President Obama is taking a bold and dangerous move into tyrannical waters with his most recent example of contempt for limitations on his office. He is making the claim that the War Powers Act does not apply to the current military action in Libya because we aren’t really fighting anyone and NATO and the UN are in charge:
In contending that the limited American role did not oblige the administration to ask for authorization under the War Powers Resolution, the report asserted that “U.S. operations do not involve sustained fighting or active exchanges of fire with hostile forces, nor do they involve U.S. ground troops.” Still, the White House acknowledged, the operation has cost the Pentagon $716 million in its first two months and will have cost $1.1 billion by September at the current scale of operations.
…
The two senior administration lawyers contended that American forces had not been in “hostilities” at least since early April, when NATO took over the responsibility for the no-fly zone and the United States shifted to primarily a supporting role — providing refueling and surveillance to allied warplanes, although remotely piloted drones operated by the United States periodically fire missiles, too.
They argued that United States forces are at little risk because there are no troops on the ground and Libyan forces are unable to exchange fire with them meaningfully. And they said the military mission was constrained by a United Nations Security Council resolution, which authorized air power for the purpose of defending civilians.
“We are not saying the president can take the country into war on his own,” said Mr. Koh, a former Yale Law School dean and outspoken critic of the Bush administration’s expansive theories of executive power. “We are not saying the War Powers Resolution is unconstitutional or should be scrapped or that we can refuse to consult Congress. We are saying the limited nature of this particular mission is not the kind of ‘hostilities’ envisioned by the War Powers Resolution.”
Except justified these kinds of hostilities by citing the War Powers Act. Hat Tip to Weasel Zippers:
In his March 21 letter to Congress, Obama said he was ordering the military to begin carrying out airstrikes and missile attacks against Gadhafi, citing his authority as commander in chief and saying that the letter satisfied the requirement that he report to Congress in the War Powers Act.
“For these purposes, I have directed these actions, which are in the national security and foreign policy interests of the United States, pursuant to my constitutional authority to conduct U.S. foreign relations and as Commander in Chief and Chief Executive,” wrote Obama.
“I am providing this report as part of my efforts to keep the Congress fully informed, consistent with the War Powers Resolution. I appreciate the support of the Congress in this action,” Obama wrote. (Emphasis added.)
Now that things ended up differently than expected, (days, not weeks) then Obama has to flip the script and pretend what he said is not what he meant and what is going on now is not what is going on now.
Either our military is actively engaged in combat against forces in Libya, or it isn’t.
If it isn’t, why are our drones bombing targets to a tune of $10 million a day?
It’s difficult for me to accept that the president can take our military to war and when the 90 day limit is up, step back and say, “Nothing to see here. Move along.”

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