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posted by Fnord666 on Sunday October 29 2017, @05:40AM   Printer-friendly
from the We-have-always-been-at-war-with-Eurasia dept.

The last step to render I:8:11 a dead letter is currently being debated in a federal appeal.

Trump Justice Department: Wars are off limits to court review

A Trump administration attorney said Friday that federal courts cannot evaluate whether a president is waging an illegal war, even if the war clearly has no grounding in a congressional authorization of force and someone directly impacted sues.

The claim was made during oral arguments in an appeal filed by Nathan Michael Smith, a now-former Army intelligence analyst who sued last year claiming former President Barack Obama was illegally fighting Islamic State terrorists without an authorization for use of military force, or AUMF, from Congress.

[...] "What if the president were to initiate hostilities with a nation or organization that wasn't plausibly within these AUMFs, would that be subject to review?" Griffith asked.

"No, I think, is the short answer. No," said Thomas Byron, an experienced Justice Department attorney.


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  • (Score: 2) by HiThere on Sunday October 29 2017, @05:36PM

    by HiThere (866) Subscriber Badge on Sunday October 29 2017, @05:36PM (#589138) Journal

    You are being silly to claim all such offenses are equal. However...

    This is another example of how BOTH of the major parties promote centralization of power. The may disagree about details (not certain how much of that is PR), but on many of the most important issues their stance is identical.

    Please note, having an identical stance doesn't mean it's either right or wrong. It means that choosing between them on the basis of those issues is less meaningful than flipping a coin.

    That said, the Democrats generally seem more concerned that their public image is of the party that helps people in general, especially the less powerful. They don't always do it, but they try to at least project that image. And their promises aren't usually transparently false. (I'm not saying they don't lie a lot, I'm saying you usually need to work to show it.)

    OTOH, IIRC more troops have been committed to foreign actions under Democrats than under Republicans. The Republicans bluster more, but (IIRC) are slightly less war-monger. And it's the Democrats that push the eternally extended copyright.

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