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Friday, January 3, 2020

Some Ramifications of the Assassination Yesterday


For John, BLUFThere are lots of issues surrounding the attack on Iranian leader Major General Qassim Suleimani, including how Iran will react, the impact on Iraq, Iran's long term strategy for the area, what Kim Jung-un thinks, how other world leaders will now view President Trump and how, at the other end of the history we will view the actions of Presidents from Carter to Obama.  Nothing to see here; just move along.




That is a news story from The New York Times, via MSM.

A question is, does the President have the authority to order this attack on Major General Suleimani?

Here is the applicable law From a Cornell University Law School web site:

Although the ban on assassination contained in Executive Order 12,333 has the force and effect of a congressional statute,1 2 the President can evade the order's mandate and legally carry out the assassination of a foreign leader in four ways.  He could:  (1) Ask Congress to declare war, in which case a foreign leader exercising command responsibility would become a legitimate target;' 3 (2) Construe Article 51 of the United Nations Charter to permit the assassination of a foreign leader based on either a right to self-defense or a right to respond to criminal activities;' 4 (3) Narrowly interpret the order as not restricting the President as long as he does not approve specific plans for the killing of individuals;' 5 or (4) Overrule the order, create an exception to it, or permit the Congress to do the same.  By using any of these methods, a president could theoretically order the assassination of a foreign leader without violating Executive Order 12,333.
The first question is what constitutes a "leader" vs a member of the enemy force?

But, if by definition, General Suleimani is an Iranian "leader", then the President might be in violation of the law, which the House could use to add an additional article of Impeachment against the President.

But, if the Democrats an misinformed enough to go that route it will only serve to run up the points.  American voters will see it as the President acting in defense of Americans.

Regards  —  Cliff

  He (Suleimani) did manage the killing of 600+ US Service members.
  Remember the poster of President Trump, which says: "They aren't coming for me.  They are coming for you.  I am just in the way."

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