-Submitted by David Drumm (Nal), Guest Blogger
In a remarkably rare event, President Obama has chosen to reject the legal opinion of the Office of Legal Counsel (OLC) on the subject of his responsibilities with respect to the War Powers Resolution (WPR).
In the opinion of the OLC, President Obama would have to terminate or scale back operations against Libya or seek Congressional approval. Obama accepted the analysis of the White House counsel, Robert Bauer, and the State Department legal adviser, Harold H. Koh, who argued that the United States needed no permission from Congress to continue operations.
The core function of the OLC is to provide clear, accurate, thoroughly researched, and soundly reasoned legal advice to the Executive Branch. The OLC mission is to “give candid, independent, and principled advice — even when that advice is inconsistent with the aims of policymakers.”
The President is under no legal or Constitutional obligation to adopt the analysis of the OLC. However, the OLC’s procedures are designed to avoid the cherry-picking of legal advice that has occurred here. President Obama simply side-stepped the OLC.
President George W. Bush had a different modus operandi when it came to dealing with the OLC. When Bush sought legal justification for his torture program, he found a small group of lawyers at the OLC, headed by John Yoo, who gave Bush the advice he wanted. This short-circuited the usual process by which the OLC canvasses the Executive Branch for various opinions and forms an independent analysis.
President Obama has undermined the OLC as a honest broker of legal opinions. The Department of Justice lost its cachet of independence and non-partisanship when it was treated as just another political tool during the Bush administration. The Obama administration has rendered the OLC irrelevant.
The OLC has not had a leader since 2003, when Jack Goldsmith resigned. Dawn Johnsen, the first Obama nomination, withdrew after Republicans refused to allow a confirmation vote. The latest nomination to be the Assistant Attorney General for the Office of Legal Counsel is D.C. lawyer, Virginia A. Seitz. The person selected to fill that position is going to require more than the ability to generate premier legal scholarship, it’s going to require a strong and assertive personality.
Update: Glenn Greenwald recalls a similar episode:
Just imagine if George Bush had waged a war that his own Attorney General, OLC Chief, and DoD General Counsel all insisted was illegal (and did so by pointing to the fact that his White House counsel Alberto Gonzales and a legal adviser at State agreed with him). One need not imagine this, though, because there is very telling actual parallel to this lawless episode:
…
Bush decided to reject the legal conclusions of his top lawyers and ordered the NSA eavesdropping program to continue anyway, even though he had been told it was illegal (like Obama now, Bush pointed to the fact that his own White House counsel (Gonzales), along with Dick Cheney’s top lawyer, David Addington, agreed the NSA program was legal). In response, Ashcroft, Comey, Goldsmith, and FBI Director Robert Mueller all threatened to resign en masse if Bush continued with this illegal spying, …
H/T: Balkinization, Charlie Savage.
Perhaps BVM thinks the OLC stands for Office of Lost Causes…
When I went to hear Koh speak he laid out what the Obama administration wishes to do in no uncertain terms. He claimed the right to kill anyone (including American citizens), anywhere. He said the president did not need congressional authority for this–he essentially argued the John Yoo doctrine of presidential dictatorship. So it does not surprise me that Koh was chosen to give a “legal” opinion on this topic as well.
There is reason to fear for the US. We have become a dictatorship. It isn’t going to matter if a declared Republican beats the current Republican office holder. They will both have every power that we as citizens cede to them unless we quit ceding our power. Here is Kucinich’s latest update:
” WASHINGTON – June 17 – Congressman Dennis Kucinich (D-OH), who has led House opposition to the unauthorized war in Libya and filed a complaint in federal court to challenge the war, will again offer an amendment to the upcoming Defense Appropriations bill to cut off funds for the continuation of the war.
“This Administration brought our nation to war without Congressional approval or the support of the American people. When Congress demanded an explanation, the Administration tried to argue that bombing operations and support of other countries’ military operations in Libya, which cost almost $9.5 million per day, do not constitute war. In a direct challenge to Congress, the Administration is continuing the war despite its inability to provide a constitutional or legal justification for bypassing Congress. Congress must use its constitutional authority of the power of the purse to end this war.
“My amendment will provide the first test whether this Congress will defend its own authority under Article 1, Section 8 of the Constitution,” said Kucinich.
A CBS News poll dated June 8, 2011 found that ‘six in 10 Americans do not think that the United States should be involved in the conflict within that country. Just 30% of Americans think the United States is doing the right thing by taking part in the current military conflict in Libya now. A majority of Republicans, Democrats, and independents alike think the U.S. should not be involved in Libya.’
“The war in Libya lacks Constitutional authority and it lacks the support of the American people. I have filed suit challenging the President’s authority to bring our nation to war absent Congressional approval and I am proposing this amendment to bring our engagement to a swift end,” said Kucinich.” you can go to his website for further information.
What Bachmann has that Palin does not is a combination of being smarter and she is SINCERE!. Palin is as sincere as the Nigerian who wants to send you 23 million dollars if you will just give him you banking information. Both are reasonably attractive, so that balances out.
Bachmann is far more dangerous to our democracy than Palin.
OS – that was what I was pointing out a couple of threads ago. Batshit went silent a few months ago & came back as “new and improved”. Trust me though, nobody in the media will be so unkind as to point this out, ask her about it or even so uncouth as to highlight the change.
The morans already know she is one of them & the low information voter can’t remember 6 weeks ago. She is a lot more formidable than her opponents give her credit for. Despite a degree from Anal Roberts University that clown is not as stupid as she acts.
I’ve updated the post to include Glenn Greenwald’s example of Bush’s OLC episode.
I considered waiting for Professor Turley to post on this subject, but since he’s involved with that House of Representatives case involving Libya, he may have decided not to post about it. There was nothing in the “Drafts” section about it.
WordPress has a new spelling and grammar tool that pops up when you decide to publish a post. It just got much harder to find typos.
“Washington Times: Newly Released Obama Birth Certificate Forensic Forgery – 4/29/11”
“In an exclusive April 29, 2011 interview on ExopoliticsTV with Alfred Lambremont Webre, Robert Stanley, weekly correspondent for the Washington Times investigative radio, has stated after a clear on-camera demonstration that purported certificate of live birth released by U.S. President Barack H. Obama on April 27, 2011 is a forensic forgery.”
SwM, have you noticed that Bachmann has dialed back the full court press crazee lately? She disappeared for a short time and some folks suspect she was at some kind of “training camp” for candidates.
She is managing to sound ‘almost’ sane in the debates and public statements lately. Fortunately for the rest of us, there are many videos and public statements which will follow her for the rest of her political career.
Obama’s Actual Paper Certificate of Live Birth Is a Forgery
“Obama’s On-Line Image of His Alleged 1961 Long-Form Certificate of Live Birth Contains Evidence of Kerning Proving That the Actual Paper Certificate of Live Birth Is a Forgery.”
http://puzo1.blogspot.com/2011/05/obamas-on-line-image-of-his-alleged.html
BVM, get help. You clearly need it. Now take it somewhere else. You have your own web site. Post your delusions there, but leave us out of it. We are trying to have a dialogue here and you are hijacking the thread.
Expert: Obama doc is ‘proof’ – of fraud
“Paul Irey, a retired professional typographer with 50 years experience in his business, says an analysis of the typefaces used in the Barack Obama’s long-form birth certificate that the White House released on April 27 reveals it absolutely to be a forgery.”
http://www.wnd.com/index.php?fa=PAGE.view&pageId=308397
If you look at polls, matters concerning war rank near the bottom now. Economic issues are overwhelmingly the most important. The price at the pump seems far more important to the majority. I think Romney could beat Obama but hopefully not Bachmann or Rick Perry if he gets in.
So long as the wheels on the Bus still go round and round…whats the problem….oh yeah….
OS, Ditto on all fronts on this thread…
SWM,
What decision was reached by the OLC…I say it will cost him a lot of votes…whether he defeats himself , will depends on who is running against him…
http://www.juancole.com/ Top ten mistakes in the Libyan War
Sheriff Mack: Hypocrisy Epidemic !
“The U.S. Constitution is violated daily, and the main perpetrators are the president and top federal government officials. That is the view of Richard Mack, a former Arizona Sheriff who is now advocating state sovereignty as the only way to keep constitution-abiding America intact.”
http://www.prisonplanet.com/sheriff-mack-hypocrisy-epidemic.html
BVM, I for one, do not appreciate the hijacking of the thread. Please take your nutty conspiracy theories somewhere else.
“Document Expert Doug Vogt Interviewed About FBI Criminal Complaint Charging Obama with Fraud”
Dr. James David Manning interviews Douglas Vogt.
The only consolation I have is that almost any Republican since Eisenhower would have been worse. Has anyone noticed that it is the Presidents who never saw combat that are the most cavalier about committing the military to battle?
an unsavory decision by Obama and an even worse process to reach the decision
More information and evidence at:
http://BuenaVistaMall.com/PressRelease.htm
Obama Long Form Birth Certificate is a Forgery!
Obama’s Draft Registration Forged & Back Dated to 1980!
Obama is Using Someone Else’s Connecticut Social Security Number!
Obama is Guilty of Innumerable War Crimes and other Massive Felonies!
Criminal Obama was Never Eligible to be president!
Why Aren’t Congress and the FBI Investigating?
The Congress and FBI are Corrupt!
—————————————–
Legal proof that President Obama’s Certificate of Live Birth is a Forgery
Expanded Analysis of President Obama’s Certificate of Live Birth
by Douglas Vogt
“I have irrefutably proven that the Certificate of Live Birth that President Obama presented to the world on April 27, 2011 is a fraudulently created document put together using the Adobe Photoshop or Illustrator programs and the creation of this forgery of a public document constitutes a class B felony in Hawaii and multiple violations under U.S. Code section Title 18, Part 1, Chapter 47, Sec. 1028, and therefore an impeachable offense. When this comes to the public’s attention, it will be the greatest scandal in the country’s history — nothing comes even close.”
http://www.vectorpub.com/Obamas_certificate_of_birth_May-22-2011_Expanded_News%20Realease.pdf
ARREST OBAMA AND HIS LAWLESS REGIME !