A Trump administration attorney said Friday that federal courts cannot evaluate whether a president is waging an illegal war, even if the war clearly has no grounding in a congressional authorization of force and someone directly impacted sues.
The claim was made during oral arguments in an appeal filed by Nathan Michael Smith, a now-former Army intelligence analyst who sued last year claiming former President Barack Obama was illegally fighting Islamic State terrorists without an authorization for use of military force, or AUMF, from Congress.
Smith, who left active-duty military service in June, supports fighting the jihadi group, but argues doing so has not been properly authorized by Congress. “For me, it’s not a partisan issue,” he told the Washington Examiner outside a courtroom in the nation's capital. "Procedure matters, if we're a nation of laws.”
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