President Trump’s Foreign Policy Claims Are Often Bizarre, But It’s Not the First Time We’ve Seen That

The foreign policy follies (and worse) of Donald Trump are so bad, it sometimes makes us forget bizarre positions that prior administrations have taken.  For example, in 2011, when the United States was involved in the bombing of Libya (because, inter alia, Moammar Gaddafi was threatening to massacre Libyan civilians), the question of the War Powers Act arose.  The War Powers Act was passed over President Nixon’s veto in 1973.  It provided that presidents are to get Congress’s approval or authorization within 60 days¹ after they send troops into hostilities.

The Obama administration, however, did not want to seek Congressional approval of our operations in Libya.  But it also did not want to say, as other presidents have said, that the War Powers Act was an unconstitutional limit on the President’s power.² So, the State Department legal advisor, a politically appointed position, came up with the theory that the War Powers Act did not apply to the bombing of Libya because we were not engaged in “hostilities” since the other side could not effectively shoot back at us.  (See here and here,)

Think about that statement: “We’re shooting at the other side, but we’re not involved in ‘hostilities’ because the other side can’t shoot back at us.”  While it sounds like one of President Trump’s tweets, it was actually the legal opinion of the Obama administration State Department.

In other words, it is worth remembering that, while President Trump’s reasoning and positions in foreign policy are often bizarre, it is not the first time we have seen it.
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¹ The period can be extended by 30 days in some cases.
² Other presidents, however, while saying the War Power Act was unconstitutional, generally complied with its provisions.