Justice Memo Upholds Libya Strikes

[jakeXT]

Justice Memo Upholds Libya Strikes

President Obama had the constitutional power to lawfully launch military strikes in Libya without permission from Congress because he “could reasonably determine that such use of force was in the national interest,” the Justice Department concluded in an internal memorandum released on Thursday.

The 14-page document, addressed to Attorney General Eric H. Holder Jr., was signed by Caroline D. Krass, the principal deputy assistant attorney general for the Justice Department’s Office of Legal Counsel, which advises the executive branch about whether proposed actions are lawful.

The memorandum laid out in detail the thinking of the administration’s legal team about the scope of Mr. Obama’s power to initiate hostilities unilaterally under his authority as commander in chief – confirming, as The New York Times has reported, that the administration’s argument centers on the idea that hostilities of limited nature, scope and duration do not rise to the level of a “war” that would trigger Congress’s powers under the Constitution.

Much of the memorandum recites the facts of the lead-up to the Libyan strikes and Mr. Obama’s statements about them, as well as precedents involving other unilateral military interventions by recent presidents of both parties – and quotations from previous Justice Department memorandums approving of such deployments.

http://thecaucus.blogs.nytimes.com/2011/04/07/justice-memo-upholds-libya-strikes/?partner=rss&emc=rss



The Justice Dept. Doesn't "Legalize" War With Secret Memos Anymore: Now They're Public
Submitted by davidswanson on Fri, 2011-04-08 13:01

In the good old days of Bybee and Yoo, before we let them get away with it, thereby guaranteeing worse things to come, Justice Department memos "legalizing" the crime of aggressive war were secret. Now they're published quickly, and there's a new one out on Libya (PDF). It begins:

"The President had the constitutional authority to direct the use of military force in Libya because
he could reasonably determine that such use of force was in the national interest. Prior congressional approval was not constitutionally required to use military force in the limited operations under consideration. April 1, 2011."

April Fools! Ha Ha! They had me going.

Actually they mean it. But the memo doesn't offer anything to substantiate the claims. It merely states that the United Nations passed a resolution -- a fact that does not legally erase the U.S. Constitution's placement of war powers in the legislature. It also pulls out that old standby so beloved by Yoo and Bybee: "Clinton did it!"

http://warisacrime.org/content/justice-dept-doesnt-legalize-war-secret-memos-anymore-now-theyre-public

[Kalun D]

1. Total Farce

the bombing of Libya is a total farce. Not only because of the fact they are using DU munitions which poisons everyone/everything in the battle zone, but because the are going to/already have privatized the state owned oil companies. That's what this is about, privatizing more nationally owned resources. Just like they did in Iraq, very first thing, control the oil.

[jakeXT]

2. What surprised my is the lack of coverage from the media.

Just a NY Times blog?