War Powers Showdown Heats Up in the Senate Over Libya Operations

WASHINGTON -- The U.S. military operations in Libya are legal, the Obama administration insisted today before the Senate Foreign Relations Committee. Several senators disagreed.

"This administration is acting lawfully, consistent with both the letter and spirit of the Constitution and the War Powers Resolution. Contrary to what some have claimed, we are not asserting sweeping constitutional power to bypass Congress," Harold Koh, the State Department's legal adviser, told the committee.

Sen. Richard Lugar, R-Ind., the ranking member on the committee, challenged that conclusion.

"In this case, President Obama made a deliberate decision not to seek a congressional authorization of his action either before it commenced or during the last three months. This was a fundamental failure of leadership that placed expedience above constitutional responsibility," he said.

The War Powers Resolution would require the president to seek congressional authorization for military operations lasting more than 60 days.

Koh was one of the administration lawyers who argued that U.S. participation in the three month old NATO-led mission is limited enough that it does not constitute hostilities as described in the War Powers Resolution, and therefore would not require congressional authorization. That position was ultimately adopted by President Obama after a debate with lawyers in the Pentagon who disagreed.

Koh argued today that forcing the U.S. to end its participation in Libya would send a bad message to NATO allies and could encourage Libyan leader Moammar Gadhafi to step up attacks on civilians.

Another Republican, Sen. Bob Corker of Tennessee, called Koh's defense a "cute argument" to skirt the law.

"I think by taking this very narrow approach, you've done a great disservice to our country," he said.

The House of Representatives already sent a message to Obama last Friday when it voted down a measure that would authorize U.S. operations in Libya. A separate vote to cut off funding also failed.

This afternoon the Senate Foreign Relations Committee will meet to consider a similar bipartisan resolution proposed by Sens. John Kerry, D-Mass., and John McCain, R-Ariz., that would authorize "the limited use of United States Armed Forces in support of the NATO mission in Libya" for up to one year according to a draft obtained by ABC News. It is also expected to include an amendment from Lugar that would prohibit the use of ground troops.

The resolution will also include nonbinding language authorizing the president to formally recognize the Libyan rebels and to allow them to access some of Gadhafi's frozen funds.

If the resolution passes through the committee it would head to the Senate floor, where a vote is unlikely until after Congress returns in two weeks following the July 4 recess.

Separate legislation would be required to actually provide the rebels access to the frozen funds. Officials say roughly $180-200 million of the over $30 billion in assets that were frozen could be available to the rebels since the rest is tied up in investments and not easily available.