This tweet threatens to break several laws. First, the President cannot notify Congress under the War Powers Resolution by tweet. 1/ https://t.co/tf5m8gXzCh— Oona Hathaway (@oonahathaway) January 5, 2020
Second, he claims "[s]uch legal notice is not required." That's not true. Any time the president involves the armed forces into "hostilities," he must--at a minimum--notify Congress within 48 hours. 2/— Oona Hathaway (@oonahathaway) January 5, 2020
Third, he is also obligated to "in every possible instance . . . consult with Congress before introducing United States Armed Forces into hostilities or into situation where imminent involvement in hostilities is clearly indicated by the circumstances . . ." under the WPR. 3/— Oona Hathaway (@oonahathaway) January 5, 2020
Fourth, he is promising a "perhaps ... disproportionate" strike in response--that's another promise of an international law violation. Any action taken in self defense (the apparent justification for the strikes) must be necessary and proportionate to the threat posed. 4/— Oona Hathaway (@oonahathaway) January 5, 2020
Who is going to tell him? Marco? Mitch? Ted? Rand? Lindsay? Cippollone?That any of this has to be said suggests just how insane this situation has become. Where are the White House, DoJ, DoD, State Dept. lawyers? 5/5— Oona Hathaway (@oonahathaway) January 5, 2020
Dumber than a box of rocks, more dangerous than a toddler with a shotgun. Do any lawyers still work in this administration?You really need to talk to a lawyer, although even the best lawyers can’t undo the fact that you’re a complete idiot. https://t.co/UH2RY8YinQ— George Conway (@gtconway3d) January 5, 2020
Wow. Proportionality is a specific requirement of the laws of armed conflict, codified in US law. The president is specifically saying that the US will "perhaps" violate international law. https://t.co/cUzaMJE8HN— Anthony Clark Arend (@arenda) January 5, 2020
I suppose we shouldn't be outraged because somewhere on Twitter there's a Ph.D. candidate who can tell us why this would never happen. Except the situation where Trump orders it and the Pentagon refuses to comply with an unlawful order, sounds like a pretty outrageous situation to me.
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