This week several members of Congress challenged Obama on the legality of the Libya war, given that actions have exceeded the 90 day period during which The White House doesn't need Congressional authority for military action under the War Powers Act.
The White House response: We don't need Congressional approval because this is not technically a hostile action (because we don't have ground troops in Libya).
Tonight the NYT has a major bombshell: Two top lawyers -- Jeh C. Johnson, the Pentagon general counsel, and Caroline D. Krass, acting head of the Justice Department’s Office of Legal Counsel -- told The White House otherwise.
Even Attorney General Eric Holder sided with Krass.
But Rather than heed their advice, he instead went with two lawyers with views more favorable to him: Bob Bauer (who is internal at The White House), and State Department advisor Harold Koh.
No doubt this will only embolden the bi-partisan group of Congressmen who think the war at this point is illegal.