Legal basis for US killing of Iran general depends on threat

A boy carries a portrait of Iranian Revolutionary Guard Gen. Qassem Soleimani, who was killed in the US airstrike in Iraq, prior to the Friday prayers in Tehran, Iran, Friday Jan. 3, 2020. Iran has vowed “harsh retaliation” for the US airstrike near Baghdad’s airport that killed Tehran’s top general and the architect of its interventions across the Middle East, as tensions soared in the wake of the targeted killing.

That would appear to place the action within the legal authority of the president, as commander in chief, to use force in defense of the nation under Article II of the Constitution, said Bobby Chesney, a professor at the University of Texas School of Law who specializes in national security issues. “Legally there’s no issue,” Addicot said. “Politically, however, it’s going to be debated, whether it’s the correct response. In my opinion it’s the appropriate response, but it’s certainly legal.”

Secretary of State Mike Pompeo said the general posed an “imminent” threat. “He was actively plotting in the region to take actions — a big action, as he described it – that would have put dozens if not hundreds of American lives at risk,” he told CNN. There are separate but related legal questions about other aspects of the attack that Iran state TV said killed a total of 10 people, including a deputy commander, five Revolutionary Guard members and Soleimani’s son-in-law. Among them: Was this a legitimate military target? Yes, since the general was a military and not a civilian figure, according to experts.

Democratic leaders of Congress complained they weren’t notified of the strike in advance. Chesney said the administration could argue it has legal authority to protect the troops in the Middle East who were dispatched under congressional authorizations in 2001 and 2002 in the wake of the Sept. 11, 2001, terrorist attacks.

Any retaliation by Iran will be a big mistake, the USA has its cruz missiles read to strike, it will rain living hell on the country ,a thousand stealth missiles hitting targets at night

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