Political Hotsheet
By

Lucy Madison /

CBS News/ June 16, 2011, 10:40 AM

Lawmakers push back against White House's defense of involvement in Libya

U.S. House Speaker John Boehner

House Speaker John Boehner, R-Ohio.

/ AP Photo/Kathy Willens
Republican lawmakers are pushing back against the White House's recent 32-page defense of its military operations in Libya -- and say they will subject the administration's actions to intense scrutiny in coming weeks.

House Speaker John Boehner told reporters Thursday morning that the White House's argument didn't "pass the straight face test," and warned that lawmakers still had "the power of the purse."

The White House on Wednesday sent a lengthy report to Congress detailing U.S. military operations in Libya so far, and ultimately concluding that American actions there were in accordance with the War Powers Resolution.

The letter came a day after Boehner warned Mr. Obama, via letter, that the administration might soon be in violation of the resolution, which prohibits forces from serving in armed conflict for more than 60 days - or, with an extension, 90 - without congressional approval or having declared war.

The White House report countered by positing that "U.S. operations [in Libya] 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." As such, it contended, the War Powers Resolution had not been violated.

"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," the report says.

In a statement Wednesday night, a Boehner spokesman promised that the speaker would closely examine what he described as the White House's "creative arguments."

"The creative arguments made by the White House raise a number of questions that must be further explored," said Brendan Buck.

Still, the Boehner spokesman argued, regardless of whether or not the president's argument holds up, he has neglected his responsibility to keep Congress adequately informed with regard to U.S. actions in Libya.

"The Commander-in-Chief has a responsibility to articulate how U.S. military action is vital to our national security and consistent with American policy goals," Buck said. "With Libya, the President has fallen short on this obligation. We will review the information that was provided today, but hope and expect that this will serve as the beginning, not the end, of the President's explanation for continued American operations in Libya."

Rep. Scott Garrett, R-N.J., the chairman of the House Constitution Caucus, argued that a mere "progress report" on the situation was insufficient - and demanded an up-or-down vote on the matter in Congress.

"At long last, President Obama has decided to update Congress and the American people on his unauthorized use of military force in Libya," he said in a statement, according to the Washington Post. "Unfortunately, a progress report from the White House is no substitute for congressional authorization. If the president thinks it's in the best interest of the United States to commit U.S. military personnel to the conflict in Libya he needs to come to Congress for an up or down vote. Otherwise, he is in violation of Constitution and the oath he took to preserve, protect and defend it."

And while few Democratic lawmakers have as yet responded on the White House letter, at least one - Rep. Dennis Kucinich, D-Ohio, who earlier on Wednesday led a group of ten bipartisan lawmakers in filing suit against Mr. Obama and Defense Secretary Robert Gates on Libya - is taking the Obama administration to task on the arguments of the report itself.

Citing data from The Guardian newspaper in London, Kucinich noted that the U.S. had so far provided upwards of a billion dollars worth of resources toward the conflict - and contended that the American people had a right to a say in the use of their tax dollars.

"According to an analysis by the Guardian UK, more than one month after NATO took over operations, the U.S. had thus far provided 93% of the cruise missiles, 66% of the personnel, 50% of the ships and 50% of the planes for the international operations in Libya at a cost to the American taxpayers now rapidly approaching a billion dollars," he said.

"The White House claim that the war is not war is not a legal argument. It is a political argument," he continued. "The legal argument will hopefully be addressed by the courts. Today, I, along with 9 of my colleagues, filed suit in federal court challenging the rationale that has brought our nation to an Orwellian war that is not war."

© 2011 CBS Interactive Inc. All Rights Reserved.
23 Comments Add a Comment
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AlFranken says:
This could very well back fire on the GOP -- The constitution is pretty vague when it comes to defining what a war is and usually subjective arguments weigh in the presidents favor. So when they lose their argument in court and the U.N. manages to boot Qaddafi from Libya without a drop of American blood lost, along with the assassination of OSL, and the economic recovery building steam, it could very well be the nail in the coffin for the GOP in both the house and the executive branch.
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nearl451 says:
Honest to God, what Obama should do is declare all US wars ongoing military action over. He doesn't need Congrassional approval to end wars, just to go to war.

Of course then the Republicans will refuse fund "ending" the conflict.

BTW... the War Powers Act has never been Constitional. It is not anamendment to the Constitution, or it could be.
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fxr60 says:
Bush went before congress and got approval. All agreed- dems. and Republicans alike. Why didn't Obama do that? Arrogant and egotistical personality that's why!!!! Now, take what comes your way Mr. Obummer!!!!
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justme2012 replies:
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Really, it was a no brainer. Obama could have gotten almost unanimous support had he simply asked. But he thinks he is above the law.
nearl451 replies:
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What Bush got approval for was not to go to war. Make up history on your own time.

What Bush got was a conditional approval that said if he demonstrated points a-c,then he could get approval. He used Congress' review of his request as validity as proof that his claims were valid.

It was a different sort of Kingdom then for King George....and it was a full invasion. BTW, show some balls and try to impeach Obama for giving the orders to kill Bin Laden, hypocrites. Jut so happens that was ALSO a military action for which there was no Congressional approval.

Either both are Constitutional or neither.

Is the US at war with Libya? Prove it.
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slckofit says:
http://www.youtube.com/watch?v=35ndI5Z0C2A&feature=feedu
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meboard says:
by tellingthestory June 16, 2011 12:20 PM EDT
"He is a criminal not a president.":
---
Just like Nixon...and Reagan...and Bush(s)...
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justme2012 replies:
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Carter...and Clinton...and Obama...
justme2012 replies:
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yes, the Clinton's did lie about all that stuff.
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solo_boatie says:
This makes me laugh my a$$ off, what should be obviously is the majority of Congress reps feel we need more Weiners in this world! Bho will get another 4 years even if we're careful. Kill 'em all let God (whomever and what-ever you think that it/he/she might be) sort 'em out! I weep for the kids who live.
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lh2010 says:
This is all really very simple. Obama is required to get congressional approval and he did not and so far refuses to. We should not be taking this to court. Per the constitution he is to be impeached and removed from office, so get it done already!
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meboard replies:
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Ok...and we'll let the Senate vote on impeachment...who ya thinks gonna win jack-azz!?!?!?
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tellingthestory says:
CUT OFF ALL THE FUNDS PERIOD! Arrest Obama for selling guns to the drug cartels, selling the GOVT tot he highest bidder and giving out cushy jobs to the highest contributors. He is a criminal not a president.
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jeannettelj says:
And if Libya had attacked US interests, Boehner and the rest would want to know why he didn't do something to stop it. The republicans are hypocrites and did nothing when Bush "declared" war. A war which we are still fighting costing the lives of thousands of our service men and untold numbers of citizens.
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tellingthestory replies:
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Well that did not happen did it? So what is your FAKE point?
justme2012 replies:
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"IF Libya had attacked US interests"....

but they didn't. If they had we would NOT be talking about this.

Bush went before congress as required by law. Obama did not.


Let's talk facts, not socialist fantasies.
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lynnely65 says:
Why can't the politicians and those that have not been fighting in a war zone lately keep their noses out of military decisions. You have no idea what is or is not needed. If you were to have heart surgery, are you going to tell the docotrs what they can and can't do in the operating room? Don't make decisions that effect out soldiers lives from your ivory towers.
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justme2012 replies:
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Obama's never fought in any war zone or even gone through basic training. He can't even pronounce "corps".
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