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Illegal? Obama Wants to Use Bush's 2001 War Authorization to Justify Attacks on ISIS
Townhall.com ^ | September 12, 2014 | Katie Pavlich

Posted on 09/12/2014 8:05:46 AM PDT by Kaslin

In his address to the nation Wednesday night about how the United States is going to handle the growing ISIS threat, President Obama announced new airstrikes in Syria and called on Congress to give "input," but didn't ask for their authorization. Why? Apparently President Obama thinks he can use the authorization given to President George W. Bush in 2001 to go after al Qaeda. Legally, that move isn't panning out. Al Eli Lake over at the Daily Beast writes, Obama's latest war is probably illegal: 

Obama’s using the law that authorized attacks against al Qaeda to justify his new fight in Syria and Iraq. One small problem: ISIS and al Qaeda are at each others’ throats. Legal experts were shocked to learn Wednesday that the Obama administration wants to rely on that 2001 Authorization for Use of Military Force against al Qaeda for the new ISIS war.

“On its face this is an implausible argument because the 2001 AUMF requires a nexus to al Qaeda or associated forces of al Qaeda fighting the United States,” said Robert Chesney, a professor at the University of Texas School of Law. “Since ISIS broke up with al Qaeda it’s hard to make that argument.”

Ideally, when beginning a new war like Obama is doing now, the president would ask Congress to declare it.

As a reminder, President Obama campaigned on asking Congress for war authorization back in 2008. My how things have changed.

Yesterday Secretary of State John Kerry said the United States isn't "at war" with ISIS but instead has launched a "counterterrorism" operation against the army. The White House echoed that statement. The administration won't admit Obama is starting a war for two reasons. The first is political in that it upset Obama's far left base. The second is that declaring war would require Obama to ask Congress for authorization, which in return would require the President to come up with a coherent strategy and be accountable to lawmakers for implementing that strategy as planned and promised. Obama doesn't want to answer to anyone, but especially Congress. 


TOPICS: Editorial; Foreign Affairs; Syria; War on Terror
KEYWORDS: alqaeda; barack0bama; georgewbush; gwb; iraq; isis; obamanewisisstrategy
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To: Kaslin

And, of course, then he can blame Bush.


21 posted on 09/12/2014 8:33:27 AM PDT by Dahoser (Separation of church and state? No, we need separation of media and state.)
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To: Kaslin; All

ironic- a month and a half ago he sent a letter to Boehner demanding repeal of the Iraqi War Authorization:

“The Obama administration is calling on Congress to fully repeal the war authorization in Iraq to ensure that no U.S. troops return to the country, which is under siege by the extremist Islamic State of Iraq and the Levant (ISIL or ISIS).”

http://freebeacon.com/national-security/white-house-wants-repeal-of-iraq-war-authorization/


22 posted on 09/12/2014 8:36:03 AM PDT by God luvs America (63.5 million pay no income tax and vote for DemoKrats...)
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To: Kaslin

For the same reason he campaigns against his own policies — he doesn’t want HIS name associated with a War Authorization.

That way, he can still blame Bush, while claiming now and in the future that HE never authorized the war.

Also, if it turns into an even worse mess than he made of Iraq, he can disassociate HIMSELF from the results.


23 posted on 09/12/2014 8:38:54 AM PDT by TomGuy
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To: Kaslin
It's probably a good thing that Obama isn't mad at the Japanese.


24 posted on 09/12/2014 8:44:33 AM PDT by Iron Munro ("If you want to test a man's character, give him power." -- Abraham Lincoln)
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To: BulletBobCo
That's like wanting to use an old condom on a different date."

"You mean that's not a good idea?"

25 posted on 09/12/2014 8:44:41 AM PDT by Fightin Whitey
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To: ryan71

Great idea. Put him in a box. He deserves it.


26 posted on 09/12/2014 8:45:18 AM PDT by refermech
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To: Hoodat

The GWBush authorization was against the government of Iraq that existed at that time.

Obama withdrew all troops, basically ending THAT war.

It would make no sense for him to return troops based on THAT war, since THAT government was defeated and replaced with a new elected government. If Obama uses the Bush Declaration of War, he would basically have to go after the existing government of Iraq, not ISIS/ISIL.

Calling all lawyers! A potential windfall may be coming soon.
27 posted on 09/12/2014 8:49:30 AM PDT by TomGuy
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To: God luvs America

Nice find!


28 posted on 09/12/2014 9:03:47 AM PDT by Ray76 (Disgusted)
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To: Kaslin

God forbid that he soil his Nobel Peace Prize with a nasty war on his record.


29 posted on 09/12/2014 9:26:42 AM PDT by Rockitz (This is NOT rocket science - Follow the money and you'll find the truth.)
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To: Kaslin

30 posted on 09/12/2014 9:27:24 AM PDT by Cubs Fan (If you're on the same side of ferguson as Al and Jesse then you f-ed up somewhere, rethink it dummy)
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To: ryan71

I like your idea!


31 posted on 09/12/2014 9:30:57 AM PDT by kevslisababy
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To: TomGuy

It also doesn’t give him authority to go into Syria either


32 posted on 09/12/2014 9:37:15 AM PDT by 4rcane
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To: Rockitz

Obama is so obsessed with regime change in Syria. I wonder if Assad mocked his ears or something.


33 posted on 09/12/2014 9:41:53 AM PDT by 4rcane
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To: GeronL

Obama is a maggot feeding off the flesh of the United States.


34 posted on 09/12/2014 9:42:30 AM PDT by DoughtyOne (We'll know when he's really hit bottom. They'll start referring to him as White.)
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To: Kaslin
This is literally insane. The leftists, including Obama, insisted that Bush needed a NEW authorization to go into Iraq, even though the original authorization was arguably broad enough to include Iraq. So Bush said, OK, and got an authorization for Iraq, which infuriated leftists like Hillary and Kerry, because they were forced to vote FOR it.

To say that it authorizes a new action in Iraq not only contradicts those prior positions (which I believe would have been stated by Obama, too, although he was a state senator in Illinois at the time), but it is also no longer viable, given that Obama has declared the Iraq war ended, and has pulled out all the troops that were there previously. To rely on the 2001 authorization would be to use logic that would also allow him to attach Japan and Germany under the December 8, 1941 declaration of war.

35 posted on 09/12/2014 9:47:27 AM PDT by Defiant (4 main US grps: conservatives, useless idiots (aka RINOs), marxists and useful idiots (aka liberals))
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To: Cubs Fan

That must be the poster on every network news lobby wall.


36 posted on 09/12/2014 9:55:47 AM PDT by Vaduz
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To: DoughtyOne

One too many “m’s” and you’re short an “f”


37 posted on 09/12/2014 10:02:17 AM PDT by Ray76 (Disgusted)
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To: TomGuy
Any time some lib brings up Bush going to war for non-existent WMD, I always ask them if they had ever read the Authorization For Use of Military Force Against Iraq - 2002, passed by the Democrat-controlled Senate. Without exception, I have yet to meet one who has.
38 posted on 09/12/2014 10:05:38 AM PDT by Hoodat (Article 4, Section 4)
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To: Ray76

Hey..., I hate it when you make a good point.


39 posted on 09/12/2014 10:07:38 AM PDT by DoughtyOne (Obama and the Left are maggots feeding off the flesh of the United States.)
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To: Kaslin
The administration won't admit Obama is starting a war for two reasons. The first is political in that it upset Obama's far left base. The second is that declaring war would require Obama to ask Congress for authorization, which in return would require the President to come up with a coherent strategy and be accountable to lawmakers for implementing that strategy as planned and promised. Obama doesn't want to answer to anyone, but especially Congress.

Third reason: every member of Congress would have to vote yes, no, or present on such a resolution. The Democrats' heads would be spinning trying to figure out whether to support "their" president -- in a time of "war" -- or play to the Democrat voters, who apparently prefer Sharia law over fighting terrorists.

40 posted on 09/12/2014 10:16:44 AM PDT by AZLiberty (No tag today.)
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