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John Boehner invokes War Powers Act
By John Bresnahan
6/14/11 

House Speaker John Boehner is warning President Barack Obama that he may be in violation of the War Powers Act if Obama refuses to ask Congress for authorization to overthrow Libyan leader Muammar Qadhafi. 

In a letter to Obama today, Boehner noted that Friday is 90 days since U.S. forces first attacked Libyan targets as part of the NATO-led campaign to topple Qadhafi. 

Boehner also told House Republicans during a closed-door session on Tuesday that GOP leaders may seek to restrict or cut off Libyan funding, although no decision has been made to do so yet, GOP sources said. 

Boehner is demanding Obama formally seek authorization from Congress for the campaign or withdraw U.S. forces. 

“Therefore, it would appear that in five days, the Administration will be in violation of the War Powers Resolution unless it asks for and receives authorization from Congress or withdraws all U.S. troops and resources from the mission,” Boehner said in his letter to the president. 

“Since the mission began, the Administration has provided tactical operational briefings to the House of Representatives, but the White House has systematically avoided requesting a formal authorization for its action,” Boehner added. 

“It has simultaneously sought, however, to portray that its actions are consistent with the War Powers Resolution. The combination of these actions has left many Members of Congress, as well as the American people, frustrated by the lack of clarity over the Administration’s strategic policies, by a refusal to acknowledge and respect the role of the Congress, and by a refusal to comply with the basic tenets of the War Powers Resolution.” 

Boehner suggested the White House has made one of two determinations: “either you have concluded the War Powers Resolution does not apply to the mission in Libya, or you have determined the War Powers Resolution is contrary to the Constitution.” 

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