Florida Republican Congressman Tom Rooney, who used to teach constitutional law as a professor at West Point, slammed President Barack Obama this week for insisting that the War Powers Resolution does not apply toAmerican military action against Libya.
Obama sent a letter to congressional leaders Wednesday touching on American military operations in Afghanistan, Iraq, Egypt and in Kosovo as well as the Libyan campaign.
As I reported on March 21, and at my direction, consistent with a request from the Arab League, and as authorized by the United Nations Security Council under the provisions of U.N. Security Council Resolutions 1970 and 1973, U.S. military forces commenced operations on March 19, 2011, to prevent a humanitarian catastrophe and address the threat posed to international peace and security by the crisis in Libya and to protect the people of Libya from the Qadhafi regime, wrote Obama. The initial phase of U.S. military involvement in Libya was conducted under the command of the U.S. Africa Command. By April 4, however, the United States had transferred responsibility for the military operations in Libya to NATO and the U.S. involvement has assumed a supporting role in the coalition's efforts.
Since April 4, U.S. participation has consisted of: (1) nonkinetic support to the NATO-led operation, including intelligence, logistical support, and search and rescue assistance; (2) aircraft that have assisted in the suppression and destruction of air defenses in support of the no-fly zone; and (3) since April 23, precision strikes by unmanned aerial vehicles against a limited set of clearly defined targets in support of the NATO-led coalition's efforts, continued Obama.
Although we are no longer in the lead, U.S. support for the NATO-based coalition remains crucial to assuring the success of international efforts to protect civilians and civilian-populated areas from the actions of the Qadhafi regime, and to address the threat to international peace and security posed by the crisis in Libya. With the exception of operations to rescue the crew of a U.S. aircraft on March 21, 2011, the United States has deployed no ground forces to Libya.
But the Obama administration continued to insist that the American operations in Libya were not covered by the War Powers Act.
We believe U.S. forces are not engaged in the kind of hostilities envisaged by the War Powers Resolution," insisted Jay Carney, a spokesman for the White House. "U.S. operations do not involve a number of elements traditionally associated with hostilities, including sustained fighting or active exchanges of fire with hostile forces; the presence of U.S. ground troops."
Republicans -- with Rooney helping to lead the charge -- fired back.
President Obamas claim that the War Powers Act does not apply to the war in Libya defies common sense, said Rooney. Telling Congress and the American people that this is not a war insults our intelligence. I wont stand for it and neither will my constituents.
No president is above the law, added Rooney.President Obama is in clear violation of the War Powers Resolution and the Constitution.The assertion that the war in Libya does not require congressional authorization sets a terrible precedent, as it represents a clear rejection not just of the War Powers Resolution, but of the Constitution.
Nothing in the Constitution or War Powers Resolution suggests that if a war is limited, NATO-led, or U.N.-authorized then it is not a war and does not require congressional authorization, insisted Rooney. The U.N. does not trump the United States Congress.
Rooney, a former JAG Corps officer in the Army who currently sits on the Armed Services and Intelligence committees, testified before the House Foreign Affairs Committee in late May about a measure he introduced on April 1 demanding that Obama follow the War Powers Resolution with regard to military actions against Libya.
Reach Kevin Derby at kderby@sunshinestatenews.com or at (850) 727-0859
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