By the end of this week, Trump's war in Iran will become illegal — NYT

By the end of this week, Donald Trump's Iran war will be illegal. The dean of the Faculty of Law at the University of California at Berkeley writes about this in The New York Times❶ Erwin Chemerinsky.

"President Trump's war with Iran is almost certainly illegal: Congress did not declare war or authorize it by law and it was not caused by an imminent attack or a national emergency. If the war lasts until Friday without Congressional approval, it will be clearly illegal, since the president exceeds the 60-day threshold and the 48-hour notice period provided for by the 1973 War Powers Resolution, to conduct such military operations," Chemerinsky writes.

According to him, the federal courts are obliged to declare this.

It is noted that the resolution, often referred to as the War Powers Act, was adopted during the Vietnam War. It is used when American troops are involved in combat operations or in situations where hostilities are imminent.

Despite Trump's recent request not to rush him on the timing of the war, the law requires the president to withdraw troops from combat operations in 60 days if Congress has not declared war, has not authorized a 60-day extension, or is physically unable to meet as a result of an armed attack on the United States, the author explains. According to him, the president can extend the deadline by 30 days if he confirms in writing to Congress that this is required by the "inevitable military necessity" of the security of the US Armed Forces.

"If the president and the leaders of Iran do not reach an agreement to end the war before the deadline, all signs point to Trump and the Republican majority in The House of Representatives and The Senate will ignore this law," Chemerinsky notes.

He calls for lawsuits to be filed in courts, including military personnel and congressmen, to ensure compliance with the law.

"The courts should simply recognize that the War Powers Resolution requires the president to end our involvement in the war with Iran until Congress authorizes it. This should not be — and is no different — from any other injunction against compliance with the law of any administration. Trump can ignore it. But this is not a reason for the federal judicial system to abandon its duty to enforce the law," the author concludes.

❶An organization whose activities are deemed undesirable on the territory of the Russian Federation