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Democratic senators: Trump lacks ‘legal authority’ for preemptive, ‘bloody nose’ strike on North Korea

 
Anonymous Coward
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02/05/2018 02:41 AM
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Democratic senators: Trump lacks ‘legal authority’ for preemptive, ‘bloody nose’ strike on North Korea
When was the last time something like this happened?

A group of Democratic senators is warning President Trump that he lacks the “legal authority” to carry out a preemptive strike on North Korea, amid questions over whether the White House is considering a risky “bloody nose” attack.

In a letter to be sent to Trump on Monday, the 18 senators said they are “deeply concerned about the potential consequences of a preemptive military strike on North Korea and the risks of miscalculation and retaliation.” They emphasized that it is an “enormous gamble” to believe that such an action, even if it were modest in scope, would not provoke an escalation from dictator Kim Jong Un.

“Moreover, without congressional authority, a preventative or preemptive U.S. military strike would lack either a constitutional basis or legal authority,” the senators wrote in the letter organized by Sen. Martin Heinrich (D-N.M.), a member of the Senate Armed Services Committee.
[link to www.washingtonpost.com (secure)]
Anonymous Coward
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02/05/2018 02:49 AM
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Re: Democratic senators: Trump lacks ‘legal authority’ for preemptive, ‘bloody nose’ strike on North Korea
Trump could circumvent the need for Congress to declare war against North Korea, because the United States is already at war with North Korea.

The Korean War (1950-3) ended with an armistice, but the two parties never signed the peace treaty scheduled in Geneva in 1954 formally ending the war.

"In the absence of some new legal instrument that makes fighting the war improper, you can say that the president has whatever authority he had before," said Saikrishna Prakash, a law professor at the University of Virginia.
Anonymous Coward (OP)
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02/05/2018 02:55 AM
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Re: Democratic senators: Trump lacks ‘legal authority’ for preemptive, ‘bloody nose’ strike on North Korea
Trump could circumvent the need for Congress to declare war against North Korea, because the United States is already at war with North Korea.

The Korean War (1950-3) ended with an armistice, but the two parties never signed the peace treaty scheduled in Geneva in 1954 formally ending the war.

"In the absence of some new legal instrument that makes fighting the war improper, you can say that the president has whatever authority he had before," said Saikrishna Prakash, a law professor at the University of Virginia.
 Quoting: Anonymous Coward 75058502


What could Trump do to solve the controversy before the first strike?

He could ask Congress to vote on the issue. The problem with that is that you lose the surprise factor of the strike.
Anonymous Coward (OP)
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02/05/2018 02:56 AM
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Re: Democratic senators: Trump lacks ‘legal authority’ for preemptive, ‘bloody nose’ strike on North Korea
Will someone come along to reassure us that "nothing will happen"? hiding
Anonymous Coward
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02/05/2018 03:09 AM
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Re: Democratic senators: Trump lacks ‘legal authority’ for preemptive, ‘bloody nose’ strike on North Korea
Constitutionally, because North Korea and the United States are "technically" still at war, he does.

Any other country in the world, no.

I not saying he should break the peace though...

War requires congress, although that hasn't stopped these same people wanting a president to strike another country without the act of congress or a president using war time powers without the consent of congress, and congress willfully does not act to stop such actions.

So really, its not about "legal authority", its about trying to save their asses in the mid terms by grand standing.
LTHN.

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02/05/2018 03:15 AM

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Re: Democratic senators: Trump lacks ‘legal authority’ for preemptive, ‘bloody nose’ strike on North Korea
Will someone come along to reassure us that "nothing will happen"? hiding
 Quoting: Anonymous Coward 76201419


Nothing will happen.
"A wise man listens to the message and uses his logic and discernment to process it, a fool negates the message by prejudging the messenger."

"He whose centre is everywhere and whose circumference is nowhere."





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