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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsWH Says 'Gang of Eight' Was Notified Ahead of US-Israeli Strikes on Iran Amid Criticism Congress Wasn't Consulted
https://www.mediaite.com/media/news/wh-says-gang-of-eight-was-notified-ahead-of-us-israeli-strikes-on-iran-amid-criticism-congress-wasnt-consulted/Just curious......
This attack was not approved by Congress, "again", right? This act of war should then be "Illegal" until Congress approves, right?
If this process is now considered illegal, would there have been an issue if the "military powers that be" decided not to act based on non existent Congressional approval? Why was non existent Congressional approval never enforced as a critical part of the process? This process has now been overridden by the current administration. This needs to be revisited to ensure it is enforced after Trump is gone.
Would they all (thousands of people in the service) be removed from duty and prosecuted for not obeying illegal commands? Remember the 6 from a few months ago. Although Trumps admin tried to prosecute, they couldn't.
So what would happen if all these people refused to act?
PufPuf23
(9,770 posts)Members, 119th Congress
Under the "gang of eight" system, the executive branch of the United States discloses highly sensitive intelligence information to the following members of Congress:[6]
United States House Permanent Select Committee on Intelligence:
Rick Crawford (R-AR), Chair
Jim Himes (D-CT), Ranking Member
United States Senate Select Committee on Intelligence:
Tom Cotton (R-AR), Chair
Mark Warner (D-VA), Vice Chair
Leadership in the United States House of Representatives:
Mike Johnson (R-LA), Speaker
Hakeem Jeffries (D-NY), Minority Leader
Leadership in the United States Senate:
John Thune (R-SD), Majority Leader
Chuck Schumer (D-NY), Minority Leader
2naSalit
(101,762 posts)That, as has been their practice, they only told the repugs about it.
PufPuf23
(9,770 posts)from the article linked in the OP
President Trump monitored the situation overnight at Mar a Lago [sic] alongside members of his national security team, Leavitt posted to X. The President spoke with Prime Minister [Benjamin] Netanyahu by phone, Leavitt wrote, adding that Rubio notified a bipartisan group of lawmakers known as the Gang of Eight before the attack.
Prior to the attacks, Secretary Rubio called all members of the gang of eight to provide congressional notification, and he was able to reach and brief seven of the eight members.
2naSalit
(101,762 posts)That Leavit?
Okay, sure. I still think they only told the reprobates.
haele
(15,292 posts)And were they informed all at once, or via some random e-mail thread or TEAMs Chat?
In that case, I can easily imagine...
"Hey, Karyn, honey - did you forget to add the Gang8Dems mail group to that earlier notification that had to go out a couple hours ago? No? Oh, because the list hasn't been verified since 2024 and is now blacklisted on that new Win 11 upgrade? Heh, okay do it individually...
....forward the notification to the following - Jim Hines. Mark Warner ...Damn, IDF just reported Birds Away... okay, don't forget Schumer and Jeffries..."
Greg_In_SF
(1,160 posts)is not required.
LilElf70
(1,492 posts)almost everywhere I go, that Congressional approval is required to approve any war.
The Constitutions Article I, Section 8 specifically lists as a power of Congress the power to declare War, which unquestionably gives the legislature the power to initiate hostilities. The extent to which this clause limits the Presidents ability to use military force without Congresss affirmative approval remains highly contested.
Most people agree, at minimum, that the Declare War Clause grants Congress an exclusive power. That is, Presidents cannot, on their own authority, declare war.
Greg_In_SF
(1,160 posts)get congressional approval. If it was required, we know he would have done it! He cited his powers as Commander In Chief.
DetroitLegalBeagle
(2,480 posts)But we haven't declared war on anyone since WW2. Every President since then has ordered some type of military action without Congressional approval. Article 2 makes the President the Commander in Chief of the military. Under long standing interpretations of Article 2 powers, the President has broad authority to command the military, including ordering military strikes.
PufPuf23
(9,770 posts)breached to be close to meaningless.
From the article linked in the OP:
According to the Harvard Kennedy School, notification of the Gang of Eight does not legally constitute formal congressional approval:
Though the 1947 National Security Act states that Congress must be kept fully informed of significant intelligence activities, many Presidents have interpreted this clause to mean they only need to notify the Gang of Eight rather than the full membership of the congressional intelligence committees.
Leavitts comments on the Gang of Eight came after Rep. Thomas Massie (R-KY) accused the president of launching acts of war unauthorized by Congress.