A Captain of the United States Army has sued President Obama for abusing authority in his fight against ISIS by saying that he does not have the proper authority to conduct a war against ISIS.
The Captain Nathan Michael Smith filed the lawsuit in federal district court on Wednesday, a day after the death of a United States Navy SEAL and roughly a week after Obama announced the deployment of more United States Special Forces.
Smith is asking the court to find the United States involvement in the war against ISIS to be violating the War Powers Resolution of 1973 because Congress hasn’t provided the president the authority to wage war or for Congress itself to declare war on ISIS.
Captain Smith is in favor of the war, but he has stated that he cannot in clear conscience fight a war that does not coincide with the oath that he took up back in 2010 when he was commissioned.
“This lawlessness has made it impossible for Capt. Smith to determine whether his present mission is inconsistent with his oath to ‘preserve, protect and defend the Constitution of the United States, thus requiring him to seek an independent determination of this matter from the court,” the suit has stated.
Smith wants President Obama to ask Congress for new authorization to use military force in the fight against ISIS. The White House claims that it has the authority to fight a war against ISIS. Obama has been using congressional authorizations going back into the George W. Bush presidential era during the fight against al Qaeda and the invasion of Iraq, to fight the war against ISIS.
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