Trump’s military strike on Syria will be illegal

Assad isn’t subject to either of the two authorizations Congress passed after 9/11 to bless the use of military force. He’s not part of al Qaeda, nor a successor organization like the Islamic State—which is dubiously covered under the 2001 authorization as it is—nor is he part of Saddam Hussein’s regime.

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The closest Trump aides have come to providing a domestic legal justification for striking Assad, offered by his former secretary of state, is that Trump possesses the inherent authority to do so as commander-in-chief, a gigantic assertion last used—and ultimately abandoned—by George W. Bush’s administration.

The implications are large and ominous, according to a member of the Senate Armed Services Committee. “If [Trump] strikes Syria without our approval, what will stop him from bombing North Korea or Iran?” Sen. Tim Kaine (D-Va.) told The Daily Beast on Tuesday.

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