The Attack on Iran Is Unlawful
Hours after the U.S. bombed several sites in Iran, President Donald Trump called the operation a “spectacular military success.”
Whether or not that turns out to be true, the attack looks rather different as a legal matter. Trump appears to have significantly overstepped his authority, as the attack was not authorized by Congress and was not in response to an attack on American soil or American troops. The best the White House has been able to come up with so far is that Trump acted under the legal authority “afforded to him as Commander in Chief,” as a White House official told Real Clear Politics on Saturday night.
Sorry, but that simply isn’t good enough.
Under the War Powers Act of 1973, the law that governs presidential authority to order military strikes, there are three lawful ways for a commander-in-chief to order the bombing of another country. None of them appears to cover the strikes carried out on Saturday.
Here is the relevant section of the law (emphasis added): “The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.”
The first two options provided by the law are clearly not involved here, as Congress did not declare war against Iran and did not pass an authorization for the use of military force (as was done to allow the invasion of Iraq in 2002).
The third circumstance also does not apply to Trump’s attack on Iran, which was not carried out in response to an
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