State Department Legal Adviser Harold Koh went before the Senate yesterday to defend the administration's use of military force in Libya without congressional authorization.
Koh's interpretation of the War Powers Act allowed the U.S. to continue military operations in Libya absent congressional authorization. President Obama accepted Koh's interpretation over the advice of Attorney General Eric Holder, Pentagon General Counsel Jeh Johnson, and the Office of Legal Counsel. While the president is not obligated to follow the OLC's advice, in practice the president rarely disregards it.