On Thursday, Napolitano appeared on Fox News Channel and said that any form of military action or strike in Syria would violate international law and the US Constitution. The Judge stated:
“You can use military force to attack somebody that’s attacked you, or you can use military force to attack somebody that’s about to attack you. You can use military force to come to the aid of an ally that has been attacked when the ally asks for your assistance.”
Since none of the criteria listed in his statement relates to what’s happened in Syria and that any intervention other than that sanctioned by the United Nations would be a war crime. Napolitano added:
“Who wants this to happen besides John Kerry and the president? Sometimes the president can get lawless – any president – when he has military equipment at his disposal.”
Besides being against taking military action in Syria without UN sanction, Napolitano told the audience that he believes the 1973 War Powers Act is unconstitutional since it gives the president the power to wage war under certain circumstances without the approval of Congress. I have to agree. The US Constitution gives Congress the authority to declare war or take military action against another nation and not the president. It was written that way by our Founding Fathers to avoid giving one person too much power.
So I wonder what will happen when Congress votes no on military action in Syria. Will Obama go ahead without their consent and put the US in the position of violating international law and be subject to war crimes? If he does, I hope and pray that he and John Kerry are charged with war crimes and convicted in an international court. Wouldn’t that be a hoot?