\n\n“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 \u201cimminent\u201d and \u201cthreat\u201d actually mean.”
…
“Many of the people who have shaped our legal understanding of \u201cimminent\u201d over the years understood it to mean that the threat was unfolding right now and there\u2019s no time to do anything other than to kill the person.<\/p>\n\n\n\n
The Soleimani killing doesn\u2019t appear to meet that threshold.”<\/p>\n\n\n\n
…<\/p>\n\n\n\n
“If this is just a thing we did, then Congress doesn\u2019t need to be notified. But if it\u2019s an act of war, then clearly Congress needs to be notified.”<\/p>\n\n\n\n
…<\/p>\n\n\n\n
“for better or worse, at a point where the majority of lawmakers have basically acquiesced to the administration\u2019s interpretation of the law when it comes to war, and again, this goes back to the George W. Bush era. So if that\u2019s the case, then eventually the law becomes whatever the current administration says it is. That\u2019s where we are.”<\/p>\n\n\n\n
…<\/p>\n\n\n\n
“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\u2019s just no plausible legal justification under which you could stretch any of the AUMFs to include an attack on an Iranian official.” “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 \u201cimminent\u201d and \u201cthreat\u201d actually mean.”<\/p>\n …<\/p>\n “Many of the people who have shaped our legal understanding of \u201cimminent\u201d over the years understood it to mean that the threat was unfolding right now and there\u2019s no time to do anything other than to kill the person. …<\/p>\n “If this is just a thing we did, then Congress doesn\u2019t need to be notified. But if it\u2019s an act of war, then clearly Congress needs to be notified.”<\/p>\n …<\/p>\n “for better or worse, at a point where the majority of lawmakers have basically acquiesced to the administration\u2019s interpretation of the law when it comes to war, and again, this goes back to the George W. Bush era. So if that\u2019s the case, then eventually the law becomes whatever the current administration says it is. That\u2019s where we are.”<\/p>\n …<\/p>\n “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\u2019s just no plausible legal justification under which you could stretch any of the AUMFs to include an attack on an Iranian official.”<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[13],"tags":[174,190,193,156,192,125,185,191,158],"class_list":["post-2006","post","type-post","status-publish","format-standard","hentry","category-article-share","tag-assassination","tag-constitutional","tag-imminent-threat","tag-iran","tag-killing","tag-legal","tag-soleimani","tag-strike","tag-war"],"_links":{"self":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts\/2006","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=2006"}],"version-history":[{"count":1,"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts\/2006\/revisions"}],"predecessor-version":[{"id":2007,"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts\/2006\/revisions\/2007"}],"wp:attachment":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2006"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2006"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2006"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
https:\/\/www.vox.com\/2020\/1\/3\/21048012\/iran-general-killed-qasem-soleimani-legality<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"
\nThe Soleimani killing doesn\u2019t appear to meet that threshold.”<\/p>\n