18-06-2011, 09:38 AM
Obama 'ignored Libya legal advice'
- Press Association, Saturday June 18 2011 US President Barack Obama decided he could continue the air war in Libya without congressional approval despite rulings to the contrary from Justice Department and Pentagon lawyers, according to published reports.
The president relied instead on the opinions of other senior administration lawyers that continuing US participation in the air operations against the regime of Libyan leader Muammar Gaddafi did not constitute "hostilities", triggering the need for Congressional permission under the War Powers Resolution, the New York Times reported in its online edition.
Among those reported to support the president's action were White House counsel Robert Bauer and State Department legal adviser Harold Koh, the paper said.
Those opposed included Pentagon General Counsel Jeh Johnson and acting head of the Justice Department's Office of Legal Counsel Caroline Krass.
One issue was reported to be whether firing missiles from drones amounted to hostilities.
Presidents can ignore the advice of the Office of Legal Counsel, but rarely do so, the newspaper reported.
The 1973 law prohibits the military from being involved in actions for more than 60 days without congressional authorisation, plus a 30-day extension.
The 60-day deadline passed last month with the White House saying it is in compliance with the law.
The 90-day mark is tomorrow.
Barack Obama Lybia
"The philosophers have only interpreted the world, in various ways. The point, however, is to change it." Karl Marx
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"He would, wouldn't he?" Mandy Rice-Davies. When asked in court whether she knew that Lord Astor had denied having sex with her.
“I think it would be a good idea” Ghandi, when asked about Western Civilisation.