Army Captain Sues Obama Over ISIS Fight, Ignoring It’s Completely Legal



Susanne.Posel-Headline.News.Official- obama.nathan.smith.lawsuit.isis.war.congress_occupycorporatismSusanne Posel ,Chief Editor Occupy Corporatism | Media Spokesperson, HEALTH MAX Brands

 

US Army Captain Nathan Michael Smith filed a lawsuit with the US District Court in Washington, DC citing that President Obama deployed more special ops forces into the Middle East with the purpose of fighting the Islamic State of Iraq and Syria (ISIS).

Smith is hoping his action will bring attention to the circumvention of Congress the president has taken in order to declare war against ISIS without requesting a new Authorization for the Use of Military Force (AUMF).

The captain is asking that the court determine this “war” against ISIS as a violation of the War Powers Resolution (WPR) because Congress itself has not declared war against ISIS.

In the complaint, Smith claims the president is acting with “lawlessness” and his “mission is inconsistent with his oath to ‘preserve, protect and defend the Constitution of the United States’.”

Citing Little v. Barreme , an 1802 opinion that naval officers are liable for any unlawful acts they commit – even if ordered by the president, Smith has declared “the war [against ISIS] is therefore illegal”.

Bruce Ackerman, professor at Yale University School of Law, is helping Smith, advising him on legal affairs. Ackerman wrote an op-ed piece in 2015 explaining that Obama’s use of military forces is a violation of the US Constitution.

Without legal standing, this case could simply be thrown out of court; however Ackerman is confident that because it was filed by a soldier, this caveat will hold more weight.

Yet that may not satisfy the need of the court to hear this case because legislators already sanctioned this war via voting for appropriations to fund it. And this proves that Congress has not taken a stance against the actions of the president.

In addition, after the attack on Paris, Congress has considered multiple versions of a new AUMF in order to fight ISIS with debates and serious consideration for more funding.

Source Article from http://feedproxy.google.com/~r/OccupyCorporatism/~3/UkPUEoe1FOA/

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