Under Article 11 of the Constitution, including in his capacity as Commander in Chief, the President has the responsibility to protect the Nation from further attacks, and the Constitution gives him all necessary authority to fulfill that duty. See, e.g., Prize Cases, 67 U.S. (2 Black) 635, 668 (1 863) (stressing that if the Nation is invaded, "the President is not only authorized but hound to resist by force . . . . without waiting for any special legislative authority");
So how does that relate to Al Qaida threat in the United States?
The AUMF authorizes the President "to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks of September 1 1, 2001, . . . in order to prevent any future acts of international terrorism against the United States." 5 2(a),
But wasn't Al Qaida only in Afghanistan?
The AUMF cannot be read as limited to authorizing the use of force against Afghanistan, as some have argued. Indeed, those who directly "committed" the attacks of September 11 resided in the United States for months before those attacks. The reality of the September I 1 plot demonstrates that the authorization of force covers activities both on foreign soil and in America.
I don't know about you all, but this sure sounds like a winning arguement to me.
See In re Sealed Case, 3 10 F.3d at
745; United States v. Duggan, 743 F.2d 59. 72 (2d Cir. 1984) (recognizing that the Fourth
Amendment implications of foreign intelligence surveillance are far different from ordinary
wiretapping, because they are not principally used for criminal prosecution).
Ouch. Is that a leftist I hear squealing? LOL