After watching the public reaction to Soleimani’s murder followed by vows of revenge by Iran, we are apparently on the brink of war. At this point it seems obvious that we need to go public with the intel we have showing the imminent attack that was being planned against Americans.
This intel should clearly show the world that Soleimani was a clear and present danger and we had no choice but to go outside of protocol and assassinate him. Do you agree? Thoughts?
There is no real protocol protecting Generals walking around a battle area, not in their own country.
There is protocol when making moves that could get our country involved in a war. It’s called the war powers act and it involves coordinating with congress. Trump skipped that because of an immanent threat. Now we have Iran promising retribution. The move needs to be explained and justified with evidence
According to Wikipedia:
The
War Powers Resolution (also known as the
War Powers Resolution of 1973 or the
War Powers Act) (
50 U.S.C. 1541–1548)
[1] is a
federal law intended to check the
president's power to commit the United States to an
armed conflict without the consent of the
U.S. Congress. The Resolution was adopted in the form of a United States Congressional
joint resolution. It provides that the
U.S. President can send the
Armed Forces into action abroad only by
declaration of war by
Congress, "statutory authorization," or in case of "a national emergency created by attack upon the United States, its territories or possessions, or its armed forces."
The War Powers Resolution requires the President to notify Congress within 48 hours of committing armed forces to military action and forbids armed forces from remaining for more than 60
days, with a further 30-day withdrawal period, without a Congressional authorization for use of military force (AUMF) or a
declaration of war by the United States. The resolution was passed by two-thirds of each of the House and Senate, overriding the
veto of the bill from
President Nixon.
It has been alleged that the War Powers Resolution has been violated in the past – for example, by President
Bill Clinton in 1999, during
the bombing campaign in Kosovo. Congress has disapproved all such incidents, but none has resulted in any successful legal actions being taken against the president for alleged violations.
[2]
Contents
Background
Under the
United States Constitution, war powers are divided. Under
Article I, Section 8, Congress has the power to:
- declare War
- grant Letters of Marque and Reprisal (i.e., license private citizens to capture enemy vessels)
- raise and support Armies (for terms up to two years at a time)
- provide and maintain a Navy
- make Rules for the Government and Regulation of the land and naval Forces
- provide for calling forth the Militia
- make Rules concerning Captures on Land and Water
- provide for organizing, arming, and disciplining, the Militia; and
- govern such Part of [the militia] as may be employed in the Service of the United States.
Section 8 further provides that the
states have the power to:
- Appoint the Officers of the militia; and
- train the Militia according to the discipline prescribed by Congress.
Article II, Section 2 provides that:
- "The president shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States"
It is generally agreed that the commander-in-chief role gives the President power to repel attacks against the United States
[3][4] and makes the President responsible for leading the armed forces. The President has the right to sign or veto congressional acts, such as a declaration of war, and Congress may override any such presidential veto. Additionally, when the president's actions (or inactions) provide "Aid and Comfort" to enemies or levy war against the United States, then Congress has the power to impeach and remove (convict) the president for treason. For actions short of treason, they can remove the president for "Bribery, or other high Crimes and Misdemeanors", the definition of which the Supreme Court has left up to Congress. Therefore, the war power was intentionally split between Congress and the Executive to prevent unilateral executive action that is contrary to the wishes of Congress.
No problem here for Trump. We have been in an active conflict in Iraq since Bush started this crap, and it did not stop it at that time either. To my knowledge the act has never been successfully applied, and will not be this time either.