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Playinghardball

(11,665 posts)
Thu Jun 19, 2014, 06:15 PM Jun 2014

Attack on Iraq Would Violate US Law, Experts Warn

'An attack on Iraq would violate the Constitution and the War Powers Resolution," warns Paul Findley, author of War Powers Resolution

Prominent legal scholars and the key author of the War Powers Resolution—which checks the president's power to launch military attacks—warned Thursday that an attack on Iraq would violate U.S. law.

Paul Findley, 22 year veteran of the U.S. House of Representatives, who was a key author of the War Powers Resolution, warned in a statement, "Just as with threats to attack Syria last year, an attack on Iraq would violate the Constitution and the War Powers Resolution. As with any president, he [President Obama] commits an impeachable offense if he does not follow the Constitution.”

Marjorie Cohn, Professor at Thomas Jefferson School of Law, agrees:

Under the War Powers Resolution, the President can introduce U.S. troops into hostilities, or into situations ‘where imminent involvement in hostilities is clearly indicated by the circumstances,’ only after (1) a Congressional declaration of war, (2) ‘specific statutory authorization,’ or (3) in ‘a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.’

This is the current situation: First, Congress has not declared war. Second, neither the 2002 Authorization for the Use of Military Force (AUMF) (which Bush used to invade Iraq), nor the 2001 AUMF (which Bush used to invade Afghanistan), would provide a legal basis for an attack on Iraq at the present time. Third, there has been no attack on the United States or U.S. armed forces. Moreover, the UN Charter only allows a military attack on another country in the case of self-defense or when the UN Security Council authorizes it; neither is the case at the present time.


Passed in 1973, despite former President Nixon's veto, the War Powers Resolution followed public outrage at the brutality of the Vietnam War.

More here: http://www.commondreams.org/headline/2014/06/19-4
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PoliticAverse

(26,366 posts)
1. Several Democrats in Congress seem to disagree...
Thu Jun 19, 2014, 06:21 PM
Jun 2014

With that violence as the backdrop, Democratic leaders offered support for Obama to use a 2002 law authorizing then-President George W. Bush to take action in Iraq as the legal authority for new strikes.

“I do not believe the President needs any further legislative authority to pursue the particular options for increased security assistance discussed today,” House Minority Leader Nancy Pelosi (D-Calif.) said in a statement released after the meeting. Senate Majority Leader Harry Reid (D-Nev.) has previously backed that position.

See: http://thehill.com/policy/defense/209838-obama-to-leaders-iraq-plan-wont-require-congressional-vote

elleng

(130,895 posts)
2. Who the hell is suggesting ATTACKING Iraq?
Thu Jun 19, 2014, 06:26 PM
Jun 2014

and of course, W's 'old' law covers just about anything that happened/s.

The Magistrate

(95,247 posts)
5. Put Bluntly, Sir, That Is Not True
Thu Jun 19, 2014, 06:48 PM
Jun 2014

If the government of a state, in being and recognized, should request assistance in suppressing rebellion, and receive it, in no sense is the country that government rules considered to be attacked by the power assisting its government.

Fred Sanders

(23,946 posts)
10. Tell that to the "rebels"' and that is dangerous thinking if applied to every country in the world.
Thu Jun 19, 2014, 07:08 PM
Jun 2014

Is America now in the business of judging who are the rebels in another country and how bad they are enough for one nation to bomb another? How legitimate is the requesting government, or not? What about the U.N., isn't that their role in an international conflict?

Do you agree America should be not only the world police but also the judge and executioner?

The Magistrate

(95,247 posts)
11. Here Is How It Works, Sir
Thu Jun 19, 2014, 07:15 PM
Jun 2014

A government is the agent of a country. If the government solicits a foreign power's military assistance in some crisis, said military action is not carried out against the country, but on its behalf. You may think the action wrong or misguided on any number of levels, should it occur, but it is not 'an attack on the country' or 'America judging' or being 'judge and executioner'. You might as well say that a wife being struck be her husband who calls police for assistance is calling for an attack on her family....

Fred Sanders

(23,946 posts)
3. Experts? When does America listen to experts? Uninformed opinion is the same as informed argument.
Thu Jun 19, 2014, 06:35 PM
Jun 2014

Get with the plan.

If DU people truly are in favor of expertise over political expediency and opinion, then why the disagreement with the experts?

Is that any better than cons not believing the experts on climate disruption?

Bandit

(21,475 posts)
7. There is quite a bit of difference between Political disagreements and Scientific evidence
Thu Jun 19, 2014, 06:55 PM
Jun 2014

One is based pretty much on opinion and the other is based upon FACT.

Fred Sanders

(23,946 posts)
9. Legal experts are legal experts and the politicians are not, it has to be a consistent principle
Thu Jun 19, 2014, 07:05 PM
Jun 2014

of more trust in the experts than the others.

bigtree

(85,996 posts)
6. I think the SOFA provides for military assistance
Thu Jun 19, 2014, 06:53 PM
Jun 2014

. . . if requested by Iraq. I understand that's already happened. Not a straightforward or wise action, imo, but I don't think such a response would be outside of the law.

KoKo

(84,711 posts)
12. We aren't going to do an "ATTACK ON IRAQ" with "Boots on Ground"
Thu Jun 19, 2014, 07:26 PM
Jun 2014

Obama has stated that won't happen.

But...there are other "boots on the ground" that slip in the door that won't be called that ...is what worries ME.

There's NO WAY Obama wants Iraq to disintigrate before his eyes..and he will do all in his power to keep that from Happening....whether it's concealed or uncovered later....it just isn't going to happen on "HIS WATCH."

BUT....it's possible we will find out later after years of discovery when he is long gone....what the truth of it all was....and, by then, no one will care.

And....I'm not blaming HIM but our System of Governance..for a few decades now.

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