Robert Delahunty and I have a piece in the Daily Caller today delving further into Obama's limp claim that the Libyan war does not count as "hostilities" under the War Powers Resolution. From the candidate, and his party, that accused the Bush administration of placing itself above the law, comes the claim that spending a billion dollars to use drones to attack Libyan ground forces, including their leader, does not violate the War Powers Resolution because there are no ground troops involved and hence no possibility of US casualties. Under this logic, the US could drop bombs on Caracas and try to kill Hugo Chavez without crossing the boundary into a war.
It also turns out that the Obama administration played games with the way legal positions are developed within the executive branch. Instead of the Justice Department, where Robert and I both worked under Bush, setting forth the views of the executive branch, the Obama folks solicited views from different agencies and just picked the one it found most convenient for a decision already made. DOJ lost, and seems to have lost its once exclusive role as the law interpreter and enforcer for the executive. Does anyone else here think it's time for Eric Holder to resign?