Depends on what war is

Question: When is a war not a war? Answer: When President Obama says it’s not. That’s the disturbing message from the White House this week.

On March 19, American warships fired more than 100 Tomahawk missiles against Libyan government forces in what was called Operation Odyssey Dawn. We were bombing Libya, President Obama explained to the nation, in response to a U.N. resolution and a request from the Arab League, and as part of a NATO operation — with the U.S., initially, in the lead.

{mosads}At the time, few questioned the legality of the president’s action. True, he had not sought a congressional declaration of war, as required by Article I, Section 8, of the Constitution. But under the terms of the War Powers Resolution of 1973, the president had full authority to deploy the military in response to a “national emergency” — as long as he sought authorization of Congress within 60 days, or brought all troops home within another 30 days.

Here’s the rub. That 90-day grace period expires today, June 17. But the Obama administration has not only so far refused to seek congressional authorization for Libya, it now says it won’t even try. The War Powers Resolution, it insists, doesn’t apply to Libya because what’s happening in Libya is not really a war. In other words, it all depends on what your definition of “is” is.

In the case of Libya, one senior White House official explained to reporters: “We’re operating in a support role. We’re not engaged in sustained fighting. There’s been no exchange of fire with hostile forces. We don’t have troops on the ground. We don’t risk casualties to those troops.” So there’s no need to worry about the War Powers Resolution.

Baloney! The fact is, we started this war, and it wouldn’t be going on without us. As of June 3, the United States has spent $716 million in Libya. American forces help plan attacks. American drones are bombing targets in Libya. CIA agents are, in fact, on the ground in Libya. We provide 70 percent of the coalition’s intelligence capacities and a majority of its refueling assets. 

By anybody’s definition except the White House’s, that means we are, with our partners, engaged in hostilities in Libya. And nobody knows that better than a Chicago professor of constitutional law named Barack Obama.

What’s so bizarre about the Obama’s administration position on Libya is: The votes are there, if it wants them. Rightly or wrongly, Americans always unite behind a president in a time of war. A majority of Republicans and Democrats in Congress would stand with the president on a limited military operation in Libya. All he has to do is ask. Yet he stubbornly refuses to do so.

One thing’s for sure: If George W. Bush had launched a third American war without seeking authorization from Congress, Democrats would be raising hell. They should also raise hell for President Obama.

Press is host of the nationally syndicated “Bill Press Show.”