Trajan
conscientia mille testes
well, saw this on Memorandum.....I saw it at hot air as well and, frankly, I would be just robing their words so I will let them tell it...
first the Times;
2 Top Lawyers Lost to Obama in Libya War Policy Debate
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 Departments Office of Legal Counsel, had told the White House that they believed that the United States militarys 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 militarys activities fell short of hostilities. Under that view, Mr. Obama needed no permission from Congress to continue the mission unchanged.
Presidents have the legal authority to override the legal conclusions of the Office of Legal Counsel and to act in a manner that is contrary to its advice, but it is extraordinarily rare for that to happen. Under normal circumstances, the offices interpretation of the law is legally binding on the executive branch
The administration followed an unusual process in developing its position. Traditionally, the Office of Legal Counsel solicits views from different agencies and then decides what the best interpretation of the law is. The attorney general or the president can overrule its views, but rarely do.
In this case, however, Ms. Krass was asked to submit the Office of Legal Counsels thoughts in a less formal way to the White House, along with the views of lawyers at other agencies. After several meetings and phone calls, the rival legal analyses were submitted to Mr. Obama, who is a constitutional lawyer, and he made the decision.
more at-
http://www.nytimes.com/2011/06/18/world/africa/18powers.html?_r=2&hp=&pagewanted=all
comment-
The Times is treating it as the major story that it is, but under a Republican president (especially one named, say, George Bush) it would be a scandal of nuclear proportions. What theyre basically saying here, without actually saying it, is that the presidents own lawyers told him that the Libya war is illegal and he responded by looking around for other lawyers whod tell him what he wanted to hear.
See what he did here? The OLC is typically called the presidents law firm because its tasked with advising him on what he can and cant legally do with his office. They study the law and consult with relevant agencies, and then they make a formal determination to guide his actions. Thats what should have happened here they likely would have determined that he was violating the War Powers Act, which in turn would have forced him to go to Congress and finally request formal authorization of the mission. (In fact, Johnson, the Pentagons counsel, reportedly told Obama hed be on firmer ground if he stopped the drone strikes, at least. Obama refused.) This time, because he almost certainly knew that theyd tell him that he was in violation, he bypassed the normal procedures to avoid a binding ruling and treated the OLC as if it was just one lawyer among many. He rigged the game because he knew what the probable outcome would be if he didnt. Disgraceful.
NYT: Obama overruled top Pentagon, DOJ lawyers on Libya war powers « Hot Air
first the Times;
2 Top Lawyers Lost to Obama in Libya War Policy Debate
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 Departments Office of Legal Counsel, had told the White House that they believed that the United States militarys 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 militarys activities fell short of hostilities. Under that view, Mr. Obama needed no permission from Congress to continue the mission unchanged.
Presidents have the legal authority to override the legal conclusions of the Office of Legal Counsel and to act in a manner that is contrary to its advice, but it is extraordinarily rare for that to happen. Under normal circumstances, the offices interpretation of the law is legally binding on the executive branch
The administration followed an unusual process in developing its position. Traditionally, the Office of Legal Counsel solicits views from different agencies and then decides what the best interpretation of the law is. The attorney general or the president can overrule its views, but rarely do.
In this case, however, Ms. Krass was asked to submit the Office of Legal Counsels thoughts in a less formal way to the White House, along with the views of lawyers at other agencies. After several meetings and phone calls, the rival legal analyses were submitted to Mr. Obama, who is a constitutional lawyer, and he made the decision.
more at-
http://www.nytimes.com/2011/06/18/world/africa/18powers.html?_r=2&hp=&pagewanted=all
comment-
The Times is treating it as the major story that it is, but under a Republican president (especially one named, say, George Bush) it would be a scandal of nuclear proportions. What theyre basically saying here, without actually saying it, is that the presidents own lawyers told him that the Libya war is illegal and he responded by looking around for other lawyers whod tell him what he wanted to hear.
See what he did here? The OLC is typically called the presidents law firm because its tasked with advising him on what he can and cant legally do with his office. They study the law and consult with relevant agencies, and then they make a formal determination to guide his actions. Thats what should have happened here they likely would have determined that he was violating the War Powers Act, which in turn would have forced him to go to Congress and finally request formal authorization of the mission. (In fact, Johnson, the Pentagons counsel, reportedly told Obama hed be on firmer ground if he stopped the drone strikes, at least. Obama refused.) This time, because he almost certainly knew that theyd tell him that he was in violation, he bypassed the normal procedures to avoid a binding ruling and treated the OLC as if it was just one lawyer among many. He rigged the game because he knew what the probable outcome would be if he didnt. Disgraceful.
NYT: Obama overruled top Pentagon, DOJ lawyers on Libya war powers « Hot Air