Murder On Fifth Avenue

Looking for another basis on which to impeach the Antichrist 'Chosen One'? Repugnants complain that the current articles do not specify a criminal offense. Not that a criminal offense is necessary under historical precedent. But it might be useful to inquire if the dime-store Mussolini made good on his boast that he could shoot someone on 5th Avenue in broad daylight and get away with it. He did not kill anyone on the streets of New York City, but he definitely killed a high government official of Iran on a visit inside Iraq with an armed US drone.

US Person is not arguing whether or not Soleimani qualified as a "terrorist" as currently defined by US law. For the sake of this argument that category is granted. The killing took place in a third country, not inside Iran. If it did it could be argued that Soleimani's elimination was an act of war. Significantly the current defense secretary, Mark Esper testified at his confirmation hearings that neither the AUMF of 2001 (against those responsible for 9/11 attacks) nor the 2002 AUMF (against Saddam Hussein's regime) would legally allow military action against Iran. Thus, an attack against Soleimani inside his home country would simply have been an unauthorized act of war. Not since the Korean Conflict has Congress cared much about exercising its constitutional prerogative to declare war. And even if Soleimani was considered a terrorist, he had nothing to do with the 9/11 attacks or Iraq's previous regime--in fact he was its enemy.

Killing Soleimani inside Iraq is a whole different case, because doing so is arguably a murder under current US criminal law. US Person is not alone in this conclusion. An ex-CIA lawyer, Vikki Divoli, writing at the Daily Beast thinks so, too. Let's look at Section 1116, Title 18 of the US Code. it says:

Whoever kills or attempts to kill a foreign official, official guest, or internationally protected person shall be punished as provided...[herein] “Foreign official” means—A Chief of State or the political equivalent, President, Vice President, Prime Minister, Ambassador, Foreign Minister, or other officer of Cabinet rank or above of a foreign government or the chief executive officer of an international organization, or any person who has previously served in such capacity, and any member of his family,....

This law was passed after Israeli athletes at he Olympic Games in Munich, Germany were killed by terrorists in 1972. The UN required such a law from signatories to a 1973 anti-terrorism convention. Despite what the Department of Barr may think, the US criminal code applies to everyone in the US, including Il Douche.  He has already boasted publicly about ordering the drone strike that killed Maj. Gen. Soleimani, who definitely qualifies as a cabinet level foreign official of a sovereign state with which the US was not in a state of war, on a visit to a foreign country, also a sovereign state with which the US is at peace.  Now, 'bad actors'--including US citizens--have been killed with armed drones by previous presidents, Democrat and Repugnant, but never a foreign official as defined in 18 USC 1116 on foreign soil.  The penalty for premeditated murder under the Code? (This murder certainly is premeditated since Soleimani's elimination was discussed  inside the RICO that currently passes for a US administration prior to the attack.)  The penalty is appropriately, life in prison with no parole.