Published on Sep 5, 2013
9/5/13 – On Thursday afternoon, two of Fox News’s more outspoken anti-war voices in Judge Andrew Napolitano and Shepard Smith spoke out against what they believe would be a “war crime” if the United States were to militarily intervene in the Syrian civil war, even after a potential congressional rejection vote. “It is illegal under international law and illegal under the Constitution,” Napolitano told his colleague. “You can use military force to attack somebody that attacked you or you can use military force to attack one that is about to attack you. Neither of those apply with respect to Syria.” He added that, however, a country may legally use military force to enforce international norms when authorized to do so by the United Nations — a situation which has not happened here.
Napolitano also noted for Smith that, technically speaking, “the president can start any war he wants, against anybody he wants for 90 days and nothing congress can do about it” under the War Powers Act. However, he added, that law is unconstitutional.
“If the president is unleashed to do whatever he wants in Syria,” Napolitano lamented, “Congress cannot stop him from putting the 75,000 boots on the ground that General Dempsey said would be necessary.”
“So if they do this, we have committed a war crime,” Smith asserted.
Napolitano agreed, adding that, in the event we strike Syria, there will be no way of stopping the United States. “No judge is going to stop this; no one is going to prosecute the president,” the judge said. “The American people don’t want this to happen; our allies in the region don’t want this to happen. Who wants this to happen besides John Kerry and the president?”
The judge concluded by suggesting that any president can become “lawless” when they have a powerful military at their disposal. “No one seems to care about the law here,” he said. “They just seem to care about politics. Congress lets the president start a war; the president doesn’t care what international law says. He wants to be vindicated politically.”
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