White House defends legality of Libya mission

WASHINGTON — Pushing back against congressional criticism, the White House said Wednesday that President Barack Obama has the authority to continue U.S. military action in Libya even without authorization from lawmakers on Capitol Hill.

In a detailed, 30-page report being sent to Congress, the administration will argue that the U.S. has a limited, support role in the NATO-led bombing campaign in Libya. Because U.S. forces are not engaged in sustained fighting and there are no troops on the ground there, the White House will say the president is within his constitutional rights to direct the mission on his own.

The administration's defense of the Libya mission comes in response to a non-binding House resolution passed earlier this month that chastised Obama for failing to provide a "compelling rationale" for U.S. involvement in Libya.

The resolution gave the administration until Friday to respond to a series of questions on the mission, including the scope of U.S. military activity, the cost of the mission, and its impact on other U.S. wars in Iraq and Afghanistan.

The report for lawmakers marks the first time administration officials have publically explained why they believe the president can keep U.S. forces involved in the Libya mission without violating the War Powers Resolution. That measure prohibits the military from being involved in actions for more than 60 days without congressional authorization, plus a 30-day extension.

Obama did not seek congressional consent for U.S. airstrikes against Moammar Gadhafi's forces, and House Speaker John Boehner sent Obama a letter this week stating that the 90-day window runs out on Sunday.

However, senior administration officials previewing the report Wednesday said U.S. forces are not involved in the kind of "hostilities" for which the War Powers Resolution says the commander in chief must get congressional approval.

While the U.S. led the initial airstrikes on Libya, NATO forces have since taken over the mission, which is in its third month. However, the U.S still plays a significant support role that includes aerial refueling of warplanes and intelligence, surveillance and reconnaissance work.

White House spokesman Jay Carney said the president expects congressional support for the Libya campaign will continue. With Gadhafi under pressure to leave power, he said now is not the time to send "mixed messages" about U.S. commitment to the campaign.

However, a bipartisan group of 10 lawmakers sued Obama Wednesday for taking military action against Libya without war authorization from Congress. The lawmakers said Obama violated the Constitution in bypassing Congress and using international organizations like the United Nations and NATO to authorize military force.