Saturday, January 11, 2020

Judge Andrew Napolitano: Trump had no legal right to order killing of Soleimani

"America ... goes not abroad in search of monsters to destroy." -- President John Quincy Adams (1767-1848)


The president's supporters have argued that the general's death was revenge for Americans and others killed by the general's troops and surrogates. Trump has argued, more importantly, that he ordered the general's death because of what evil the general might order his own troops and surrogates to do in the future.
Can the president legally kill a person not engaged in an act of violence because of what the person might do in the future? In a word: No.

The president has taken an oath to uphold the Constitution. The Constitution provides only two means for the federal government to kill a human being. The first is pursuant to a declaration of war, which only Congress can do. That permits the president to use the military to kill the troops of the government of the country against which war has been declared. Congress has not declared war on Iran.

The second way that the Constitution permits federal government killings is pursuant to due process. That means that the person to be killed is lawfully in custody, has been properly charged, lawfully tried and fairly convicted of a capital crime, and the conviction has been upheld on appeal.

Roaming the world looking for monsters to slay not only violates long-standing principles of American domestic and international law, but also it violates basic Judeo-Christian moral principles, which teach that the end does not justify the means and might does not make right.
Think about it. If the American president can kill an Iranian government official in Iraq because of fear of what he might do -- without a declaration of war or any legal process -- can the Chinese president kill a Mexican government official visiting in Texas or an American intelligence agent encouraging revolution in Venezuela for fear of what they might do?

16 comments:

  1. " Napolitano sat on the New Jersey bench from 1987 to 1995, becoming the state's youngest then-sitting Superior Court judge.[3]




    Napolitano resigned his judgeship in 1995 to return to private
    practice. He later pursued a writing, teaching, and television career.
    He also served as an adjunct professor at Seton Hall University School of Law for 11 years from 1989–2000. He served as a visiting professor at Brooklyn Law School from 2013-2017. [citation needed]




    Napolitano told friends in 2017 that President Donald Trump has told him he was considering Napolitano for a United States Supreme Court appointment should there be a second vacancy.[4] Ultimately, Judge Brett Kavanaugh was chosen instead."


    from his Wikipedia page
    does he have a beef with Trump for not being chosen?

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  2. America already declared War more on Iraq and their role in a rock continuous as part of that war hence killing proxes or Iranians fighting in the same Arena already Falls under the rubric of the original War

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  3. Are you trying to sound stupid?

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  4. They are international criminal gangsters of the highest rank guilty of high crimes against humanity, in the past, present and future. The downing of a civilian plane carrying peaceful passengers minding their own business blasting it out of the sky is a crime of Biblical proportions. It was a revenge of frustration, since they cannot take it up against the alleged satan. No different than Saddam H, Bin Laden, Bagdadi, Haman, Amalek or any other of those that declared war against Humanity. Toch kedei dibur - they retaliated, only to claim it was a mechanical failure, then banned access to the scene of the crime, then claiming it was a mistaken identity. They can change their story faster than people change their underpants without even blinking. President Trump was right in eliminating Terrorist #1, making the world safer without Sualami

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  5. didnt hear your commenting about Russia doing such

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  6. Same applies to them and to all. Like they say, bo baschunah shelanu and then we see.

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  7. Columbus was likely Jewish https://edition.cnn.com/2012/05/20/opinion/garcia-columbus-jewish/index.html

    That is why America has helped Israel and the Jews

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  8. So sad what Trump Derangement Syndrome (TDS) does to an otherwise intelligent person. And there's no treatment! Symptoms are expected to worsen after Trump's 2020 election victory.
    You have an Iranian general directly involved in the activities of terrorist groups targeting America, Israel and other allies. He's responsible for the murders of thousands, directly responsible. He's planning further attacks and murders. The US gets a chance to take him out without having to blow up any innocent bystanders and they do with outstanding precision. And who's the villain? Not the mass murderer. And why? Because TDS demands anything Trump does, even if it means saving American and Israeli lives while putting a murdering theocracy on its back legs, must be condemned.

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  9. >can the Chinese president kill a Mexican government official visiting in Texas or an American intelligence agent encouraging revolution in Venezuela for fear of what they might do?
    How is that analogous? The Mexicans aren't hostile to China. An American agent in Venezuela is no threat to China. Soleiman was proudly a threat to the US and its interests in the Middle East.
    Tell me, when the Mossad brought Eichmann, y"sh, to Israel for trial, was that you out there protesting that he was illegally kidnapped and that Israel had violated Argentina's sovereign rights?

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  10. why cant you understand the obvious - trump according to his logic should assassinate a number of bad guys some of whom he says he loves? but he wont will he because that is not his true motivation

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  11. To all the devils advocates: what exactly was the purpose of his landing in Iraq? Peaceful purposes? Rest assure that the Intel that reported about his landing, also gave the purpose for his arrival. Why don't you ask Iran what that might have been? Firstly, he had lots of blood on his hand as it is, and why not let us in on the purpose of his visit. Iran, Public enemy #1 thinks, they can inflict harm at their whim with impunity, with all kinds of childish lies, see what it brought them to. They now have the masses demonstrating against the entire regime to resign. They are now imploding from within, ken yovdu.

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  12. Remember Nixon's quote - "he may be a SOB but he's our SOB". His motivation is to distract from the Ukraine inquiry, play to his base and assuage the military's desire to keep their forces safe while downgrading the threat from Iran. Mission accomplished.

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  13. Are you claiming his motivation is 2020 election?
    Even if there's a political benefit, it's still a righteous kill.

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  14. Here is a psak from the AG, saying the srike was lefi halacha


    https://english.alarabiya.net/en/News/2020/01/14/US-attorney-general-Killing-Soleimani-legitimate-Trump-had-authority.html

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