Quotes of the day

posted at 10:40 pm on June 21, 2011 by Allahpundit

“Since the United States handed control of the air war in Libya to NATO in early April, American warplanes have struck at Libyan air defenses about 60 times, and remotely operated drones have fired missiles at Libyan forces about 30 times, according to military officials…

“The disclosure of such details could add texture to an unfolding debate about the merits of the Obama administration’s legal argument that it does not need Congressional authorization to continue the mission because United States forces are not engaged in ‘hostilities’ within the meaning of the War Powers Resolution.”

***
“Last Sunday was the 90th day of bombing in Libya, but Mr. Obama — armed with dubious legal opinions — is refusing to stop America’s military engagement there. His White House counsel, Robert F. Bauer, has declared that, despite the War Powers Act, the president can continue the Libya campaign indefinitely without legislative support. This conclusion lacks a solid legal foundation. And by adopting it, the White House has shattered the traditional legal process the executive branch has developed to sustain the rule of law over the past 75 years…

“If the precedent Mr. Obama has created is allowed to stand, future presidents who do not like what the Justice Department is telling them could simply cite the example of Mr. Obama’s war in Libya and instruct the White House counsel to organize a supportive ‘coalition of the willing’ made up of the administration’s top lawyers. Even if just one or two agreed, this would be enough to push ahead and claim that the law was on the president’s side.

“Allowing the trivialization of the War Powers Act to stand will open the way for even more blatant acts of presidential war-making in the decades ahead. Congress must confront the increasingly politicized methods White House lawyers are using to circumvent established law and stop them from transforming it into an infinitely malleable instrument of presidential power.”

***
“One top former legal adviser to Obama, Dawn Johnsen, called the accounts of the White House’s handling of the matter ‘disturbing.’

“‘There may be a precedent for this, but I can’t think of one,’ said Robert Chesney, a University of Texas law professor who specializes in national security law. ‘This is not the way the process is supposed to work.’ 

“For decades, Chesney and other legal scholars said, legal and constitutional questions within the government have been resolved by the Justice Department’s Office of Legal Counsel (OLC). Just last year, a six-page Justice Department memo described OLC’s mission as providing ‘controlling advice’ to executive branch officials on questions of law.”

***
“If George W. Bush had ignored the views of his Justice Department’s Office of Legal Counsel to avoid complying with the War Powers Resolution, Democrats would be going berserk. Barack Obama, I suspect, would be going berserk.”

***
“On its own terms, the president’s statement is a constitutional joke. At no time does it give any account of what the critical term ‘hostilities’ means, except to say that whatever its meaning, it constitutes a high threshold that is not met in Libya. The trusty thesaurus offers the word ‘fighting’ as a synonym for ‘hostilities,’ which is just what we are doing in Libya today. There is no evidence in the WPR text that the term ‘hostilities’ does not have its ordinary English meaning. The term is first used in connection with the statement that the WPR ‘will apply to the introduction of the United States Armed Forces into hostilities.’ The word ‘introduction’ suggests that the WPR kicks in when hostilities begin such that Congress preserves its power to have a say before these hostilities escalate into something bigger. The particular context reinforces the ordinary meaning and thus undercuts the president’s claim that small hostilities—which these aren’t—fly below the radar. The president’s statement gets everything exactly backwards…

“[T]he president offers not a shred of evidence to support his twisted constitutional logic. Hats off to those in his administration—Eric Holder, Caroline Krass, and Jeh Johnson—who stood up to the president. And shame on those, like Harold Koh, who should know better.”

***
“91 days after President Barack Obama notified Congress he was using U.S. military force ito attack Libya, Sens. John Kerry (D-MA), John McCain (R-AZ), and Carl Levin (D-MI) introduced a resolution authorizing the intervention. But don’t expect the Senate to pass it any time soon.

“In interviews with over a dozen senators Tuesday, The Cable discovered that it will take weeks, not days, for the resolution to come up for a vote. The resolution’s language is only the starting point for a Senate debate that will feature resolutions and amendments from multiple senators, each of whom has their own ideas of how to express the Senate’s position on the Libya war…

“The administration argues that it has consulted Congress several times, but many senators are unhappy with the quality of the information. Sen. Jeff Sessions (R-AL) told The Cable Tuesday that he was finally given a briefing June 10 by Undersecretary of Defense for Policy Michele Flournoy and others but that it did not pass muster.

“‘It was one of the weakest briefings I’ve ever had. I thought it was very, very weak,’ Sessions said.”

***
“House Speaker John Boehner (R-Ohio) said on Tuesday evening that House Republicans would meet on Wednesday to discuss two Libya resolutions — one that would authorize the use of force in Libya, and another that would require the U.S. to withdraw military forces…

“‘It is clear that the Obama administration’s claim that targeted bombings, missile strikes, and other military actions in Libya do not constitute ‘hostilities’ under the War Powers Resolution is not credible,’ Boehner said. ‘As we have learned in the past week, even his administration’s attorneys from the Office of Legal Counsel and the Department of Defense recognize that.’

“Boehner said the U.S. has no desire to damage the NATO alliance, but said the White House ‘must not ignore its obligations to the American people and the laws of this country.’”

***

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Nothing unites a base more than an utter and complete meltdown. ;)
fossten on June 22, 2011 at 8:21 AM

My woman Lourdes fell apart last night? Didn’t get banned, I hope.

Bishop on June 22, 2011 at 8:27 AM

One can reasonably ask, Isn’t this man (he’s not alone) just testing our will? Is he right that we won’t stop him?

The cure is to give him 24 hours to come and get permission or he receives funds cut off and impeachment papers and live with the consequences -sometimes a thorough cleansing is necessary.

Failing that – turn in your freedom folks.

Don L on June 22, 2011 at 8:31 AM

My woman Lourdes fell apart last night? Didn’t get banned, I hope.

Bishop on June 22, 2011 at 8:27 AM

She claims to have had over 100 suitors, but surprisingly, is presently without escort. I can’t imagine why, based on her charming disposition.

Maybe for her pigs blood is an aphrodisiac; you could get lucky, or catch something nasty.

Geochelone on June 22, 2011 at 8:33 AM

My woman Lourdes fell apart last night? Didn’t get banned, I hope.

Bishop on June 22, 2011 at 8:27 AM

No, the thread ended mercifully, thanks to Allahpundit’s wise intervention.

fossten on June 22, 2011 at 8:33 AM

Allen West. Wow. This is the most I’ve heard him speak. No “uhs” or “ums” and impressive clarity of thought. He looked prepared and comfortable. I’d love to see him debate BO but I think he’d make a better Sec of Def in the next cabinet.

the_souse on June 22, 2011 at 8:35 AM

fossten on June 22, 2011 at 8:33 AM

Deus ex machina

Geochelone on June 22, 2011 at 8:35 AM

Pull out now!

Kissmygrits on June 22, 2011 at 8:41 AM

Are you allowed to drink chai tea during your hunger strike?

blink on June 22, 2011 at 8:32 AM

Chai-lite?

I prefer Chi-Lite.

coldwarrior on June 22, 2011 at 8:42 AM

Kissmygrits on June 22, 2011 at 8:41 AM

A seldom reported quote from Stanley Ann Dunham?

coldwarrior on June 22, 2011 at 8:44 AM

No, the thread ended mercifully, thanks to Allahpundit’s wise intervention.

fossten on June 22, 2011 at 8:33 AM

Yeah, I read that and stayed pretty far away b/c I saw it getting bad pretty quickly. Glad AP stepped in there. CSLouis’ meltdown went longer, but at least it stayed mostly civil.

On topic:

One can reasonably ask, Isn’t this man (he’s not alone) just testing our will? Is he right that we won’t stop him?

The cure is to give him 24 hours to come and get permission or he receives funds cut off and impeachment papers and live with the consequences -sometimes a thorough cleansing is necessary.

Failing that – turn in your freedom folks.

Don L on June 22, 2011 at 8:31 AM

A sad plus 1

Pattosensei on June 22, 2011 at 9:00 AM

Don L on June 22, 2011 at 8:31 AM

Cut off funding? Sure. That should have already happened except that most of the GOP is as blood-thirsty as PBHO.

Impeachment? Codswallop. The War Powers Act is most likely not Constitutional and no President has ever honored it or accepted its validity since the day it was passed.

MJBrutus on June 22, 2011 at 9:11 AM

Marcus on June 22, 2011 at 7:37 AM

I don’t know, I thought it was a real moment of clarity. Republicans must stay above the fray will Obama buries them in dirty ads, why would that be allowed to go unnoticed? Why wouldn’t the press point it out? Rhetorical obviously.

Cindy Munford on June 22, 2011 at 9:12 AM

Are you allowed to drink chai tea during your hunger strike?

blink on June 22, 2011 at 8:32 AM

What the heck? Cindy Sheehan was guzzling smoothies during her hunger strike? Pounds of avoirdupois testified to the effectiveness of that strategy of protest.

onlineanalyst on June 22, 2011 at 9:23 AM

Codswallop.
MJBrutus on June 22, 2011 at 9:11 AM

“Puts paid” and now “Codswallop? Sorry, Koskid. American vernacular is not going to change just because you start using Old English words to try to get some attention.

By the way, by accusing the GOP of being “bloodthirsty”, you just outed yourself to those who did not realize what your ideology was already. Do carry on.

kingsjester on June 22, 2011 at 9:27 AM

Cut off funding? Sure. That should have already happened except that most of the GOP is as blood-thirsty as PBHO.

MJBrutus on June 22, 2011 at 9:11 AM

Really?

WWI … democrats

WWII … democrats

Korea … democrats

Vietnam … democrats

Bosnia … democrats

Continuing in Iraq, Afghanistan and now Libya and the undereported Yemen … democrats

darwin on June 22, 2011 at 9:46 AM

darwin on June 22, 2011 at 9:46 AM

Very good. I was referring of course to today’s GOP, not that of a century ago.

MJBrutus on June 22, 2011 at 9:50 AM

Very good. I was referring of course to today’s GOP, not that of a century ago.

MJBrutus on June 22, 2011 at 9:50 AM

You’re a man of many excuses.

darwin on June 22, 2011 at 9:56 AM

darwin on June 22, 2011 at 9:56 AM

No, but I am literate. Unless you want to tell me how PBHO voted in 1914, then it it was clear I was referring to the current crop of GOP Congress critters.

McCain, Graham and most of the others in the GOP are all for the Libya fiasco, the Yemen mess, slogging it out forever in Afghanistan and in Iraq. It is the GOP that’s enabled PBHO letting out his inner beserker.

MJBrutus on June 22, 2011 at 10:02 AM

OT, but thought I would let you all know the latest ofn Txmomof3…”Sirens going off in Minot. River is breaching. No evacuation deadline at 6 PM. Now.”

lovingmyUSA on June 22, 2011 at 11:55 AM

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