Obama's Libya policy defended on Capitol Hill

WASHINGTON - President Obama is acting within the law in ordering U.S. military attacks against Libya, a top State Department lawyer told a Senate panel sharply divided over the commander in chief's authority in the 3-month-old conflict.

Harold Koh on Tuesday defended the operation challenging Muammar Qaddafi's forces and Mr. Obama's insistence that he doesn't need congressional consent for his actions. The legal adviser also warned that abandoning the mission would undermine U.S. relationships with allies and "permit an emboldened and vengeful Qaddafi to return to attacking" Libyan civilians.

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Mr. Obama angered Republicans and Democrats by ordering air attacks on March 19 and then failing to seek congressional approval for the action within 60 days, as established by the 1973 War Powers Resolution. In a report to Congress earlier this month, the administration said Libya does not amount to full-blown hostilities and congressional consent is unnecessary.

"We believe that the president is acting lawfully in Libya, consistent with both the Constitution and the War Powers Resolution, as well as with international law," Koh told the Senate Foreign Relations Committee. "Our position is carefully limited to the facts of the present operation, supported by history, and respectful of both the letter of the resolution and the spirit of consultation and collaboration that underlies it."

Koh said four factors led Mr. Obama to conclude that the Libya operation did not fall within the War Powers. The lawyer said the military's role is limited — in mission, exposure of U.S. troops to hostilities, risk of escalation and military attacks.

Sen. Richard Lugar of Indiana, the top Republican on the committee, disagreed with the argument, pointing out that U.S. warplanes reportedly have struck Libyan air defenses some 60 times since NATO took command of the operation in early April and Predator drones have fired missiles 30 times.

"The fact that we are leaving most of the shooting to other countries does not mean that the United States is not involved in acts of war," Lugar said. "If the United States encountered persons performing similar activities in support of al Qaeda or Taliban operations, we certainly would deem them to be participating in hostilities against us."

Sen. Bob Corker, R-Tenn., called it a "cute argument" that has undermined the administration.

The Senate panel planned to meet later in the day Tuesday to consider a resolution that would give Mr. Obama authority for one year to carry out the mission while barring U.S. ground forces in Libya. Lugar planned to offer five amendments to the resolution that would further limit Mr. Obama's authority.

Last Friday, a defiant House overwhelmingly rejected that authorizing but stopped short of cutting off funds for the operation.