FacebookTwitterGoogle+RedditEmail

Obama’s Libya Defense

The arguments made to “legalize” war, torture, warrantless spying, and other crimes by John Yoo and Jay Bybee and their gang are looking rational, well-reasoned, and impeccably researched in comparison with Obama’s latest “legalization” of the Libya War.

Here’s the key section from Wednesday’s report to Congress:

“Given the important U.S. interests served by U.S. military operations in Libya and the limited nature, scope and duration of the anticipated actions, the President had constitutional authority, as Commander in Chief and Chief Executive and pursuant to his foreign affairs powers, to direct such limited military operations abroad. The President is of the view that the current U.S. military operations in Libya are consistent with the War Powers Resolution and do not under that law require further congressional authorization, because U.S. military operations are distinct from the kind of ‘hostilities’ contemplated by the Resolution’s 60 day termination provision. U.S. forces are playing a constrained and supporting role in a multinational coalition, whose operations are both legitimated by and limited to the terms of a United Nations Security Council Resolution that authorizes the use of force solely to protect civilians and civilian populated areas under attack or threat of attack and to enforce a no-fly zone and an arms embargo. U.S. operations do not involve sustained fighting or active exchanges of fire with hostile forces, nor do they involve the presence of U.S. ground troops, U.S. casualties or a serious threat thereof, or any significant chance of escalation into a conflict characterized by those factors.”

Whatever the president’s “foreign affairs powers” may be, they do not, under the U.S. Constitution, include the power to launch “military operations” or “hostilities” or “wars.” Nor has the distinction between “military operations” that involve what ordinary humans call warfare (blowing up buildings with missiles) and “hostilities” that qualify for regulation under the War Powers Resolution been previously established. This distinction is as crazy as any that have come out of U.S. government lawyers in the past.

The War Powers Resolution forbids unconstitutional wars unless the United States is attacked. But even ignoring that fact, as is the custom, the Resolution says right at the top:

“It is the purpose of this joint resolution to fulfill the intent of the framers of the Constitution of the United States and insure that the collective judgment of both the Congress and the President will apply to the introduction of United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, and to the continued use of such forces in hostilities or in such situations.”

Anything from imminent involvement in hostilities to hostilities is covered. There doesn’t seem to be a gap left through which to exclude bombing people’s homes in a non-hostile manner with non-combat troops as part of an overseas contingency operation.

Congresswoman Lynn Woolsey remarks: “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.”

Further down, the same resolution makes clear:

“For purposes of this joint resolution, the term ‘introduction of United States Armed Forces’ includes the assignment of members of such armed forces to command, coordinate, participate in the movement of, or accompany the regular or irregular military forces of any foreign country or government when such military forces are engaged, or there exists an imminent threat that such forces will become engaged, in hostilities.”

So, the “constrained and supporting role in a multinational coalition” is completely irrelevant, and would be even if it were true that a UN resolution was being adhered to.

The Obama report to Congress spends half its time claiming that the United States is not part of the NATO operation in any major way, and the other half warning that the NATO operation would collapse without the United States:

“If the United States military were to cease its participation in the NATO operation, it would seriously degrade the coalition’s ability to execute and sustain its operation designed to protect Libyan civilians and to enforce the no-fly zone and the arms embargo, as authorized under UNSCR 1973. Cessation of U.S. military activities in support of OUP would also significantly increase the level of risk for the remaining Allied and coalition forces conducting the operation, which in turn would likely lead to the withdrawal of participation in the operation.”

The “limited nature, scope and duration of the anticipated actions” is irrelevant. The War Powers Act specifically sets a limit of 60 days, which has passed. Moreover, not that it matters legally, but the House resolution to which this report was a response asked for some information that the report does not provide, including:

“The anticipated scope and duration of continued United States military involvement in support of NATO activities regarding Libya.”

The report says the duration is limited, but that merely suggests it’s not infinite.

I have my doubts even about that claim.

David Swanson is a writer in Charlottesville, Va.

More articles by:

David Swanson wants you to declare peace at http://WorldBeyondWar.org  His new book is War No More: The Case for Abolition.

Weekend Edition
August 17, 2018
Friday - Sunday
Nick Pemberton
Donald Trump and the Rise of Patriotism 
CJ Hopkins
Where Have All the Nazis Gone?
Joseph Natoli
First Amendment Rights and the Court of Popular Opinion
Andrew Levine
Midterms 2018: What’s There to Hope For?
Jeffrey St. Clair
Roaming Charges: Running Out of Fools
Ajamu Baraka
Opposing Bipartisan Warmongering is Defending Human Rights of the Poor and Working Class
Paul Street
Corporate Media: the Enemy of the People
David Macaray
Trump and the Sex Tape
Daniel Falcone
The Future of NATO: an Interview With Richard Falk
Robert Hunziker
Hothouse Earth
Cesar Chelala
The Historic Responsibility of the Catholic Church
Ron Jacobs
The Barbarism of US Immigration Policy
Kenneth Surin
In Shanghai
William Camacaro - Frederick B. Mills
The Military Option Against Venezuela in the “Year of the Americas”
Nancy Kurshan
The Whole World Was Watching: Chicago ’68, Revisited
Robert Fantina
Yemeni and Palestinian Children
Alexandra Isfahani-Hammond
Orcas and Other-Than-Human Grief
Shoshana Fine – Thomas Lindemann
Migrants Deaths: European Democracies and the Right to Not Protect?
Paul Edwards
Totally Irrusianal
Thomas Knapp
Murphy’s Law: Big Tech Must Serve as Censorship Subcontractors
Mark Ashwill
More Demons Unleashed After Fulbright University Vietnam Official Drops Rhetorical Bombshells
Ralph Nader
Going Fundamental Eludes Congressional Progressives
Hans-Armin Ohlmann
My Longest Day: How World War II Ended for My Family
Matthew Funke
The Nordic Countries Aren’t Socialist
Daniel Warner
Tiger Woods, Donald Trump and Crime and Punishment
Dave Lindorff
Mainstream Media Hypocrisy on Display
Jeff Cohen
Democrats Gather in Chicago: Elite Party or Party of the People?
Victor Grossman
Stand Up With New Hope in Germany?
Christopher Brauchli
A Family Affair
Jill Richardson
Profiting From Poison
Patrick Bobilin
Moving the Margins
Alison Barros
Dear White American
Celia Bottger
If Ireland Can Reject Fossil Fuels, Your Town Can Too
Ian Scott Horst
Less Voting, More Revolution
Peter Certo
Trump Snubbed McCain, Then the Media Snubbed the Rest of Us
Dan Ritzman
Drilling ANWR: One of Our Last Links to the Wild World is in Danger
Brandon Do
The World and Palestine, Palestine and the World
Negin Owliaei
Toys R Us May be Gone, But Its Workers’ Struggle Continues
Chris Wright
An Updated and Improved Marxism
Daryan Rezazad
Iran and the Doomsday Machine
Patrick Bond
Africa’s Pioneering Marxist Political Economist, Samir Amin (1931-2018)
Louis Proyect
Memoir From the Underground
Binoy Kampmark
Meaningless Titles and Liveable Cities: Melbourne Loses to Vienna
Andrew Stewart
Blackkklansman: Spike Lee Delivers a Masterpiece
Elizabeth Lennard
Alan Chadwick in the Budding Grove: Story Summary for a Documentary Film
FacebookTwitterGoogle+RedditEmail