• Maggoty@lemmy.worldEnglish
    1·
    2 years ago

    No. That’s the law as passed by Congress. Either it’s enforceable or it isn’t.

    • Melllvar@startrek.websiteEnglish
      1·
      2 years ago

      It’s enforceable by Congress through their oversight and impeachment powers.

      • Maggoty@lemmy.worldEnglish
        1·
        2 years ago

        Sure. And it’s also enforceable by a court order to the DOD stating they need to comply with the law.

        • Melllvar@startrek.websiteEnglish
          11·
          2 years ago

          Except what they ask for is beyond the power of the courts to grant.

          • Maggoty@lemmy.worldEnglish
            1·
            2 years ago

            No it isn’t. Courts have forced the government to follow the law many times.

            • Melllvar@startrek.websiteEnglish
              1·
              2 years ago

              They have also declined to do so many times on the grounds I’ve pointed out.

              Not every law-related complaint is justiciable, not just anyone can have standing, and there are some things that are the exclusive powers of the other two branches. The court can no more force the President to declare Israel a terrorist state than it can force Congress to declare war.

              • Maggoty@lemmy.worldEnglish
                1·
                2 years ago

                That’s not out of the blue though. They need a basis for doing that. And this is pretty clear law. A ruling that leahy is unenforceable except by the executive themselves would be huge. And ridiculous.

                • Melllvar@startrek.websiteEnglish
                  11·
                  2 years ago

                  sigh I don’t know what else to say and I’m done wasting my time. Your political belief is that Israel ought to be declared a terrorist state? Fine. But that doesn’t change my legal analysis that this lawsuit is DOA.

                  • Maggoty@lemmy.worldEnglish
                    11·
                    2 years ago

                    Hilarious. We passed a law to stop exactly this and you think we’re not allowed to use it. So it’s your legal analysis that the President is allowed to just do whatever they want?

                • Melllvar@startrek.websiteEnglish
                  11·
                  2 years ago

                  A ruling that the court could dictate foreign policy would be bigger and more ridiculous.

                  The law is not being violated; it’s being followed. The law delegates the power to declare foreign states terrorist supporters to the executive branch. The executive branch has declined to do so, and now Congress has declined to force the issue. The courts must defer to the executive’s judgement here–even if that judgement is wrong.

                  • Maggoty@lemmy.worldEnglish
                    11·
                    2 years ago

                    This isn’t foreign policy. Congress absolutely has the right to tell the President they can’t give stuff to war criminals because it’s our stuff. They have to sign off on treaties and arms sales. The Leahy law doesn’t say if the executive feels like they’re war criminals. It says, if there’s credible accusations.

                    You think we have a king. We do not.