When the White House announced last week that it would not comply with the requirements of the War Powers Resolution because the Libya operation does not involve “hostilities,” eyebrows arched in curiosity. Many observers questioned the administration’s conclusion that America’s involvement in the Libya operation no longer fit within the statute’s term “hostilities.” (The administration’s explanation is found on page 25 of this White House report.)
But even more curious was the White House’s explanation of how the administration reached this conclusion. Rather than releasing a memorandum from the Justice Department’s Office of Legal Counsel (OLC)—as it did at the outset of the military campaign—the administration offered no specific source for its legal conclusions. Instead, the White House’s report simply stated that “the President is of the view that” the War Powers Resolution does not apply.
