United States Army Captain, and American HERO, Nathan Michael Smith has had it. Captain Smith has filed a lawsuit against President Barack Obama on the ground that the president does not have the legal Congressional authority to wage war on the lslamic State of Iraq and the Levant (lSIS/lSIL). Captain Smith has no problem sending those sand minions pretending to be an evolutionarily stunted version of Modern Man straight back to Hell where they can cavort with their 72 demonic virgins. That is not his beef with the Obama. The “army of butchers,” as Captain Smith refers to them, have to be dealt with.
President Obama does not have Congress’ Authorization for the Use of Military Force. Instead Obama continues to utilize the hangover authorizations for a different war—the war with al-Qaida whereby we invaded Iraq post 9-11. Interestingly, Captain Smith is not just going after Obama. He is equally unimpressed with Congress. While the White House claims it has the authority, it doesn’t. Despite Obama having sent a request for authorization himself, Congress has continued to do what it does best—nothing. So, America wages a war that Smith finds to be in violation of the War Powers Resolution because Congress has not authorized such military activity.
“This lawlessness has made it impossible for Capt. Smith to determine whether his present mission is inconsistent with his oath to ‘preserve, protect and defend the Constitution of the United States,’ thus requiring him to seek an independent determination of this matter from the court,” reads the language of the law suit.
You see, the entire military to could refuse to fight on the grounds of illegal activity. As Stars and Stripes indicates, military personnel are obligated TO REFUSE to follow an illegal order, per the Uniform Code of Military Justice. They don’t get to pick and choose. That can get a soldier court-martialed.
We should all support Captain Smith in this legal endeavor. He is 100 percent correct in his assessment of the war power authorization. Obama’s waging a war sans Congressional authorization leaves this nation at risk of War Crimes. Congress not doing their job in defense of this nation, even if it means fighting a war nobody wants, but a war that is needed, means they are violating their oath to protect this nation, and are derelict in their duties. Leaving the rest of us, sitting ducks.
H/T [Stars and Stripes]