Congress has appropriated incomprehensibly vast sums of money for the military and for secret budgets. President Bush the Lesser gave himself and his successor(s) the power to secretly transfer funds to secret budgets. The CIA has been given the "legal" if unconstitutional power to do just about anything it wants, and to keep what it does secret. One result of that could be that this case is conducted in secret or is shut down due to secrecy concerns. Obama authorized the CIA to arm Libyan fighters, and the CIA has been on the ground in Libya since before the official launch of the US/NATO war. It would not be surprising to hear from the US Justice Department as early as today the cry of "state secrets privilege." NATO might also serve as a money laundering operation here; once funds are handed over to NATO, it could be argued they are beyond US law.
(5) from the violation of the War Powers Resolution as a result of the Obama Administration's established policy that the President does not require congressional authorization for the use of military force in wars like the one in Libya.
Clearly the Libya War is illegal under the War Powers Resolution. Either it is illegal because the United States was not attacked. Or it is illegal because required information has not been reported to Congress. Or it is illegal because it has gone on for over 60 days without a declaration or authorization of war. In no case is it legal.
The same might be said of the unmentioned Kellogg-Briand Pact. That pact bans war. This is a war. It is not a war that fits the exception for an attack on the United States, because Libya did not attack the United States or even threaten to or even attack or threaten to attack any US ally or imperial outpost. In no case is the war legal.
Unless it's not a war but something else, which is another argument we might see. There is a lot at stake in the question of whether dozens of small and even unmanned killing operations around the world are wars or something else. And if they are something else, do we have any laws that apply to them?
Laws are what people choose to make of them. So is Congress. Whether or not this lawsuit succeeds, for Congress to continue to exist as the first branch of our government, it will have to stop deferring to the judicial branch and instead stand on its own two feet.
On June 3rd the House blocked a resolution to end the war by passing a toothless resolution asking that all sorts of information be provided by the President within 14 days. That comes due this Friday. It would not be shocking if the President missed the deadline or failed to actually include much of the requested information.
The House could then pass the resolution it rejected two weeks ago, ending the war. Or it could pass one barring the use of any funds for the war. Either such measure would have to be passed by the Senate as well.
The House on its own could simply refuse to appropriate any funds for the war. The Senate would not be needed. But thus far the House has already done that, and the funds have simply been found elsewhere in the President's imperial pockets. This is why the decision on point #4 above is extremely important.
In the end, the continued meaningful existence of the House rests on the impeachment power. Bruce Fein has already drafted articles of impeachment for Obama over Libya. But the impeachment power was effectively removed during the presidencies of Clinton and Bush. Its revival does not appear imminent.
(5) from the violation of the War Powers Resolution as a result of the Obama Administration's established policy that the President does not require congressional authorization for the use of military force in wars like the one in Libya.
Clearly the Libya War is illegal under the War Powers Resolution. Either it is illegal because the United States was not attacked. Or it is illegal because required information has not been reported to Congress. Or it is illegal because it has gone on for over 60 days without a declaration or authorization of war. In no case is it legal.
The same might be said of the unmentioned Kellogg-Briand Pact. That pact bans war. This is a war. It is not a war that fits the exception for an attack on the United States, because Libya did not attack the United States or even threaten to or even attack or threaten to attack any US ally or imperial outpost. In no case is the war legal.
Laws are what people choose to make of them. So is Congress. Whether or not this lawsuit succeeds, for Congress to continue to exist as the first branch of our government, it will have to stop deferring to the judicial branch and instead stand on its own two feet.
On June 3rd the House blocked a resolution to end the war by passing a toothless resolution asking that all sorts of information be provided by the President within 14 days. That comes due this Friday. It would not be shocking if the President missed the deadline or failed to actually include much of the requested information.
The House could then pass the resolution it rejected two weeks ago, ending the war. Or it could pass one barring the use of any funds for the war. Either such measure would have to be passed by the Senate as well.
The House on its own could simply refuse to appropriate any funds for the war. The Senate would not be needed. But thus far the House has already done that, and the funds have simply been found elsewhere in the President's imperial pockets. This is why the decision on point #4 above is extremely important.
In the end, the continued meaningful existence of the House rests on the impeachment power. Bruce Fein has already drafted articles of impeachment for Obama over Libya. But the impeachment power was effectively removed during the presidencies of Clinton and Bush. Its revival does not appear imminent.
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