Craig McMurtrie reported this story on Thursday, June 16, 2011 12:26:00

ELEANOR HALL: Ten US congressmen, Republican and Democrat, are suing Barack Obama arguing that he exceeded his powers in authorising the operation in Libya.



They filed their lawsuit in the Federal Court and told reporters that they want to correct a power imbalance in Washington over who has the right to send Americans to war.



The Republican speaker is also warning the White House that it's fast running up against a 90 day deadline to win congressional approval or withdraw US forces.



In Washington correspondent Craig McMurtrie reports.



CRAIG MCMURTRIE: Meet House of Representatives member, Democrat Dennis Kucinich from Ohio.



DENNIS KUCINICH: They spent $750 million on this war in Libya and what's that. We tell the people of the United States that that is not a war. We can't mince words here. You know, if it looks like a war it's a war.



CRAIG MCMURTRIE: He's one of 10 congressmen - four Democrats and six Republicans - suing Barack Obama, asking a Federal Court judge to rule that the mission in Libya is illegal and must stop.



DENNIS KUCINICH: And to say that just because we don't have boots on the ground it's not a war, huh? I mean there is bombing that has occurred, we have had planes over there. We've got ships off shore that have been, that launched attacks. You cannot claim, you can't claim that this isn't a war.



CRAIG MCMURTRIE: Republican speaker John Boehner has sent a warning letter to the White House about the approach of a 90 day deadline under the War Powers Resolution for the president to seek congressional approval or withdraw US forces supporting the NATO mission.



Some Republicans are talking about cutting off funding.



Veteran senator Joe Lieberman says the White House has only itself to blame.



JOE LIEBERMAN: I don't think that the White House has done a good enough job at explaining why we're there and I think that is critically important now as there is an uprising to actually cut funding off.



CRAIG MCMURTRIE: In a letter to Congress the president says US support for NATO in Libya amounts to intelligence, logistics, search and rescue, aircraft support for the no-fly zone and drone strikes.



The White House has also sent a 32 page report to Capitol Hill laying out the legal basis for the mission. Officials say there are no US troops on the ground and no sustained fighting and the president isn't exceeding his authority.



White House spokesman Jay Carney.



JAY CARNEY: We believe that the report that we will be sending up to Congress later today answers a lot of the questions that members have, continues a process of consultation that has been broad and deep.



CRAIG MCMURTRIE: Duke University Law Professor Scott Silliman is an expert on the War Powers. While he says it's unusual for military action to last for nearly three months without congressional approval, he doubts the courts will take it up, saying a political accommodation is far more likely.



SCOTT SILLIMAN: The Congress will get some assurances from the president that he will keep them informed with regard to continued US forces use in Libya and they will then pass a resolution or a statute which will then satisfy them with regard to the provisions of this War Powers Resolution. Again I think the members of the Congress and the president's staff know that the courts are very unlikely to intervene in this case. So they are both trying to politically manoeuvrer into the best position.



CRAIG MCMURTRIE: As a candidate and former lecturer on constitutional law, Barack Obama argued for congressional approval in times of war, but he isn't the first president to order military action without it.



The White House argues that it isn't required because the US role in Libya is now so minor.



It'll make for interesting conversation this weekend when the Republican speaker and US president swap the corridors of power for the greens and fairways of a leisurely round of golf. It is the first time they've played together.



This is Craig McMurtrie for The World Today.