https://www.nationalreview.com/2020/01/lessons-from-the-united-states-showdown-with-the-barbary-pirates/
Jefferson’s example in dealing with the pirates supports the Soleimani strike.
As a fan of The Editors podcast, my ears perked up in the last episode’s tussle between Rich Lowry and Charlie Cooke over the U.S. strike that killed Iranian general Qasem Soleimani. I had argued on NRO last week that President Trump had authority, under the 2001 and 2002 Authorizations to Use Military Force, to kill Soleimani, who not only was responsible for a series of attacks on American forces but was in the middle of planning more to come. Even if a critic, such as Speaker Nancy Pelosi, believed that killing fell outside those past acts, I argued that the Constitution gave the president the power as commander in chief and chief executive to use force without the need for congressional permission beforehand in the event that a foreign nation had already attacked U.S. forces.
Rich, I was pleased to hear, shared that view. It is the same understanding held by Republican presidents, such as Ronald Reagan and the two George Bushes, as well as Democrats — until Obama. But Charlie, to my shock and dismay, disagreed. He argued that Congress’s power to declare war required that it authorize any uses of force abroad. Rich appealed to Charlie’s English respect for tradition by citing Thomas Jefferson’s attacks on the Barbary pirates as a precedent. Charlie responded that the Jefferson example did not support the Trump strike.
As someone who started his career as a law professor writing on war powers, and followed with a book on presidential power, I can’t resist the opportunity to come in on Rich’s side on the Barbary pirates question. While the precedent does not stand as clearly as other examples for the president’s commander-in-chief authority to use force without a congressional declaration of war, it comes very close. And when examined closely, it easily would support President Trump’s strike on General Soleimani with or without the AUMF.