” As in the case of the no-fly zone patrols and periodic airstrikes in Bosnia before the deployment of ground troops in 1995 and the NATO bombing campaign in connection with the Kosovo conflict in 1999—two military campaigns initiated without a prior declaration of war or other specific congressional authorization—President Obama determined that the use of force in Libya by the United States would be limited to airstrikes and associated support missions; the President made clear that “[t]he United States is not going to deploy ground troops in Libya.” Obama March 18, 2011 Remarks. The planned operations thus avoided the difficulties of withdrawal and risks of escalation that may attend commitment of ground forces—two factors that this Office has identified as “arguably” indicating “a greater need for approval [from Congress] at the outset,” to avoid creating a situation in which “Congress may be confronted with circumstances in which the exercise of its power to declare war is effectively foreclosed.” Proposed Bosnia Deployment, 19 Op. O.L.C. at 333.”
Authority to use Military Force in Libya, Official Opinion of Office of Legal Counsel, Department of Justice, April 4, 2011, available at: http://www.justice.gov/olc/2011/authority-military-use-in-libya.pdf
Obama invaded attacked cooperated with other countries to enact force upon military targets in Libya to oust unsettle vaguely encourage the retirement of Moammar Gadhafi. His weapon of choice was bombs and missiles. A lot of missiles. There was question as to whether Obama had the authority to use military force in the first place. The Office of Legal Counsel – a presumably non-partisan office in the DOJ – issued an opinion, quoted above, that said all was kosher. Few quibbled with that. Under the War Powers Resolution, however, he has 60 days to play G.I. Joe before the Congress needs to officially approve.
It’s been 60 days. Congress is getting antsy. Continue reading →
