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Schiff: Trump should seek authorization from Congress on attacks

Dea. Ron Gray Sr. · Thursday, April 6th 2017 at 10:34PM · 875 views
The Rachel Maddow Show 4/6/17
Schiff: Trump should seek authorization from Congress on attacks

Congressman Adam Schiff, ranking member of the House Intelligence Committee, talks with Rachel Maddow about the intelligence behind the U.S. strike in Syria and the legal need for Donald Trump to consult Congress for authorization of military actions in Syria. Duration: 10:20
Schiff: Trump should seek authorization from Congress on attacks

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Comments (5)

Steve Williams Friday, April 7th 2017 at 7:43AM

President Trump took decisive action. Congress takes 4 1/2 hours to take a 1 minute vote.

Harry Watley Friday, April 7th 2017 at 8:28AM

It is my understand that Syria was a signatory to the treaty that the use of chemical weapons is against international law! It would seem to me that president Trump would not need congressional authorization; any nation to that agreement could enforce the treaty against any violators!

Steve Williams Friday, April 7th 2017 at 9:00AM

Exactly. Even the Nazis abided by the ban on chemical weapons.

Steve Williams Friday, April 7th 2017 at 3:57PM

The legal need is not for the President to consult Congress. The legal need is for Adam Shift to do his damn job.

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

https://www.gpo.gov/fdsys/pkg/CDOC-110hdoc...

Steve Williams Friday, April 7th 2017 at 5:58PM

Secretary of State Hillary Clinton testified to Congress in March 2011 that the administration did not need congressional authorization for its military intervention in Libya or for further decisions about it, despite congressional objections from members of both parties that the administration was violating the War Powers Resolution.[10][11] During that classified briefing, she reportedly indicated that the administration would sidestep the Resolution's provision regarding a 60-day limit on unauthorized military actions.[12] Months later, she stated that, with respect to the military operation in Libya, the United States was still flying a quarter of the sorties, and the New York Times reported that, while many presidents had bypassed other sections of the War Powers Resolution, there was little precedent for exceeding the 60-day statutory limit on unauthorized military actions – a limit which the Justice Department had said in 1980 was constitutional.[13][14] The State Department publicly took the position in June 2011 that there was no "hostility" in Libya within the meaning of the War Powers Resolution, contrary to legal interpretations in 2011 by the Department of Defense and the Department of Justice Office of Legal Counsel.[15][16][17]

May 20, 2011, marked the 60th day of US combat in Libya (as part of the UN resolution) but the deadline arrived without President Obama seeking specific authorization from the US Congress.[18] President Obama notified Congress that no authorization was needed,[19] since the US leadership had been transferred to NATO,[20] and since US involvement was somewhat "limited". In fact, as of April 28, 2011, the US had conducted 75 percent of all aerial refueling sorties, supplied 70 percent of the operation's intelligence, surveillance, and reconnaissance, and contributed 24 percent of the total aircraft used in the operation.[21] By September, the US had conducted 26 percent of all military sorties, contributing more resources to Operation Unified Protector than any other NATO country.[22] The State Department requested (but never received) express congressional authorization.[16][23]

On Friday, June 3, 2011, the US House of Representatives voted to rebuke President Obama for maintaining an American presence in the NATO operations in Libya, which they considered a violation of the War Powers Resolution.[24][25] In The New York Times, an opinion piece by Yale Law Professor Bruce Ackerman stated that Obama's position "lacks a solid legal foundation. And by adopting it, the White House has shattered the traditional legal process the executive branch has developed to sustain the rule of law over the past 75 years."[26]

Possible repeal Edit
On January 16, 2014, Senators John McCain and Tim Kaine unveiled legislation that would repeal the existing War Powers Resolution and replace it with a new law for greater presidential consultation to Congress before committing military forces to a war or armed conflict. Senator McCain justifies the effort by pointing out that Congress has not formally declared war since June 1942 and that the nature of war has changed since then. Senator Kaine said that modern threats require a re-examination of consultation between a president and the legislature. Since the War Powers Resolution was passed after involvement during Vietnam in 1973, the U.S. has been involved in several military actions of varying scales without any real effect from the resolution. Recent events like U.S. intervention during the 2011 Libyan Revolution and the attempted call for congressional approval for action in the Syrian Civil War in 2013 have ignited debate over presidential authority and the effectiveness of the War Powers Resolution. The proposed replacement law would require the president to consult with Congress before deployment into a "significant armed conflict" or engage in combat operations expected to last over seven days. It extends the time needed to consult Congress of the deployment to three days, but reduces the time required for a resolution to be passed by Congress for extending operations to 30 days. The proposed legislation does not affect humanitarian missions and covert operations. The proposal is based on the work of the bipartisan National War Powers Commission.[27]

Syrian Military Action in 2017 Edit
See also: 2017 Shayrat missile strike
On April 6th, 2017, the United States launched 59 BGM-109 Tomahawk missiles at Shayrat airbase in Syria in response to Syria's alleged use of chemical weapons. Senator Rand Paul stated that the "the United States was not attacked" and that the "President needs Congressional authorization for military action as required by the Constitution."[28] Whether this action breaches the War Powers Resolution is debatable at this point as scholars disagree.

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