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June 14, 2011 – 5:14 p.m.

Speaker Steps Up Pressure on Obama Over Libya Decision

By Emily Cadei, CQ Staff

As the Obama administration prepares to provide lawmakers with documents about its decision to intervene in Libya, House Speaker John A. Boehner sent a warning Tuesday that the move might not be enough to satisfy members of his party.

In a letter to President Obama, the Ohio Republican said the administration will be in violation of the War Powers Act if it does not obtain congressional authorization for military operations in Libya by June 19.

Citing a 90-day deadline in the 1973 law (PL 93-148) for obtaining congressional authorization of military action, Boehner asked Obama to present a legal justification for continuing operations without a blessing from Capitol Hill.

Separately, two leading anti-war lawmakers indicated they would take their complaint against the U.S. intervention in Libya to federal court on Wednesday.

Obama already has exceeded a 60-day deadline — which can be extended for 30 days — set by the law.

That is adding to growing unrest, particularly in the House, where 148 members voted earlier this month for a resolution (H Con Res 51) calling for U.S. forces to withdraw from Libya within 15 days. No administration has ever acknowledged the constitutionality of the War Powers Resolution, which became law in 1973 over President Richard Nixon’s veto as U.S. involvement in the Vietnam War wound down.

“I respect your authority as commander-in-chief, though I remain deeply concerned the Congress has not been provided answers from the executive branch to fundamental questions regarding the Libya mission necessary for us to fulfill our equally important constitutional responsibilities,” Boehner wrote. “I sincerely hope the administration will faithfully comply with the War Powers Resolution and the requests made by the House of Representatives, and that you will use your unique authority as our president to engage the American people regarding our mission in Libya.”

Up to now, Boehner has resisted taking a stand on the operation in Libya, but he has made clear his unhappiness over how the administration has handled the issue.

“I and many other members of the House of Representatives are troubled that U.S. military resources were committed to war without clearly defining for the American people, the Congress and our troops what the mission in Libya is and what America’s role is in achieving that mission,” Boehner wrote in a March 23 letter.

But when Democratic Rep. Dennis J. Kucinich of Ohio forced a vote earlier this month on a resolution that would have declared that Obama had violated the War Powers Resolution — and demanded an end to the U.S. engagement in Libya — Boehner engineered a compromise measure (H Res 292) calling for additional documents from the administration.

With the 14-day deadline in that resolution coming on Thursday, Boehner appears to be laying down a marker for what he is looking for from the White House.

Kucinich, meanwhile, issued a statement saying that he and Rep. Walter B. Jones, R-N.C., would “lead a bipartisan group to file a complaint [Wednesday] in federal court concerning President Barack Obama, the war in Libya and the American people.” No further details were available Tuesday.

Documents Expected

Speaker Steps Up Pressure on Obama Over Libya Decision

The Obama administration will attempt to address many of the questions that have been raised on Capitol Hill by providing a number of documents pertaining to the conflict either Wednesday afternoon or Thursday, according to Senate Foreign Relations Chairman John Kerry, D-Mass., a close foreign policy ally of the administration.

The documents will be delivered in response to Boehner’s resolution, which demanded many of the same things Boehner outlined in his Tuesday letter to Obama. That includes information on the objectives, scope and costs of U.S. military operations in Libya now and in the future, as well as a justification from the administration for not getting authorization from Congress before committing U.S. forces to the effort to defend Libyan citizens opposing dictator Muammar el-Qaddafi.

As a result of the document release, Kerry said his committee will again delay consideration of a Senate resolution on the conflict to allow members time to review whatever information the administration provides on the role of U.S. forces in the NATO-led operation.

According to Kerry, the administration will also respond to questions from Sen. Bob Corker R-Tenn., who in April sent letters to Secretary of Defense Robert M. Gates and Secretary of State Hillary Rodham Clinton that demanded information on the full scope of U.S. contributions to the NATO mission and to Libyan opposition forces. Corker joined Sen. Jim Webb, D-Va., in cosponsoring a resolution (S J Res18) that would require the White House to provide much of the same information called for in the House-passed Libya resolution.

Senate Fractured

The Senate Foreign Relations Committee has now twice delayed consideration of another resolution (S Res 194), sponsored by Kerry and Senate Armed Services Committee ranking member John McCain, R-Ariz., that expresses the Senate’s support for limited intervention in Libya to protect Qaddafi’s opponents.

The committee was initially scheduled to mark up the resolution on June 9, then postponed it until Thursday amid rising dissent in the Senate. The panel is now holding off until at least next week, but it remains to be seen whether the latest overtures from the Obama administration will be enough to build consensus for the measure, which has so far been lacking.

There is more consensus in the chamber for a bill that would release a portion of the assets that the United States has seized from Qaddafi in recent months. Banking Committee Chairman Tim Johnson, D-S.D., and ranking member Richard C. Shelby, R-Ala., on June 13 introduced legislation (S 1180) that would authorize the president to confiscate and distribute up to $8 billion of the $33 billion in Libyan assets that the United States has frozen, for humanitarian purposes.

Leading lawmakers on both sides of the aisle do not expect the bill, scheduled to be marked up on Thursday, to meet serious opposition in committee.

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