On Judge Napolitano’s ‘War And honesty: The Debate On U.S. Aid To Ukraine’

The former U.S. Judge Andrew P. Napolitano, who used to be a regular (and often the best) commentator on Fox News, has become deeply worried by the U.S. perpetual-warfare, MIC-(military-industrial-complex)-controlled, and (as he has argued) anti-U.S.-Constitutional, foreign polices of aggression.

America was, in fact, founded by people who waged the American Revolution and defeated the British occupying forces (the aggressors then), the King’s “standing army” of occupation — foreign imperialist forces. America’s Founders were warriors against the British empire, and unreservedly against any imperialism, until in 1823 U.S. President James Monroe issued what became The Monroe Doctrine prohibiting any imperial power (meaning especially Britain, Spain, Portugal, France, Russia, and Netherlands) from establishing a vassal-nation or “colony” in the Western Hemisphere. U.S. aspirants to a U.S. empire took it as instead authorizing American imperialism in this Hemisphere, which was a lie, but it stuck, especially when Teddy Roosevelt became President. However, the U.S. Constitution never authorized any such thing: it was fully anti-imperialistic. And Napolitano is resolutely against imperialism. Unlike many judges (especially ones on the U.S. Supreme Court), he really does believe in what the authors of the U.S. Constitution (including its Amendments) meant by their Constitution, and intended this nation — and especially its Government — to be. He now is especially concerned about this in America’s international relations, and about the U.S. Government’s foreign-affairs expenditures. He speaks and writes with great courage about these matters. And what he says about them doesn’t fudge, hedge, or distort, the truth — which almost all other mainstream commentators do.

On June 29th, he headlined “War and honesty: The debate on U.S. aid to Ukraine”, and here is an abbreviated version of it:

Can the president fight any war he wishes? Can Congress fund any war it chooses? Are there constitutional, legal and moral requirements that must first be met before war is waged? Can the president and Congress dupe the public?

andrew-napolitano
Andrew Napolitano

These questions should be central to the debate over the U.S. involvement in Ukraine. What debate? The media are mouthing what the CIA is telling them, and only a few websites and podcasts — my own, “Judging Freedom” on You Tube, among them — are challenging the government’s reckless, immoral, illegal and unconstitutional war. …

Congress cannot legally declare war on Russia, since there is no militarily grounded reason for doing so. Russia poses no threat to American national security. Moreover, the U.S. has no treaty with Ukraine that triggers an American military defense. But Congress spends money on the war in Ukraine nevertheless.

Under the Constitution, only Congress can declare war. The last time it did so was to initiate American involvement in World War II. …

Congress has not only not declared war on Russia; it has not authorized the use of American military forces against it. Yet, it has given President Joe Biden a blank check for $113 billion and authorized him to spend it on military equipment for Ukraine however he sees fit. …

Congress has only authorized weapons and cash to be sent to Ukraine, but Biden has sent troops as well. The U.S. involvement in Vietnam began the same way: …

Now back to the Constitution. The War Powers Resolution, which allows limited presidential wars but requires presidential notification to Congress of the use of American military force, is unconstitutional because it consists of Congress giving away one of its core functions — declaring war. The Supreme Court has characterized delegating away core functions as unconstitutional. …

Don’t be surprised if Biden gives a War Powers Act notice to the Gang of Eight. What’s that? The Gang of Eight is the Congress within the Congress. It consists of the chairs and ranking members of the House and Senate Intelligence Committees and the Republican and Democratic leaders of the House and Senate with which the president shares secrets. …

The concept of the Gang of Eight is antithetical to democratic values. …

Has Russia threatened the U.S.? No. What grave acts has the Russian military committed against the U.S.? None. What is Biden’s objective? He won’t say.

Does the Congress uphold the Constitution? Does the president? The answers are obvious.

Many of his article’s reader-comments at Yahoo News were against what he said. One person, in particular, actually referred to an item of evidence. An “Igor” said: “Russia does pose a grave threat to American national security. The US does have a treaty that is supposed to trigger the military defense, the so-called Budapest memorandum.” Both sentences there are clearly false. The Budapest Memorandum on 5 December 1994 prohibited the Russian Federation, the United Kingdom and the United States from threatening or using military force or economic coercion against Ukraine, Belarus, and Kazakhstan, “except in self-defence or otherwise in accordance with the Charter of the United Nations.” The Ukraine war started in February 2014 when the U.S. Government replaced the existing and democratically elected and internationally neutralist President of Ukraine by a rabidly anti-Russian regime that immediately began terrorizing and killing protesters who refused to be controlled by the U.S.-imposed rabidly anti-Russian leader and his installed U.S. Obama-Administration-approved team. Then Germany and France worked with Russia (despite Obama) to get a cease-fire with the Minsk agreements which Ukraine signed but refused to comply with but instead continued shelling the Donbass breakaway region; and, finally, on 17 December 2022, Russia demanded America and its NATO anti-Russian military alliance to stop their efforts ultimately to become able to position U.S. missiles only 300 miles away from The Kremlin on the Ukraine border (a 1962 Cuban Missile Crisis in reverse and on steroids); and then, on 7 January 2022, both America and its NATO said no — they wouldn’t even negotiate about it. Which side there was threatening the other, and which side was instead defending its own safety? The aggressors were clearly the U.S. side, NOT Russia. Andrew Napolitano’s statement was entirely true. The Budapest Memorandum clearly allowed Russia to invade Ukraine on 24 February 2022. The U.S.-and-allied Governments are clearly lying through their teeth to deny this blatant fact. How could it be otherwise? In 1962, JFK asserted America’s right to prevent Soviet missiles from being posted in Cuba on the same basis that Putin asserts this same right to prevent U.S. missiles from being able to be posted in Ukraine. Fair is fair, and today’s U.S. Government is certainly NOT. The only difference between then and now is that the U.S. side — unlike Khrushchev in 1962 — isn’t even willing to negotiate about the matter but will only lie about it.

Why do so many Americans disbelieve the truth — especially when the history is so clear on it?

Reposts are welcomed with the reference to ORIENTAL REVIEW.
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