each,NAB jersey 18usd each.we have many jerseys of other players, $30 nike shoes,air jordan shoes,nike shox shoes,gucci shoes $33 true religion jeans, ed hardy jeans,coogi jeans,affliction jeans, Laguna Beach Jeans $16 ed hardy T-shirts,Coogi T-shirts,Christian Audigier T-shirts,Gucci T-shirts,Polo T-shirts. $30 coach handbag,gucci handbag,prada handbag, $12sunglasses,$9 caps. accept paypal free shipping
=== http://globalsell.org/ ===
Revolutions are internal matters of a country … the revolution in Gypto was successful internally … people were not killed, cities were not bombed, war was not raged, outside countries didn’t send their forces … whatever was done … it was within the country and by the people … without outside support … that’s a revolution.
Look at the massacre they are carrying out in Tibby … you call that a revolution man … you call that an operation for the people?
Read more:
http://godinthejungle.com/index.php/story-notes/390-saturday-june-18-2011.html