U.S. Army Captain Is Suing Obama Over Legality Of The War Against ISIS

[Draggingtree]

NPR:

U.S. Army Captain Is Suing Obama Over Legality Of The War Against ISIS

 

May 5, 20161:02 PM ET MERRIT KENNEDY

A U.S. Army captain has filed a lawsuit against President Obama over the legality of the war against ISIS in Iraq and Syria.

 

Capt. Nathan Michael Smith, 28, who is currently on active duty in Kuwait, filed the lawsuit Wednesday in U.S. District Court for the District of Columbia.

 

He argues that the war is illegal because it lacks congressional authorization.

 

He says the ongoing military action violates the 1973 War Powers Act. "Under the War Powers Act, every time [a president] notifies leaders of military strikes, his power to carry them out without congressional approval extends another 60 days," as NPR's David Welna has reported.

 

Here's more from Smith's lawsuit:

 

"The President did not get Congress's approval for his war against ISIS in Iraq or Syria within the sixty days, but he also did not terminate the war. The war is therefore illegal. The Court should issue a declaration that the War Powers Resolution requires the President to obtain a declaration or war or specific authorization from Congress within sixty days of the judgement, and that his failure to do so will require disengagement, within thirty days, of all United States armed forces from the war against ISIS in Iraq and Syria