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US lawmakers file suit against Barack Obama over Libya US lawmakers file suit against Barack Obama over Libya
(about 1 hour later)
A bipartisan group of US lawmakers has filed a lawsuit against President Barack Obama in federal court for taking military action in Libya without authorisation from Congress. A bipartisan group of US lawmakers have sued President Barack Obama for taking military action in Libya without authorisation from Congress.
Ten members of the House of Representatives signed the lawsuit, saying Mr Obama violated the constitution in bypassing Congress. In the federal lawsuit, 10 congressmen alleged that Mr Obama violated the US constitution in bypassing Congress.
The War Powers Resolution, passed after US withdrew from the Vietnam War, rules that involvement in combat operations unauthorised by Congress must be terminated after 60 days. A href="http://avalon.law.yale.edu/20th_century/warpower.asp" >Vietnam War-era law states Congress must authorise participation in hostilities longer than 60 days.
The suit, which also targets Defence Secretary Robert Gates, challenges "policy that any president can take the US to war unilaterally", Democratic lawmaker Dennis Kucinich said. The White House has sent a report to Congress arguing that the US role in Libya does not need extra approval.
'Illegal policies'
The lawsuit, which also targets Defence Secretary Robert Gates, challenges the policy "that any president can take the US to war unilaterally", Democratic Congressman Dennis Kucinich of Ohio said.
"We have asked the courts to move to protect the American people from the results of these illegal policies," he added."We have asked the courts to move to protect the American people from the results of these illegal policies," he added.
Some of the plaintiffs in the suit also include Democratic Representatives John Conyers and Michael Capuano and Republicans Walter Jones, Howard Coble and Ron Paul. Other plaintiffs include Democratic Representatives John Conyers and Michael Capuano and Republicans Walter Jones, Howard Coble and Ron Paul - who is seeking the Republican presidential nomination for 2012.
The politicians have said they want President Obama to explain whether he intends to follow the War Powers Act and ask for Congressional approval for continued action in Libya. The congressmen said they wanted Mr Obama to explain whether he intends to follow the War Powers Resolution, as the 1973 law is known, and ask for congressional approval for continued action in Libya.
The War Powers Resolution rules that involvement in combat operations unauthorised by Congress must be terminated after 60 days and troops must be withdrawn after 90 days. Sunday marks the 90-day deadline. Under the US constitution, the power to declare war lies with Congress.
Last month, White House lawyers were said to be looking at ways US action in Libya can continue without contravening the resolution. If the president orders the US military into a conflict absent a declaration of war, the War Powers Resolution requires him to seek authorisation from Congress within 60 days or to end US involvement in the conflict.
The law allows the president to extend the period before going to congress for another 30 days.
'Supporting role'
Sunday marks 90 days since the US joined the Nato-led no-fly zone mission over Libya.
In its 30-page report, the White House says that US involvement in the Libya campaign does not require Congress's approval because the US military is only playing a supporting role.
The main US focus is on helping Nato aircraft with refuelling aircraft and assisting with intelligence-gathering, the White House says, and the US is not engaged in sustained fighting.
"We believe that the support for the overall mission, the support for the goal of protecting Libyan civilians and holding Col Gaddafi accountable, will continue," White House spokesman Jay Carney told reporters on Wednesday.
"It is support that we've had from Congress in the past and we expect it to continue, because now is not the time to send mixed messages as we've had the success that we've had in that mission."
Mr Carney also reiterated the US would not send ground troops into Libya.