RE: A War That The Press Isn't Talking About. I Wonder Why? (Full Version)

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mnottertail -> RE: A War That The Press Isn't Talking About. I Wonder Why? (3/23/2012 6:18:19 AM)

quote:

ORIGINAL: TheHeretic


quote:

ORIGINAL: Musicmystery



You are troubled by the D by this president's name.



No, I'm troubled by the short-sighted "Duh," in his policies, Muse. Has NPR had anything on the coup in neighboring Mali, where the influx of former Libyan weapons cranked their civil war up to 11?


Yup, lots.   




Musicmystery -> RE: A War That The Press Isn't Talking About. I Wonder Why? (3/23/2012 6:29:05 AM)

quote:

Two things put the Panama operation into a completely different class than Libya. The first (and this should be a "duh," even for the special needs kid who gathers up the shopping carts at the local grocery store) is certain waterway running through the country. The Panama Canal was more than enough as a national security interest to put it on Bush's plate, and Noriega let himself be baited into making an incredibly rash and foolish statement about the state of relations between our countries.

Now I do know how much you love to argue semantics


You've moved the goal posts yourself, Richard.

First, selective concern about illegally taking this country to war. You're excusing Bush I, who did exactly what you're complaining about, but with less technology.

Now you're arguing the prospective merits of the two actions. That's a different matter. If the Libyan action is ill advised, that should have been your focus, not the clearly selective illegal bit.

Iran-Contra was damn illegal too. It not only didn't consult Congress, it defied Congress in direct violation. That guy you decided to saint.

Pre-emptive invasion was the over the top precedent for me, Rich. From that point, all details in the same shit-storm. All of these matters could have been handled with dollar diplomacy and behind the scenes arm-twisting. "We can just send the Marines" is costing us trillions, and frankly not getting us a lot for the investment, beyond exercising misplaced arrogance.

Yes. You are being selective.

So where do the goal posts go now?




mnottertail -> RE: A War That The Press Isn't Talking About. I Wonder Why? (3/23/2012 6:58:52 AM)

Bush did get Congressional approval prior to attacking Iraq, though.

(there is the document, and as it happens he didnt, since they had nothing to do with 9/11).

Bush had the authority because he determined...
(and what has Obama (a he) determined?)
 
 
The War Powers Resolution has strict guidelines regarding when the President is allowed to send troops in somewhere prior to notifying Congress. He then has to notify Congress within 48 hours of the onset of military action. I am not disputing that he has notified Congress. He notified Congress about Libya within the 48 hours, too. My allegations are that he did not have standing to order the troops in. His decisions in both cases do not stand up to the War Powers Resolution requirements.


 
http://www.law.cornell.edu/uscode/text/50/chapter-33[link=http://www.law.cornell.edu/uscode/text/50/1541][/link]  (uh, use any credible text you want of the war powers resolution, but this one is good as any, although unless you want to wade thru USC at the gov site, cornell is the bomb)

There is no 48 hours required, so you are still proving you haven't read it.  see section 8(1) regarding treaties (Libya-Nato situation)

You may not remember how it was splashed in the media that McCain-Kerry had an authorization for Libya for him waiting to sign (and counted up and guarenteed votes to pass) upon his asking for it.

He said, I don't need it, Nato-Treaty deal, fellas. No thanks.

the 107-40 is argumentum ad fantasy, like all of your arguments here are (the 48 hours being one example), perhaps my reductio ad absurdum is lost because of  by my poor typing.  It has nothing to do with Libya, and never did, as it has nothing to do with Uganda, nor Iraq nor Afghanistan.   But believe me, a legal argument could be made....It was successful in Iraq, wasn't it?  Even though that is not in keeping with what they thought they were authorizing.

In any case, he has sent the notification to congress regarding Uganda....hedging his bets no doubt....
    
The President in every possible instance shall consult with Congress before introducing United States Armed Forces into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, and after every such introduction shall consult regularly with the Congress until United States Armed Forces are no longer engaged in hostilities or have been removed from such situations.







(thats an excerpt, and what I think he will use on this one).   this is a situation in which imminent involvement in hostilities is not clearly indicated by the circumstances. That is my take on it, since he was at pains to call them advisors.  They went in October 15th, and how many are dead?   How many have actually engaged in battle?  How many wounded?  got the clap?  fell down the stairs drunk? misquito bites, anything? Unless you have an actual answer to that question above zero, your imminent requirement clearly delineated in that law is not gonna hunt.  So, we are at loggerheads, he is clearly adhering to the letter of the War Powers Act.   




DomKen -> RE: A War That The Press Isn't Talking About. I Wonder Why? (3/23/2012 8:52:59 AM)


quote:

ORIGINAL: TheHeretic


quote:

ORIGINAL: DomKen

But according to you none of that is as bad as a drug dealer running Panama. Is that really your argument?



No, and I've long since learned there is no point trying to work out where you come up with such fabrications.

Goodbye, Ken.



Goodbye Brave Sir Robin.




DesideriScuri -> RE: A War That The Press Isn't Talking About. I Wonder Why? (3/23/2012 12:05:18 PM)

quote:

ORIGINAL: mnottertail
quote:

Bush did get Congressional approval prior to attacking Iraq, though.

(there is the document, and as it happens he didnt, since they had nothing to do with 9/11).


http://www.gpo.gov/fdsys/pkg/PLAW-107publ243/pdf/PLAW-107publ243.pdf

quote:

quote:

Bush had the authority because he determined...

(and what has Obama (a he) determined?)


http://abcnews.go.com/blogs/politics/2011/10/obama-sends-100-us-troops-to-uganda-to-combat-lords-resistance-army/
quote:

Two days ago President Obama authorized the deployment to Uganda of approximately 100 combat-equipped U.S. forces to help regional forces “remove from the battlefield” – meaning capture or kill – Lord’s Resistance Army leader Joseph Kony and senior leaders of the LRA.
The president said that for more than two decades the LRA has been responsible for having “murdered, raped, and kidnapped tens of thousands of men, women, and children in central Africa” and continues to “commit atrocities across the Central African Republic, the Democratic Republic of the Congo, and South Sudan that have a disproportionate impact on regional security.”


Sure doesn't seem like it had anything to do with US National Security or 9/11.

Like I said, 107-40 had nothing to do with Uganda.

Why did Obama go into Libya? Was it because of terrorist attacks? No. It wasn't because of past terrorist attacks, threat of current or future terrorist attacks, or because of a threat to the US, any US territories or holdings, or US citizens. Any ties to terrorism that Gaddhafi and Libya had were well past and Obama could have invaded Libya on Jan. 22 2009 if that was the pretense. He could have told the entire Middle East that the day after he was sworn in that the US troops would start pulling out of Iraq. All those pulling out could have simply gone across some water and invaded Libya.

No. He waited. He waited because he didn't have the authority to do that. He went in under the pretenses of preventing a massive slaughter of Libyans. While it could be interpreted that Qaddhafi was talking about Libyan Citizens (in general) when he said that no mercy would be taken, most certainly do believe he was referring to the armed rebels. But, that's neither here nor there, right?

quote:

quote:

The War Powers Resolution has strict guidelines regarding when the President is allowed to send troops in somewhere prior to notifying Congress. He then has to notify Congress within 48 hours of the onset of military action. I am not disputing that he has notified Congress. He notified Congress about Libya within the 48 hours, too. My allegations are that he did not have standing to order the troops in. His decisions in both cases do not stand up to the War Powers Resolution requirements.
 
(uh, use any credible text you want of the war powers resolution, but this one is good as any, although unless you want to wade thru USC at the gov site, cornell is the bomb)
There is no 48 hours required, so you are still proving you haven't read it. 


Oddly enough, it is apparently you that hasn't read it. You seemed to have missed something.

quote:

50 USC § 1543 - REPORTING REQUIREMENT
(a) Written report; time of submission; circumstances necessitating submission; information reported
In the absence of a declaration of war, in any case in which United States Armed Forces are introduced—
(1) into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances;
(2) into the territory, airspace or waters of a foreign nation, while equipped for combat, except for deployments which relate solely to supply, replacement, repair, or training of such forces; or
(3) in numbers which substantially enlarge United States Armed Forces equipped for combat already located in a foreign nation;
the President shall submit within 48 hours to the Speaker of the House of Representatives and to the President pro tempore of the Senate a report, in writing, setting forth—
(A) the circumstances necessitating the introduction of United States Armed Forces;
(B) the constitutional and legislative authority under which such introduction took place; and
(C) the estimated scope and duration of the hostilities or involvement.
(b) Other information reported
The President shall provide such other information as the Congress may request in the fulfillment of its constitutional responsibilities with respect to committing the Nation to war and to the use of United States Armed Forces abroad.
(c) Periodic reports; semiannual requirement
Whenever United States Armed Forces are introduced into hostilities or into any situation described in subsection (a) of this section, the President shall, so long as such armed forces continue to be engaged in such hostilities or situation, report to the Congress periodically on the status of such hostilities or situation as well as on the scope and duration of such hostilities or situation, but in no event shall he report to the Congress less often than once every six months.


Don't you just absolutely fucking hate it when you're wrong?

quote:

see section 8(1) regarding treaties (Libya-Nato situation)
You may not remember how it was splashed in the media that McCain-Kerry had an authorization for Libya for him waiting to sign (and counted up and guarenteed votes to pass) upon his asking for it.
He said, I don't need it, Nato-Treaty deal, fellas. No thanks.


But, it wasn't within NATO treaty to send in the troops. NATO acts to end situations that member nations are involved in. Libya is not a member nation. Libya was not threatening any member nation. NATO's only authority to act was granted by UN Resolution, which, again, does not force us to join in. So, Obama didn't have to lend a hand. Obama chose to do so, but was in violation of the War Powers Resolution because entry into the fray did not follow any of the requirements therein.

quote:

the 107-40 is argumentum ad fantasy, like all of your arguments here are (the 48 hours being one example), perhaps my reductio ad absurdum is lost because of  by my poor typing.  It has nothing to do with Libya, and never did, as it has nothing to do with Uganda, nor Iraq nor Afghanistan.   But believe me, a legal argument could be made....It was successful in Iraq, wasn't it?  Even though that is not in keeping with what they thought they were authorizing.
In any case, he has sent the notification to congress regarding Uganda....hedging his bets no doubt....
quote:

   
The President in every possible instance shall consult with Congress before introducing United States Armed Forces into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, and after every such introduction shall consult regularly with the Congress until United States Armed Forces are no longer engaged in hostilities or have been removed from such situations.

(thats an excerpt, and what I think he will use on this one).   this is a situation in which imminent involvement in hostilities is not clearly indicated by the circumstances. That is my take on it, since he was at pains to call them advisors.  They went in October 15th, and how many are dead?   How many have actually engaged in battle?  How many wounded?  got the clap?  fell down the stairs drunk? misquito bites, anything? Unless you have an actual answer to that question above zero, your imminent requirement clearly delineated in that law is not gonna hunt.  So, we are at loggerheads, he is clearly adhering to the letter of the War Powers Act.   


Actually, the one I think he should be held accountable for is this one:
quote:

50 USC § 1541 - PURPOSE AND POLICY
(c) Presidential executive power as Commander-in-Chief; limitation
The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to
(1) a declaration of war,
(2) specific statutory authorization, or
(3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.


Considering that there is no DoW or statutory authorization being pursued, and there is no national emergency, the President does not have the authority to introduce the Armed Forces into hostilities.

Now, if you'd be so kind, which part of the WPR did I not read again?




mnottertail -> RE: A War That The Press Isn't Talking About. I Wonder Why? (3/23/2012 12:39:39 PM)

Whereas Congress has taken steps to pursue vigorously the war
on terrorism through the provision of authorities and funding
requested by the President to take the necessary actions against
international terrorists and terrorist organizations, including
those nations, organizations, or persons who planned, authorized,
committed, or aided the terrorist attacks that occurred on September
11, 2001, or harbored such persons or organizations;
Whereas the President and Congress are determined to continue
to take all appropriate actions against international terrorists
and terrorist organizations, including those nations, organizations,
or persons who planned, authorized, committed, or aided
the terrorist attacks that occurred on September 11, 2001, or
harbored such persons or organizations;
Whereas the President has authority under the Constitution to
take action in order to deter and prevent acts of international
terrorism against the United States, as Congress recognized in
the joint resolution on Authorization for Use of Military Force
(Public Law 107–40); and
 
So, this here is right out of your law, an obiter dictum on the 107-40 which you might need to consider the purpose of a comma before the word including, or have an english teacher hep you to it....looks like 107-40 INTENDS to apply to acts of terrorism as determined by a male president.  
 
OK, I get it, you cant read.
 
(3) in numbers which substantially enlarge United States Armed Forces equipped for combat already located in a foreign nation;
the President shall submit within 48 hours to the Speaker of the House of Representatives and to the President pro tempore of the Senate a report, in writing, setting forth—
 
And you are wrong on the Nato Treaty.   As has been explained to you repeatedly, you are runing around chasing your tail and your position is frankly bankrupt.
 
It is clear that you ignore any law that has been presented you in the course of this buncombe about war powers acts, which do not apply, then you go on to prove that public law 107-40 is the law that can be claimed for any act of terroism (as defined by a male president) (because it is the 'war on terror' law, when you went out into the world and actually got the SEPARATE  authorization for Iraq, created sometime distant from that law. 
 
There is no substantial use of troops in either Libya or Uganda.
 
You need to slow down and read, not pick and chose a sentence fragment of a clause and tell everyone this means what I say it means, and expect other than to be laughed at.  




subrob1967 -> RE: A War That The Press Isn't Talking About. I Wonder Why? (3/23/2012 1:10:13 PM)


quote:

ORIGINAL: mnottertail

Whereas Congress has taken steps to pursue vigorously the war
on terrorism through the provision of authorities and funding
requested by the President to take the necessary actions against
international terrorists and terrorist organizations, including
those nations, organizations, or persons who planned, authorized,
committed, or aided the terrorist attacks that occurred on September
11, 2001, or harbored such persons or organizations;
Whereas the President and Congress are determined to continue
to take all appropriate actions against international terrorists
and terrorist organizations, including those nations, organizations,
or persons who planned, authorized, committed, or aided
the terrorist attacks that occurred on September 11, 2001, or
harbored such persons or organizations;
Whereas the President has authority under the Constitution to
take action in order to deter and prevent acts of international
terrorism against the United States, as Congress recognized in
the joint resolution on Authorization for Use of Military Force
(Public Law 107–40); and
 
So, this here is right out of your law, an obiter dictum on the 107-40 which you might need to consider the purpose of a comma before the word including, or have an english teacher hep you to it....looks like 107-40 INTENDS to apply to acts of terrorism as determined by a male president.  
 
OK, I get it, you cant read.
 
(3) in numbers which substantially enlarge United States Armed Forces equipped for combat already located in a foreign nation;
the President shall submit within 48 hours to the Speaker of the House of Representatives and to the President pro tempore of the Senate a report, in writing, setting forth—
 
And you are wrong on the Nato Treaty.   As has been explained to you repeatedly, you are runing around chasing your tail and your position is frankly bankrupt.
 
It is clear that you ignore any law that has been presented you in the course of this buncombe about war powers acts, which do not apply, then you go on to prove that public law 107-40 is the law that can be claimed for any act of terroism (as defined by a male president) (because it is the 'war on terror' law, when you went out into the world and actually got the SEPARATE  authorization for Iraq, created sometime distant from that law. 
 
There is no substantial use of troops in either Libya or Uganda.
 
You need to slow down and read, not pick and chose a sentence fragment of a clause and tell everyone this means what I say it means, and expect other than to be laughed at.  



So I guess we can end the Bush/Cheney war criminal crap that we've heard over the last 8 years?




mnottertail -> RE: A War That The Press Isn't Talking About. I Wonder Why? (3/23/2012 1:12:24 PM)

Why?   So if I shoot you having a permit to carry signed by you,  because I dont like the way your face hangs, is that within the meaning of the law?




LoreBook -> RE: A War That The Press Isn't Talking About. I Wonder Why? (3/23/2012 3:28:21 PM)

quote:

Considering that there is no DoW or statutory authorization being pursued

[8|]




DesideriScuri -> RE: A War That The Press Isn't Talking About. I Wonder Why? (3/23/2012 8:00:36 PM)

quote:

ORIGINAL: mnottertail
Whereas Congress has taken steps to pursue vigorously the war
on terrorism through the provision of authorities and funding
requested by the President to take the necessary actions against
international terrorists and terrorist organizations, including
those nations, organizations, or persons who planned, authorized,
committed, or aided the terrorist attacks that occurred on September
11, 2001, or harbored such persons or organizations;
Whereas the President and Congress are determined to continue
to take all appropriate actions against international terrorists
and terrorist organizations, including those nations, organizations,
or persons who planned, authorized, committed, or aided
the terrorist attacks that occurred on September 11, 2001, or
harbored such persons or organizations;
Whereas the President has authority under the Constitution to
take action in order to deter and prevent acts of international
terrorism against the United States, as Congress recognized in
the joint resolution on Authorization for Use of Military Force
(Public Law 107–40); and
 
So, this here is right out of your law, an obiter dictum on the 107-40 which you might need to consider the purpose of a comma before the word including, or have an english teacher hep you to it....looks like 107-40 INTENDS to apply to acts of terrorism as determined by a male president.  
 
OK, I get it, you cant read.


And here is where you wrong:
quote:


 
(3) in numbers which substantially enlarge United States Armed Forces equipped for combat already located in a foreign nation;
the President shall submit within 48 hours to the Speaker of the House of Representatives and to the President pro tempore of the Senate a report, in writing, setting forth—
 
And you are wrong on the Nato Treaty.   As has been explained to you repeatedly, you are runing around chasing your tail and your position is frankly bankrupt.
 
It is clear that you ignore any law that has been presented you in the course of this buncombe about war powers acts, which do not apply, then you go on to prove that public law 107-40 is the law that can be claimed for any act of terroism (as defined by a male president) (because it is the 'war on terror' law, when you went out into the world and actually got the SEPARATE  authorization for Iraq, created sometime distant from that law. 
 
There is no substantial use of troops in either Libya or Uganda.
 
You need to slow down and read, not pick and chose a sentence fragment of a clause and tell everyone this means what I say it means, and expect other than to be laughed at.  



You accuse me of picking and choosing sentence fragments? That's a whole pot/kettle thing there, dude.

You chose a(3) simply because it fit for you. But, you didn't take it as it was written.

quote:

50 USC § 1543 - REPORTING REQUIREMENT
(a) Written report; time of submission; circumstances necessitating submission; information reported
In the absence of a declaration of war, in any case in which United States Armed Forces are introduced—
(1) into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances;
(2) into the territory, airspace or waters of a foreign nation, while equipped for combat, except for deployments which relate solely to supply, replacement, repair, or training of such forces; or
(3) in numbers which substantially enlarge United States Armed Forces equipped for combat already located in a foreign nation;
the President shall submit within 48 hours


It's not necessary to fulfill all 3 conditions. Those are "or" conditions, so only one of them has to apply. To wit, #2 applies completely. Thus, he certainly does have a 48 hour requirement.

See? I can read. I can read for comprehension. I do read the entire text to gain an understanding.

I have not ignored every law that has been presented to me in this discussion. I disagree that the laws apply as they have been explained to apply. And, I have also explained why those laws don't apply. No one has rebutted my explanations other than to say that I am wrong.

Regarding 107-40: What terrorist attacks were we preventing? Or, were we punishing Qaddhafi for prior acts that occurred before the "War on Terror" Law? Is it possible we could simply go into Germany as we speak for their invasion of Poland in the 30's? I bet there were plenty of people who were terrified.

You have not yet shown how 107-40 applies to either Libya or Uganda.




mnottertail -> RE: A War That The Press Isn't Talking About. I Wonder Why? (3/24/2012 5:37:24 AM)

Condition 3 contains the 48 hours demand, please learn to read, only under condition 3 is there a clear and present need to notify congress within 48 hours.  It does not apply to the rest of the document or it would be worded more like:

Within 48 hours congress must be notified if:

1
2
3
4
and so on. 

I picked and chose nothing. Thanks for pointing out where you are wrong, he did not violate any war powers act in that clause either.

You have not yet shown how the war powers act applies to Uganda or Libya. You have not shown anything of substance, in fact.  You have poorly constructed arguments that are easily disprovable as without foundation.

You have been provided proof it does not apply, and that Libya was a Nato treaty event.

Now, you can disagree all you want, but you havent presented a cogent and accurate argument in support of your  fantasy claims.

Here is, while not a proof, a damning indictment of your position.  With all the neo-cons and teabaggers in the congress, not one impeachment proceeding or lawsuit has went forward.

This either speaks to their ineptitude, their willingness to permit the slow undoing of our constitution, or the fact that you are chasing ghosties.

I cannot concieve of a fourth option, but entertain me.....  




LoreBook -> RE: A War That The Press Isn't Talking About. I Wonder Why? (3/24/2012 7:50:16 AM)

quote:

And, I have also explained why those laws don't apply. No one has rebutted my explanations other than to say that I am wrong.
First of all, no you haven't. You haven't explained anything along those lines. All you have said on the topic is that
1. We follow the Constitution first and foremost (Correct, and nothing has been done that in any manner violates anything in the Constitution)
2. We follow US law (Correct, US laws such as the UN Treaty)
3. We were not forced to follow the UN resolution (Correct but it has no bearing on the topic and certainly doesn't explain why the UN Treaty doesn't apply)
4. Claimed that Obama didn't have the required "specific statutory authorization," required in the WPR (He clearly did, there was a valid Security Council Resolution in place, and according to both the Constitution and US law, that qualifies as statutory authorization)

And as far as nobody having rebutted your explanations, perhaps that is because you haven't offered an explanation. Maybe if you did, somebody could rebut it.

Here is your chance. Please explain exactly why the UN Treaty (a valid US law passed by the body Constitutionally empowered to do so) does not apply to Libya?





DesideriScuri -> RE: A War That The Press Isn't Talking About. I Wonder Why? (3/24/2012 7:56:55 AM)

quote:

ORIGINAL: mnottertail
Condition 3 contains the 48 hours demand, please learn to read, only under condition 3 is there a clear and present need to notify congress within 48 hours.  It does not apply to the rest of the document or it would be worded more like:


I see you decided to not go to the actual text. Perhaps you should go to that site you (correctly) claim is the bomb.

Look again, spanky. 50 USC §1543 (a) reads this way:
quote:

Written report; time of submission; circumstances necessitating submission; information reported
In the absence of a declaration of war, in any case in which United States Armed Forces are introduced—
    (1) into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances;
    (2) into the territory, airspace or waters of a foreign nation, while equipped for combat, except for deployments which relate solely to supply, replacement, repair, or training of such forces; or
    (3) in numbers which substantially enlarge United States Armed Forces equipped for combat already located in a foreign nation;

the President shall submit within 48 hours to the Speaker of the House of Representatives and to the President pro tempore of the Senate a report, in writing, setting forth—
    (A) the circumstances necessitating the introduction of United States Armed Forces;
    (B) the constitutional and legislative authority under which such introduction took place; and
    (C) the estimated scope and duration of the hostilities or involvement.


You will notice the semi-colon at the end of each condition (1, 2, 3, A, B) separating it from what is to come after. Condition C has a period at the end denoting the end of the section. Also, I would like for you to notice the

Thus, when our military is introduced into (a), (b), or (c), the President must notify Congress within 48 hours telling them (A), (B), and (C).

quote:

I picked and chose nothing. Thanks for pointing out where you are wrong, he did not violate any war powers act in that clause either.


You most certainly did pick and choose. You read condition 3, ignored the semi-colon, and continued on. You did not put the entire section into perspective, which, not surprisingly, is precisely what I have done on more than one occasion.

quote:

You have not yet shown how the war powers act applies to Uganda or Libya. You have not shown anything of substance, in fact.  You have poorly constructed arguments that are easily disprovable as without foundation.


I have clearly shown where I get my claims. I have cited the sections of the US Code. My only "failure" was in formatting.

quote:

You have been provided proof it does not apply, and that Libya was a Nato treaty event.


And I have clearly shown how it isn't a NATO treaty event.

quote:

Now, you can disagree all you want, but you havent presented a cogent and accurate argument in support of your  fantasy claims.


I have yet to be shown as wrong. Every one of your rebuttals has shown that you are not accurately interpreting the texts.

quote:

Here is, while not a proof, a damning indictment of your position.  With all the neo-cons and teabaggers in the congress, not one impeachment proceeding or lawsuit has went forward.


How, exactly, have you determined there to be "teabaggers" in Congress? Is there a website showing precisely what sexual practices each member engages in? Additionally:

http://www.newser.com/story/115861/gop-lawyer-writes-articles-of-impeachment-for-obama.html

quote:

This either speaks to their ineptitude, their willingness to permit the slow undoing of our constitution, or the fact that you are chasing ghosties.
I cannot concieve of a fourth option, but entertain me.....  


Let me write your fourth option for you. They are lying in wait to use the impeachment process as a stumbling block for Obama's re-election campaign. That would be a completely political reason, but I would not rule that out as a Republican tactic this year (or a Democrat tactic in a Republican-President's re-election year). Sad as that may be, thus is the gamesmanship (or lack thereof) in D.C. from both sides of the aisle.




Musicmystery -> RE: A War That The Press Isn't Talking About. I Wonder Why? (3/24/2012 8:11:31 AM)

Why does the phrase "brings a knife to a gunfight" keep coming to mind?




mnottertail -> RE: A War That The Press Isn't Talking About. I Wonder Why? (3/24/2012 8:11:41 AM)

LOL.  You are almost closing in, I will lead you around to it, as I said it is an agumentem ad fantasy, and you are being treated to a reductio ad absurdum.

(2) into the territory, airspace or waters of a foreign nation, while equipped for combat, except for deployments which relate solely to supply, replacement, repair, or training of such forces  (uh, advisors were sent to train).

SO (1) stands by itself, it is singularly a necessary and sufficient condition, and either (2) OR (3) can apply, and there is no language that would prevent them ALL from applying, except none of them apply in this case.

Next, while you learn to do some research, cuz you are very very far away from an effective argument yet....On what date did Obamas administration send down a document to the congress on this matter (cuz they did).  Just wondering if it was in 48 hours of what the 15th? Oh that was the public announcement and the troops didnt arrive till a couple days later, but as I say, not that this 48 hours thing matters, clearly the statute paragraph has not come into play since ZERO of the 3 conditions have occurred.  

so we got (3) out of the way, (no substantial increase) by any measure....
we now turn our attention to (2) oh, there is that vexing exception....

Hows about you make the case for number (1) now, since the introduction in mid-October, cuz I am sure you have anecdotal evidence that someone caught the clap from a hysterical local whore, necessitating the activation of clause one.

And you clearly showed nothing regarding Nato treaties, Lorebook wiped the screen with you.





mnottertail -> RE: A War That The Press Isn't Talking About. I Wonder Why? (3/24/2012 8:39:09 AM)

50 USC §1543 (a) reads this way:

quote:

Written report; time of submission; circumstances necessitating submission; information reported
In the absence of a declaration of war, in any case in which United States Armed Forces are introduced—

    (1) into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances;  (announced some days before sending advisors there and letter sent, mid-October and you have yet to come up with the imminent involvement in hostilities clearly indicated by the circumstances, since nobody has gotten even a case of the clap there so it does not apply)
    (2) into the territory, airspace or waters of a foreign nation, while equipped for combat, except for deployments which relate solely to supply, replacement, repair, or training of such forces; (advisors sent to advise the troops) a damnable exception but an exception nonetheless.  (the exception at the very least negates this clause.)



       or
      (3) in numbers which substantially enlarge United States Armed Forces equipped for combat already located in a foreign nation; (this clearly does not apply in any way.)

    the President shall submit within 48 hours to the Speaker of the House of Representatives and to the President pro tempore of the Senate a report, in writing, setting forth—

      (A) the circumstances necessitating the introduction of United States Armed Forces;
      (B) the constitutional and legislative authority under which such introduction took place; and
      (C) the estimated scope and duration of the hostilities or involvement.


    (1), (2), (3), having no necessary and sufficient conditions met by this action, do not require a written response wiithin 48 hours detailing (A), (B) and (c).   

    And the NATO treaty thing?  Lorebook wiped you all over the screen on that.  

    The nice way to put it is that your argumentum ad fantasy did not prevail.




    DesideriScuri -> RE: A War That The Press Isn't Talking About. I Wonder Why? (3/24/2012 9:05:25 AM)

    quote:

    ORIGINAL: LoreBook
    quote:

    And, I have also explained why those laws don't apply. No one has rebutted my explanations other than to say that I am wrong.
    First of all, no you haven't. You haven't explained anything along those lines. All you have said on the topic is that
    1. We follow the Constitution first and foremost (Correct, and nothing has been done that in any manner violates anything in the Constitution)
    2. We follow US law (Correct, US laws such as the UN Treaty)
    3. We were not forced to follow the UN resolution (Correct but it has no bearing on the topic and certainly doesn't explain why the UN Treaty doesn't apply)
    4. Claimed that Obama didn't have the required "specific statutory authorization," required in the WPR (He clearly did, there was a valid Security Council Resolution in place, and according to both the Constitution and US law, that qualifies as statutory authorization)


    Yeah, I merely stated my positions without any specific statutory examples. Riiiiiiight. I believe that more accurately describes your posts.

    Perhaps you should real all of my posts instead of just some.

    quote:

    And as far as nobody having rebutted your explanations, perhaps that is because you haven't offered an explanation. Maybe if you did, somebody could rebut it.


    Again, in posts where I've cited specifics, no one has successfully rebutted my claims.

    quote:

    Here is your chance. Please explain exactly why the UN Treaty (a valid US law passed by the body Constitutionally empowered to do so) does not apply to Libya?



    UN Charter

    http://treaties.un.org/doc/Publication/CTC/uncharter-all-lang.pdf

    Preamble:
    quote:

      WE THE PEOPLES OF THE UNITED NATIONS DETERMINED

    • to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind, and
    • to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, and
    • to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained, and
    • to promote social progress and better standards of life in larger freedom,

      AND FOR THESE ENDS

    • to practice tolerance and live together in peace with one another as good neighbors, and
    • to unite our strength to maintain international peace and security, and
    • to ensure, by the acceptance of principles and the institution of methods, that armed force shall not be used, save in the common interest, and
    • to employ international machinery for the promotion of the economic and social advancement of all peoples


        CHAPTER I
      PURPOSES AND PRINCIPLES
        Article 1

    The Purposes of the United Nations are:
      1. To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace;


    Notice the International specification?
    quote:

        Chapter I
        Article 2

    The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in accordance with the following Principles.
      7. Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter VII.


    UN Charter does not authorize intervention of domestic disputes. Who knew, right?
    quote:

        Chapter VII

      ACTION WITH RESPECT TO THREATS TO THE PEACE, BREACHES OF THE PEACE, AND ACTS OF AGGRESSION
        Article 41

    The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the United Nations to apply such measures. These may include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations.
        Article 42

    Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations.


    So, which part of the Charter authorizes the UN to get involved in an intranational coup attempt? Was Article 41 followed (and I admit that it may have been followed without my knowing about it, but it sure seems like the actions in Syria are being treated much differently than they were in Libya. Until Actions in Article 41 have been attempted, Article 42 doesn't come into force anyway.

    So, I have now added concrete evidence as to why the UN Charter does not, in fact, apply in Libya. The same arguments can (and will upon request) be made for Uganda, too. The NATO Treaty does not apply. The actions of President Obama do not follow the War Powers Resolution.





    DesideriScuri -> RE: A War That The Press Isn't Talking About. I Wonder Why? (3/24/2012 9:28:00 AM)

    quote:

    ORIGINAL: mnottertail
    LOL.  You are almost closing in, I will lead you around to it, as I said it is an agumentem ad fantasy, and you are being treated to a reductio ad absurdum.
    (2) into the territory, airspace or waters of a foreign nation, while equipped for combat, except for deployments which relate solely to supply, replacement, repair, or training of such forces  (uh, advisors were sent to train).
    SO (1) stands by itself, it is singularly a necessary and sufficient condition, and either (2) OR (3) can apply, and there is no language that would prevent them ALL from applying, except none of them apply in this case.


    Wrong. The 3 conditions are separate from each other. If 1 stood by itself, there would have been an "and" following the semi-colon at the end of 1. There wasn't/isn't. Thus, only one of the three listed conditions need apply to effect the 48 hour reporting requirement.

    quote:

    Next, while you learn to do some research, cuz you are very very far away from an effective argument yet....On what date did Obamas administration send down a document to the congress on this matter (cuz they did).  Just wondering if it was in 48 hours of what the 15th? Oh that was the public announcement and the troops didnt arrive till a couple days later, but as I say, not that this 48 hours thing matters, clearly the statute paragraph has not come into play since ZERO of the 3 conditions have occurred.


    http://content.usatoday.com/communities/theoval/post/2011/03/obama-formally-notifies-congress-of-libya-action/1#.T23x5jEgfwo
    http://usgovinfo.about.com/od/thepresidentandcabinet/a/Did-Obama-Violate-War-Powers-Resolution.htm

    quote:

    so we got (3) out of the way, (no substantial increase) by any measure....


    0 to anything is substantial.

    quote:

    we now turn our attention to (2) oh, there is that vexing exception....


    Regardless of who the President is calling "advisors," the soldiers sent in are trained and geared for combat. Calling them "Jello® Brand Pudding Pops" does not make them Jello® Brand Pudding Pops.

    quote:

    Hows about you make the case for number (1) now, since the introduction in mid-October, cuz I am sure you have anecdotal evidence that someone caught the clap from a hysterical local whore, necessitating the activation of clause one.


    I would consider - and it could just be me - that launching missiles into a country is hostile. Again, that could just be me.

    quote:

    And you clearly showed nothing regarding Nato treaties, Lorebook wiped the screen with you.


    At no point in time did LoreBook wipe anything with me. Her rebuttals amount to "nuh uh."

    Since we've all passed the age of the average 2nd grader, that type of response just isn't really worth anything.




    LoreBook -> RE: A War That The Press Isn't Talking About. I Wonder Why? (3/24/2012 9:36:49 AM)

    Thank you for finally offering an actual explanation.

    First off a technicality.

    quote:

    Until Actions in Article 41 have been attempted, Article 42 doesn't come into force anyway.

    Article 42 does not require that any of the actions suggested in Article 41 have been tried, its right there in plain English: "Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate". Notice the "or". That means that the actions do not have to have been proved to be inadequate before Article 42 can be called into effect, all that is required is for the SC to consider that they would be inadequate. So we can dispense with this part of your explanation as you have misinterpreted the meaning of the Article in question.

    So, we have a resolution passed by the Security Council which authorizes the action. However, you're questioning the validity of that resolution, based on the Libyan situation being an internal one not involving more than one country. And without doing more reading, you seem to have that part right. But, given your well demonstrated skill for misreading things, and my recollection of the UN having made several similar rulings in the past (Korea, Somalia, & Kosovo, come to mind, but again this isn't something I have double checked), I am going to reserve judgment on that until I get the time to look it up myself.

    But, I maintain that that isn't relevant. Until the resolution is overturned or challenged in some way and ruled to be beyond the scope of the UN's charter, it is valid - much the same way that any law passed by Congress is valid until the Supreme Court rules otherwise. There has been no challenge, there has been no ruling of invalidity, so the resolution is valid, and therefore constitutes the "specific statutory authorization" required in the WPR, and for that reason, the WPR does not apply to Libya.

    The Uganda situation is different, there isn't a UN resolution in effect, as far as I know (again, I'll look it up later), but it is my understanding that Obama did inform Congress that he was sending the troops there. I know I read about it in the news before they actually went there, so its hard to construe that Congress didn't know when the rest of the world knew.

    You see, when you present a cogent argument, you give us something to work with, and you get a more cogent rebuttal.






    mnottertail -> RE: A War That The Press Isn't Talking About. I Wonder Why? (3/24/2012 10:33:19 AM)

    quote:

    ORIGINAL: DesideriScuri

    quote:

    ORIGINAL: mnottertail
    LOL.  You are almost closing in, I will lead you around to it, as I said it is an agumentem ad fantasy, and you are being treated to a reductio ad absurdum.
    (2) into the territory, airspace or waters of a foreign nation, while equipped for combat, except for deployments which relate solely to supply, replacement, repair, or training of such forces  (uh, advisors were sent to train).
    SO (1) stands by itself, it is singularly a necessary and sufficient condition, and either (2) OR (3) can apply, and there is no language that would prevent them ALL from applying, except none of them apply in this case.


    Wrong. The 3 conditions are separate from each other. If 1 stood by itself, there would have been an "and" following the semi-colon at the end of 1. There wasn't/isn't. Thus, only one of the three listed conditions need apply to effect the 48 hour reporting requirement.

    And conjoins.   that would conjoint 1 and two.  I agree they are separate, IF any one of the three is the case; THEN;  the following must be done within 48 hours; ELSE; nothing.

    quote:

    Next, while you learn to do some research, cuz you are very very far away from an effective argument yet....On what date did Obamas administration send down a document to the congress on this matter (cuz they did).  Just wondering if it was in 48 hours of what the 15th? Oh that was the public announcement and the troops didnt arrive till a couple days later, but as I say, not that this 48 hours thing matters, clearly the statute paragraph has not come into play since ZERO of the 3 conditions have occurred.


    http://content.usatoday.com/communities/theoval/post/2011/03/obama-formally-notifies-congress-of-libya-action/1#.T23x5jEgfwo
    http://usgovinfo.about.com/od/thepresidentandcabinet/a/Did-Obama-Violate-War-Powers-Resolution.htm


    Some dickwiggle opinion piece is no credibile anthing.

    quote:

    so we got (3) out of the way, (no substantial increase) by any measure....


    0 to anything is substantial. (words cannot mean what you want them to mean,. Investigate the dictionary).

    quote:

    we now turn our attention to (2) oh, there is that vexing exception....


    Regardless of who the President is calling "advisors," the soldiers sent in are trained and geared for combat. Calling them "Jello® Brand Pudding Pops" does not make them Jello® Brand Pudding Pops. (leave go of the vermiform argument, there is not a soldier in the world of any nation that is not trained and geared for combat).  You can call all dogs trained and geared for combat, but you haven't a leg to stand on, they are fully within the exception. perhaps a dictionary would be useful to determine the multisyllable reasonable man meaning of substantial and except.)  

    quote:

    Hows about you make the case for number (1) now, since the introduction in mid-October, cuz I am sure you have anecdotal evidence that someone caught the clap from a hysterical local whore, necessitating the activation of clause one.


    I would consider - and it could just be me - that launching missiles into a country is hostile. Again, that could just be me.  (we have launched missles into Uganda, stop the presses alert the media)

    quote:

    And you clearly showed nothing regarding Nato treaties, Lorebook wiped the screen with you.


    At no point in time did LoreBook wipe anything with me. Her rebuttals amount to "nuh uh."

    Since we've all passed the age of the average 2nd grader, that type of response just isn't really worth anything.


    I know a guy in wisconsin that could use your legal analytics.   Maybe you can get one teabagger in congress to go your way and get something accomplished, but doubt it. 




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