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PurityOfEssence Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-20-11 12:29 AM
Original message
Click. Sixty Days. So?
Just to refresh: the attack on Libya is a violation of the UN Participation Act of 1945 and of the War Powers Resolution of 1973.

The former requires the President to get authorization from both houses of Congress to send forces pursuant to an Article 42 call-up. The latter specifically defines the President's Constitutional ability to introduce armed forces into hostilities or where hostilities are imminent in three situations: after a declaration of war, pursuant to a Constitutional authorization, or if we're attacked. None of these conditions were met, so the introduction of forces is completely illegal. The definition of what is considered "war" is made in the War Powers Resolution: introduction of armed forces into "hostilities" or where they are imminent.

Fine. So it's squarely illegal on both counts, but the beat goes on; the War Powers Resolution has apron strings that continue: he needs permission from Congress to continue beyond 60 days from the first notification to Congress, which has to be 48 hours after the initial deployment. We deployed on March 19th; the clock clicks tomorrow. The War Powers Resolution allows 30 days for withdrawal, but the apron strings require him/her to request this time.

We elected this man with scant specifics of policy on the strengths of his character. As a constitutional scholar he well knows what he's doing. What will the move be? Will they claim that they've withdrawn, and thus can reset the clock? We shall see.

Why do the Republicans not scream? There are a few reasons: they hate the War Powers Resolution and want to continue the precedent set by Clinton, Bush Sr., and Reagan to render it moot, they like ratfucking Libya and securing that extra-special lightest and sweetest of crude and they like to know that they have this impeachable offense on the shelf should they choose to use it against him.

The character issue is paramount: we were fluffed on the specifics of policy, and were cajoled into falling into line on the issue of grandiose personal integrity. With the continual parsing and avoidance of legal issues, the very heart and soul of this integrity is revealed to be little more than opportunism, or its more gentle term "pragmatism". A person's character is revealed by actions, not intentions, and we've been sold the concept that it'll all move the right way after the oh-so-clever chess maneuvering. This pawn is not pleased, and the death goes on.

Here are some refreshers on the legalities:

War Powers Resolution of 1973

UN Participation Act of 1945

analysis of UN Participation Act, see section IV




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guruoo Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-20-11 12:53 AM
Response to Original message
1. Yes, Obama must bring our troops in Libya home immediately!
Edited on Fri May-20-11 01:05 AM by guruoo


oh wait...

NATO takes over Libya mission

by: World's Editorial Writers
Monday, March 28, 2011
3/28/2011 3:56:53 AM

There is no doubt that the United States took the lead in the initial attacks in Libya. Now, as promised, the U.S. military is stepping back and NATO will take the lead.

In addition, and just as important, NATO received a commitment from key Muslim nations to participate in the action against Moammar Gadhafi's regime. The United Arab Emirates will send 12 aircraft to help enforce the no-fly zone and Turkey, an often reluctant participant, agreed to allow the use of an eastern air base for NATO operations.

Further, Qatar will begin helping patrol the no-fly zone and Jordan will supply humanitarian support.

NATO is not only taking over command of the no-fly zone but also will coordinate the protection of civilians through aggressive air strikes on Gadhafi's ground troops.


http://www.tulsaworld.com/opinion/article.aspx?subjectid=61&articleid=20110328_61_A11_CUTLIN222342




:hi:
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PurityOfEssence Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-20-11 01:03 AM
Response to Reply #1
2. We're not part of NATO?
We're actively participating.

Is it "cool" to skate around legalities? Is it cool for a leader elected on his personal character to play games like this?
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guruoo Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-20-11 01:17 AM
Response to Reply #2
4. I already told you what needed to be done...
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notesdev Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-20-11 01:17 AM
Response to Reply #2
5. War is cool when Obama does it
Blood for oil, doubly cool!

We've come a long way, baby!
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guruoo Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-20-11 01:22 AM
Response to Reply #5
6. So, who ya gonna call?
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notesdev Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-20-11 01:29 AM
Response to Reply #6
7. WTH is that?
Street bum in a tux?
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guruoo Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-20-11 01:36 AM
Response to Reply #7
8. edited w/better link >>>
Edited on Fri May-20-11 01:50 AM by guruoo
That's Cornell West.
You see, he's been going off on Obama because Obama
didn't return his phone calls, and, well...
http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=103&topic_id=603325&mesg_id=603472
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Gravel Democrat Donating Member (598 posts) Send PM | Profile | Ignore Fri May-20-11 01:14 AM
Response to Original message
3. the worst thing that could happen will probably happen
nothing

it will be ignored

if they do it right talk about this will be called conspiracy stuff
and left to the Alex Joneses of the world

The Major Media will spend hundreds of hours on that jackass Swartzenegger in the coming weeks but not 10 minutes on this.

Because they want to be seen as good little lapdogs, maybe get some tax breaks or health insurance waivers. I hope I'm wrong, of course.

Did Nero ever blush?

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