Breaking the Law: Top Lawyers Lost to Obama in Libya War Policy Debate

In this country we have this pesky little document we call the U.S. Constitution. It is an older document that is suppose to be considered the "law" of the land, but sometimes in this day and age we fail to see the importance of its words. Even the President of the United States fails to see the importance of the Constitution along with most politicians that govern our country from Washington D.C.

The President of the United States is breaking the law and he could care less. He dedicated our armed forces to action in Libya almost 90 days ago and by law he must report to the Congress of the United States and seek permission to extend the use of force past the 90 day limit under the War Powers Resolution of 1973.

However, the President has failed to listen to the advice of his lawyers and believes he does not need Congressional approval to use the U.S. Military in Libya.

From the New York Times:

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.

The President is currently being challenged by members of Congress who hold the power to authorize military force under the Constitution and hold the power of the purse for military action.

Members of Congress have currently introduced a lawsuit that challenges the authority the President believes he has to commit U.S. Military personnel to hostile action in Libya. They have a valid argument and can prove that the President is in direct violation of the law and his duties as President. 

As someone who studies the Constitution and the Law, this could turn out to be an impeachable offense under the Constitution if it is decided the President violated the War Powers Resolution of 1973.

We will stay updated on all breaking aspects of this story and keep you in the loop....more to come!