Today marks 60 days since President Obama notified Congress under the War Powers Act that he was sending U.S. military forces into action against the regime of Libyan leader Muammar Qaddafi.
And since the Congress has not authorized such military action, technically, U.S. military action must cease against Libya.
So far though, the White House has not said anything publicly about how it will deal with this 60 day time frame, which was put into law during the Vietnam War by the Congress - passed over the veto of President Richard Nixon.
There is a 30 day withdrawal period available to the President - maybe that will be exercised today - or maybe not.
I say that because there are some legal experts who believe the War Powers Act is not constitutional.
A group of Republican Senators have sent President Obama a letter asking whether the Obama Administration plans to comply with the War Powers Act or not - here is the text of that letter:
Dear Mr. President:
On March 19, 2011, you introduced the United States Armed Forces into hostilities in Libya. That action was taken without regard to or compliance with the requirement of section 2(c) of the War Powers Resolution that the United States Armed Forces only be introduced into hostilities or situations where imminent involvement in hostilities is clearly indicated by the circumstances "pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.".
Since that time, numerous aircraft and ships have been deployed and engaged in hostilities and remain in situations where imminent involvement in hostilities is clearly indicated by the circumstances. Secretary of Defense Robert Gates reports that operations in Libya have cost the Pentagon at least $750 million.
Section 5(b) of the War Powers Resolution (50 U.S.C. § 1544(b)) mandates that:
Within sixty calendar days after a report is submitted or is required to be submitted pursuant to section 4(a)(1), whichever is earlier, the President shall terminate any use of United States Armed Forces with respect to which such report was submitted (or required to be submitted), unless the Congress (1) has declared war or has enacted a specific authorization for such use of United States Armed Forces, (2) has extended by law such sixty-day period, or (3) is physically unable to meet as a result of an armed attack upon the United States. Such sixty-day period shall be extended for not more than an additional thirty days if the President determines and certifies to the Congress in writing that unavoidable military necessity respecting the safety of United States Armed Forces requires the continued use of such armed forces in the course of bringing about a prompt removal of such forces.
Congress received your report pursuant to section 4(a)(1) of the War Powers Resolution on March 21, 2011. Friday is the final day of the statutory sixty-day period for you to terminate the use of the United States Armed Forces in Libya under the War Powers Resolution. As recently as last week your Administration indicated use of the United States Armed Forces will continue indefinitely. Therefore, we are writing to ask whether you intend to comply with the requirements of the War Powers Resolution. We await your response.
The letter was signed by Sen. Rand Paul (R-KY), Sen. Mike Lee (R-UT), Sen. Tom Coburn (R-OK), Sen. Ron Johnson (R-WI), Sen. Jim DeMint (R-SC) and Sen. John Cornyn (R-TX).
As for the original notice of U.S. action in Libya, what follows is the letter sent to Congress on March 21 by President Obama - the last line clearly says it is being done under the War Powers Act:
Dear Mr. Speaker: (Dear Mr. President:)
At approximately 3:00 p.m. Eastern Daylight Time, on March 19, 2011, at my direction, U.S. military forces commenced operations to assist an international effort authorized by the United Nations (U.N.) Security Council and undertaken with the support of European allies and Arab partners, to prevent a humanitarian catastrophe and address the threat posed to international peace and security by the crisis in Libya. As part of the multilateral response authorized under U.N. Security Council Resolution 1973, U.S. military forces, under the command of Commander, U.S. Africa Command, began a series of strikes against air defense systems and military airfields for the purposes of preparing a no-fly zone. These strikes will be limited in their nature, duration, and scope. Their purpose is to support an international coalition as it takes all necessary measures to enforce the terms of U.N. Security Council Resolution 1973. These limited U.S. actions will set the stage for further action by other coalition partners.
United Nations Security Council Resolution 1973 authorized Member States, under Chapter VII of the U.N. Charter, to take all necessary measures to protect civilians and civilian populated areas under threat of attack in Libya, including the establishment and enforcement of a "no-fly zone" in the airspace of Libya. United States military efforts are discrete and focused on employing unique U.S. military capabilities to set the conditions for our European allies and Arab partners to carry out the measures authorized by the U.N. Security Council Resolution.
Muammar Qadhafi was provided a very clear message that a cease-fire must be implemented immediately. The international community made clear that all attacks against civilians had to stop; Qadhafi had to stop his forces from advancing on Benghazi; pull them back from Ajdabiya, Misrata, and Zawiya; and establish water, electricity, and gas supplies to all areas. Finally, humanitarian assistance had to be allowed to reach the people of Libya.
Although Qadhafi's Foreign Minister announced an immediate cease-fire, Qadhafi and his forces made no attempt to implement such a cease-fire, and instead continued attacks on Misrata and advanced on Benghazi. Qadhafi's continued attacks and threats against civilians and civilian populated areas are of grave concern to neighboring Arab nations and, as expressly stated in U.N. Security Council Resolution 1973, constitute a threat to the region and to international peace and security. His illegitimate use of force not only is causing the deaths of substantial numbers of civilians among his own people, but also is forcing many others to flee to neighboring countries, thereby destabilizing the peace and security of the region. Left unaddressed, the growing instability in Libya could ignite wider instability in the Middle East, with dangerous consequences to the national security interests of the United States. Qadhafi's defiance of the Arab League, as well as the broader international community moreover, represents a lawless challenge to the authority of the Security Council and its efforts to preserve stability in the region. Qadhafi has forfeited his responsibility to protect his own citizens and created a serious need for immediate humanitarian assistance and protection, with any delay only putting more civilians at risk.
The United States has not deployed ground forces into Libya. United States forces are conducting a limited and well-defined mission in support of international efforts to protect civilians and prevent a humanitarian disaster. Accordingly, U.S. forces have targeted the Qadhafi regime's air defense systems, command and control structures, and other capabilities of Qadhafi's armed forces used to attack civilians and civilian populated areas. We will seek a rapid, but responsible, transition of operations to coalition, regional, or international organizations that are postured to continue activities as may be necessary to realize the objectives of U.N. Security Council Resolutions 1970 and 1973.
For these purposes, I have directed these actions, which are in the national security and foreign policy interests of the United States, pursuant to my constitutional authority to conduct U.S. foreign relations and as Commander in Chief and Chief Executive.
I am providing this report as part of my efforts to keep the Congress fully informed, consistent with the War Powers Resolution. I appreciate the support of the Congress in this action.
BARACK OBAMA
