It appears that the Trump administration will try to claim that the killing of Qasem Soleimani is covered by congressional authorizations of the War on Terror or the Iraq War. Either ground for the attack is rather shaky
The fire at the Baghdad airport that may ignite a regional conflagration. Photo: Iraq’s Security Media Cell Handout/EPA-EFE/Shutterstock The question posed in the headline may seem a bit quaint with regard to a president who believes Article II of the U.S. Constitution authorizes him to do whatever he deems best, without accountability other than to a majority of the Electoral College.
“Tonight’s airstrike risks provoking further dangerous escalation of violence. America — and the world — cannot afford to have tensions escalate to the point of no return,” Pelosi said in a statement late Thursday.The strike was carried out without an “authorization for use of military force” against Iran and without the consultation of Congress, the speaker said.
The Trump administration has previously refused to rule out the possibility that the 2001 AUMF could authorize direction action against Iran and its allies. That said, such an argument is extremely dubious and is likely to prove extremely controversial. A more plausible candidate might be the 2002 AUMF, which provided the domestic legal basis for various U.S. military activities in Iraq from 2003 through 2011, including earlier operations against Kata’ib Hezbollah.
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