Click. Sixty Days. So? [View All]

Just to refresh: the attack on Libya is a violation of the UN Participation Act of 1945 and of the War Powers Resolution of 1973.

The former requires the President to get authorization from both houses of Congress to send forces pursuant to an Article 42 call-up. The latter specifically defines the President's Constitutional ability to introduce armed forces into hostilities or where hostilities are imminent in three situations: after a declaration of war, pursuant to a Constitutional authorization, or if we're attacked. None of these conditions were met, so the introduction of forces is completely illegal. The definition of what is considered "war" is made in the War Powers Resolution: introduction of armed forces into "hostilities" or where they are imminent.

Fine. So it's squarely illegal on both counts, but the beat goes on; the War Powers Resolution has apron strings that continue: he needs permission from Congress to continue beyond 60 days from the first notification to Congress, which has to be 48 hours after the initial deployment. We deployed on March 19th; the clock clicks tomorrow. The War Powers Resolution allows 30 days for withdrawal, but the apron strings require him/her to request this time.

We elected this man with scant specifics of policy on the strengths of his character. As a constitutional scholar he well knows what he's doing. What will the move be? Will they claim that they've withdrawn, and thus can reset the clock? We shall see.

Why do the Republicans not scream? There are a few reasons: they hate the War Powers Resolution and want to continue the precedent set by Clinton, Bush Sr., and Reagan to render it moot, they like ratfucking Libya and securing that extra-special lightest and sweetest of crude and they like to know that they have this impeachable offense on the shelf should they choose to use it against him.

The character issue is paramount: we were fluffed on the specifics of policy, and were cajoled into falling into line on the issue of grandiose personal integrity. With the continual parsing and avoidance of legal issues, the very heart and soul of this integrity is revealed to be little more than opportunism, or its more gentle term "pragmatism". A person's character is revealed by actions, not intentions, and we've been sold the concept that it'll all move the right way after the oh-so-clever chess maneuvering. This pawn is not pleased, and the death goes on.

Here are some refreshers on the legalities:

War Powers Resolution of 1973

UN Participation Act of 1945

analysis of UN Participation Act, see section IV