El Supremo Has Spoken

Friday 17 June 2011 - Filed under Uncategorized

Apparently El Supremo can just ignore the advice of his own legal counsel concerning the (il)legality of our not-war in Libya. Volokh:

The NYT’s Charlie Savage has confirmed that the President overruled the Department of Justice Office of Legal Counsel’s opinion of what constitutes “hostilities” under the War Powers Resolution, preferring instead the conclusion reached by the White House Counsel’s office and the State Department’s Harold Koh.  

In another story earlier this week on the Administration’s explanation to Congress that U.S. participation in NATO operations in Libya do not constitute “hostilities” under the law, Savage reported that White House Counsel Bob Bauer refused to say whether the Administration’s position was based upon an OLC opinion.  

Now, however, Savage is able to report that the Administration rejected the legal position of both OLC and that of Defense Department general counsel Jeh C. Johnson.

2011-06-17  »  madlibertarianguy