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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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1 posted on 09/12/2014 8:05:46 AM PDT by Kaslin
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To: Kaslin

He really wants to be dictator


2 posted on 09/12/2014 8:06:27 AM PDT by GeronL (Vote for Conservatives not for Republicans)
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To: Kaslin

illegal??

who’s gonna stop him?


3 posted on 09/12/2014 8:07:37 AM PDT by cableguymn (It's time for a second political party.)
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To: Kaslin

“Bush made me do it.”


4 posted on 09/12/2014 8:09:35 AM PDT by Pearls Before Swine
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To: Kaslin
Any idea what Osama might have said about this while in the Senate...or during the ‘08 campaign?
5 posted on 09/12/2014 8:09:57 AM PDT by Gay State Conservative (Islamopobia:The Irrational Fear Of Being Beheaded)
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To: Kaslin

Congress will not support the Kenyan’s pathetic “plan”. Except for idiots like Boehner.


6 posted on 09/12/2014 8:12:02 AM PDT by Oldeconomybuyer (The problem with socialism is that you eventually run out of other people's money.)
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To: GeronL

He sure does, or he sees himself as emperor and therefore does not need to go before Congress


7 posted on 09/12/2014 8:13:44 AM PDT by Kaslin (He needed the ignorant to reelect him, and he got them. Now we all have to pay the consequenses)
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To: Kaslin

Republicans shouldn’t fight this. They should take it a step further. Declare war on the Islamic State! Put the declaration on obama’s desk! Then let’s see if he is serious about killing non-ilamic islamists.


8 posted on 09/12/2014 8:14:52 AM PDT by ryan71 (The Partisans)
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To: Kaslin

Anything he does is Illegal.


9 posted on 09/12/2014 8:15:34 AM PDT by SandRat (Duty - Honor - Country! What else needs said?)
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To: Kaslin
Apparently President Obama thinks he can use the authorization given to President George W. Bush in 2001 to go after al Qaeda.

Then he obviously hasn't read the Authorization, which basically holds Iraq accountable for violating the cease fire agreement of 1991.

10 posted on 09/12/2014 8:17:09 AM PDT by Hoodat (Article 4, Section 4)
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To: ryan71
Declare war on the Islamic State! Put the declaration on obama’s desk!

If he were to sign, it would force the use of nuclear weapons by the U.S. military. Anything less would give aid and comfort to the enemy and would be regarded as (yet another act of) treason by Obama and his military leaders.

11 posted on 09/12/2014 8:18:58 AM PDT by Carl Vehse
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To: Kaslin

Liberal chant: War! What is it good for? Absolutely Nothing!

Obama needs a “kinetic military action authorization”
as long as he can send other people’s kids over there to do whatever screwy thing his harvard military planners think the military is supposed to be able to do

This might be a good time to put Hagel’s first LGBQT unit into action on the frontline


12 posted on 09/12/2014 8:19:41 AM PDT by silverleaf (Age takes a toll: Please have exact change)
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To: Kaslin
“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.”

So, Obama is using the authorization to fight Al Qaeda to attack the enemy of Al Qaeda. Thus providing support for Al Qaeda?

The Sunnis who we were protecting against the Shia genocide are now butchering the Shia. We are now on the Shia (and Iran) side against the people we were previously defending?

Both sides seem to hate us as well as each other.

13 posted on 09/12/2014 8:20:04 AM PDT by oldbrowser (We have a rogue government in Washington)
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To: Oldeconomybuyer

The “We Have to do Something” crowd will go along with the Prevaricator-in Chief

Otherwise they will be rasis’ and people might not vote for them, at least that is what the RNC will tell them


14 posted on 09/12/2014 8:21:37 AM PDT by silverleaf (Age takes a toll: Please have exact change)
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To: Kaslin

democrats are not at war with ISIS, the only war they claim is the republicans WAR on women..


15 posted on 09/12/2014 8:22:27 AM PDT by JoanneSD
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To: Kaslin

shame???
as you were!


16 posted on 09/12/2014 8:22:34 AM PDT by gunnyg ("A Constitution changed from Freedom, can never be restored; Liberty, once lost, is lost forever...)
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To: GeronL
He really wants to be dictator

In most ways, he already is.

He does what he wants, violates laws, and ignores the Constitution without any real repercussions.


17 posted on 09/12/2014 8:25:21 AM PDT by Iron Munro ("If you want to test a man's character, give him power." -- Abraham Lincoln)
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To: silverleaf

Kind of like the counter-drug campaign and the counter-poverty campaign.

I get it - no more war.


18 posted on 09/12/2014 8:27:10 AM PDT by satan (The tree of liberty is dying in the drought.)
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To: Kaslin

That’s like wanting to use an old condom on a different date.


19 posted on 09/12/2014 8:29:58 AM PDT by BulletBobCo
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To: ryan71

It would also split Dems.


20 posted on 09/12/2014 8:31:17 AM PDT by Ray76 (Disgusted)
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