June 18, 2011 in Nation/World

Obama overruled lawyers on Libya

Associated Press

WASHINGTON – 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 U.S. participation in the air operations against the regime of Libyan leader Moammar Gadhafi did not constitute “hostilities,” triggering the need for congressional permission under the War Powers Resolution, the New York Times reported in its online edition Friday night.

Among those reported to support the president’s action were White House counsel Robert Bauer and State Department legal adviser Harold H. Koh, the paper said. Those opposed included Pentagon General Counsel Jeh C. Johnson and Caroline D. Krass, acting head of the Justice Department’s Office of Legal Counsel.

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 authorization, 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 Sunday.

Eight comments on this story so far. Add yours!

jddavis on June 18 at 7:48 a.m.
Depends on what the meanings of “bombing” and “hostilities” are.
Ninch on June 18 at 7:55 a.m.
The lawsuit filed by a group of Congressional Dems and GOP against Obama re: Libya appears to have traction. The biggest hurdle is “standing” and after that a piece of cake. Obama’s justifications are lame and laughable. He is redefining the concept of “hostilities.” Most egregious is that Obama refused to inform or get permission from Congress (US Constitution) but instead relied on an UN resolution.
And please no more Bush Blaming from the uber-lib peanut gallery regarding Afghanistan and Iraq (which were debated and APPROVED by Congress)… because such rhetoric is only used to detract from OBAMA’S ILLEGAL WAR.
Diana on June 18 at 10:38 a.m.
It’s ironic that during the Bush Administration the Senate Armed Services Committee revealed documents showing military lawyers warned the Pentagon that instances of waterboarding, forced nakedness, isolation, sleep deprivation, and humiliation utilized at Guantanamo Bay Naval Base and at Abu Ghraib violated military, U.S., and international law, yet these objections were swiftly overruled by then top Pentagon lawyers.
misjustice on June 18 at 11:03 a.m.
Well, Diana, the Cheney Crime Adminstration just had John Yoo rewrite the definition of torture; problem solved.
I do not agree with action taken against Lybia and our nation’s involvement in it; even though it was legitimized through the UN resolutions and by using NATO to do the deed.
hawken on June 18 at 12:46 p.m.
Like Clinton,,,, depends upon what “is,” “is.”
hawken on June 18 at 12:53 p.m.
Why should Obama listen to Pentagon lawyers and the Dept of Justice lawyers when he’s got the UN and his own liberal left staff.
Hopalong on June 18 at 1:24 p.m.
The word “reasonable” is much used in law. I feel safe to say that most people in America would agree that killing people in masses is both hostile and could in any case be called a war. It just goes to show how lawyers can make a simple thing like reasonable sound unreasonable. Why do we bother to make laws if no one can agree on what the law means?
DickAdams on June 18 at 4:57 p.m.
Heck, the justice is broken anyway. Bama only needs to overrule any law he wants too.