Image via WikipediaKucinich Amendment Tests Congress’ Will to Exercise its Constitutional Authority
Thursday, June 16, 2011 10:00 PMCongressman Dennis Kucinich (D-OH), who has led House opposition to the unauthorized war in Libya and filed a complaint in federal court to challenge the war, will again offer an amendment to the upcoming Defense Appropriations bill to cut off funds for the continuation of the war.
“This Administration brought our nation to war without Congressional approval or the support of the American people. When Congress demanded an explanation, the Administration tried to argue that bombing operations and support of other countries’ military operations in Libya, which cost almost $9.5 million per day, do not constitute war. In a direct challenge to Congress, the Administration is continuing the war despite its inability to provide a constitutional or legal justification for bypassing Congress. Congress must use its constitutional authority of the power of the purse to end this war.
“My amendment will provide the first test whether this Congress will defend its own authority under Article 1, Section 8 of the Constitution,” said Kucinich.
A CBS News poll dated June 8, 2011 found that ‘six in 10 Americans do not think that the United States should be involved in the conflict within that country. Just 30% of Americans think the United States is doing the right thing by taking part in the current military conflict in Libya now. A majority of Republicans, Democrats, and independents alike think the U.S. should not be involved in Libya.’
“The war in Libya lacks Constitutional authority and it lacks the support of the American people. I have filed suit challenging the President’s authority to bring our nation to war absent Congressional approval and I am proposing this amendment to bring our engagement to a swift end,” said Kucinich.
No Caps: Emergency Access to Phone Service is Critical for All
Thursday, June 16, 2011 10:00 PMCongressman Dennis Kucinich (D-OH) sent a letter to Federal Communications Committee (FCC) Chairman Julius Genachowski requesting that access to Lifeline and Link-Up be protected for all Americans regardless of income. Kucinich urged the FCC not to make ‘any reduction in, or impose any limitations on’ the programs that provide vulnerable citizens access to phone services in emergency situations.
“This is a matter of great personal interest to me. When I was growing up, my family moved 21 times and, on occasion, we lived in our car. There were times when we needed telephone service, but did not have it. I know personally how important it is to have access to a telephone, and what the results are when a family does not have it. I don’t want any family to be in that situation,” wrote Kucinich. “The Lifeline and Link-Up programs were supposed to prevent that situation from occurring.”
Implemented in 1984, the programs have over the past few years, due to the economic crisis, seen an increase in demand and enrollees. As a result, the cost of the program has increased.
“This is not a bad result – it is a good result. More people who need the benefits of the program are taking advantage of them. And the entire cost of the programs is paid by fees charged to the companies that provide wireless service,” wrote Kucinich.
The full text of the letter follows:
June 15, 2011
The Honorable Julius Genachowski
Chairman
Federal Communications Commission
445 12th Street, SW
Washington, DC 20554
Re: Lifeline and Link-Up
Dear Chairman Genachowski:
I am writing to express my concern over the possibility that the FCC will make any reduction in, or impose any limitations upon, the Lifeline and Link-Up programs. Congress created these programs in 1984 to ensure that all Americans had access to telephone service, regardless of their abilities to afford it. Among other benefits, these programs make it possible for the elderly to make contact with emergency medical service, for the homeless to communicate with agencies that provide them assistance, and for the unemployed to receive calls from potential employers. These programs truly provide a “lifeline” for our most disadvantaged citizens, who have greatly increased in number during the severe recession we are experiencing.
This is a matter of great personal interest to me. When I was growing up, my family moved 21 times and, on occasion, we lived in our car. There were times when we needed telephone service, but did not have it. I know personally how important it is to have access to a telephone, and what the results are when a family does not have it. I don’t want any family to be in that situation.
The Lifeline and Link-Up programs were supposed to prevent that situation from occurring. During the first two decades of those programs, the biggest problem was that the two programs were underutilized, and only a third of those who were eligible actually signed up. In the last few years, two factors have increased participation. First, we are experiencing the greatest economic downturn since the Great Depression, and millions of additional people are living below the poverty level. Second, the cost of cell phone service has fallen, and the benefits provided by Lifeline and Link-Up have made cell phones affordable to many more people.
The increase in participation has, understandably, increased the cost of the programs. This is not a bad result—it is a good result. More people who need the benefits of the programs are taking advantage of them. And the entire cost of the programs is paid by fees charged to the companies that provide wireless service.
We should not be talking about putting a “cap” on the cost of the programs. We should be talking about how we can increase participation so that everyone who qualifies for the benefits enjoys those benefits.
And we should not be talking about limiting the benefits to “one-per-address” during a severe recession in which separate households have been combined because of financial necessity resulting from foreclosures or inabilities to pay the rent. There is no evidence of fraud or abuse of the programs that has been publicly released. If there is fraud or abuse of the program, it should be dealt with appropriately, but not by an arbitrary “one-per-address” restriction, when the mandate from Congress is “to make telecommunications service available to all Americans.” FCC 97-157, par. 330.
Sincerely,
Dennis J. Kucinich
Member of Congress
Cc: Michael J. Copps, Commissioner
Robert M. McDowell, Commissioner
Mignon Clyburn, Commissioner
Meredith Attwell Baker, Commissioner
10 Members of Congress Sue President Obama over Illegal Libya War
Tuesday, June 14, 2011 10:00 PM
Congressmen Dennis Kucinich (D-OH) and Walter Jones (R-NC) today led a bipartisan group of 10 Members of Congress to file a suit in federal court against President Barack Obama to challenge the commitment of the United States to war in Libya absent the required constitutional legal authority.
See a copy of the complaint here.
The lawsuit is signed by Representatives Dennis Kucinich (D-OH), Walter Jones (R-NC), Howard Coble (R-NC), John Duncan (R-TN), Roscoe Bartlett (R-MD), John Conyers (D-MI) Ron Paul (R-TX), Michael Capuano (D-MA), Tim Johnson (R-IL) and Dan Burton (R-IN).
The questions raised in the lawsuit will be critical to challenge the executive branch’s circumvention of Congress and its use of international organizations such as the United Nations and the North Atlantic Treaty Organization to authorize the use of military force abroad, in violation of the Constitution.
“With regard to the war in Libya, we believe that the law was violated. We have asked the courts to move to protect the American people from the results of these illegal policies,” said Kucinich.
The lawsuit calls for injunctive and declaratory relief to protect the plaintiffs and the country from the (1) policy that a president may unilaterally go to war in Libya and other countries without a declaration of war from Congress, as required by Article I, Section 8, Clause 11 of the United States Constitution; (2) the policy that a president may commit the United States to a war under the authority of the North Atlantic Treaty Organization (NATO) in violation of the express conditions of the North Atlantic Treaty ratified by Congress; (3) the policy that a president may commit the United States to a war under the authority of the United Nations without authorization from Congress; (4) from the use of previously appropriated funds by Congress for an unconstitutional and unauthorized war in Libya or other countries; and (5) from the violation of the War Powers Resolution as a result of the Obama Administration’s established policy that the President does not require congressional authorization for the use of military force in wars like the one in Libya.
Kucinich Calls Upon ICC, UN to Examine NATO Attacks Resulting in Civilian Casualties
Monday, June 13, 2011 10:00 PMCongressman Dennis Kucinich (D-OH) today wrote to Prosecutor of the International Criminal Court, Luis Moreno-Ocampo, and Secretary General of the United Nations, Ban Ki-moon, urging the United Nations and the Court to examine NATO’s expanded use of drone bombers, which have had a civilian casualty rate as high as 32% according to the New America Foundation.
“NATO has taken actions in Afghanistan not sanctioned by the U.N. and in Libya pursuant to a U.N. mandate which raise serious questions about military operations in those countries and the lack of accountability for the loss of civilian life.
“It is imperative that NATO and its commanders are held directly accountable under international criminal statutes for actions which place the lives of innocent civilians at risk. The United Nations has an obligation under international law to ensure that military operations it has authorized are conducted in accordance with such laws. NATO has repeatedly and wantonly neglected to follow the law. The United Nations, if it is to continue to be a credible interlocutor among nations, has no choice but to conduct an independent investigation of actions taken by NATO and to pursue prosecution where warranted,” wrote Kucinich in the letter.
See a signed copy of the letter here.
Kucinich to Secretary Clinton: Africa is Not an Imperial Holding of the United StatesSunday, June 12, 2011 10:00 PMCongressman Dennis Kucinich, author of a blueprint for self-determination and peace in Libya, today responded to reports, such as those in The New York Times, that Secretary of State Hilary Clinton urged African leaders to isolate the Gaddafi regime and to work with the Libyan rebels.
“There is a difference between diplomacy and threats. Africa is not an imperial holding of the United States; Africa should be left to make its own decisions about its dealings with Libya without undue pressure from the United States. Such heavy-handed pressure from the Secretary of State appears to be in response to efforts by the African Union to facilitate a peace deal to end the war in Libya.
“The United States’ strategic and diplomatic interests would be best advanced by finding a peaceful solution to the conflict in Libya, not by threatening legitimate peace-seeking efforts,” said Kucinich.
See Rep. Kucinich Blueprint for Self-Determination and Peace in Libya here.
Kucinich Speaks Out About Assassination Attempts on Gaddafi, Contacts UN and ICC Asks for Enforcement of International LawFriday, June 10, 2011 10:00 PMCongressman Dennis Kucinich (D-OH) today released the following statement and sent the attached letter to the United Nations (U.N.) and the International Criminal Court (ICC) following reports that NATO believes Gaddafi is a legitimate target in Libya:
See Kucinich’s letter to the U.N. and the ICC requesting that steps be taken to address the assassination attempts on Gaddafi and other violations of U.N. mandate here.
“Just as the President has written himself a blank check to go to war in Libya without approval from Congress, the North Atlantic Treaty Organization (NATO) is using U.N. Security Council Resolution (UNSCR) 1973 as a blank check to cover mission creep, which now includes a policy of outright assassination.
“CNN has now reported that a senior NATO official claims that Libyan President Muammar Gaddafi is a legitimate target under UNSCR 1973, which authorized the establishment of a no-fly zone in Libya under the guise of protecting Libyan civilians.
“Now that the conflict in Libya is dragging on, and support for the war continues to wane, NATO is getting desperate to break the stalemate they have entrenched. The true intent of NATO was finally revealed when we learned that Gaddafi would be a military target. The escalation of the conflict, the calls for regime change and now the unabashed targeting of Gaddafi comprise the mission creep that has come to be expected after a war is initially sold as quick, bloodless, and surgical. NATO’s recent announcement of a 90-day extension to the war in Libya and the deployment of apache attack helicopters by the United Kingdom and France constitutes a further escalation of the NATO campaign.
“The President was correct when he said of the war in Libya, ‘broadening our military mission to include regime change would be a mistake.’ NATO must be held accountable for any actions that violate UNSCR 1973 and international law.”
See the letter here.
Kucinich Highlights Growing Opposition to War and Financial Boon to War Profiteers
Thursday, June 09, 2011 10:00 PMCongressman Dennis Kucinich (D-OH), who has led bipartisan opposition to the war in Libya, today continued to rally support for Members of Congress to cut off funds for the war. In a letter to Colleagues, Kucinich pointed to a CBS news poll that showed that 60% of Americans do not think the United States should be involved in the conflict in Libya and a Time Magazine article that demonstrates the potential value of the Libyan war for western companies. Kucinich urged Members to support an amendment he will offer to the upcoming Defense appropriations bill that would prohibit funds from being used to continue the war.
End the War in Libya
Dear Colleague,
When the Defense appropriations bill is considered, I will offer an amendment to defund the war in Libya. Last week, the House of Representatives finally asserted its Constitutional authority over the war power. It also marked a growing opposition to the war that is independent of the Constitutional and legal issues; 148 bipartisan Members voted for withdrawal in 15 days. Since that vote, even more evidence that the war in Libya cannot be justified has continued to emerge.
A CBS News poll dated June 8, 2011 found that “six in 10 Americans do not think that the United States should be involved in the conflict within that country. Just 30% of Americans think the United States is doing the right thing by taking part in the current military conflict in Libya now. A majority of Republicans, Democrats, and independents alike think the U.S. should not be involved in Libya.”
I have also attached an article from Time Magazine which highlights the financial boon to western companies in the post-Gaddafi era. A broad range of multinational corporations stands to profit handsomely at the expense of the people of Libya thanks to this war. Using the Trojan horse of assistance with rebuilding and reconstruction - even though Libya has “mammoth energy reserves capable of financing a postwar development program strong enough to serve as a growth engine for the region” - international banking interests could force the TNC to sign onto one-sided agreements and privatization. The US endorses that legacy by continuing the war.
End the war in Libya. Please vote to defund it.
Sincerely,
/s
Dennis J. Kucinich
Member of Congress
Thursday, Jun. 09, 2011
The Post-Gaddafi Boom: In Libya, Foreign Bankers See a Coming Bonanza
By Vivienne Walt / Lisbon
Muammar Gaddafi remains hunkered down in Tripoli, ever defiant despite the heaviest bombing of NATO's three-month campaign. But outside Libya, the talk has moved on from war to the business opportunities offered by a post-Gaddafi Libya.
It's hard to envision a booming Libyan economy with the country's communication infrastructure shattered by bombs and its oil fields abandoned and idle. Yet economists and investors say that as an intensifying NATO campaign brings Gaddafi's 42-year rule closer to its end, a bright future lies ahead — with Libya's mammoth energy reserves capable of financing a postwar development program strong enough to serve as a growth engine for the region. "Libya has $250 billion in foreign-exchange reserves, and it can just keep on tapping into foreign currency because of its oil sales," says Jacob Kolster, North Africa director for the African Development Bank. "The potential is huge."
Gaddafi's Libya is hardly poor, with few of the problems that beset neighboring Egypt, where about 40% of people live on about $2.50 or less a day. The average Libyan household income is more than $14,000 a year, according to U.N. statistics, and the literacy rate is about 86%.
Assuming that Libyans can find an inclusive political consensus that minimizes the risk of an Iraq-style insurgency after Gaddafi goes, Libya's natural wealth and educated population positions it for a massive boom — if peace, stability and a business-friendly government can be established, all of which are big ifs. The country retains considerable sovereign wealth, even if much of it is currently frozen abroad at the moment. And international energy companies that have suspended their Libya operations as a result of the conflict plan to return as soon as sufficient security has been restored to begin pumping oil again.
Even the war damage could, ironically, drive economic growth through the massive investment that will be needed to replace bombed-out communications infrastructure, airports and buildings. "We will need to build virtually anew the entire modern infrastructure," Kolster told TIME in Lisbon, where hundreds of investors and bankers are gathered this week for the African Development Bank's annual meetings. Libya is one of the 53 African members of the bank, which is headquartered in Tunis, and manages about $67 billion in capital.
The investment stakes in Libya, say the African bankers who are meeting in Lisbon — where neither the regime nor the rebels have sent representatives — are not focused on the country's energy contracts, most of which are already accounted for. Instead, the opportunities lie in developing other potential industries. There is no tourist development along Libya's hundreds of miles of pristine Mediterranean coastline, a short hop from Europe. And thousands of square miles of arable land lie relatively undeveloped.
Libya itself already holds major investments throughout Africa, including a chain of luxury hotels owned by Gaddafi's regime in Mali, Sudan and elsewhere. Gaddafi's successor will be pressed by the banking community to privatize those hotels, perhaps selling them to foreign partners. "There's a drastic reshuffling of the decks," says Papa Madiaw Ndiaye, CEO of Advanced Finance & Investment Group, a private-equity company in Dakar, Senegal, which invests in projects across Africa. "It's a chance for new people to get into these countries and bring in a whole new energy."
Find this article at:
http://www.time.com/time/world/article/0,8599,2076467,00.html
##Kucinich to President: Protect Libyan Assets, End WarWednesday, June 08, 2011 10:00 PMCongressman Dennis Kucinich, who has led Congressional efforts questioning the Constitutionality and the wisdom of the war against Libya, today appealed directly to President Obama to safeguard Libyan assets during this time of conflict. Kucinich also transmitted to the President a draft of a plan to bring the Libyan conflict to an end. The plan was modeled after the African Union's earlier efforts and crafted by Kucinich with help from members of the diplomatic community.
See a sign copy of the letter here. Kucinich’s Blueprint for Self-Determination and Peace in Libya is here. The full text of the letter follows:
June 9, 2011
The Honorable Barack Obama
President of the United States
The White House
Washington, D.C. 20500
Dear Mr. President:
We share a desire to end the war in Libya as soon as possible and to give the people of Libya a chance to work toward self-determination. However I continue to be concerned that this administration is taking actions contrary to these objectives.
The Libyan people have a right to economic self-determination. A significant portion of the country’s income is generated by oil production. If U.S. military intervention in Libya continues to facilitate the direction of revenues from oil production to any entity, it is denying the right of the Libyan people to determine the recipient of the proceeds of the oil production. The Libyan people could very well exercise their right to direct the revenue toward rebuilding the country after the end of the civil war the U.S. is helping to prolong. The administration must not decide the end recipient and use of the oil proceeds; the Libyan people should.
The same is true of the frozen Libyan assets. The members of the Libyan contact group, which includes the Libyan Transitional National Council (TNC), are meeting today in Abu Dhabi to discuss how to legally release assets frozen belonging to the existing Libyan government to the TNC. Attempting to redistribute frozen assets for the purpose of funding the TNC will only serve to prolong the civil war the U.S. has now inserted itself in.
By continuing to choose sides in the war rather than working as a fair broker trying to end it, the administration is perpetuating the war, thereby failing the stated mission to protect Libyan civilians. This approach also undermines the prospects for a peaceful negotiated settlement. As the goal of removing Gaddafi becomes more important than purported goal of protecting civilians in Libya, an immediate ceasefire that facilitates a negotiated settlement is now more critical than ever.
In order to be of assistance to you and the Administration in helping to bring about a peaceful settlement in Libya, I am enclosing a plan which I developed through conversations in the diplomatic community. I hope that you will find it of use.
Finally, I ask that you order the safe keeping and protection of all Libyan assets, including those frozen by the U.S., until such time that the conflict in Libya is over and the country is once again reunited.
Sincerely,
Dennis J. Kucinich
Member of Congress
Kucinich Announces Blueprint for Libyan Peace Plan
Monday, June 06, 2011 10:00 PMCongressman Dennis Kucinich, whose pivotal involvement in the House of Representatives has resulted in bi-partisan efforts to impose Constitutional restraints upon the President’s exercise of war power in Libya, today put forth an 11 point plan for peace with the intention of beginning a discussion among the diplomatic community and interested parties. The plan, a result of more than a month of consultations, would provide the principles for a blueprint that includes an immediate cease-fire and transition to a stable, democratic Libya.
See the Kucinich Plan here.
“A stalled conflict in Libya does not serve our strategic national interest,” said Kucinich. “Given the uncertainty, instability, the continued threat to civilians, the inability for rebels to continue their rebellion without the support of NATO, the fact that the rebels have exhausted their financial resources and the fact that the Gaddafi government seems to still be standing despite the tremendous military onslaught, it is time for a renewed effort to bring about a peace agreement.
“It is in the interests of all the people of Libya and the international community to see a peace agreement developed which will constitute a blueprint for political and economic reform which upholds the basic rights of all Libyans.”
Key Components of the Kucinich plan:
- An immediate cease-fire
- Unfettered humanitarian access
- Political dialogue and compliance with United Nations Security Council Resolutions
- Reparations
- Political reform
“This plan, derived in part from the African Union’s early efforts to craft a peace plan, puts forth the principles necessary to create a framework for serious discussions that would lead toward a peace agreement that comes from a determination to achieve reconciliation and national unity in Libya through a meaningful process not through domination and subjugation.
“After consultation with various parties to the crisis, I am bringing forth this plan and sending it to the diplomatic community as well as representatives from the member nations of the Security Council of the United Nations and our NATO partners,” said Kucinich.
Kucinich said he is hopeful to receive responses before Congress returns from recess.
# # #Kucinich to Colleagues:
We Must Defend the Constitution of the United StatesWednesday, June 01, 2011 10:00 PMWashington D.C. (June 2, 2011) – As Congress sits poised to consider H. Con. Res. 51, Congressman Dennis Kucinich’s (D-OH) bill to end the war in Libya, Kucinich today sent the following letter to Members of Congress:
Dear Colleague:
Yesterday, NATO announced it would continue combat operations in Libya for at least another 90 days. NATO. The President went to NATO on Libya, not the U.S. Congress, as the Constitution requires. The U.S. has thus far provided 93% of the cruise missiles, 66% of the personnel, 50% of the ships and 50% of the planes at an estimated cost of up to $700 million and now NATO says the war will go another 90 days. Since when does NATO trump the Constitution of the United States? It is time, in the name of the people of the United States, that Congress insist that the President obey the Constitution and the statutes concerning war powers.
Last week, I introduced H.Con.Res.51, a bipartisan resolution that disapproves of U.S. military operations in Libya and requires the President to withdraw U.S. Armed Forces from participation in the North Atlantic Treaty Organization (NATO) mission in the country within 15 days after passage. I support my colleague Rep. Turner’s resolution which disapproves of U.S. military operations in Libya because I believe that it is the minimum that Congress must do to challenge the unconstitutional war in Libya. Yet as the war in Libya surpasses the 60 day mark with no end in sight, it is clear that Congress must do more than just express its disapproval.
Article 1, Section 8 provides only Congress with the ability to declare war or authorize the use of military force. The War Powers Act allows a narrow exemption from the Constitutional requirement by allowing the President to take the U.S. to war without Congressional approval in the face of an “a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.” We have now been involved in a war on Libya for over 72 days with no constitutionally required authorization for the use of military force or declaration of war.
The President recently submitted a letter to Congress about the war in Libya arguing that he was not required to come to Congress for authorization because the war is not really a war. Really.
While we may not all agree on the merits of military intervention in Libya, we can all agree that Congress must have the opportunity to have a full and ample debate on the commitment of U.S. Armed Forces to a war abroad. This institution cannot stand by idly as a war of choice with significant ramifications for our national and economic security is waged without Congress fulfilling its responsibilities under the Constitution. We must defend the Constitution of the United States.
Sincerely,
/s/
Dennis J. Kucinich
Member of Congress
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