Judge Andrew Napolitano: US killing of Soleimani was odd, out of place, untimely and unlawful
Published
The general’s assassination was odd, out of place, untimely and unlawful. Odd, because the general’s folks had worked with our intelligence folks in Iraq against ISIS. Out of place, because the Iranian general was welcomed by the Iraqi government and was not engaged in any violence or war crimes at the time he was killed. Untimely, because whatever he may have been planning to do was not an imminent attack on the U.S. or on Americans. We know this because Trump administration officials revealed that the president gave the kill order seven months ago, in June 2019. How imminent could an attack have been in June if it had not occurred by January?
And unlawful, because we are not at war with Iran, and political assassinations have been prohibited by still valid executive orders signed by Presidents Gerald R. Ford and Ronald Reagan. The U.S. Constitution limits the federal government’s lawful power to kill to foreign troops in wartime and after due process, neither of which abides here. Moreover, international treaties to which the U.S. is party, as well as the laws of war to which the U.S. subscribes, prohibit preemptive killings except when the target is just about — “certainty” is the standard — to strike. …
