Executive Powers and the Targeted Killing of Gen. Qassem Soleimani

Abstract

On January 3, 2020, the U.S. military ordered a drone strike at Baghdad International Airport that killed a high-profile Iranian commander, Maj.Gen. Qassem Soleimani, who led the Quds Force of the Islamic Revolutionary Guards Corps. Gen. Soleimani was the mastermind of Iran’s military operations across the Middle East. The overnight drone strike also killed Abu Mahdi al-Muhandis, the leader of Kata’ib Hezbollah and deputy chief of the Popular Mobilization Forces (PMF) an umbrella of militias in Iraq dominated by groups aligned with or sympathetic to Iran. The reason given by the Pentagon was that “General Soleimani was actively developing plans to attack American diplomats and service members in Iraq and throughout the region.” According to the Pentagon press secretary, the strike was also intended to deter Iran. Early on January 8, Iran attacked two bases that house American troops in Iraq by firing over a dozen missiles as a retaliation. Iranian Foreign Minister Javad Zarif later issued a statement on Twitter, stating that Iran does not “seek escalation or war” and that the missile attack was an act of self-defense.

News of the killing has led to a plethora of analyses and news coverage, mainly focused on the consequences and dangers of targeted killing, a possible war with Iran, and concerns from some senators and members of Congress who have called for consultation with Congress before taking deadly strikes. Some news coverage pointed out the president did not notify Congress before he authorized the taking of action. Specific calls included those from Indiana, with former mayor Pete Buttigieg calling for “consultation with Congress” in regards to “matters of war and peace,” to Connecticut’s Chris Murphy asking whether Trump could “assassinate, without any congressional authorization,” to Democrat Rep. Jan Schakowsky calling on the president to “coordinate with Congress.” In speaking to NPR, Murphy further noted that Trump “does not have any other standing authorization to take out a strike against a country that we have not declared war against.” Some members of the UN Security Council – notably Russia – have condemned the attack. Iran has vowed to retaliate and it remains to be seen if the ballistic missile launches at bases in Iraq that host U.S. troops will be the only act.

However, Trump’s decision to carry out a military strike overseas without Congressional approval or consultation is far from unprecedented. Since Truman, executive power has been vastly expanded mainly because of Congress’s acquiesce to presidential moves to take an expansive view of executive power but also because a combination of U.S. federal court decisions have all undermined legislative attempts to rein in the executive. Presidents of both the Republican and Democratic parties – through a combination of executive initiative and congressional abdication – have engaged in large scale offensive wars, absent congressional war declarations. Much of the criticism in popular news media has little to do with historical precedence and more to do with political opposition to the presidency of Trump.

Keywords: United States, Donald Trump, Iran, Iraq, War on Terror, drone strike, International Policy, National Security, Maj.Gen. Qassem Soleimani, Quds Force, Islamic Revolutionary Guards Corps, AUMF