RangerDave wrote:
Because the collaboration was (and would have continued to be) ongoing and multifaceted rather than a one-off related to a specific attack that was about to take place in such a short timeframe that going to Congress for authorization first isn't possible. Article II permits preemptive strikes without prior Congressional approval, but not preventive ones. It's a bit like the difference between killing someone just as they're drawing their weapon to kill you and killing someone who's plotting to kill you at some point in the future. The former is legal self-defense, but the latter is murder (legally at least).
This is not really a common legal opinion, even under the War Powers Act. It's even less applicable here because Soleimani has been actively coordinating and supporting combat operations against U.S. forces for decades, and so has the Iranian government at large. Almost 20% of those killed in Iraq were killed by Iranian-supplied IEDs when Iran was ostensibly not a party to the conflict. Congress has continued to fund U.S. operations under these circumstances, including specific, named operations to deter Iran that predate Trump's presidency. For Congress (or anyone else) to try now to make a War Powers complaint is disingenuous on the part of everyone else, and at best an admission of dereliction of duty by Congress, collectively. Concerns about an Imperial Presidency should be focused on the misbehavior, dereliction, and cowardice of Congress in general - and to a degree, the press as well, because they apparently discovered this concern in the last two weeks.
As for other posters and their concerns about war with Iran...
**** LOL
Yes, war with Iran would be costly for us. It would be DEVASTATING for Iran. No matter what else happened, Iran would find it's leaders in about 5,000 pieces.
And as for Soleimani, he was literally one of the worst people on Earth. Killing him is called deterrence. If Iran wants to take an equivalent shot at our leaders, they can **** go for it. I dare them.