Out of luck

     We have all been de-stabilized by the alarming news that Trump ordered the assasination of top Iranian military leader, Major General Qasem Soleimani on Thursday. The issue is not whether Soleimani was a truly bad person responsible for many Americans deaths (he was); but whether he posed such an imminent threat that it merited utter disregard for the law, (both domestic and international), the inevitable retaliation and the unforeseeable consequences of such a rash escalation.

      We all know the answer.  Trump ordered this assassination because he was desperate to shift the focus from his looming impeachment trial and the revelations that continue to emerge from this massive criminal conspiracy masquerading as a presidential administration.  In the last two weeks, while we were busily celebrating Hanukkah, Christmas and Kwanzaa, more damning evidence against Trump has been uncovered.

     Thanks to a FOIA lawsuit by the Center for Public Integrity and subsequent reporting by JustSecurity’s Kate Brannen, we learned that Pentagon officials repeatedly pressed OMB via e-mail to release the Ukraine funds, only to be told that there was “clear direction from POTUS to hold,” (Source:  “Exclusive:  Unredacted Ukraine Documents Reaveal the Extent of the Pentagon’s Legal Concerns,” by Kate Brannen, JustSecurity.org, 1/2/20).  So much for plausible deniability.

     We learned that several senior administration officials, including Defense Secretary, Mark Esper and Secretary of State, Mike Pompeo, tried and failed to convince Trump to release the Ukraine aid because it was in the United States’ national interest, (Source:  “Behind the Ukraine Aid Freeze: 84 Days of Conflict and Confusion,” by Eric Lipton, Maggie Haberman and Mark Mazzetti, The New York Times, 12/29/19).

      In addition, in the brief filed in its case seeking to enforce its subpoena against former White House Counsel, Don McGahn, we learned that the House Judiciary Committee is considering additional articles of impeachment against Trump relating to obstruction, (Source: Committee on the Judiciary of the United States House of Representatives v. Donald F. McGahn,Case No. 19-5331 (United States Court of Appelas for the D.C. Circuit),  Supplemental Brief of the United States House of Representatives at p.7).

    Given the unrelenting pace of new evidence of his guilt and the corresponding escalation of his legal jeopardy, it is hardly surprising that Trump would take this reckless and aggressive step.  After all, he has repeatedly shown that the only interest he is interested in protecting, is his own. Trump could care less about American national interests and he has repeatedly demonstrated his contempt for the safety and security of people in the Middle East.

     In light of Trump’s habitual contempt for the law, it is no surprise that he would carry out an assassination in violation of both domestic and international law.  Carrying out the targeted killing of a senior government official of a sovereign nation that could “set off a potential massive regional war,” without notifying or briefing Congress, is a violation of the War Powers Act, (Source:  “What Legal Authority Did Trump Have to Assassinate Qasem Soleimani?” by Ed Kilgore, NYMag.com, 1/3/20, quoting tweet of Senator Chris Murphy).  Carrying out the assassination in Iraq, without the “permission….of the Iraqi government” arguably violated international law, (Source:  “Was it legal for Trump to order the killing of a top Iranian general?” by Ken Dilanian, NBCnews.com, 1/3/20).

      The dispiriting truth is that the roots of the poisonous enmity between Iran and the United States, and the ability of the heedless dolt to ratchet it up unilaterally, long predate Trump’s tenure.  While it hardly excuses Iran’s role as a state sponsor of terrorism, we must reckon with how our decision to help Britain overthrow Mohammad Mossadeq, Iran’s democratically elected leader, in 1953 and subsequent support for the repressive and incompetent Shah Reza Pahlavi, contributed to the Iranian Revolution in 1978, (Source:  “America’s Great Satan. The 40-Year Obsession With Iran,” by Daniel Benjamin and Steven Simon, ForeignAffairs.com, Nov./Dec. 19). 

    In addition, if we are being honest, for all practical purposes, we have ceded the authority to wage war to an increasingly powerful executive branch for nearly twenty years, through both Republican and Democratic administrations, (Source:  “The Soleimani Strike: One Person Decides,” by Jack Goldsmith, Lawfare.com, 1/3/20).  Despite the evidence of the Bush years, our acquiescence was a gamble that the occupant of The White House would use that power responsibly and morally.  The simple truth is— our luck has run out.