, 7 tweets, 3 min read
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1. Trump has 2001 #AUMF to authorize him to conduct warfare against groups that attacked in 2001 including Al-Qaeda and ISIS and their affiliates. It doesn't include Iran. @StateDept can list persons as members of designated #FTO but that does not authorize their assassination.
2. @POTUS had no AUMF for #QassemSoleimani so he needed to make a Presidential "Finding" that authorizes the operation and he must transmit it to Congress within 48 hours. But there was a problem. EO 12,333 prohibited political assassinations.
3. Presuming that we have probable cause, we could try to arrest QS for terrorism but extraditing him could result in a claim immunity. Under Bush we engaged in renditions that have been criticized as unlawful. But the act of being listed does not in of itself authorize
4. assassination. There has to be finding of a clear and present ie imminent danger of an attack on the United States including our interests and citizens abroad. So far, Trump has not disclosed what if any evidence there was to conclude an attack on the US was liniment.
5. So even if we ignore the restriction of 12,333, Trump must still demonstrate that the decision to kill Soleimani was authorized under US law. I have not seen evidence it was. Trump withholding the factual basis on an erroneous belief he is entitled to conceal that from
6. Congress is consistent with a cover-up and conscienceness of guilt. Trump does not have competent advisers willing to speak up to stop him from violating US and International law. We have still not seen a detail of the other people who died in the attack. I believe they may
7. have recourse against the United States. Their identities and affiliations will make that more clear. POTUS and @SecPompeo have started to commit killings. Killings that do not appear to comport with US law.
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