Did President Donald Trump have the legal authority to order the killing of a top Iranian general in Iraq? Iran and its allies are vowing revenge. In its limited explanation so far, the Pentagon said Gen. Qassem Soleimani was “actively developing” plans to kill American diplomats and service members
WASHINGTON — Did President Donald Trump have the legal authority to order the killing of a top Iranian general in Iraq?
That would appear to place the action within the legal authority of the president, as commander in chief, to use force in defense of the nation under Article II of the Constitution, said Bobby Chesney, a professor at the University of Texas School of Law who specializes in national security issues. “Legally there’s no issue,” Addicot said. “Politically, however, it’s going to be debated, whether it’s the correct response. In my opinion it’s the appropriate response, but it’s certainly legal.”
Secretary of State Mike Pompeo said the general posed an “imminent” threat. “He was actively plotting in the region to take actions — a big action, as he described it – that would have put dozens if not hundreds of American lives at risk,” he told CNN. There are separate but related legal questions about other aspects of the attack that Iran state TV said killed a total of 10 people, including a deputy commander, five Revolutionary Guard members and Soleimani’s son-in-law. Among them: Was this a legitimate military target? Yes, since the general was a military and not a civilian figure, according to experts.
Democratic leaders of Congress complained they weren't notified of the strike in advance. Chesney said the administration could argue it has legal authority to protect the troops in the Middle East who were dispatched under congressional authorizations in 2001 and 2002 in the wake of the Sept. 11, 2001, terrorist attacks.
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