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Author Topic:   Was This Attack Legal?
Randall
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posted June 21, 2025 10:23 PM     Click Here to See the Profile for Randall     Edit/Delete Message   Reply w/Quote
Yes, it was constitutional under Article II. No troops are on the ground. This is not a war. If the US or our interests are threatened, the Commander in Chief can take military action. Was it legal under the War Powers Act (Resolution)?

The WPR requires the president to:

Notify Congress within 48 hours of deploying U.S. forces into “hostilities” or situations where hostilities are imminent.

End military actions within 60 days (or 90 days in emergencies) unless Congress approves continued engagement through a declaration of war or specific authorization.

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PlutoWasHere
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posted June 22, 2025 12:50 PM     Click Here to See the Profile for PlutoWasHere     Edit/Delete Message   Reply w/Quote
So Japan bombing Pearl Harbour wasn't an act of war?

<Casus belli is a Latin term meaning "occasion for war". It refers to an act or event that provokes or is used to justify a war, typically involving direct offenses or threats against the nation declaring the war.>

http://en.wikipedia.org/wiki/Casus_belli

With the bombing of Iran, Trump has declared war. Even if he didn't outright say it, the act of bombing is "casus belli". Declaring war without consent from Congress is unconstitutional. But that hasn't stopped the U.S. before. Korea, Vietnam, Iraq and Afghanistan were all bombed without consent from Congress. So I doubt Trump will actually be impeached based on this. It's still a mess though.

And it goes against everything Trump promised. Didn't he claim that he would settle the war in Ukraine within a day. Didn't he claim that he would bring peace to the Middle East? didn't he say that the U.S. needs to stop with endless wars?

A tweet from Trump - 11/11/2013:
<Remember that I predicted a long time ago that President Obama will attack Iran because of his inability to negotiate properly—not skilled!>

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Randall
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posted June 22, 2025 07:36 PM     Click Here to See the Profile for Randall     Edit/Delete Message   Reply w/Quote
Taking out Iran's nuclear facilities IS going to bring peace to the region. It was a targeted strike to take out nuclear sites. We are not in a war.

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Randall
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posted June 22, 2025 07:40 PM     Click Here to See the Profile for Randall     Edit/Delete Message   Reply w/Quote
Under Article 2, Section 2, to protect national interests or respond to an existing threat, yes, the Commander-in-Chief can order a limited strike without Congress. If I used Wikipedia as a source, I'd have gotten laughed out of law school.

Another Option: Authorizations for the Use of Military Force

However, Congress has passed Authorizations for the Use of Military Force (AUMFs) that give the president the ability to take limited, defined military acts. John Adams was the first president to receive an AUMF from Congress in 1798 during the Quasi-War with France.

Several AUMFs have remained in place from recent conflicts and presidents have cited them as supporting military actions abroad. The AUMF of 1991 gave the president the ability to act against Iraq to enforce United Nations resolutions. Similarly, the AUMF of 2002 stated, “[T]he president is authorized to use the Armed Forces of the United States as he determines to be necessary and appropriate in order to defend the national security of the United States against the continuing threat posed by Iraq.”

In 2011, President Barack Obama ordered a military intervention in Libya without asking for congressional approval. Forces were engaged there for about eight months as the Obama administration argued that its military presence didn’t fall under the War Powers Resolution. In 2013, President Obama took the unusual step of asking Congress to approve intervention in the Syrian civil war, after he initially indicated he had the constitutional powers to order limited military strikes without its approval. Congress then deferred to act in Syria. At the time, the Obama administration argued that it didn’t need congressional authorization under the 2002 AUMF.

In 2017, President Trump ordered missile strikes against Syria after a chemical warfare attack, and supporters including Mitch McConnell felt it was permissible under the 2002 AUMF. The Trump administration argued that the attacks were allowed under the president’s Article II powers to protect the “national security and foreign policy interests of the United States.” Also in 2020, Trump cited the 2002 AUMF as supporting his decision to order a fatal drone strike against Iranian Gen. Qassem Soleimani, the leader of the Islamic Revolutionary Guards Corps (IRGC) Quds Force.

In recent years, President Joseph Biden also cited the AUMF of 2002 and the same Article II powers asserted by the first Trump administration in taking military actions against Iran-backed militant groups in Iraq, Syria, Yemen, and the Red Sea.

The Biden administration filed reports within 48 hours about its actions to Congress as required by the War Powers Resolution with the caveat the president was acting to “protect United States citizens both at home and abroad and in furtherance of United States national security and foreign policy interests, pursuant to my constitutional authority as Commander in Chief and Chief Executive and to conduct United States foreign relations.”

Scott Bomboy is the editor in chief of the National Constitution Center.

http://constitutioncenter.org/blog/does-the-president-need-congress-to-approve-military-actions-in-iran

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PlutoWasHere
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posted June 23, 2025 09:22 AM     Click Here to See the Profile for PlutoWasHere     Edit/Delete Message   Reply w/Quote
So no comment on Trump's prediction Obama would start a war with Iran because he's an incompetent negotiator?

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Randall
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posted June 23, 2025 09:54 AM     Click Here to See the Profile for Randall     Edit/Delete Message   Reply w/Quote
Apples and oranges. Obama WAS an incompetent negotiator. No one could ever accuse that of President Trump. President Trump has always been against war, even as a Democrat. The very limited 25-minute military exercise/engagement in Iraq was necessary because Iran was mere days away from having 9 or 10 nuclear weapons, and Iran would have used them. Just having them would have set off a chain reaction where the Saudis and others will have wanted them, as well. It would have destabilized the region. But they would have nuked Israel for sure, and that would have also affected the Palestinians. They were also quickly creating ICBMs, and that would mean that the US would be next--probably New York and/or DC.

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teasel
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posted June 23, 2025 11:16 AM     Click Here to See the Profile for teasel     Edit/Delete Message   Reply w/Quote
quote:
Originally posted by PlutoWasHere:
So no comment on Trump's prediction Obama would start a war with Iran because he's an incompetent negotiator?


No, he won’t acknowledge all of the tweets where Trump said this (and there are a handful of them, from over the years). We can point it out, but it won’t matter.

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Randall
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posted June 23, 2025 01:07 PM     Click Here to See the Profile for Randall     Edit/Delete Message   Reply w/Quote
I just acknowledged it. LEARN TO READ.

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