Yale Law Prof: Trump 'Threatens to Break Several Laws'

Chalk up another academic against President Donald Trump's moves, threats, and tweets.

Trump's tweets vowing to retaliate against Iranian aggression, billed as "legal notice," are potential threats to violate law, according to Oona A. Hathaway, a Yale Law School professor specializing in international law.

Hathaway's rejection first responded to this Trump tweet:

"These Media Posts will serve as notification to the United States Congress that should Iran strike any U.S. person or target, the United States will quickly & fully strike back, & perhaps in a disproportionate manner. Such legal notice is not required, but is given nevertheless!"

Hathaway responded with 1.:

"This tweet threatens to break several laws.  First, the President cannot notify Congress under the War Powers Resolution by tweet."

Then 2.:

"Second, he claims '[s]uch legal notice is not required.' That's not true. Any time the president involves the armed forces into 'hostilities,' he must – at a minimum – notify Congress within 48 hours."

Adding 3.:

"Third, he is also obligated to 'in every possible instance . . . consult with Congress before introducing United States Armed Forces into hostilities or into situation where imminent involvement in hostilities is clearly indicated by the circumstances . . .' under the WPR."

And 4.:

"Fourth, he is promising a 'perhaps . . . disproportionate' strike in response – that's another promise of an international law violation. Any action taken in self defense (the apparent justification for the strikes) must be necessary and proportionate to the threat posed."

Finally, concluding:

"That any of this has to be said suggests just how insane this situation has become. Where are the White House, DoJ, DoD, State Dept. lawyers?"

Hathaway graduated from Harvard Law School, where Alan Dershowitz is a professor emeritus. Dershowitz has an opposing legal view on the president's constitutional authority here:

"The president has the constitutional authority to take military actions, short of declaring war, that he and his advisers deem necessary to protect American citizens," Dershowitz, who has spent time with the president over the holidays, wrote in The Wall Street Journal.

"This authority is extremely broad, especially when the actions must, by their nature, be kept secret from the intended target."

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