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Tag: libya operation

Old Pals McCain, Kerry Reunite to Back Libya Operation

John Kerry and John McCain have something of a love-hate relationship; they have attacked each other vigorously at various times, but have also reportedly been close at others, working in concert in the 1990s on the issue of whether there were American troops still missing from the Vietnam era in Southeast Asia. Kerry even tried to get McCain to join him on the Democratic ticket in 2004, a sure winner politically that the Arizona senator refused, probably because it would have made it impossible for him to be president (short of Kerry being assassinated).

They are back on, though, it seems, pushing for a joint congressional resolution authorizing the use of force in Libya, with limitations:

Obama has been under fire from both parties for authorizing U.S. military action in Libya without congressional approval — a move that some argue violates the Constitution. The White House maintains it does not need such approval given that limited U.S. air attacks do not constitute the kind of “hostilities” defined by the War Powers Act. Many on Capitol Hill actually support a U.S. role in the NATO-led operation in Libya but are angry that Obama did not seek congressional authorization.

McCain’s warning to House Republicans came as he and Senate Foreign Relations Chairman John Kerry (D-Mass.) introduced their own bipartisan joint resolution that authorizes limited U.S. forces in Libya for a fixed period of time — essentially, what Obama is already doing. Unlike a regular resolution, a joint resolution carries the force of law, so passage of their measure would send a stronger message of support from Congress on what the White House is orchestrating in Libya.

“This is absolutely not a blank check,” Kerry said on the Senate floor. “It says specifically that the Senate does not support the use of ground troops in Libya. And it authorizes this limited use of American forces for a limited duration — It would expire in a year.”

Foreign policy is the one issue on which McCain has been rather consistent over the years, and his adherence to the Bush orthodoxy–robust interventionism–helped him win the Republican nomination in 2008. [Huffington Post]

NYT Editorial Board: War Powers Resolution Applies to Libya Operation

President Obama’s legal team has been making the case over the past few days that the War Powers Resolution of 1973, which prohibits military operations longer than 60 or 90 days on foreign soil without congressional approval, does not apply to the United States’ continued involvement in Libya because of the logistical, tangential nature of our sustained involvement there. John Boehner, much of the Congressional GOP and some liberal Democrats agree, and The New York Times joined them yesterday:

It would be hugely costly — for this country’s credibility, for the future of NATO and for the people of Libya — if Congress were to force President Obama to abandon military operations over Libya. However, Mr. Obama cannot evade his responsibility, under the War Powers Act, to seek Congressional approval to continue the operation.

The White House’s argument for not doing so borders on sophistry — that “U.S. operations do not involve sustained fighting or active exchanges of fire with hostile forces, nor do they involve the presence of U.S. ground troops,” and thus are not the sort of “hostilities” covered by the act. This country’s involvement in the air campaign is undeniably limited. Since the United States handed off command to the Europeans in early April, the Pentagon has provided refueling and surveillance for NATO planes, hit air defenses and sent in armed, remotely piloted drones.

But the 1973 act does not apply solely to boots-on-the-ground, full-out shooting wars. It says that 60 or 90 days after notifying Congress of the introduction of armed forces “into hostilities or into situations where imminent involvement in hostilities is clearly indicated,” the president must receive Congressional authorization or terminate the mission. No word games can get him off the hook. Though pressure from the left seems likely to continue to build on this issue, it seems unlikely the president would risk Congress refuting continued involvement in the war-torn country, especially since a fractious coalition of Tea Partiers and anti-war Democrats might defeat the motion. [NYT]