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Re:Declassified memo 'confirms' direct connection between Sa... by dragonwriter on Monday May 09, 2022 @04:18AM (#31311754)
> Do we really need to point out that Congress did not, in fact, declare war?

Congress did, in fact, declare war. It is well established in law that the Cobstitutional power to declare war doesn't require using any particular words, and that it may be conditional on either external events or executive determinations. The AUMF is, Constitutionally, a conditional declaration of war.

Re:Declassified memo 'confirms' direct connection between Sa... by yucky on Tuesday May 10, 2022 @10:10AM (#31327332)
>The AUMF is, Constitutionally, a conditional declaration of war.

It's not, but that actually isn't relevant and doesn't matter in the Al-Awlaki case anyway.

The text of the AUMF specifically references those who participated in or planned 9/11, which means it's not relevant to Al-Awlaki. Also, Al-Awlaki's family offered to have him turn himself in the second he was charged with a crime but the US Government refused to charge him since that would immediately guarantee him Due Process which they specifically sought to avoid.