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by JB Williams, ©2011

Rep. Dennis Kucinich was mayor of Cleveland before becoming a congressman from Ohio's Tenth District. He drafted Articles of Impeachment against President George W. Bush and Vice President Richard Cheney

(Mar. 23, 2011) — Congressional leftists like Dennis Kucinich and Maxine Waters have falsely claimed that every war since WWII was an “illegal war.” So when they accuse their leader Barack Obama of single-handedly initiating an illegal war on Libya, it is like the boy who cried wolf too often.

But in this case, the always anti-war left has it exactly right, proving that even the nutty left will get one right sooner or later. Like predicting rain, sooner or later it will rain and leftists finally find themselves in a flood.

Hours after US tomahawk missiles rained down on Libya, I explained in detail how Barack Obama had just become a war criminal. Twenty-four hours later, anti-war Democrats were out in force accusing Obama of launching an illegal war and they were right this time.

I also asked where congressional Republicans were on the matter and now we know. Senators McCain and Graham (a JAG lawyer) are right where we have become accustomed to finding them, on the wrong side of the law, the constitution and the nation, running cover for their buddy Barack.

I accused Obama of being a traitor, a stooge of the United Nations rather than a US Commander-in-Chief, and – “one who betrays another’s trust or is false to an obligation or duty” – but not a single congressional Republican seems to agree.

Instead of focusing on the fact that Barack Obama had just broken his oath of office, the War Powers Act and acted way beyond his constitutional authority at the command of the United Nations alone, Republicans seem only concerned with helping Obama put that genie back in the bottle after the fact.

A US president has authority to use military force only under the following conditions, none of which exist in the case of Libya, from Section II – C of the War Powers Act.

(1) a declaration of war, (which only Congress can declare)

(2) specific statutory authorization, (as Bush received for both Afghanistan and Iraq)

(3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces. (As Reagan used in the 1986 bombing of Libya)

Senator Obama knew this in 2007, which means that Obama knowingly and willfully broke the law in 2011.

The War Powers Act is entirely clear –

Section III – “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.”

Despite the fact that Libya presented no threat to the United States, had not in any way attacked or provoked the United States or its allies, Obama decided to act alone without congressional authority.

Democrat Dennis Kucinich correctly states that a visit with Congress now cannot put that genie back in the bottle. Obama’s illegal actions cannot be remedied by consulting Congress today.

However, congress can become complicit in Obama’s illegal action by sanctioning those actions after the crime has already been committed. Congressional approval after the fact — would be akin to hiding the bank robber after the robbery. Every member of congress would become an accomplice to the crime.

Joint Chiefs in Deep Water

The US Military is obligated to follow all “legal” orders of the Commander-in-Chief, but what about “illegal” or unlawful orders? The Nuremberg trials provide foundation…

“It’s clear, under military law, that military members can be held accountable for crimes committed under the guise of “obeying orders,” and there is no requirement to obey orders which are unlawful.” – US Military Law

However, as LTC Terry Lakin recently learned the hard way, there are some complicating interpretations concerning “illegal orders” within the UCMJ (Uniform Code of Military Justice).

The UCMJ has recently argued the following, including in the case that landed LTC Lakin in a military prison – “A military member disobeys such orders at his/her own peril. Ultimately, it’s not whether or not the military member thinks the order is illegal or unlawful; it’s whether military superiors (and courts) think the order was illegal or unlawful.” – US Military Law

On the authority of the Commander-in-Chief and at the direction of Sec. of Defense Gates, the Joint Chiefs of Staff represents the “military superiors” and as such, it is the Joint Chiefs who must decline to follow orders that they suspect of being unlawful.

Are the Joint Chiefs familiar with the US Constitution and the fact that a president cannot use military force without prior authorization from congress, except in an instance when the USA is under direct attack?

Are the Joint Chiefs familiar with the War Powers Act of 1973?

Admiral Michael Mullen is Chairman of the Joint Chiefs of Staff, which is the highest-ranking position in the U.S. military. Why did he not question Obama's order to launch missiles into Libya?

We must assume that they are, for the alternative is simply unthinkable. As a result, the Joint Chiefs have knowingly and willingly obeyed orders that they knew to be unlawful, in the case of the ongoing US military assault on Libya.

This means that both Barack Obama and the Joint Chiefs, along with the head of DOD Gates and Secretary of State Clinton, ALL conspired to violate the US Constitution and the War Powers Act in their decision to “go it alone” in Libya without the knowledge and consent of Congress.

There is no way to put that genie back in the bottle. Congress can only make itself complicit in these illegal and unconstitutional acts by sanctioning those acts after the fact.

Every US soldier currently attacking Libya is doing so on the basis of unlawful orders and as the UCMJ has established since 2004, many a good soldier has been court-martialed and jailed for following orders later deemed by the UCMJ to be “unlawful.”

LTC Lakin sits in a military prison today because he refused to follow what he believed to be unlawful orders. But SGT Larry Hutchins sits in a military prison for the second time now, for following orders later declared unlawful, by the same command that issued the orders.

Republican House Rep. Col. Allen West was court-martialed for following orders in combat. Nobody knows the shameful situation our soldiers serve under today better than West, yet where is West’s call for action against the people who have placed American soldiers in harm’s way under unlawful orders?

Republicans seem only concerned with covering Obama’s illegal acts, but in reality, they cannot cover Obama, Clinton and Gates on this one.

We are a constitutional nation of laws or we are a lawless nation headed for third world banana republic status in a rush. Which is it? Congress will soon answer this question.

Will they hold Obama, Clinton and Gates accountable for this illegal war? Or will they simply act swiftly to sweep it all under the carpet?

The Constitution and rule of law hang in the balance. How odd that it is lefty loon Dennis Kucinich who has this one right. Where are all those “constitutionalists” we elected last November?

All that is necessary for evil to prevail is for good men to do nothing!

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  1. Congress, our judiciary, and the Joint Chiefs of Staff are all complicit in supporting and defending Obama’s fraudulent election and sedition. None of them support and defend our Constitution, which as a result is now nothing more than a piece of litter along the path of history.

    The people in power have made their choice: they have chosen cowardly convenience and expediency over truth and constitutional principle. The whole U.S. government is therefore a criminal enterprise, and the socialist/communist coup d’etat of 2008 is still in place.

  2. I’m in hopes that Mr. Trump will run, as he has already said his thoughts about the imposter in chief. He has my vote.

  3. Well I see the leader that We the People need is staring back at us when We
    look in the mirror.Americans have been programmed (for decades)to believe that what they need is a shining organization or a knight on a white horse to come riding in and save the day,not so,in my opinion.I validate this by saying
    almost every organization is founded by a few ,well meaning individuals,who’s
    cause is just and many like minded individuals jump on the bandwagon.When the organization gets large enough,in creeps some artful dodgers with the power of money and influence and hijack this organization to follow their hidden agenda.I suggest any organization can be corrupted but corrupting a
    critical thinking American Citizen is next to impossible.The challenge here is to make EVERY American Citizen realize that their fates and those who follow them,must stand up,and let their voices be heard,otherwise,all the facts reported by Sharon Rondeau,Walter Fitzpatrick,Terry Lakin.Theresa Cao and a
    multitude of others,becomes so much wasted effort.Citizens,this country is yours,If America is too survive,it is up to each and everyone of us to do Our
    part.Make some noise !

  4. This is the predictable result of having an impostor in the office of president. I predict that we have not seen the last of the Constitutional outrages which this Marxist outlaw has in store for us unless we find a way to end the mayhem. The Constitution is meaningless to this criminal.

    The failure of Congress, the Judiciary, and the Joint Chiefs to deal with the situation of a fraudulent president before now is a tragic failure of the carefully constructed and perfectly balanced system of government put in place by the Founders, and the most serious case of dereliction of duty which has ever occurred in this nation.

    My worst fears are being realized, and then some. Strong action is desperately needed to save the nation, but we need a leader.

    Could Mr. Trump be that leader?