Judge Napolitano: Kerry Mislead Congress Over 'Boots on the Ground'

Wednesday, 04 Sep 2013 05:04 PM

By Greg Richter

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It is impossible to guide missiles to their intended targets without people on the ground guiding them, and Secretary of State John Kerry mislead Congress in saying otherwise, says former Judge Andrew Napolitano.

Kerry gave himself "wiggle room" on Tuesday when he testified before the Senate Foreign Relations Committee, Napolitano said Wednesday on Fox News Channel.

Kerry told the committee, "There is nothing in this authorization that should contemplate it." Those last three words, Napolitano said, give the administration an out.

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People are needed "on the ground" to guide missiles where they need to land, Napolitano said, but the government considers military troops out of uniform or CIA not to be "boots on the ground."

"It is inconceivable that we could send the type of missiles over there that the president and his Republican allies in the Congress now contemplate … without some American human beings, whether they're wearing boots or not, to be on the ground," Napolitano said. "So Secretary Kerry, in my view, was misleading the Congress."

He also noted that the Constitution says that only the Congress can declare war and only president can wage war, so once Congress authorizes action, it can't pull back.

"If the Congress gives him the authorization to send missiles, he can put troops on the ground. And the Congress can't bring those troops back," Napolitano said. "If he stays beyond the 90 days it will require a two-thirds vote of both houses of Congress to get those troops off the ground. That is unlikely to happen."

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