U.S.: Obama’s Claim of Libya War Powers Widely Disputed

Global Geopolitics & Political Economy / IPS

By Jim Lobe

WASHINGTON, Jun 17, 2011 (IPS) – President Barack Obama’s claim that U.S. military operations against Libya should not be subject to the War Powers Act and do not require Congressional approval is drawing heavy fire from friends and foes alike.

In a 38-page report submitted to Congress earlier this week, White House and State Department lawyers contended that the Act did not apply because Washington’s intervention does "not involve sustained fighting or active exchanges of fire with hostile forces, nor do they involve U.S. ground troops".

But that claim went over like a lead balloon with lawmakers on both sides of the aisle who – while most are unlikely to pull the plug on Washington’s three-month-old military involvement – have been unable so far to agree on a resolution authorising the operations.

Senator Dick Durbin, one of the administration’s most loyal and effective allies in Congress, became the latest Democrat to desert Obama on the issue when he insisted Friday that the U.S. air war against the government headed by Muammar Gaddafi did indeed fall under the Act and that Congress should vote to authorise it.

The ‘New York Times’ also joined the fray Friday, warning in its lead editorial that "[i]t 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".

Originally approved by Congress over then-President Richard Nixon’s veto, the 1973 law was designed to end the decade-long U.S. military intervention in Vietnam and establish curbs on the executive branch’s ability to engage U.S. forces in conflicts abroad without seeking Congressional authorisation or a declaration of war.

The Act requires the president to notify Congress within 48 hours of introducing the U.S. into imminent or ongoing "hostilities". It also requires him to end operations within 60 to 90 days unless Congress gives him the authority to continue, or extends the deadline. In the Libya case, the 90-day period will end Sunday.

Until now, every president, beginning with Nixon himself, has argued that the Act is unconstitutional because it infringes on the president’s authority as "Commander-in-Chief". At the same time, however, they have been careful to comply with the Act’s notice requirement – as Obama did two days after deploying U.S. forces over Libya.

At other times, presidents either received authorisation to take military action, as George W. Bush did in 2002 before invading Iraq several months later, or construed the appropriation of money by Congress for purposes of conducting operations as an implicit authorisation, as Bill Clinton did in the case of the 1999 Kosovo War.

When specific authorisation was not forthcoming – as when Ronald Reagan sent military advisers to El Salvador in 1982, when U.S. naval vessels provided served as escorts for Kuwaiti oil tankers during the Iran-Iraq War, or, most recently, during the Kosovo War against Serbia – lawmakers sued the government to enforce the Act’s terms.

In each case, however, the courts ducked the issue on procedural, rather than constitutional grounds, which is likely to be the fate of a new lawsuit filed this week by a bipartisan group of ten congressmen – led by Democrat Dennis Kucinich and Republican Walter Jones – asking the courts to force Obama to withdraw U.S. military forces from the Libyan operation because he did not comply with the Act.

In the Libya case, Obama has not taken the traditional position that the Act is an unconstitutional infringement on his power, but has rather sought to downplay the U.S. role in the operation, which, after being led by Washington during the first days, was formally transferred to NATO.

Echoing this week’s report, Obama’s spokesman, Jay Carney, stressed that Washington’s role was "constrained and limited" and that the operation itself did "not amount to hostilities" as defined by the Act.

But that justification has drawn widespread scorn, particularly given the level of U.S. involvement compared to the half dozen other NATO members that are actively engaged in the conflict.

Indeed, the same administration report that included the legal rationale for not complying with the Act said its Libya-related military operations – which, since the first week of the intervention, have consisted mainly of aerial surveillance, targeting information, refuelling costs, and logistical support – have so far cost more than 700 million dollars. Current expenditures are running at roughly 10 million dollars a day.

Moreover, U.S. warplanes, while not engaged directly in combat, are carrying out about one quarter of total NATO sorties, while Predator drones have been striking targets on the ground.

While the original justification for U.S. involvement was the protection of civilians, administration officials, including Obama, have made it increasingly clear that the operation is designed to oust Gaddafi from power.

"They are involved in a war, and the fact that they are in a support role, that I don’t think is dispositive of the War Powers Resolution debate," Jules Lobel, an expert on the War Powers Act, told the Washington Post this week.

Moreover, the administration’s position that, because its military personnel are not at risk, the Act does not apply could be used by presidents to greatly expand their ability to involve Washington in overseas military adventures.

"Carving out an exception for drones or airstrikes would be a dangerous precedent, especially in an era when so much fighting can be done from the air and by remote control," the ‘New York Times’ noted Friday.

But, aside from the legal issues, the political reasons for compliance with the War Powers Act loom large, particularly given widespread public scepticism about the Libya operation.

"Military operations of this significance, with far-reaching consequences on our military, security, and relations with other nations, require the clear support of the American people," noted the ranking Republican on the Senate Foreign Relations Committee, Richard Lugar, in a statement Thursday in which he asked that the Committee Chairman, Senator John Kerry, schedule hearings on Libya and the War Powers Act. These hearings are now tentatively scheduled for Jun. 28.

All rights reserved, IPS – Inter Press Service, 2011.

This article may not be republished, broadcast, framed, or redistributed without the written permission of IPS – Inter Press Service. Republication of this material without permission from IPS, the copyright holder, constitutes a violation of United States and international copyright laws and may result in legal action.


U.S. Hearing on ‘Radical Islam’ Opens

Global Geopolitics & Political Economy / IPS

By Correspondents *

WASHINGTON, Mar 11, 2011 (IPS/Al Jazeera) – Al-Qaeda is targeting Muslim Americans for recruits to terrorism and the community must do more to combat radicalisation, a U.S. politician has said as he opened hearings in Washington that have been criticised as a witch hunt.

Peter King, the chairman of the House of Representatives Homeland Security Committee who called the hearings, has accused the Muslim community of refusing to co-operate with law enforcement and charged that preaching in some US mosques was leading to radicalisation.

"To combat this threat, moderate leadership must emerge from the Muslim community," King said. "Today, we must be fully aware that homegrown radicalisation is part of al-Qaeda’s strategy to continue attacking the United States."

Democratic representative Keith Ellison, the first Muslim to serve in the House, castigated the committee for its approach and broke down crying as he recounted the story of a 23-year-old Muslim paramedic who died when he responded to the Sep. 11, 2001, attacks in New York City.

"After the tragedy, some people tried to smear his character solely because of his Islamic faith," he said on Thursday.

"Some people spread false rumours and speculated that he was really with the attackers because he was a Muslim."

He said that the young man should be identified as someone "who gave everything for his fellow Americans" rather than solely as a member of a religion or ethnic group.

‘Good name’

King has been criticised by religious and civil rights leaders for focusing on a single community.

The New York congressman denied accusations that the hearings were "radical or un-American" and said there was no comparison between the threat by al-Qaeda and neo-Nazis, environmental extremists and other "isolated madmen".

He defended the hearings, citing the open attempts by al- Qaeda fighters to recruit its members to launch attacks.

John Dingell, Michigan representative and the senior Democrat in the House, urged King and the committee to ensure that their investigation would not "blot the good name or the loyalty or raise questions about the decency of Arabs or Muslims or other Americans".

The focus of the hearings have also raised concerns within the administration of Barack Obama, the US president, to the point that a senior White House official was dispatched to speak to Muslim leaders in Virginia where he told them they were "not part of the problem".

Eric Holder, the US attorney general, took a veiled swipe at King on Wednesday, saying the focus by law enforcement was on individuals rather than an entire community because "we don’t want to stigmatise, we don’t want to alienate entire communities".

* Published under an agreement with Al-Jazeera.

All rights reserved, IPS – Inter Press Service, 2011.

This article may not be republished, broadcast, framed, or redistributed without the written permission of IPS – Inter Press Service. Republication of this material without permission from IPS, the copyright holder, constitutes a violation of United States and international copyright laws and may result in legal action.


Q&A: Fossil Fuel Lobby Following the Playbook of Big Tobacco

Global Geopolitics & Political Economy / IPS

Stephen Leahy interviews environmental economist ROBERT REPETTO

UXBRIDGE, Canada, Mar 2, 2011 (IPS) – Powerful fossil energy interests are preventing the United States from making the necessary transition to 21st century energy sources, one of the country’s leading environmental economists documents in a just-published book.

Fossil energy interests are spending "hundreds of millions of dollars" lobbying U.S. politicians in Congress and funding groups to confuse the public about the serious risks climate change poses, says Robert Repetto, author of "America’s Climate Problem: The Way Forward" published by Earthscan.

IPS climate and environment correspondent Stephen Leahy spoke with Repetto about his new book.

Q: Why did you write this book?

A: We’re running out of time. The latest science shows that climate change is coming faster and posing greater risks than previously thought. We are at risk of triggering positive feedbacks that will lead to uncontrollable climate change.

Meanwhile, America is locked in a climate-policy stalemate, with very few in the public comprehending the real risks climate change poses. Most don’t understand that climate change is happening now. They don’t link extreme weather events we’ve been experiencing with climate change. As a result they are not demanding that politicians take action.

Q: Why don’t most Americans understand the fact that climate change is already underway and poses serious risks?

A: Fossil (oil, coal, natural gas) energy interests are pouring hundreds of millions of dollars into sowing doubt and uncertainty to blunt public concern and to provide political cover to those politicians they are funding. In America, there is a very concerted effort by fossil energy interests that bankroll right-wing and libertarian "think tanks" like the Competitive Enterprise Institute to create an atmosphere of doubt and uncertainty, just like the tobacco companies did regarding the health effects of smoking.

Q: You write that the U.S. Congress’s failure to address climate change – "the most serious environmental problem in history" – reflects the larger failure of an American democracy corrupted by money: "Not only can political support be bought, it can be bought cheaply…."

A: Studies have shown that political spending by corporations has the highest potential return on investment for companies and organisations with interests affected by congressional action. Senator James Inhofe [a Republican from Oklahoma], a powerful and longstanding opponent to action on climate change, received 768,000 dollars in contributions from fossil energy and mining interests during the 110th Congress.

Fossil energy interests are fighting to preserve their markets. What else can you do with coal except burn it? Railways also make a lot of money off shipping coal.

Q: Why do people elect representatives who do not represent their interests?

A: The public is not really aware of what happens in Washington. They’ve become disengaged from the political process and there is wide spread discontent with politicians. People feel their representatives are not acting in the public interest, and they’re right. Changing this is not easy.

During elections, incumbent senators and representatives outspend challengers three to one and they end up being re- elected term and after term. A senator’s election campaign will spend upwards of five million dollars to get re- elected.

Q: The Obama administration has said climate change represents "a clear and present danger" but has taken little action in its two years in office. What can the administration do when House of Representatives recently voted to eliminate all funding for the Intergovernmental Panel on Climate Change?

A: It is highly unlikely there will be a U.S. climate bill. However, if the Obama administration chooses to act, they could do a great deal on the regulatory side. Enforcement of environmental rules regarding coal mining was incredibly lax under the [George W.] Bush administration and the costs of the environmental damage off loaded onto the American public.

Tougher regulations and tighter enforcement would make coal a less attractive energy source than alternative energy options. The public is strongly supportive of environmental protection.

Q: Opponents of action on climate claim it will hurt jobs and the economy.

A: That’s a false claim. Every reputable economic analysis has shown the opposite. Switching to green energy sources will mean more jobs and a healthier economy. People should question why large corporations that don’t hesitate to raise prices or lay off their workers are so concerned about job protection and price stability that they fund think tanks and other organisations to make false claims about climate legislation.

Q: You argue that America’s future depends on a transition to new forms of energy. Can you explain?

A: The basic technology of our cars is over a century old, our coal-powered electricity system older still. Once much of our energy came from water mills that were replaced 50 years later by steam power, to be later replaced by electrical power. During each transition, there were prophets of doom claiming it would be too risky, too dangerous to change.

We have not experienced an energy transition in our lifetimes but we must move to the green energy of the 21st century – renewables and major increases in energy efficiency. Europe has over 800 offshore wind projects, the U.S. has none. We are being left behind. We need to accelerate the transition to green energy.

All rights reserved, IPS – Inter Press Service, 2011.

This article may not be republished, broadcast, framed, or redistributed without the written permission of IPS – Inter Press Service. Republication of this material without permission from IPS, the copyright holder, constitutes a violation of United States and international copyright laws and may result in legal action.


Obama Foreign Policy Likely to Face Republican Challenges

Global Geopolitics & Political Economy / IPS

Analysis by Jim Lobe*

WASHINGTON, Nov 3, 2010 (IPS) – While foreign policy issues played almost no role in Tuesday’s election results, the historic Republican landslide will almost certainly make Barack Obama’s vision of a more positive U.S. role in international affairs more difficult to pursue.

The Republicans, who won control of the House of Representatives and fell just short of a majority in the Senate, are for the most part strongly opposed to major elements of Obama’s foreign policy ambitions, particularly with respect to arms control, climate change, and greater engagement with multilateral institutions.

They also tend to be significantly more hostile toward countries with which Obama has tried hard to cultivate better relations, notably Russia and China; as well as nations, such as Syria, Iran, and Venezuela, with which he has tried, however timidly, to ease tensions.

"Anyone who wanted to see the U.S. demonstrate that it could positively reshape the international order – whether that meant taking a new direction with Russia or China, or achieving Israel-Palestinian peace, or rallying other nations behind efforts to address great global challenges on climate and nuclear arms control – will find that these challenges have just become a lot more difficult," said Steve Clemons, director of the American Strategy programme at the New America Foundation (NAF).

"This breed of Republicans has great disdain for international institutions and treaties and a kind of pugnacious nationalism that is reflexively hostile to multilateralism and engagement," he added.

Of course, as president with the power to veto legislation he dislikes, Obama will still retain the initiative in dealing with other nations. "(A)s long as Obama is prepared to veto bills he dislikes, he will carry the day," according to James Lindsay, senior vice president of the Council on Foreign Relations (CFR). "Congress has not overridden a foreign policy veto in a quarter century."

Moreover, the fact that Democrats will likely retain a slim four-seat majority in the Senate will mean that House Republicans will be unable on their own to enact binding legislation that effectively ties the president’s hands overseas on issues he cares strongly about.

But their power to set the House agenda, initiate legislation, hold hearings, and force officials to testify before them can put the administration on the defensive, as well as influence the political atmospherics surrounding U.S. relations with other countries.

"Any Congress, particularly a hostile Congress, has the power to give any sitting president a major national security migraine, and the incoming House (Republican) leadership has proven their determination to confront the Obama Administration’s foreign policies," noted former Amb. Marc Ginsberg, an adviser to President Bill Clinton, in an article posted at huffingtonpost.com.

Indeed, the pugnacity to which Clemons referred is embodied in Florida Rep. Ileana Ros-Lehtinen, the Cuban-American lawmaker who will take over the chairmanship of the influential House Foreign Affairs Committee in January when the new Congress convenes.

A die-hard anti-Castro activist who has fought for years against the slightest easing of the 50-year-old trade embargo against Cuba, she has also opposed to efforts to "reset" relations with Russia and enjoys close ties to the most-rightwing elements of the neo-conservative movement.

As such, she will no doubt try to hold hearings and move legislation or resolutions designed to punish, or at least embarrass, countries considered either hostile to Israel, notably Iran, Syria, and even the Palestinian Authority, Lebanon and Turkey, on the one hand, or too friendly with Cuba or Venezuela, such as Bolivia, Nicaragua, and Ecuador, and possibly even Brazil, on the other.

Indeed, ties with Latin America, which had not improved nearly as much as had been hoped under Obama, could worsen as a result of the elections and Ros-Lehtinen’s ascendancy, according to most analysts.

"The new political environment in Washington is unlikely to improve the atmospherics with Latin America," noted Michael Shifter, the president of the Inter-American Dialogue, a hemispheric think tank. He predicted that "Obama will be even more cautious than he has been to date" in engaging Cuba and Venezuela.

"The Obama administration, while moving only modestly to change Cuba policy, has generally tried to see the hemisphere in less black-and-white terms than did the (George W.) Bush administration," added Geoffrey Thale, an analyst at the Washington Office on Latin America (WOLA). "The Republican leadership in the House will challenge that approach."

The same applies to other parts of the world, particularly the Middle East where the powerful "Israel Lobby" holds as much influence among Democrats as Republicans.

"I’m not looking forward to clownshow hearings with lunatics denouncing creeping sharia and whipping up anti-Islamic hysteria, which could undermine Obama’s public diplomacy and counterterrorism strategies and do some real long term damage," wrote Marc Lynch, a Mideast specialist, on his foreignpolicy.com blog. "I’m gritting my teeth in anticipation of the next Congress becoming a platform for Iran war hawks, hyping the issue even further in anticipation of the 2010 elections…"

Indeed, on Israel-related issues, House Republicans could get sufficient Democratic support in the Senate to send binding legislation to the president’s desk for his signature or veto, particularly on Iran.

"Ros-Lehtinen will be pushing the administration to strictly enforce new sanctions law against Iran," wrote Josh Rogin on his "Cable" blog at foreignpolicy.com Wednesday.

"If the mere threat of penalties under the law doesn’t entice large international companies to leave Iran, she will call for the administration to start punishing those companies, even if they are from China or Russia."

Such an initiative would enjoy the backing of many Democrats despite the administration’s opposition, as could the imposition of tougher conditions on aid to the Palestinian Authority, Lebanon, Egypt, Jordan, and other Arab countries – possibly even Iraq – deemed insufficiently friendly to Israel, according to Congressional staffers.

Apart from specific countries or regions, Republican control of the House and the party’s gains in the Senate could well put paid to Obama’s hopes to restore U.S. leadership on global issues, notably nuclear non-proliferation and climate change. Many Republicans, particularly those associated with the "Tea Party" movement, are climate sceptics.

"American leadership is critical to solving the climate crisis, but yesterday’s election made our ability to provide that leadership much tougher," noted Katherine Sierra, a senior fellow at the Brookings Institution.

As to Obama’s arms agenda, the "new START Treaty on reducing U.S. and Russian strategic nuclear arms is in intensive care, and the Comprehensive Test Ban Treaty (CTBT) remains in its political grave," according to CFR’s Lindsay, who also predicted cuts in foreign aid.

Where Obama could find greater support in the new Congress is in those positions that have created the most friction with his Democratic base.

On trade, for example, Republicans are considerably more enthusiastic about long-pending accords with South Korea, Colombia, and Panama.

On Afghanistan, he will find it easier to resist rapidly growing pressure from Democrats to accelerate his timetable for withdrawing U.S. troops beginning next July. On the other hand, a stronger Republican caucus will also encourage military commanders in their battle to persuade Obama to abandon that deadline.

Overall, the election results will likely make Washington "less ambitious abroad", according to CFR’s Charles Kupchan, a foreign policy specialist at Georgetown University. "That’s simply because during periods in which Democrats and Republicans can’t agree on policy, the default position is to do less."

"To the degree that their might be some common ground, it entails a less expensive foreign policy. Members of both parties appreciate the need to bring down the deficit, and there is a strategic weariness stemming form the wars in Iraq and Afghanistan," he added.

*Jim Lobe’s blog on U.S. foreign policy can be read at http://www.lobelog.com.

All rights reserved, IPS – Inter Press Service, 2010.

This article may not be republished, broadcast, framed, or redistributed without the written permission of IPS – Inter Press Service. Republication of this material without permission from IPS, the copyright holder, constitutes a violation of United States and international copyright laws and may result in legal action.


Finance bill won’t change Wall St. business model

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