Reps. Ron Paul, Dennis Kucinich, and eight other Members of Congress filed a lawsuit against President Obama and Secretary of Defense Robert Gates demanding an end to U.S. operations in Libya.
A pdf file of the 36-page lawsuit can be seen on Rep. Kucinich's site, and calls for:
“injunctive and declaratory relief to protect the plaintiffs and the country” from:
(1) the policy that a president may unilaterally go to war in Libya and other countries without a declaration of war from Congress, as required by Article I, Section 8, Clause 11 of the United States Constitution;
(2) the policy that a president may commit the United States to a war under the authority of the North Atlantic Treaty Organization (NATO) in violation of the express conditions of the North Atlantic Treaty ratified by Congress;
(3) the policy that a president may commit the United States to a war under the authority of the United Nations without authorization from Congress;
(4) from the use of previously appropriated funds by Congress for an unconstitutional and unauthorized war in Libya or other countries; and
(5) from the violation of the War Powers Resolution as a result of the Obama Administration’s established policy that the President does not require congressional authorization for the use of military force in wars like the one in Libya.
According to ABC News:
The lawsuit is signed by a bipartisan group of members of the House, including Kucinich (D-Ohio), Jones (R-North Carolina), Howard Coble (R-North Carolina), John Duncan (R-Tennessee), Roscoe Bartlett (R-Maryland), John Conyers (D-Michigan) Ron Paul (R-Texas), Michael Capuano (D-Massachusetts), Tim Johnson (R-Illinois) and Dan Burton (R-Indiana).
“With regard to the war in Libya, we believe that the law was violated. We have asked the courts to move to protect the American people from the results of these illegal policies,” Rep. Kucinich said in a statement announcing the lawsuit.
CNN reports:
The administration will provide a report to address a June 3 House resolution that raised questions about the president’s goal in Libya, how he hopes to achieve that goal, why he has not sought congressional authorization for involving U.S. troops abroad and how much the conflict will ultimately cost, National Security Council spokesman Tommy Vietor said.
On Tuesday, House Speaker John Boehner warned the President in a harsh letter that he would be violating the Constitution if he continued operations in Libya without Congressional approval, and gave Obama until Friday to "fully divulge the mission to lawmakers," according to The Blaze.
If the President fails to get approval by Sunday - the 90th day since the start of operations - he could be in violation of the War Powers Resolution.
Boehner, Vice President Joe Biden, and Ohio Governor John Kasich are scheduled to play golf with the President on Saturday, according to the New York Daily News, but that does not mean the President can bypass the role of Congress:
Presidents are required to inform Congress within 48 hours that they're committing U.S. forces abroad - and get official approval within two months. Past presidents have committed U.S. forces overseas without congressional approval, including President Bill Clinton in Serbia and President George H.W. Bush in Somalia.
The House has already approved a measure rebuking the President for not getting the OK from Congress in the first place and for not providing a "compelling rationale" for the Libyan operation.
ABC reports that the White House believes it has followed the law.
"Since March 1st, Administration witnesses have testified at over 10 hearings that included a substantial discussion of Libya and participated in over 30 Member or staff briefings, and we will continue to consult with our Congressional colleagues," National Security Council Spokesman Tommy Vietor said in a statement.
"We are in the final stages of preparing extensive information for the House and Senate that will address a whole host of issues about our ongoing efforts in Libya, including those raised in the House resolution as well as our legal analysis with regard to the War Powers Resolution," he said.
But Boehner said the Administration "has systematically avoided requesting a formal authorization for its action."
In March, Kucinich called for impeachment of the President over his committment of U.S. forces in Libya.
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