Main Justice Testing the Limits
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Jun 24, 2025 This week covers the U.S. military's recent actions in Iran, raising questions about presidential war powers and international law. A fascinating whistleblower case from the DOJ unveils ethical dilemmas surrounding immigration practices. The conversation also highlights a pivotal Supreme Court ruling impacting the deportation process and the rights of immigrants. Additionally, the intriguing case of Mahmoud Khalil illustrates the complexities of legal definitions and First Amendment rights, shedding light on the ongoing tensions within U.S. immigration policy.
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Legal Complexities of Iran Strike
- The Iran strike raises complex issues about presidential war powers under U.S. law and international law.
- Legal advisors usually assess both domestic and international law before such operations, highlighting the importance of law even in secretive strikes.
War Powers Constitutional Split
- The Constitution grants Congress the explicit power to declare war, not the president.
- Presidents often justify military actions as not constituting war to bypass congressional approval.
International Law on Use of Force
- International law permits use of force only in self-defense or collective self-defense, requiring necessity and proportionality.
- Imminence of threat is crucial but often ambiguous, raising questions on legality of preemptive strikes.