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.
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.