The disclosure over the weekend that President Barack Obama rejected the advice of senior Justice Department legal advisers — including Attorney General Eric Holder — has drawn sharp congressional criticism in recent days, ranging from House Speaker John Boehner to liberal Democrats such as Rep. Jerrold Nadler of New York.http://www.msnbc.msn.com/id/43474045/ns/politics-white_house
It is also provoking debate among legal scholars, some of whom told NBC News that they were unaware of any recent precedent for the way the White House reached its legal conclusions about Libya. One top former legal adviser to Obama, Dawn Johnsen, called the accounts of the White House's handling of the matter "disturbing."
"There may be a precedent for this, but I can't think of one," said Robert Chesney, a University of Texas law professor who specializes in national security law. "This is not the way the process is supposed to work."
For decades, Chesney and other legal scholars said, legal and constitutional questions within the government have been resolved by the Justice Department's Office of Legal Counsel (OLC). Just last year, a six-page Justice Department memo described OLC's mission as providing "controlling advice" to executive branch officials on questions of law.
The memo spelled out how the office's decisions were supposed to be reached: After receiving input from agencies throughout the government, OLC lawyers would provide "principled" legal analysis to executive branch officials, not opinions "designed merely to advance the policy preferences of the president or other officials."
Obama, the self styled Constitutional law expert, is violating the Constitution, federal law and his own administration's guidelines to justify an illegal war without Congressional authorization in Libya.
Who's shredding the Constitution now?