US military filed a lawsuit against Obama

In Thursday, May 5, it was reported that the day before the 28-year-old army officer filed a lawsuit against President Barack Obama. He believes that the war against the “Islamic State” (LIH prohibited in the Russian Federation) is illegal, because not approved by Congress.


Plaintiff Nathan Michael Smith, captain of the scout serving in Kuwait, expressed strong support for the struggle against the LIH, but, referring to the “conscience” and vow to uphold the Constitution, said that before taking a decision to participate in such a mission president had to enlist the support of Parliament.

“I ask the court to tell the president that he should receive the appropriate powers of Congress under the War Powers Resolution on to wage war against the LIH in Iraq and Syria,” - he wrote in the lawsuit.

The administration has asked Congress to pass a new resolution on the use of military force against the “Islamic State”, but lawmakers have not responded. However, the bills on the allocation of funds for the war against LIH could be acquiescence.

Lawyers Smith became David Remes, who has represented many detainees from Guantanamo, and Bruce Ackerman - a professor of the Faculty of Law at Yale University, published a column in a statement last year that the war against illegal LIH and soldiers can challenge the decision in court about it.

Current and former administration officials said that in 2014, faced with the rapid conquest of the “Islamic state” in Iraq, Obama’s advisers presented him with a choice: he could say that Isis bombing yaalyaetsya part of the existing war or that it was a new war.

Obama believes that immediate action was needed to stop the catastrophe, but the Republican-controlled House of Representatives was too dysfunctional to vote on any resolution of the war in 60 days.

In 2011, like Obama’s intervention in Libya, which had lasted more than 60 days without congressional authorization, prompting criticism in the very administration of the White House and beyond.

Captain Smith has faced many obstacles, including the precedents which suggest that when Congress will assign money for the conflict he implicitly authorized it. He also predicted that if the court did rule that the conflict was illegal, the Congress will continue to sanction the bout - possibly giving it a wider scope than Mr. Obama wanted.

“We are in a terrible equilibrium, where the Congress does not want to come and play their role in this campaign, why the President went ahead and did what he thought it necessary to make, - said the professor at Harvard Law School Jack Goldsmith -. It would be much better for all, including the president, if Congress adopted in this more involved. ”

Earlier, Obama said that the authority to conduct a campaign against LIH it gave Congress approved a document on the fight against the terrorist organization “Al Qaeda” after the terrorist attacks September 11, 2001. At the same time opponents of the president’s policies have noted that this campaign is beyond the scope of this resolution.

5 May 2016

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