Pompeo "privately delivered warnings intended for Iranian leaders that any attack by Tehran or its proxies resulting in the death of even one American service member will generate a military counterattack." WaPo
Several legal problems with that position. Here's two of them...1/3
Recommended reading that shows legal flaws in Bolton-Pompeo idea that the US can attack Iran in response to actions taken by Tehran's "proxies:"
Recommended reading that shows what's legally wrong with Pompeo's idea that US could militarily counterattack Iran for any use of force by Iran or its "proxies" that results in the death of even one US service member:
3/3
P.S. here’s the link to the great scoop by @missy_ryan@GregJaffe@John_Hudson (which may have been drowned out in part by overlapping news on Acting SecDef’s departure).
Boat strikes put U.S. service members in legal jeopardy:
"Some junior officers have asked military lawyers, known as judge advocates general or JAGs, for written sign-off before taking part in strikes .... It does not appear that such memos were furnished."
2/ "Career military and civilian lawyers in the Defense Department and lawyers at other agencies who might otherwise be involved in the deliberations have left government or been excluded from the discussions."
3/ "Lawyers at the NSC, State Department, Justice Department and the Pentagon earlier this year questioned the legal basis for military strikes on cartels without authorization from Congress, and for a while were able to forestall action."
It’s important to understand why DOJ indictment of John Bolton seems very different than Letitia James and Jim Comey indictments.
1. Biden administration opened the criminal investigation of John Bolton in 2022. It's been detailed investigative work ever since.
CNN⤵️
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2. Yes, the Biden DOJ did not indict Bolton. But they also did not close the investigation.
Plus CNN reports: “Unlike prosecutions brought against Comey and James, the Bolton case has maintained the support of career prosecutors and investigators.”
3. The Bolton Indictment is signed by career prosecutors (unlike James and Comey indictments).
Federalized Texas and California Guard to Portland is a "DIRECT CONTRAVENTION" of court's TRO from Saturday.
Both on 12406 statute and Tenth Amendment grounds.
2/ Your reminder that Judge Immergut was appointed to the bench by President Trump.
3/ The new Temporary Restraining Order bars the deployment by the Trump administration of any federalized National Guard -- eg California or Texas National Guard -- in Portland.
@charlie_savage @EricSchmittNYT 3/ "The administration has also stressed that about 100,000 Americans annually die from overdoses.
However, the focus of the ..attacks has been boats from Venezuela. The surge of overdose deaths...has been driven by fentanyl that drug trafficking experts say comes from Mexico"