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Iran

Trump Should Have Made His Case for War to Congress and the American People

The administration was wrong to unilaterally and unconstitutionally commit the U.S. to war.

J.D. Tuccille | 3.2.2026 7:00 AM

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President Donald Trump and the flag of Iran | Illustration: Walter Arce/Natanael Alfredo Nemanita Ginting/Dreamstime
(Illustration: Walter Arce/Natanael Alfredo Nemanita Ginting/Dreamstime)

The world is undoubtedly a better place after the killing of Iran's supreme leader Ayatollah Ali Khamenei and roughly 40 of his murderous colleagues by joint Israeli and American military strikes. Iran's Islamist regime has slaughtered its own people while encouraging terrorism around the world for decades. But those strikes carry serious risks and costs. Are they worth the tradeoffs? The Trump administration should have made its case to Congress and the already skeptical public and satisfied the Constitution's requirements by doing so.

You are reading The Rattler from J.D. Tuccille and Reason. Get more of J.D.'s commentary on government overreach and threats to everyday liberty.

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War Without Debate

On Saturday, the U.S. and Israel launched much-anticipated strikes after claiming negotiations with the Iranian regime over the status of its nuclear weapons program had stalled.

"A short time ago, the United States military began major combat operations in Iran," President Donald Trump announced. "Our objective is to defend the American people by eliminating imminent threats from the Iranian regime—a vicious group of very hard, terrible people. Its menacing activities directly endanger the United States, our troops, our bases overseas, and our allies throughout the world. For 47 years the Iranian regime has chanted 'death to America' and waged an unending campaign of bloodshed and mass murder, targeting the United States, our troops, and the innocent people in many, many countries."

True enough. The president recited a litany of crimes in which the Islamist regime has been implicated, including the 1983 bombing of the U.S. Marine barracks in Beirut by Iranian proxy Hezbollah, and the October 7, 2023, Hamas attack on Israel, which Iranian forces helped plan. To this list we can add the attempted assassinations of Iranian dissident Masih Alinejad in Brooklyn and of then-presidential candidate Trump himself. Trump also called out Iran's efforts to acquire nuclear weapons. And he urged the suffering Iranian people, who have weathered brutal attempts to suppress protests, to take advantage of the military strikes to overthrow the regime.

Unfortunately, this was the first time many Americans—members of the public and lawmakers alike—heard the Trump administration make a somewhat coherent argument for taking on Iran's government. It came as strikes were already underway despite the Constitution reserving to Congress the responsibility to "provide for the common Defence," "to declare War," "to raise and support Armies," and "to provide and maintain a Navy." Lawmakers were informed of the attack on Iran, but only after the country was committed to hostilities and their related dangers and expense.

Congress and the People Were Never Consulted

"I am opposed to this War," Rep. Thomas Massie (R–Ky.) objected. "This is not 'America First.' When Congress reconvenes, I will work with @RepRoKhanna to force a Congressional vote on war with Iran. The Constitution requires a vote, and your Representative needs to be on record as opposing or supporting this war."

Rep. Ro Khanna (D–Calif.) shares Massie's skepticism towards military action. He and Massie might have voted against authorizing war with Iran even if they'd heard the administration's arguments. Or perhaps they and other lawmakers would have been persuaded. We don't know, because the president didn't make a case until bombs and missiles had already been launched.

No effort was made to convince the public, either, and that's a mistake because the administration has been shedding popular support. An Associated Press–NORC poll published last week found that "when it comes to his handling of foreign affairs, most do not trust Donald Trump to make the right decisions about international military action (56%) or the use of nuclear weapons (59%)." That's despite the fact that "eighty percent of adults express at least a moderate degree of concern that Iran's nuclear program poses a direct threat to the U.S."

Unpersuaded, Americans Are Unprepared for Consequences

That's going to be a problem as the war with Iran has consequences. While the strikes have been relatively bloodless for Americans so far, three Americans are reported to have died. The war has also interrupted shipping in the region, meaning tankers at anchor rather than transporting oil and gas. Oil prices are expected to surge with add-on effects for people filling their cars and heating their homes. The American people might accept casualties and added costs if they're convinced of the necessity for such sacrifices. But that's asking a lot when bodies come home and prices soar for unclear reasons.

For Israelis, the reasons for this war are clear. They've been targeted and murdered for years by Iran's Islamist regime, suffering thousands of casualties as a result. Khamenei, the late supreme leader, vowed to destroy Israel and made every effort to kill its people through terrorism and direct attacks. Israelis have every reason to view the Islamist regime as an existential threat and to work to bring it down.

But a threat to Israel, even though it's a close U.S. ally, is not necessarily a threat to the United States justifying American intervention. The ongoing danger to Israel posed by Iran's government may add to the case for attacking the Islamist regime, but that case still must be made to Congress and the public.

This is especially true since, perversely, American popular support for Israel has eroded since Hamas's murderous October 7 attack. "Forty-one percent of Americans now say they sympathize more with the Palestinians in the Middle East situation, while 36% sympathize more with the Israelis," according to Gallup. Some Americans were undoubtedly repulsed by Israel's vigorous and sometimes misdirected efforts to root out Hamas after the latest and worst of a series of atrocities by the Iran-backed group. Again, better efforts to persuade the public might have kept popular sentiment better aligned with the victims of October 7.

More Uncertainty To Come

The situation isn't going to get easier going forward. So far, Iran's response to the attacks appears to be a burn-it-all-down strategy that involves not just targeting American and Israeli forces but also raining missiles on its Arab neighbors. They're unlikely to cause a lot of damage, but they're inflicting casualties. And then there are the parked tankers and anticipated rises in fuel prices.

Beyond that is the question of what comes next. Above, I commented that the world is a better place for Khamenei and company's removal, but that's no guarantee for the future. It's difficult to imagine worse people taking charge in Iran, but sometimes the world surprises us. Trump urged the Iranian people to "take over your government. It will be yours to take." But we don't yet know who will rise to that challenge and seize the reins of power. That means more uncertainty and danger ahead.

The Constitution requires the president to go to Congress before waging war. Good sense advises convincing lawmakers and the public of the necessity of military action before embarking on such ventures. The Trump administration did the world a favor by decapitating the Iranian government. But it was wrong to unilaterally and unconstitutionally commit the U.S. to war.

The Rattler is a weekly newsletter from J.D. Tuccille. If you care about government overreach and tangible threats to everyday liberty, this is for you.

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NEXT: The Secret Phone Recordings of Henry Kissinger, a 'Habitual Liar'

J.D. Tuccille is a contributing editor at Reason.

IranWarEndless WarForeign PolicyMilitaryIsraelDonald TrumpTrump AdministrationCongressMiddle EastPolitics
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  1. Kungpowderfinger   2 months ago

    Ozzy said it best

    War Pigs with Judas Priest and Ozz

  2. AmosArch   2 months ago

    People are already accusing Trump of waiting until the Iranian protestors were slaughtered while simultaneously opposing the strikes. This isn't the early 1900s anymore. The world moves too fast for the President to have to ask for a permission slip from a fully assembled Congress and Supreme Court on top of a nationwide referendum for every move he makes.

    1. Ersatz   2 months ago

      Roosevelt should have asked congress for their opinion about the D-Day invasion prior to launch. It would have ensured due process for the Nazis.

      *i know, i know .. .not exactly apples to oranges.. or even applicable here but the point about need for secrecy remains*

      1. Kungpowderfinger   2 months ago

        Wait WTF, the US Congress didn’t declare war against all the Axis-aligned countries in WW2?

        Of course we did,

        I understand the need for secrecy. Congress can fuck right off out of military decisions after they declare war as required by the constitution. Then it’s the CINC’s show.

        1. Don't look at me! ( Is the war over yet?)   2 months ago

          The United States Congress declared war on Japan on December 8, 1941, one day after the attack on Pearl Harbor.

          Pretty much just symbolic at that point.

        2. Bruce Hayden   2 months ago

          Nope. Doesn’t work that way. Presidents, for much of our 250 years, have utilized their Article II CinC Power first, and asked permission from Congress later. Congress hasn’t declared war in almost 80 years now, but we have fought off and on, my entire life (I was born during Korea, College during Vietnam, etc).

          So, why the (D)ifference this time? Brand new rules because Orange Man Bad.

      2. Alphonse Gaston   2 months ago

        No, wrong WW II analogy.

        Tojo should have polled the Japanese people before he let Yamamoto attack Pearl Harbor.

    2. damikesc   2 months ago

      Also the issue of Omar or Tlaib leaking everything to Iran.

      And Massie's obsession with Khanna is creepy.

    3. GroundTruth   2 months ago

      Sorry, but procedure matters, even during a war. Otherwise, POTUS just becomes another monarch doing whatever he, solo, concludes is best.

    4. Sometimes a Great Notion   2 months ago

      Aka, The constitution isn't a sucide pack.

      Ok Hildog.

      Hey its not 1900s anymore, why should you have a gun?
      Hey its not 1900d anymore, why should you be able to air your grievances about the government response to Covid?

      1. GroundTruth   2 months ago

        This!

        "The Constitution isn't a suicide pact" comment and attitude always pisses me off. That comment misses the point that the Constitution (and the first paragraph of the Declaration of Independence) are statements of our highest hopes, imperfectly implemented because we are human, but worthy of dying for.

        That is NOT a suicide pact, it is a national creed.

      2. Azathoth!!   2 months ago

        The Constitution is NOT a suicide pact--which is why it was written in such a way that the executive can act when he needs to act militarily so long as he informs Congress in the time allotted by the Constitution.

        They can then declare war or not.

        THAT is how it is written despite what the leftists taught you.

        They also are trying to teach you that you're not allowed to have guns.

        That you're not allowed to dissent, unless you dissent to what they tell you to dissent to.

        That every sexual perversion under the sun is fine--but porn exploits women and thus should be stopped.

        And they created the phrase 'the Constitution is not a suicide pact to use the same way they use the Constitution whenever they mention it-- as a bludgeon.

  3. JFree   2 months ago

    He's made the only case he needs to make to Americans.

    Some of you may die. But it's a sacrifice I'm willing to make.

    1. Earth-based Human Skeptic   2 months ago

      You mean like with unrestricted immigration?

    2. jimc5499   2 months ago

      At least our people are allowed to shoot back this time. When we were evacuating the wounded from the 1983 Marine Barracks bombing we were not allowed so much as a 38 caliber sidearm to protect ourselves. We caught ground fire all of the time.

      1. JParker   2 months ago

        Which wouldn't have been an issue if the government had the decency and common sense to not station Marines there in the firt place.

  4. Longtobefree   2 months ago

    "A short time ago, the United States military began major combat operations in Iran,"

    1. See, we are NOT at war. We are conducting combat operations.

    2. My copy of the US Constitution does NOT say we must give public notice in advance to alert our enemies to combat operations.

    3. Congress has not declared war, so we are NOT at war.

    (As best as I can remember, we have never declared war until AFTER combat operations began)

    1. MyPublicName   2 months ago

      Yeah, you must be remembering wrong. I thought everyone knew the US military basically does nothing at all without congressional approval.

      1. Longtobefree   2 months ago

        Well, yeah.
        On that other time line.
        The one where they were wiped off the earth.

    2. MollyGodiva   2 months ago

      There is no provision in the constitution to allow the president to authorize “combat operations” without Congress.

      1. JesseAz (RIP CK)   2 months ago

        Founders would disagree.

        1. MollyGodiva   2 months ago

          Where is it in the Constitution?

          1. Bruce Hayden   2 months ago

            Molly seems to have a serious problem with reading comprehension. Wonder if she beat Gavin Newsom’s 960 SATs.

            Where does it say, in the Constitution, that the President needs Congress’ approval to utilize our military? The Constitution says that Congress declares war, and the President is the CinC. Nothing more. Presidents for most of our 250 years have chosen that to mean that if they utilize their CinC powers, to employ our military forces, without Congress declaring war, then we are not at war. Here, with Iran, just a little friendly kinetic action.

            1. MollyGodiva   2 months ago

              Article I, Section 8, Clause 11. The Constitution is of enumerated powers and Congress is enumerated with the power to authorize military attacks.

              1. Bruce Hayden   2 months ago

                Section 8.

                The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;

                To borrow money on the credit of the United States;

                To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;

                To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;

                To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;

                To provide for the punishment of counterfeiting the securities and current coin of the United States;

                To establish post offices and post roads;

                To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;

                To constitute tribunals inferior to the Supreme Court;

                To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;

                To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;

                To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;

                To provide and maintain a navy;

                To make rules for the government and regulation of the land and naval forces;

                To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;

                To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;

                To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings;--And

                To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.

                This is what I think you were referencing in Clause 11: To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;

                Notice that it says nothing about authorizing military attacks. Nothing. It merely says that Congress has the power to declare war. Nothing more. We didn’t declare war on Iran, so this wasn’t violated.

                This is why I suggested that you should work on your reading comprehension. The last time that Congress invoked this power was in early December, 1941.

                1. SCOTUS gave JeffSarc a big sad   2 months ago

                  1942. When we declared war on Romania, Bulgaria, and Hungry.

                2. MollyGodiva   2 months ago

                  Declaring war is the same thing as authorizing military attacks.

                  1. Don't look at me! ( Is the war over yet?)   2 months ago

                    Different words means different things.

              2. Alphonse Gaston   2 months ago

                Right.
                The last time Congress declared war was 1941. So of course there have been no "military attacks" since that time.

  5. Gaear Grimsrud   2 months ago

    The administration has invoked the same authority as Clinton, Obama and Biden. The gang of eight was informed on the Tuesday prior and again prior to the hostilities on Saturday. As per precedent the administration has to keep Congress informed and Congress must take a vote in 60 days. I hope hostilities will have ended within that timeframe. I'm not saying that any of this is good but Trump is following established protocols that have survived legal challenges for many decades. Nothing about this war is uniquely unprecedented. Congress can certainly act and members should go on record. But a majority is likely to defer to the president as they always have.

    1. BYODB   2 months ago

      True enough. I might not like the precedent, but I'm afraid that bell cannot be unrung without Congress doing the job they are so very clearly unwilling to do.

      They don't want to be on the record for any of this, and haven't for a long time. The last time they went on the record for a war was, I believe, 9/11 and I'm sure many of us remember how quickly they laid the blame for all of that on Bush despite them having access to the same information and materials and going along with it anyway. Even then, it wasn't a declared war and we were actually attacked that time. It's unclear what it would actually take for them to declare a war these days.

    2. Bruce Hayden   2 months ago

      Only kinda by precedence. What these Presidents have done, essentially, is to conform to the War Powers Act, enacted in 1973, over Nixon’s veto. Presidents since then have honored it, but never acknowledged that it was Constitutional, but rather violated their Article II CinC power.

      1. MollyGodiva   2 months ago

        The WPA does not authorize the president to start wars without Congressional authorization.

        1. Bruce Hayden   2 months ago

          So, we didn’t start a war. Just engaged in a bit of friendly kinetic action. See my previous comment about your reading comprehension.

        2. Bruce Hayden   2 months ago

          Do you even listen to yourself? The WPA (which may or may not be Constitutional) requires that IF the President utilizes military forces, he has to report that to Congress within 48 hours. And that IF the President utilizes military forces for more than 60 straight days, he needs Congressional approval. The WPA was written assuming that the President would, of course, utilize the military forces under his control, as CinC. He just has to tell Congress (after the fact) after he does so, and can’t (unless you are President Obama or Crooked Hillary Clinton), do so for more than 60 days, without Congressional approval.

  6. mad.casual   2 months ago

    Trump should've asked Eric Swalwell, Rashida Tlaib, Ilhan Omar, AOC, etc. for approval before striking Iran?

    Should we take it to a popular vote and get Mahmoud Khalil and Kilmar Abrego Garcia's opinions before doing anything also?

    1. Kungpowderfinger   2 months ago

      Yes, congress critters’ approval for the US to go to war is what needs to happen, and I don’t care what fucking Team Blue did before. They were wrong also.

      Think of it like MAKE THE CONSTITUTION GREAT AGAIN. You can picture it written on a hat if it helps it to sink in to your thick skull.

      And suggesting that “Should we take it to a popular vote and get Mahmoud Khalil and Kilmar Abrego Garcia's opinions before doing anything also?” is as retarded a straw man as I’ve seen here. DJT and his party best have better arguments for their FAFO once the bodies start piling up (civilians and US servicemen)

      1. Idaho-Bob   2 months ago

        June 1942 was a long time ago. I only hear "we need a congressional declaration of war" when a GOP president strikes an enemy (or perceived enemy).

        The genie is out. There's no going back.

        1. Kungpowderfinger   2 months ago

          The genie is out. There's no going back.

          That’s the long and the short of it, unfortunately.

        2. Bruce Hayden   2 months ago

          It got out over 200 years ago. Almost from the first, Presidents have employed military forces without Congress having declared war.

        3. JParker   2 months ago

          This would be a case of selective hearing, then, because I certainly heard this claimed of every Democrat president since LBJ. Before that, I wasn't there to hear, so I cannot claim that this was said before him.

      2. mad.casual   2 months ago

        And suggesting that “Should we take it to a popular vote and get Mahmoud Khalil and Kilmar Abrego Garcia's opinions before doing anything also?” is as retarded a straw man as I’ve seen here.

        Find for me where, in The Constitution, it says what portion of Congress, if any, is required to declare war?

        Because I can point to the '73 War Powers Resolution, duly enacted legislation... from Congress... where it requires 48 hours notification and 60 days for Congress to reel it back in. The '73 WPR stipulates that because Article I, Section 8, Clause 11 grants the power but not the means.

        If half or more of Congress dies in an initial attack, are we unable to declare war in response? What if a third violate the oaths to defend and another third die?

        You may not like my straw men, but I shouldn't have to commit actual bodies to refute your straw men. You want a written law saying the majority of Congress has to approve? Get it passed, in accordance with the MTCGA hat you're wearing. Otherwise, you're just pissing upwind in defense of the leaders of a violent Muslim theocracy.

      3. mad.casual   2 months ago

        FFS,

        Even if you repeal the AUMF, the WPR stands. Even with the WPR, 50 U.S.C. § 3093(c)(2) still allows for covert action *without* notifying Congress (with a *180* day tail).

        The Administration exceeded the requirements *in your preferred direction* going back to '73. Your (lack of) stated requirements aren't meaningful governance or policy, they're just ENB/Emma Camp-style "Why can't I have my pony?" wishcasting. You aren't quoting the letter of any given law, you're just whining because you don't approve.

    2. Bruce Hayden   2 months ago

      To be fair, AOC isn’t Muslim, and the others are likely Sunni, so may have been inwardly just fine with the decapitation strike against Shi’a Iran. Much of the Sunni Arab world was.

      1. mad.casual   2 months ago

        It's almost like my point wasn't that they were Muslim but that they are themselves openly and actively opposed, as well as varyingly subversive, to various portions of The Constitution and any given will of the American people including their own constituents.

        1. mtrueman   2 months ago

          All the more reason Trump should have sought common ground with them, his partners in opposing the Constitution and flouting the Will of the constituents.

    3. mtrueman   2 months ago

      "Trump should've asked Eric Swalwell, Rashida Tlaib, Ilhan Omar, AOC, etc. for approval before striking Iran?"

      Sure. They might have said no.

  7. Don't look at me! ( Is the war over yet?)   2 months ago

    The world is undoubtedly a better place after the killing of Iran's supreme leader Ayatollah Ali Khamenei and roughly 40 of his murderous colleagues

    ‘Nuff said.

    1. MollyGodiva   2 months ago

      Still illegal and wrong.

  8. Social Justice is neither   2 months ago

    We all know if he had you'd lue about what was said and required so why bother? Propagandists like you are the reason nobody listens to or believes journalists anymore.

  9. Set Us Up The Chipper   2 months ago

    1. Iranian leadership decapitated.

    2. Iranians restore a secular government that is not trying to raise the Hidden Imam.

    3. Absent funding to Hamas and Hezbollah, the Arab-Israeli conflict ends.

    4. Abraham Accords in full force across the region.

    5. Peace in the Middle East.

    1. Longtobefree   2 months ago

      6. No peace in the DNC.

      1. SCOTUS gave JeffSarc a big sad   2 months ago

        We can send them to Canada. To take advantage of their euthanasia program.

        https://www.canada.ca/en/health-canada/services/health-services-benefits/medical-assistance-dying.html

    2. Gaear Grimsrud   2 months ago

      Number 2 is the hard part.

      1. GroundTruth   2 months ago

        #2 is an unlikely fantasy

      2. Sometimes a Great Notion   2 months ago

        And #5. Pakistan and Afghanistan are now engaged in war. Saudi and UAE in a not so cold war. Syria is ruled over by Al Qaeda despot and that civil war continues.

    3. Don't look at me! ( Is the war over yet?)   2 months ago

      Number 7 will surprise you!

      1. Kungpowderfinger   2 months ago

        Declaring “Mission Accomplished”?

      2. SRG2   2 months ago

        That is your best post for months.

  10. Longtobefree   2 months ago

    "The Constitution requires the president to go to Congress before waging war."

    Cite the Article and section, please.

    1. Bruce Hayden   2 months ago

      So, we didn’t go to war. Trump and Hegseth just engaged our military in a bit of friendly kinetic action.

      1. MollyGodiva   2 months ago

        That comment does not look any less stupid as you repeat it. Fucking MAGA warmongering shit.

        1. SCOTUS gave JeffSarc a big sad   2 months ago

          Isn’t your Twitter account from, China?

  11. creech   2 months ago

    If Trump's action was an "illegal order," I wonder how many military officers and men heeded the admonishments of the six congresspersons who recently circulated that warning? When the party of the six returns to power in 2027, I wonder how many war crimes trials there will be for those officers who carried out the alleged "illegal orders?"

    1. mtrueman   2 months ago

      "I wonder how many war crimes trials there will be for those officers who carried out the alleged "illegal orders?""

      Zero.

      War crimes are actions that are covered in the Geneva Conventions, like wanton killing of civilians or mistreatment of prisoners of war. Failing to go to Congress is not one of the crimes under the Conventions. Trump may have to eventually face the music, but probably not as a war criminal.

    2. Michael Ejercito   2 months ago

      That is a good question.

    3. mad.casual   2 months ago

      I'm sure they'll promptly defund the military the way they're defunding the entire DHS... everything except the Coast Guard and Secret Service... everything except the Coast Guard, Secret Service, USCIS, CISA, and TSA... ICE and nothing else... something.

    4. Social Justice is neither   2 months ago

      We going after the pensions of everyone that followed Obama & Clinton's "illegal" orders?

    5. Purple Martin   2 months ago

      During my military career (SMSgt, Ret. USAF), discussions around the obligation to refuse illegal orders were not uncommon. One common point of those discussions was that the greater the authority of the military member, the greater the responsibility to refuse a patently illegal order—and thus protect those under their command from having to make that decision. In other words, my responsibility as a Senior NCO was greater than that of a Staff Sergeant or Senior Airman, my commander's responsibility was greater than mine, and the General's responsibility was far greater still.

      So, creech, assuming for the sake of argument that you're asking a serious question (a premise lacking evidence), let's start with:

      DOD Law of War Manual: Section 18.3.2.1
      Clearly Illegal Orders to Commit Law of War Violations
      …
      For example, orders to fire upon the shipwrecked would be clearly illegal.

      So to answer your question, Pete Hegseth, our unqualified, dick-wagging kill-them-all 'War Secretary,' and Admiral Frank M. “Mitch” Bradley, his 4-star, just-following-orders, SOCOM commander, may be in trouble.

      In this case, ADM Bradley may be facing greater jeopardy than SECDEF Hegseth who, as the superior officer giving the original unlawful orders, might find a way to ‘get off on a technicality.’ His denial of ordering General Bradley to kill the survivors—Whiskey Pete's words were something like "I didn't stick around, it was a busy day, I had meetings!,'—his excuse seems similar to Capt. Ernest Medina’s successful defense in the Vietnam My Lai Massacre court martials.

      Paraphrased, Medina said ‘When I told Lt. Calley the village was infested by Viet Cong and to kill them all, he knew I meant the Viet Cong, not every man, woman and child in the village!’

      That does put ADM Bradley loosely in the role of the not very bright, poor-performing officer, Lt. William Calley, whose court martial defense was essentially ‘The Captain was my boss. He told me to kill them all. I followed his orders. I’d do it again.’ He was convicted of personally killing 22 noncombatants. Counts differ, but he and of the 100 soldiers under his command killed 300-500 villagers. Many of the soldiers denied taking part in the killing and others received immunity for their testimony—but only Calley was charged.

      So, ADM Bradley might say, 'The Secretary of War is my superior officer. He told me to blow up the boats and kill the smugglers. I followed his orders.' And, unlike Senator Kelly, he could be called back from retirement to face court martial and be convicted of, while on active duty, both not refusing and giving, clearly unlawful orders.

      Given the My Lai precedent, further court martials of Seal Team Six for following the original orders to conduct nonjudicial summary executions of civilians, and to then kill shipwrecked survivors, seem unlikely.

      You seem unfamiliar with the subject…anything else I could help you with?

      1. Azathoth!!   2 months ago

        All the people on that boat were 'combatants'.

        But nice copypasta.

        1. Purple Martin   2 months ago

          That could be brought up as a possible court martial defense, but the defense would be hindered in the attempt, because the most obvious impact would be to change the act from simple murder, to a war crime.

          Whether your assertion is a fact is among the things to be determined not by you or me, but by the court martial panel. But nice parroting of a typically evidence-free MAGA talking-point-of-the-day.

  12. mtrueman   2 months ago

    "Above, I commented that the world is a better place for Khamenei and company's removal"

    Does the closing of the Strait of Hormuz make the world a better place? The leveling of US bases in the Gulf? Missiles raining down on Israel? I suspect the killing of the man will have negative consequences, not better. I suspect that the man who takes Khamenei's place will be no better, and it's naive to assume otherwise.

    1. Neutral not Neutered   2 months ago

      Yeah we know you are an angry hater who's delusions do not allow for anything good to come to your mind.

      Seek help.

      1. mtrueman   2 months ago

        I see no good coming from dead soldiers or choked energy supply lines. Or one ayatollah replacing another. Maybe some good will come from razing US bases in the Gulf to the ground. Is this what you had in mind?

        1. Bertram Guilfoyle   2 months ago

          Sinwar, Nasrallah, and now Khamenei... so many of your idols have been obliterated recently; and by those Jews you hate so much.

          razing US bases in the Gulf to the ground

          Which bases?

  13. Ben of Houston   2 months ago

    Look. you lost me in the subheading.

    Yes, Trump should have gotten approval. Yes he should have made a case. Yes, I would have voted against it should it have come to that.

    But to claim that this is unconstitutional is absurd, hypocritical, and morally bankrupt. The War Powers act exists. You didn't even mention it or attempt to refute the argument that it applies. The requirement is well known and fairly simple. 48 hours notice AFTER he acts and Congress has 60 days to extend or stop it. That same act that has been used by every president for 50 years for actions just like this

    And again I'm forced to defend Trump because his opponents can't stop lying through their teeth.

  14. mtrueman   2 months ago

    "And again I'm forced to defend Trump because his opponents can't stop lying through their teeth."

    What is worse? Trump starting an ill conceived and unnecessary war or a lying opponent? If you are truly against the war, why do you feel you are forced to defend Trump? The legitimacy of the legal window dressing to cover his ass fades to irrelevancy compared to the blunder of plunging the country into an even bigger fiasco than Bush's wars

    1. Neutral not Neutered   2 months ago

      Paranoia self destroya. Seek help.

      1. mtrueman   2 months ago

        What is worse? You presumably are in favor of the war. The question should be easy to answer.

    2. Ben of Houston   2 months ago

      It isn't about what's worse. It's about deliberately lying for political gain by people who I KNOW are well informed that they are lying.

      And it's a very different thing if Trump does something rash or unwise versus something illegal and unconstitutional. The actions that should result are very different.

      For reality, Congress should get together and vote to determine what should be done.

      However, due to this fiction they are concocting, people are already calling for impeachment and coup.

      And I'm angry because even members of congress are actively lying to the public on social media to support the calls for throwing out Trump.

      1. mtrueman   2 months ago

        " It's about deliberately lying for political gain by people who I KNOW are well informed that they are lying."

        Has something convinced you that Trump isn't lying? Is taking him at his word your default position?

        "And it's a very different thing if Trump does something rash or unwise versus something illegal and unconstitutional. "

        No stupid is stupid. You shouldn't fall for the notion that following the constitution makes blunders or stupid decisions wise or desirable.

        "For reality, Congress should get together and vote to determine what should be done."

        Congress isn't going to pull any of Trump's chestnuts from the fire. Iran is now in the driver's seat. Yesterday, Trump was ready to throw in the towel, I shit you not, with a ceasefire proposal. Iran immediately rejected it.

  15. Dillinger   2 months ago

    he doesn't need approval to drop bombs and he briefed everyone in Congress he was required to brief, Cindy Sheehan. try again.

    1. mtrueman   2 months ago

      Starting a war is serious business. People get hurt. He needs more than meeting the requirements to brief congresspersons.

      1. Dillinger   2 months ago

        okay but la ley is not on your side. also nobody but Iran started a war.

        1. mtrueman   2 months ago

          "also nobody but Iran started a war."

          You think that let's Trump off the hook? It doesn't make his decision any smarter. The idiot apparently thought that killing Khamenei would be enough to make Iran to capitulate, or cause the populace to rise up and take power, or something. Whatever was supposed to happen hasn't, and Trump is already seeking a ceasefire, which Iran, seeing the opportunity to rub his nose in it, immediately refused. What a fitting capstone to Trump's presidency. And the best you can come up with is 'they started it!'

          1. Dillinger   2 months ago

            >> It doesn't make his decision any smarter.

            neither of us knows the result. I'm an optimist.

            1. mtrueman   2 months ago

              Are you happy with the results of the past few days? I don't think Trump is, he already signaled he's ready to call it off. Give him credit though, he's not falling for the sunken cost fallacy. Not yet, anyway.

  16. Neutral not Neutered   2 months ago

    I suppose Fetterman's response and answers to the left media was unacceptable for Reason writers, they had to go 100% Madcow Maddow with cognitive dissonance.

    FU attempting to ignore the calls for destroying the "Great Satan," the USA, and only acknowledging their hate and attacks on the "Little Satan", Israel.

    Time for you to step down for being so fucking unamerican, such an embarrassment to sensible and sane people, and so delusional while calling yourself a journalist.

  17. williams25248   2 months ago

    What if the 535 members of our legislative branch are largely immobilized and made ineffective due to their more radical members? What if at least 50% of the members will oppose anything if it comes from this particular president? Do we just allow the Mullahs of Iran to dictate the process and control the outcome while our legislators play partisan games? Just wait until Iran actually has a nuclear weapon and decides to use it?

    1. mtrueman   2 months ago

      As of Friday, the US is stuck in a Persian briar patch. They are killing Americans, America's partners, destroying American property, and choking off global energy supply lines. Wringing your hands over what the legislative branch does or doesn't do shouldn't be your priority.

  18. JParker   2 months ago

    Trump had an excellent reason for not making his case for war; there IS no credible case.

    The US was not at risk from Iran, aside from the risk to military personnel who are there attacking Iranians (who can certainly be justified in defending themselves), and possibly some "terrorist" attacks. Even those attacks could be minimized by not mucking about in Iranian affairs in the first place. This is not to say that the the behavior of the Iranian government is behaving ethically; it IS, after all, a government. However, this is primarily an issue that the Iranian citizenry needs to address, and I see no issue with individual American citizens supporting them in this. However, the US government has marked all Americans as enemies, whether they wish to engage or not, depriving them of the choice.

    If the US government were to limit military actions to defending the US, they could substantially cut military spending (which it cannot afford in the first place), and de-escalate hostilities with the rest of the world, and link the economies of other countries to the US through unrestricted free trade.

    The US has no enemies beyond those created by US government bullying.

    1. mtrueman   2 months ago

      "there IS no credible case."

      A few less credible cases Trump might make:

      Wag the dog re Epstein. (They're already calling this fiasco Operation Epstein Fury.)

      Next year's FIFA warmonger prize is a sure thing.

      Netanyahu bribed me.

      Netanyahu blackmailed me.

  19. jabbermule   2 months ago

    Democrats only care about the War Powers Act when Republican presidents do the same fucking shit as Clinton and Obama.

    Take your fucking hypocrisy and shove it straight up your fucking ass.

  20. car-keynes   2 months ago

    Looks easy to co-opt persons who took an oath to uphold the U.S. Constitution when not even the public knows the offense that justified your company's retaliation.

  21. Osiris43   2 months ago

    1. There are several members of Congress who cannot be relied upon to keep military secrets. (See Eric Swalwell and Feng-Feng, and others.)
    2. It would have given Iran a heads up so it would have been more prepared to defend and strike out, maybe even before they were hit themselves.

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