32. Before attacking the government of Libya, President Obama did not seek or receive a declaration of war from Congress.
33. Before attacking the government of Libya, President Obama did not seek or receive approval of Congress in any form.
34. Subsequent to the start of military operations in Libya, the Obama Administration stated that, as a policy, the President did not consider himself bound to consult with Congress or receive its approval for military operations like those ordered in Libya.
35. U.S operations in Libya now include all of the classic elements of a war, including but not limited to close combat support, bombing of Libya’s capital and key Libyan military assets, and commitment of U.S. personnel to ground operations to assist the rebel forces in the Libyan civil war.
45. Libya has not been cited as a threat to the United States or any NATO member.
54. According to public reports, U.S. personnel with Army Special Forces units and the Central Intelligence Agency (CIA) are on the ground in Libya to assist the rebel forces. Interview by Bill O’Reilly with Ret. Col. David Hunt, U.S. Army, and Lt. Col. Tony Shaffer, Former U.S. Army Intelligence Officer, on The O’Reilly Factor (Mar. 24, 2011).
58. Indeed, on March 28, 2011, President Obama described the Libyan civil war as one of the “times . . . when our safety is not directly threatened, but our interests and our values are.” President Barack Obama, Address to the Nation on Libya (Mar. 28, 2011).
74. A U.N. resolution does not abrogate or change the obligation of President Obama to obtain a declaration of war under Article I, Section 8, Clause 11 of the Constitution.
75. The Obama Administration has denied that the Libyan operations are a war and, on March 24, 2011, White House Spokesman Jay Carney stated that the Administration had defined these combat operations as “a time-limited, scope-limited military action.”
76. “Time-limited, scope-limited” military actions are not referenced in the U.S. Constitution or the constitutional convention debates.
109. This policy is also evident in the April 1, 2011 opinion of the Justice Department’s Office of Legal Counsel (OLC), entitled “Authority to Use Military Force in Libya.”
110. The OLC opinion clearly states that no congressional approval is required under the President’s “broad constitutional power” to commit to combat operations in countries like Libya.
111. The OLC opinion further states that a U.N. Security Council resolution expands the power of the President because the President has a distinct obligation to enforce such U.N. resolutions.
138. In public comments, White House Press Secretary Jay Carney has stated that it is sufficient for the President to have “consult[ed]” with a few members and that, while not asking for authorization, the President would “welcome an expression of support from Congress” in the form of the aforementioned resolution introduced in the Senate. Jay Carney, White House Press Secretary, Press Briefing (May 20, 2011).
139. On May 20, 2011, President Obama sent a letter to congressional leadership informing it that his Administration concluded that the War Powers Resolution does not apply to the U.S. involvement in Libya because of the limited nature of that involvement. See Jake Tapper, White House on War Powers Deadline: Limited Role Means No Need to Get Congressional Authorization, ABCNEWS.com (May 20, 2011, 7:14 PM), http://blogs.abcnews.com/politicalpunch/2011/05/white-house-on-war-powers-deadlinelimited-
us-role-in-libya-means-no-need-to-get-congressional-autho.html.140. Specifically, President Obama stated that the War Powers Resolution does not apply because:
U.S. participation has consisted of: (1) non-kinetic support to the
NATO-led operation, including intelligence, logistical support, and
search and rescue assistance; (2) aircraft that have assisted in the
suppression and destruction of air defenses in support of the no-fly
zone; and (3) since April 23, precision strikes by unmanned aerial
vehicles against a limited set of clearly defined targets in support
of the NATO-led coalition's efforts.
Id. (quoting the President’s May 20, 2011 letter)."