Sunday, January 5, 2020

Trump's Legal Authority

You may have read that Donald Trump can't do anything right, and apparently now he's exceeded his authority as President by ordering a drone strike against Qasem Soleimani without congressional approval.

Mr. Trump is accused of violating the executive order against assassinations.

If Mr. Trump's drone strike was illegal, then so were Barack Obama's raid on Osama bin Laden and his hundreds of drone strikes over eight years as President.

Mr. Trump also has the power, as Commander in Chief, to use military force against anyone waging war against the U.S. The Quds Force has been doing that for years, going back to the Iraq war and recently with the rocket attacks on U.S. troops in Iraq by militia under Soleimani's control.

The drone strike in Iraq was a defensive military action intended to prevent attacks on U.S. troops by an enemy general who had ordered such attacks in the past.

Numerous Presidents have used force in such a way without Congressional approval, including Ronald Reagan in 1986 against Libya after the terror bombing at a Berlin nightclub killed three people, including two American soldiers.

Some say Mr. Trump's drone strike is different because it has the potential to become a larger conflict with Iran and thus needs Congressional assent.


https://www.wsj.com/articles/trumps-legal-authority-11578095410?mod=hp_opin_pos_2

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