City Bar Warns of Restrictions on Trump's Power to Attack North Korea
The Bar Association called Trump's attention to the requirements of the U.S. Constitution, federal legislation and international law.
October 10, 2017 at 06:33 PM
2 minute read
The New York City Bar Association has sent an open letter to President Donald Trump seeking to call his “urgent attention” to various legal restrictions on his power to start a war with North Korea.
“[I] call your urgent attention to the requirements of the U.S. Constitution, federal legislation and international law … and, in particular, to the strict limits our constitution and laws impose on the power of our president to unilaterally commit the nation to war,” Bar Association President John Kiernan wrote. Kiernan noted that the letter was being sent to the White House on behalf of the Bar Association's 25,000 members, who hail from nearly every U.S. state.
The 10-paragraph letter, which was sent last week and was cc'd to cabinet members and U.S. Senate and House leaders, went on to say, “In the absence of an actual or imminent attack on the United States (or in some circumstances on its allies), the president has no authority to commence a war in 'anticipatory self-defense' (sometimes incorrectly called a “preemptive” war) on another nation without prior congressional approval.”
“Although the challenges posed to world peace by the current leadership of North Korea are real,” the letter continued, “bellicose threats and displays of military prowess by that nation do not constitute the type of imminent attack that might justify unilateral presidential action to order a military attack against that country.”
In recent months, President Trump and Kim Jong-Un, North Korea's president, have engaged in increasingly heated personal attacks on each other while touting each country's military might. At the same time, Jong-Un has continued to conduct nuclear tests. The rhetoric and nuclear testing, combined with the perceived unpredictability of both leaders, has spurred concern across continents that war could erupt.
The Bar Association's letter, while not limited to North Korea, appeared to be a reaction to these concerns.
In a “conclusion” section, the letter states that “absent an actual or imminent attack on the U.S., the president is required to seek prior congressional authorization for military action against North Korea.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllNY Appellate Panel Cites Student's Disciplinary History While Sending Negligence Claim Against School District to Trial
The American Disabilities Act, Sovereign Immunity and Individual Liability
7 minute readGE Agrees to $362.5M Deal to End Shareholder Claims Over Power, Insurance Risks
2 minute readJudge Denies Sean Combs Third Bail Bid, Citing Community Safety
Trending Stories
- 1Judge Denies Sean Combs Third Bail Bid, Citing Community Safety
- 2Republican FTC Commissioner: 'The Time for Rulemaking by the Biden-Harris FTC Is Over'
- 3NY Appellate Panel Cites Student's Disciplinary History While Sending Negligence Claim Against School District to Trial
- 4A Meta DIG and Its Nvidia Implications
- 5Deception or Coercion? California Supreme Court Grants Review in Jailhouse Confession Case
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250