How a liberal legal star became an Obama toady opposed to the War Powers Act
Just over two years ago, he became legal adviser to Hillary Rodham Clinton’s State Department, and in that job, he has become the administration’s defender of the right to stay engaged in a conflict against Libya without Congressional approval. He argues that the president can proceed because the country is not actually engaging in “hostilities.” Because “hostilities” is “an ambiguous standard,” he has argued, the president need not withdraw forces to meet the resolution’s requirement of an automatic pull-out, 60 days after “hostilities” begin, absent express Congressional approval for the war. The conflict is in its fourth month, and no such consent has been given.
Mr. Koh’s allies, speaking more in sorrow than in anger, are mystified and disheartened to see their hero engaging in legalistic “word play.” To them, it’s as if he has torn off his team jersey, midgame, and put on the other side’s. Mary Ellen O’Connell, a Notre Dame law professor who has known Mr. Koh for a quarter-century, is seeking an answer to this question: “Where is the Harold Koh I worked with to ensure that international law, human rights and the Constitution were honored during the Bush years?”…
In our conversations, he took pains to try to reconcile his current and past positions on war powers by pointing to Libya as a particularly complicated case. The action was launched, he noted, to prevent a massacre of rebellious Libyans at the brutal hands of Col. Muammar el-Qaddafi — and even though Mr. Obama did not first go to Congress, the United Nations Security Council authorized the intervention for the purpose of protecting civilians. Citing his convictions as a human rights activist, he suggested that there was an inescapable tension “between preventing atrocities and staying true to the letter and spirit of the War Powers Resolution.”









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because any position is fine in furtherance of the team.
JeffWeimer on August 7, 2011 at 3:36 PM
Please define is.
He is no different than our resident toadies like crr and ernie. If there is a d to the left of his name all is good.
CW on August 7, 2011 at 3:38 PM
lol, Liberals! I remember when I was stationed in Honduras and the Santanistas crossed the border in pursuit of the Contra. The Santanistas killed a lot of Honduran civilians near the Valle de Catacamas. We launched in combined flights with the Hondurans to “expel” said Communist invaders from Honduras. The liberal media went nuts. Blah blah, Raegan’s WWIII, genicide yadda yadda. San Francisco burning American Flags and f@cking dirtbag Martin Sheen visiting Dan Ortega in Managua to show his support.
How is it that we Conservatives keep picking the wrong side to fight with?
hawkdriver on August 7, 2011 at 3:39 PM
Within this article appears this sentence: “A mix of partisan and personal sympathies could be at work”
Then the writer explains how it IS at work.
If this subject matter was a conservative who “flipped” the sentence would have read: “A mix of partisan and personal sympathies IS at work”
It amazes me that even when this rag tries to be objective and write an article critical of the current administration, they just can’t help but hold back somewhat and pull their punches to lessen the damage.
They just cannot help it.
Opposite Day on August 7, 2011 at 3:41 PM
Because he’s holding out hope to be named to the Supreme Court.
He rules against the White House and his chances are gone. Not only with this Administration but when they leave since they – or more accurately Obama – will have veto power over any future Democratic nominee to SCOTUS.
SteveMG on August 7, 2011 at 3:43 PM
Really Mr. Koh? Please explain what section of the U.S. Constitution gives the United Nations Security Council the power to authorize the intervention of U.S. armed forces in a foreign conflict?
AZCoyote on August 7, 2011 at 3:49 PM
Scruples which did not seem to bother him when we were protecting Iraqs civilians.
By his currently stated logic he wouldn’t have had a problem with a president bombing Syria, The Sudan, North Korea, the U.S.S.R., etc.
29Victor on August 7, 2011 at 3:51 PM
I’d say his chances are pretty well gone now, too.
Attila (Pillage Idiot) on August 7, 2011 at 4:04 PM
Because
“hostilities” is “an ambiguous standard,” he has argued,Obama has a (D) after his name, the president need not withdraw forces to meet the resolution’s requirementFIFY
rogerb on August 7, 2011 at 4:20 PM
Yeah, but it depends on whether the Democrats hold on to things. If not SCOTUS, a lesser federal court position.
If he ruled against Obama, we know his chances would be gone. Imagine those confirmation hearings?
SteveMG on August 7, 2011 at 4:24 PM
So why aren’t we preventing atrocities in the Sudan, Nigeria and the many other places they are occurring. Crickets.
chemman on August 7, 2011 at 4:33 PM
rogerb
+1
Knott Buyinit on August 7, 2011 at 4:37 PM
“So what if we got Saddam? We can’t go after every dictator who’s killing his own people!”
Those were the days, huh?
Jim Treacher on August 7, 2011 at 5:08 PM
Some people take longer to grow up than others.
mpk on August 7, 2011 at 5:20 PM
Commerce Clause, duh.
Fezzik on August 7, 2011 at 5:38 PM
This “human rights” focus reminds me of the Carter administration.
Ward Cleaver on August 7, 2011 at 5:48 PM
It’s the objective to liberals that matters.
The Internet will end this bit of lying in short order.
tarpon on August 8, 2011 at 9:01 AM