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Thursday, October 10, 2019

An Interesting Question

In Syria, the USA moved 50 special operations troops from a region along the Turkish border just prior to the current Turkish strike into that country.  That was the extent of the move that President Trump made that has been a major news item this week.

I have already written that it is a bad idea to abandon the Kurds who fought with us as allies against ISIS.  A new question was raised, however, which is worthy of discussion here.  That question is whether or not authority exists for American forces to be used in fighting between Turkey, our NATO ally, and the Kurdish militia in Syria, our fried and ally in the fight against ISIS.

This may sound like a minor issue, but it is far from that.  US forces were sent into Syria by Obama pursuant to an authorization for the use of force passed by Congress in 2001 right after 9-11.  That authorization provides that US forces can be used in military action against the terrorists.  There's no way to include a confrontation and military action against Turkey as authorized by that resolution.  The War Powers Act would let President Trump respond to any attack on US forces for up to 60 days prior to there being a need for congressional action (although there are doubts as to whether or not the War Powers Act is even constitutional.)  Trump could also take action pursuant to treaty requirements, but the only treaty we have is with Turkey, not with the Kurds.  We could defend the Turks were they attacked, but absent congressional action, it doesn't seem as if US forces can just be sent into the fight on the side of the Kurds.

It's a wonder that no one talks about this.  If Congress wants to protect the Kurds, it can declare war on Turkey.

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