In a letter to Congress purporting to justify his air strikes on Syria last week, Joe Biden cited the United Nations Charter, among other sources, as the supposed authority for bombing a foreign nation. Under the U.S. Constitution, however, only the U.S. Congress has the legitimate authority to declare or authorize American involvement in a war. Even some Democrats have blasted Biden’s actions. Leading political voices such as former Congressman Ron Paul, meanwhile, called the unauthorized attack on Syrian territory an impeachable offense.
Responding to outrage among lawmakers on both sides of the aisle, Biden sent a letter to congressional leaders under the War Powers Resolution explaining the strike and the rationale behind it. According to the document, Biden ordered U.S. military forces to conduct “a targeted military strike against infrastructure in eastern Syria used by Iran-supported non-state militia groups.” Biden also claimed those “militia” groups were “involved” in recent “attacks” that injured a U.S. serviceman in Iraq as well as some contractors. He did not mention that at least 22 people were killed in the U.S. strike on Syria, or that the alleged perpetrators denied involvement.
Perhaps the most chilling element of the letter to House Speaker Nancy Pelosi and Pro Tempore Senate President Patrick Leahy was the reference to the UN. “The United States took this action pursuant to the United States’ inherent right of self-defense as reflected in Article 51 of the United Nations Charter,” wrote Biden, as if the UN Charter, authored by a disgraced body chaired by Soviet spy Alger Hiss, were more important than the U.S. Constitution. Of course, the U.S. government has no need for the UN Charter to justify its inherent right of self-defense, either.
Ironically, Article 51 of the Charter actually purports to limit the power of nations to respond to attacks. For instance, the relevant section claims that the nation being attacked only has a right to respond “until the Security Council has taken measures necessary to maintain international peace and security.” The same article also claims to require that any actions taken by the UN member government in question “shall be immediately reported to the Security Council.”
Interestingly, even assuming the UN Charter is legitimate despite the U.S. Constitution, whether Article 51 applies in this case is not clear. Consider that the document only purports to authorize self-defense in response to an “armed attack” against a member of the UN — troops coming across the border, perhaps, or stinger missiles landing on U.S. soil. Arguing that some alleged “militia” member launched a “rocket” at an airport that killed a Filipino contractor and hurt a U.S. soldier occupying a foreign nation would not appear to constitute an actual “attack” against the nation.
Citing Article 51 also opens the door wide to globalist use of the UN to achieve Deep State objectives in Syria. Among other prescriptions, the section speaks of “the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.” In other words, in response to that alleged rocket by that alleged militiaman, the UN Security Council could launch a war and send in “peacekeeping” troops if it chose to under the Charter.
Because Congress approved U.S. participation in the UN, which is widely ridiculed as the “dictators club,” globalists like to pretend that the UN Charter is part of the “Supreme Law of the Land” — or that it even supersedes the Constitution. In reality, though, the Founding Fathers and even the Supreme Court in recent decades have made clear that treaties, statutes, and international agreements cannot override the Constitution. If the American people believe the UN and its charter, rather than Congress, should decide when to start wars, that would require a constitutional amendment.
In addition to referencing Article 51, and totally ignoring the clear text of the Constitution, Biden cited a variety of imaginary authorities. “I directed this military action consistent with my responsibility to protect United States citizens both at home and abroad and in furtherance of United States national security and foreign policy interests, pursuant to my constitutional authority to conduct United States foreign relations and as commander in chief and chief executive,” Biden claimed.
Finally, Biden also cited the unconstitutional “War Powers Resolution,” which purports to allow the president to launch military action for 60 days without congressional approval if the United States is attacked. The “militia” blamed by Biden for the rocket that targeted an airport in Northern Iraq denied responsibility for the attack. And again, claiming that a rocket fired at an airport in Iraq with some U.S. troops at it is an “attack” on the United States is quite a stretch — particularly when just one soldier was supposedly injured. In any case, Biden has still not briefed lawmakers as required.
Critics from across the political spectrum slammed the illegal bombing of Syria. Former Congressman Ron Paul, who gained a national following of millions of passionate Americans with his presidential run, called for Biden to be impeached. “In fact, initiating a war against a country that did not attack and does not threaten the United States without Congressional authority is an impeachable offense,” Paul said in a column for his Institute for Peace and Prosperity. “President Biden should be impeached for his attack on Syria, as should have Trump and Obama before him.”
More than a few Democrats in Congress have expressed outrage over Biden’s lawlessness, too. “We ran on ending wars, not escalating conflicts in the Middle East,” fumed Representative Ro Khanna (D-Calif.), who similarly blasted Trump when he launched unauthorized attacks in the Middle East. “Our foreign policy needs to be rooted in diplomacy and the rule of law, not retaliatory air strikes without Congressional authorization.”
In the U.S. Senate, while neocons such as Senate Minority Leader Mitch McConnell approved, a number of top Democrats expressed alarm. “The American people deserve to hear the Administration’s rationale for these strikes and its legal justification for acting without coming to Congress,” said U.S. Senator Tim Kaine (D-Va.) in a statement. “Offensive military action without congressional approval is not constitutional absent extraordinary circumstances. Congress must be fully briefed on this matter expeditiously.” Other leading Democrats were similarly upset.
On the Republican side, Representative Thomas Massie (R-Ky.) highlighted the hypocrisy of the Democrats who are now remaining silent. “When President Trump launched an attack against an Iranian general in Iraq, the Democrats offered a resolution to assert that any further attacks against Iran would require the proper approval of Congress,” said Massie, one of a handful of Republicans who supported that resolution. “Now that President Biden has launched an attack directed toward Iran in a sovereign country without permission, I wonder if Speaker Pelosi will be consistent and offer a similar resolution to assert the Constitutional authority of Congress to decide when we go to war?”
Don’t hold your breath, congressman. There seems to be no shame whatsoever in the hypocrisy of members of Congress on both sides of the aisle.
Consider that Biden mouthpiece Jen “circle back” Psaki blasted Trump for an air strike on an air strip in Syria in 2017. “Also what is the legal authority for strikes?” she posted on Twitter after Trump ordered the strike, adding, “Assad is a brutal dictator. But Syria is a sovereign country.” Trump’s attack that was strongly criticized by this magazine and many of Trump’s closest allies. Kamala Harris, meanwhile, posted on Twitter in 2018 that Trump needed to “lay out a comprehensive strategy in Syria in consultation with Congress.”
Abusing America’s military, bombing a foreign country without authorization, and being a raging hypocrite are all bad enough. But to then cite the UN charter as justification for it all is beyond inexcusable. The Biden administration must be held accountable by Congress, the courts, and the American people before the “War Party” gets the United States embroiled in yet another illegal no-win war for the Deep State.
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