Obama Rejected His OWN LAWYERS When He Waged His ‘Not-War’ With Libya And Ignored Congress

When Bush – during the tense crisis-aftermath of having just been horribly attacked by terrorists and having no idea if we’d be attacked again – asked his lawyers what he could do and what he could not do, HE LISTENED TO THEM.

Obama, the self-righteous hypocrite, denounced Bush for listening to the conclusions of his top laywers.  Obama and his legal puppet Eric Holder actually wanted to criminalize the men who did what they had to do during an incredibly dangerous time for our nation.  They actually sought to politicize the war and hold the previous administration criminally responsible basically for not being as foolish as the Obama Administration and it’s “man-caused disasters” instead of “terrorism” and it’s “overseas contingency operation” instead of “war on terror.”

But now we Obama is greater than his lawyers, and certainly far greater than the Constitution, in his own diseased mind.

Obama rejects top lawyers’ views on war power in Libya
Key figures in administration’s legal team questioned continuation of air war without Congress’ OK
By CHARLIE SAVAGE
June 17, 2011

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.

Presidents have the legal authority to override the legal conclusions of the Office of Legal Counsel and to act in a manner that is contrary to its advice, but it is extraordinarily rare for that to happen. Under normal circumstances, the office’s interpretation of the law is legally binding on the executive branch.

A White House spokesman, Eric Schultz, said there had been “a full airing of views within the administration and a robust process” that led Mr. Obama to his view that the Libya campaign was not covered by a provision of the War Powers Resolution that requires presidents to halt unauthorized hostilities after 60 days.

“It should come as no surprise that there would be some disagreements, even within an administration, regarding the application of a statute that is nearly 40 years old to a unique and evolving conflict,” Mr. Schultz said. “Those disagreements are ordinary and healthy.”

Still, the disclosure that key figures on the administration’s legal team disagreed with Mr. Obama’s legal view could fuel restiveness in Congress, where lawmakers from both parties this week strongly criticized the White House’s contention that the president could continue the Libya campaign without their authorization because the campaign was not “hostilities.”

The White House unveiled its interpretation of the War Powers Resolution in a package about Libya it sent to Congress late Wednesday. On Thursday, the House speaker, John A. Boehner, Republican of Ohio, demanded to know whether the Office of Legal Counsel had agreed.

“The administration gave its opinion on the War Powers Resolution, but it didn’t answer the questions in my letter as to whether the Office of Legal Counsel agrees with them,” he said. “The White House says there are no hostilities taking place. Yet we’ve got drone attacks under way. We’re spending $10 million a day. We’re part of an effort to drop bombs on Qaddafi’s compounds. It just doesn’t pass the straight-face test, in my view, that we’re not in the midst of hostilities.”

A sticking point for some skeptics was whether any mission that included firing missiles from drone aircraft could be portrayed as not amounting to hostilities.

As the May 20 deadline approached, Mr. Johnsen advocated stopping the drone strikes as a way to bolster the view that the remaining activities in support of NATO allies were not subject to the deadline, officials said. But Mr. Obama ultimately decided that there was no legal requirement to change anything about the military mission.

The administration followed an unusual process in developing its position. Traditionally, the Office of Legal Counsel solicits views from different agencies and then decides what the best interpretation of the law is. The attorney general or the president can overrule its views, but rarely do.

In this case, however, Ms. Krass was asked to submit the Office of Legal Counsel’s thoughts in a less formal way to the White House, along with the views of lawyers at other agencies. 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.

A senior White House official, who spoke on the condition of anonymity to talk about the internal deliberations, said the process was “legitimate” because “everyone knew at the end of the day this was a decision the president had to make” and the competing views were given a full airing before Mr. Obama.

The theory Mr. Obama embraced holds that American forces have not been in “hostilities” as envisioned by the War Powers Resolution at least since early April, when NATO took over the responsibility for the no-fly zone and the United States shifted to a supporting role providing refueling assistance and surveillance — although remotely piloted American drones are still periodically firing missiles.

The administration has also emphasized that there are no troops on the ground, that Libyan forces are unable to fire at them meaningfully and that the military mission is constrained from escalating by a United Nations Security Council resolution.

That position has attracted criticism. Jack L. Goldsmith, who led the Office of Legal Counsel during the Bush administration, has written that the administration’s interpretation is “aggressive” and unpersuasive, although he also acknowledged that there was no clear answer and little chance of a definitive court ruling, so the reaction of Congress would resolve it.

Walter Dellinger, who led the Office of Legal Counsel during the Clinton administration, said that while “this is not an easy question,” Mr. Obama’s position was “both defensible and consistent with the position of previous administrations.” Still, he criticized the administration’s decision-making process.

“Decisions about the lawfulness of major presidential actions should be made by the Department of Justice, and within the department by the Office of Legal Counsel, after consultation with affected agencies,” he said. “The president always has the power of final decision.”

Other high-level Justice lawyers were also involved in the deliberations, and Attorney General Eric H. Holder Jr. supported Ms. Krass’s view, officials said.

Matthew Miller, a Justice Department spokesman, said, “Our views were heard, as were other views, and the president then made the decision as was appropriate for him to do.”

This article, “Obama Rejects 2 Top Lawyers’ Views on War Power in Libya,” first appeared in The New York Times.

Even DEMOCRATS are now beyond outraged for Obama’s contempt for the truth and for basic reality:

Representative Lynn Woolsey charged the President of showing “contempt” for the Constitution, and insulting the intelligence of the American people.  Woolsey made the following statement: “The Obama Administration’s argument is one that shows contempt for the Constitution and for the executive’s co-equal branch of government, the United States Congress.  To say that our aggressive bombing of Libya does not rise to the level of ‘hostilities’ flies in the face of common sense and is an insult to the intelligence of the American people.  This act must not stand, because we can’t afford another full-blown war—the ones we’re already fighting are bankrupting us morally and fiscally.  Let those who support the military campaign against Libya make their case, in an open debate culminating with a vote in the U.S. Congress.  The American people deserve nothing less.”

Democrats denounced the two wars Bush waged in Afghanistan and Iraq.  Obama is still in both countries, but in addition he is now bombing three others.  WE ARE NOW IN FIVE WARS UNDER OBAMA.

And now we learn that we is circumventing the normal proces and not even bothering to listen to his own top lawyers.

What we are finding out is that Democrats are the quintessential essence of hypocrisy, with way too few exceptions.  Where are all the damn liberal protestors shouting about all these outrages?  They crawled out from every rock when Bush was president.

Barack Obama should be impeached according to the standard of BARACK OBAMA:

“The President does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation,” Obama responded [on December 20, 2007].

Unlike Barack Obama, George Bush NEVER ACTED IN SUCH A MANNER.

If Democrats had any honor or integrity whatsoever, this would not stand.  The problem is that they don’t.

We have a fascist for a president.

Update, 6/18: Headline: “NATO bombs Tripoli, sending Khadafy into rage.”  Strange, this.  It seems that Qaddafi is under the clearly completely false impression that Obama constantly bombing his country somehow qualifies as “hostilities” or mayhap even “war.”  I’m sure it’s all just a complete misunderstanding, one that the Teleprompter-in-Chief could lay to rest with one of his long speeches.

Advertisements

Tags: , , , , , , , , , , , , , ,

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s


%d bloggers like this: