House Speaker John Boehner on Tuesday warned President Obama that his administration would be in violation of the War Powers Resolution unless he seeks authorization from Congress for America?s military involvement in the NATO operations in Libya or the United States withdraws from those operations.
In a letter, Mr. Boehner requests that the president explain the legal grounds for failing to seek Congressional authorization in the 90 days since Mr. Obama informed Congress of the start of the mission in Libya; on Sunday, it will be 90 days since Congress was formally notified that the mission had begun. (Under the War Powers Resolution, the president is supposed to terminate a deployment into hostilities if Congress has not provided authorization within 60 days, although some circumstances the deadline can be extended another 30 days.)
The request comes less than two weeks after the House voted 268 to 145 to formally rebuke Mr. Obama for continuing to maintain an American role in NATO operations in Libya without the express consent of Congress, and directed the administration to provide detailed information about the cost and objectives of the American role in the conflict.
?Since the mission began, the administration has provided tactical operational briefings to the House of Representatives, but the White House has systematically avoided requesting a formal authorization for its action,? the letter reads. Mr. Boehner further states, ?I remain deeply concerned the Congress has not been provided answers from the executive branch to fundamental questions regarding the Libya mission necessary for us to fulfill our equally important constitutional responsibilities.?
After Mr. Boehner released his letter, Tommy Vietor, a spokesman for the National Security Council, said in a statement: ?We are in the final stages of preparing extensive information for the House and Senate that will address a whole host of issues about our ongoing efforts in Libya, including those raised in the House resolution as well as our legal analysis with regard to the War Powers Resolution. Since March 1, administration witnesses have testified at over 10 hearings that included a substantial discussion of Libya and participated in over 30 member or staff briefings, and we will continue to consult with our Congressional colleagues.?
There is bipartisan anger within the halls of Congress about the continued role of the United States in the mission in Libya, and the sense that Congressional powers have been usurped. Some senators have offered their own resolutions on the matter. House Republicans have suggested that they will funding for the Libyan operations if their requests are not met.
However, it is not clear if the resolution and follow-up letter have any teeth. A decision by the Supreme Court more than two decades ago suggested that Congress is not empowered to enforce a resolution or other directive that the president has no chance to veto ? as he can with a bill.
The United States is providing NATO with intelligence, logistical support and armed drones in what is largely a bombing campaign against Libyan government forces. The administration has contended that it is within Mr. Obama?s power to initiate American participation in the hostilities without Congress?s approval because the combat is limited to an air offensive. These notions were reiterated in a letter that Mr. Obama sent to Congress last month, in which he said that the United States had turned control of the operation over to NATO and that it was primarily providing support to allies.
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Source: http://thecaucus.blogs.nytimes.com/2011/06/14/boehner-warns-obama-on-libya-operations/
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