Showing posts with label legal. Show all posts
Showing posts with label legal. Show all posts

Sunday, 19 June 2011

Obama ignored legal advice on Libya war











A smoke cloud rises after a Nato bombing in Tripoli




Barack Obama overruled the advice of administration lawyers in deciding the US could continue participatingin the Libya conflict without congressional approval.






The White House insists the president did not need congressional approval to authorise US support for Nato's mission, because the military campaign is limited in scope.



Critics argue the action violates a Vietnam War-era law limiting military action without congressional approval to 60 days.



 Pentagon General Counsel Jeh Johnson and acting head of the justice department's Office of Legal Counsel Caroline Krass had advised Obama that the US involvement in the Libya air campaign constituted "hostilities".


But the US president opted to follow the advice of White House counsel Robert Bauer and state department legal adviser Harold Koh, who argued the US involvement fell short of "hostilities.



US presidents can override the legal conclusions of the Office of Legal Counsel, but it is very rare for that to happen, analysts say.


The War Powers Resolution of 1973 states Congress must authorise participation in hostilities longer than 60 days, although the president can seek a 30-day extension.















Thursday, 16 June 2011

Libyan rebels take new villages in Western Mountains



Rebel fighters are seen before a heavy fight against pro-Gadhafi forces at the frontline of Dafneya, some 40 km west Misrata, Libya, Sunday, June 12, 2011. (AP Photo/Hassan Ammar)
Rebel fighters are seen before a heavy fight against pro-Gadhafi forces at the frontline of Dafneya, some 40 km west Misrata, Libya, Sunday, June 12, 2011.



Libyan rebels have pushed deeper into government-held territory from their base in the Western Mountains, taking two villages from which forces loyal to Muammar Gaddafi had been shelling rebel-held towns.

But the rebels are still a considerable way from Gaddafi's main stronghold in Tripoli, while their fellow fighters on the other two fronts -- in Misrata and in eastern Libya -- have made only halting progress against better-armed government troops.

The rebel advance some 150 km (90 miles) southwest of Tripoli on Wednesday, came as the White House insisted that President Barack Obama had the legal authority to press on with US military involvement in Libya.

Strains have begun to show in the Western alliance trying to topple Gaddafi. The US defense secretary rounded on European allies last week for failing to back the mission the alliance took over in late March.

The White House urged skeptical lawmakers not to send "mixed messages" about their commitment to the NATO-led air war that has helped the rebels push on from their bastion in the east.

"The revolutionaries (rebels) now control Zawiyat al-Babour and al-Awiniyah after pro-Gaddafi forces retreated this morning from the two villages," Abdulrahman, a rebel spokesman in the nearby town of Zintan.

In Gharyan, a Gaddafi-held town that forms the gateway from Tripoli to the mountains, there was an undercurrent of tension as the frontline moves closer to the capital.

Libyan government minders took a group of reporters to the town, which lies about 120 km southwest of Tripoli and about 20 km east of Kikla, which rebels seized from loyalists on Tuesday.

Despite an outward appearance of normality, walls around town on Wednesday had recently painted over graffiti. The windows of one government building were smashed, the sign for another was riddled with holes.

While many traders and people on the streets were reluctant to talk to reporters, one shop owner said the calm in the area during the day was replaced by fighting every night.

"Two thirds of the people here are for the rebels," he told Reuters, giving his name as Mohammed.

Those willing to talk in front of the minders were strongly pro-Gaddafi.

"Sarkozy is stupid, he is fighting this war for petrol," a man called Yunis said in French, referring to the French president, vilified by Gaddafi supporters as the driving force behind NATO bombing. "This is colonialism all over again."

Tuesday, 14 June 2011

Former Tunisian president to face June 20 trial

 Former Tunisian president Zine al-Abidine Ben Ali, who fled to Saudi Arabia in January, will be tried in absentia on June 20, Tunisia's interim prime minister said Monday. 



    Former Tunisian president Zine al-Abidine Ben Ali


"Ben Ali's trial will start on June 20," Beji Caid Sebsi said in an interview on Al Jazeera television. "He will be tried in a military and in a civilian court." 




Ben Ali fled to Jeddah after he was toppled by mass protests on January 14 after 23 years in power. Several members of his family and security and some of his closest allies were detained shortly after he was forced out. 



Tunisian authorities have been preparing several legal cases against Ben Ali, including conspiring against the state, voluntary manslaughter and drug trafficking. 



The caretaker authorities, trying to assert their authority and gain legitimacy in the eyes of protesters who forced the transition, are attacking the vestiges of his long rule. 



Saudi authorities have not responded to a request by Tunis to extradite Ben Ali and his wife Leila Trabelsi. 



Former Egyptian President Hosni Mubarak, who was ousted shortly after Ben Ali, is also due to stand trial for the killing of protesters and could face the death penalty.

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