More Holes in the ‘Imminent Threat’ Story on Soleimani

“NBC is reporting that President Donald Trump was mulling the hit on Iranian Maj. Gen. Qassem Soleimani seven months ago, with war hawks such as John Bolton urging him to go for it. This further erodes the administration’s claim that the assassination was done to stop an “imminent” attack on U.S. lives.

“According to five current and senior administration officials,” NBC reports, Trump gave the order in June 2019, “with the condition that Trump would have final signoff on any specific operation to kill Soleimani.” Trump said that signoff would come if any Americans were killed, their sources said, which “explains why assassinating Soleimani was on the menu of options that the military presented to Trump two weeks ago for responding to an attack by Iranian proxies in Iraq.” That proxy attack killed a U.S. contractor.”

“Secretary of State Mike Pompeo quickly and repeatedly attributed it not to retribution but to an alleged imminent threat to dozens (sometimes “hundreds”) of American lives.Secretary of State Mike Pompeo quickly and repeatedly attributed it not to retribution but to an alleged imminent threat to dozens (sometimes “hundreds”) of American lives.”

“Yesterday, Defense Secretary Mark Esper told Face the Nation that he knew of no “specific evidence” to support the claim that Iran was planning embassy attacks.”

“”The administration didn’t present evidence to Congress regarding even one embassy. The four embassies claim seems to be totally made up. And they have never presented evidence of imminence—a necessary condition to act without congressional approval—with respect to any of this.””

An expert on why the Soleimani assassination was almost certainly illegal

“in order for this strike to be legal without congressional authorization, it would have to be in response to an imminent threat to the United States. And then we immediately enter into a discussion about what “imminent” and “threat” actually mean.”

“Many of the people who have shaped our legal understanding of “imminent” over the years understood it to mean that the threat was unfolding right now and there’s no time to do anything other than to kill the person.
The Soleimani killing doesn’t appear to meet that threshold.”

“If this is just a thing we did, then Congress doesn’t need to be notified. But if it’s an act of war, then clearly Congress needs to be notified.”

“for better or worse, at a point where the majority of lawmakers have basically acquiesced to the administration’s interpretation of the law when it comes to war, and again, this goes back to the George W. Bush era. So if that’s the case, then eventually the law becomes whatever the current administration says it is. That’s where we are.”

“there were several AUMFs but none of them, in any way, were directed at Iran. Each of them very clearly gave the executive branch the power to fight the Taliban and al-Qaeda in Afghanistan and later, ISIS in Iraq. And in fact, Iran has been on our side in the fight against ISIS and the Taliban. So there’s just no plausible legal justification under which you could stretch any of the AUMFs to include an attack on an Iranian official.”