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The Clay Travis and Buck Sexton Show
What Gives America the Right to K!ll? — Navy SEAL Breaks It Down
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- [00:00]
David Rutherford
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- [01:38]
Jordy
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Most plans range between 4.99 to 11.99amonth. Your first year terms apply on covered repairs. What gives the United States of America the right to kill? Today on the David R. What's up team? Welcome back to the show. Incredibly grateful for you all and your support. We've been covering some pretty heavy things lately. There's a lot going on in the news. We've got the election stuff that's beginning to percolate all over the place. I'm gonna have more shows on this coming up. We have the, the buildup of the US Military in off the coast of Venezuela. We have the Ukrainian peace talks that seem to be devolving a little bit. We've got some seditious intent from sitting U.S. congressmen and senators that are Democrats. We've got probably a continued fraction in the MAGA movement, America first movement. We've got a lot going on. And the thing that I think is gaining the most traction for both sides because you've got obviously one side, the, the left are saying, you know, this guy's a king, he's illegal, he's a tyrant, he's going to take imperial control over the U. S. Government without any guardrails. He's destroying democracy. And I mean we've been hearing this for going nine years now. It's, it's, that's their attack. He's Hitler, he's this, he's that. We heard it all to where the point now, thank God none of that has any true impact on, on people, normal people in the middle. And you know then you have even traditional kind of Republicans who are beginning to kind of shy away from supporting the president in his policies and what he's trying to do because I think you know, he came in under the guise that he would start no new wars. And that was a big promise to the American public. And I think that really pulled in a ton of people that were in the middle, so to speak, on both sides, right? People that wanted a more common sense approach to US Foreign policy instead of what we've seen for the last 35, 40 years. And I, I, I, I think the greatest kind of unifying idea that brings most, most people that have a strong moral declination if you will, is the fact that America and the, in the US Government, the, the Department of Defense or the sec, Department of War now, the intelligence community, Homeland security, I. E. Border Patrol, you name it, that they have a responsible do a moral responsibility to adhere to certain laws that have been on the books for a very long time in some cases and others, they're relatively new. After 9, 11 and the Patriot act, what that promoted in terms of sacrificing a significant portion of our liberties, as well as really taking the gloves off the intelligence community and what DoD can do in terms of kinetic operations and covert operations around the world. I wanted to address this because I think this is going to be the fundamental issue that is brought forth to attack the MAGA movement, America first movement in the midterms, and then it will be amplified because I believe our election are still on compromised in a very deep and sinister level with an international conspiracy, including a domestic conspiracy that's involved. And we're going to break, really jump into that over the next month or so here. And I will continue to cover that throughout this, this year because it's so critical to the future of America. And what you're going to have is you're going to say, all right, we have lost the moral, the moral stance. We have lost our ability to stand on top of the Hill and say we do things the right way, which there are still quite a few people in this country that believe that, that there is a unique way that we engage as opposed to all the other despots in the world, the, the Putins and the GS and the, the, the mullahs of Iran and Maduro and, and all these other, you know, Kim Jong Un and all these other people around the world who treat their, their populations as, as slaves. And Americans seem to believe that there, there is this moral high ground that we occupy. And so I wanted to cover this today. I wanted to get into this because this is going to be a key component of what will be used against the Trump administration. And then moving takes his place as the candidate, most likely J.D. vance. And a lot of people are saying Marco Rubio will be his, his running mate. And that's yet to be seen or to understand. But these narratives are definitely going to be used. They're already being used to the point where there are sitting US Senators, Mark Kelly in particular, who's going to run for president. Absolutely. Who is basically advocating for US Military personnel and intelligence community personnel and homeland security personnel to defy rightful, lawful orders. So I wanted to dig into what gives the American government the right to kill. All right, the first question you have to ask yourself is, what gives you the right to kill? So, Jordy, Jordy, what Would you say gives an American the right to kill? Not murder. Right. Thou shalt not murder. That's in, that's, that's ingrained in not only our biblical law, but also in our, our actual law. You can't go out and just murder somebody. So what gives us the right to kill? What, what would you say? I would say regular citizens, you have the right to kill in self defense. If you are, if you or someone you know or love is facing grave bodily harm or imminent death, you have the right to kill. Yup. And that would be in your vehicle. If you're getting carjacked, that would be in your home. If your home is being broken into, that would be on the street. If somebody attacks you and you have imminent, imminent bodily harm, you know, coming your way. Right. You say, are there any other places? Well, I was going to say it does depend on which state you live in. It's a little iffy. If you have that right. I got those states, but it's all under self defense. Any other, any in any other way. I can't. You intervene with somebody that's under attack and, and kill the person that's trying to kill the other person. You think that that's a, that's, that's a right? Yes. Okay. Do you think you can. You watch somebody kill somebody or vehicular manslaughter and they run into somebody and then try and run away? Can you run after them and kill them? No. Yep. All right, so it's pretty, it's pretty narrow when you think about it, right. When you or your loved ones or someone innocent person on the street is under threat of their, their life is in danger, then you know the Good Samaritan law, if you will, or, or stand your ground law, or your castle's your home, you know, your castle, your imminent, your domain law, whatever that is, you can, you can in essence defend yourself and kill another human being and still remain in, in that definitive hierarchy of, of morality. Agreed, Agreed. Okay. I, I think the same thing. I, I believe that we, there are circumstances where we, we have the right. That's why we have the Second Amendment. That's why, you know, we have a lot of these laws. I live in Florida, pretty much one of the best states in, in, in the Union to be able to defend you, your property or your family, yourself, your property, your family. And so you're right. Okay, now here's the kicker. How many laws do you think are on the books that place guardrails on who the government, I. E. The executive branch can turn the green light on and engage in kinetic or covert action on America's behalf where killing is involved. How many laws? Yeah, I'm gonna say a lot, but. And I'd probably say it's a little too many. Yeah, the technical number is a ton. Okay. And. And so I'm gonna go through some of these. Yeah, yeah, that's the Latin response. So I'm gonna go through these because I. What I wanted to do is give everybody, put it into context, just the scope that the United States military intelligence communities, homeland age, those law enforcement agencies that gives them the right to engage in killing or inflicting bodily harm on its enemies or perceived enemies. Right. All right. You know, so this is essentially a detailed, legally grounded overview of the primary lawful mechanisms which the United States can authorize and conduct kinetic military strikes, missiles, airstrikes, drone strikes, special operations raids, etc, against foreign governments, terrorist organizations and other national security threats. These are the actual domestic and international legal basis the US Government relies on in. Relies on in practice as of 2025. All right, here you go. The War powers Resolution of 1973. Public Law 93. 148. 50 U.S. 1541-1548. And this was passed 7 November 1973 over. Over President Nixon's veto. Right. Now, purpose as as it is stated in the laws itself, to fulfill the intent of the framers of the Constitution and ensure that the collective judgment of both Congress and the President will apply to the introduction of the United States Armed forces into hostilities. In reality, it has become one of the most contested and widely ignored or reinterPR statutes and US national security law. All right, here are the core provisions. And they place these in. In three buckets, right? The law divides all possible uses of military force into three categories and imposes different rules on each. Number one. Congressional authorization. This is an actual declaration of war. Do you know the last time we had an actual declaration of war by US Congress? World War II. Bingo. Right after the. Yeah. Way to go, Jordy. Thank you. That was last time, buddy. Your ancestors. So it was. It was after the Japanese bomb, Pearl harbor, we had a declaration of war. All right, this is specific statutory authorization. 2000 a tree. There's also a treaty obligation that requires it. Article five of NATO. Right. That would warn us. Number two, if the President has one of the three of these. The clock and reporting rules. Rules below do not apply at all. This is number three, a 60 day clock. Hostilities or imminent hostilities. And this is the statute 1544b Bravo. If us are introduced into these situations without prior congressional authorization into actual hostilities or into foreign territory, airspace or waters while equipped for combat except for supply, repair, etc or into situations where involvement in the hostilities is clearly indicated by the circumstances. The famous imminent hostilities clause. So the legal minds of the Department of Defense or Department of War say you know what? There was imminent hostility. So that gave us the right to flip the switch and send missiles downrange. All right, number four. Yep. President must report to Congress in writing within 48 hours a quote war powers letter, end quote. Forces must be withdrawn within 60 days of the report. 90 days if the President certifies unavoidable military necessity for safety. After that deadline all funding is automatically cut off. The so called funding cutoff or automatic withdrawal provision. So there is a provision that Congress can come in and be like now, now, now, time's up, we're kanking the money, bring them all back. And then number five, everything else, right? Training missions, ship visits, flyovers, evacuations, missile defense deployments, etc no reporting or clock is required for that. All right, all right, so that's pretty established stuff right there of what it requires. All right, so Presidential non compliance. Since 1973 every president from Nixon to the second Trump administration 2025 president has taken the formal position that the War Powers Resolution is unconstitutional to the extent it limits Article 2 Commander in Chief powers. In practice however, they have followed a consistent workaround. All right, and we're gonna, all right, we're gonna say we're gonna go through some of these. All right, President Ford, The Mayaguez Rescue 1975 submitted report consistent with the war powers Carter, the Iran hostage rescue attempt consistent with again Reagan, Lebanon 8283 Grenada 83 Libya bombing 86 consistent with the War Powers Resolution George H.W. bush, Panama 89 Gulf War buildup 90 claim Article 2 authorization and got an AUMF anyways that's an authorized use of military force anyways. All right, Clinton, Bosnia 95 Kosovo 99 Sudan, Afghanistan 98 Consistent with but ignored the 60 day clock in Kosovo. George W. Bush Afghanistan 01 Iraq 03 but he did get AUMs that's authorized military force in those w War Powers Resolution largely irrelevant because of the 0102 Aums Obama, Libya 2011 explicitly claimed action did not trigger hostilities Definition most aggressive reinterpretation of the War Powers Resolution Droning people didn't count. No, not we'll get to that. It gets better. I have a lot here to disseminate. All right, then he had Trump strikes 1718 Solomon strike 2020 Biden Syria Iraq strikes 21 through 24 Yemen Houthi strikes 24 to 25 and then Trump again ongoing Yemen campaign 25 and then you could argue probably the Iranian strikes. And then now what he's doing with the boat strikes against Venezuelan who's been designated as terrorist organization Double Tap. You know so you, you know all these and, and what they say, what they said in the re. What they said, what it said in the research is that Libya 2011 controversy was the hot high water mark of executive defiance. Right? And that was March 19th u. S begins air naval campaign in Libyan operation Odyssey dawn to unified protector Obama administration's legal position State department legal advisor Harold CoE and OLC. The operation had limited mission, low risk of escalation, no troops underground therefore no hostilities under the War Powers Resolution. Just an illegal arms deal, illegal presence of CIA operations. One of my closest buddies was one of the country leads during that whole thing. Really interesting stories. Even many liberal law professor prefers called it a clear violation. All right, current practices as of December 2025 every administration files a 48 hour war powers letter for any significant combat operation, drone campaign, serious strikes, Houthi strikes, etc. The letter always says president is reporting consistent with the War Powers Resolution deliberately not pursuant to avoid conceding the law's constitutionality. The 60 day clock is universally treated as a dead later letter. No president has ever withdrawn forces because of the clock expired. Congress has never enforced the funding cutoff. It would require passing a law cutting funds which is potentially impossible when US troops are in combat. All right, there have been attempts to strengthen or replace the War Powers Resolution that all failed. Now here's the bottom line of the War Powers Resolution. The War Powers Resolution remains on the books as as is ritually cited in every presidential letter to Congress, but it has zero practical restraining effect on the executive branch. The combination of the 2001 AUMF plus expansive Article 2 theories in congressional inaction has effectively sidelined it for virtually all post 911 kinetic most constitutional scholars across the political spectrum now described as a failed statute. All right, so pretty much the one thing that this War Powers Resolution, right, restricts this kind of open engagement, limited engagement warfare has been blown off by every president up to including Trump. Right, so that's the first one. All right, Congressional declaration of War Article 1, Section 8, US Constitution. Full scale war against another sovereign state requires an actual joint resolution or declaration of war passed by both houses of Congress and signed by the President or passed over for veto. Last used 11 December 1941 against Germany and Italy. Extremely weird modern practice. It's not, it's not, it's a non issue. Right. Article one is just a non issue. All right, now these are where it gets interesting. This is where the whole dynamic of our involvement overseas conducting all these strategic military strikes and special operations missions, as well as the intelligence community conducting special activities in all these different areas. All right. Authorization for military for use of military force passed by Conor. The most common modern mechanism for sustained military campaigns, the 2001 AUMF Public Law 10740 is passed on the 18th of September 2001. Just what was it, 19 days or no, September 11th. So it'd be eight days, seven days after 911 this thing was passed, right? This authorizes the President to use all necessary and appropriate force against those nations, organizations or person he determines. He determines planned, authorized, committed or aided in the 911 attacks or harbored such organizations or persons. Primary legal base basis for virtually all post 911 counterterrorism strikes against Al Qaeda, the Taliban, ISIS, Al Shabaab, AQAP, etc, meaning every other terrorist deemed organization falls in line. Still enforced in 2025, repeatedly interpreted by successive administrations. Bush, Obama, Trump, Biden, and now the second in Trump administration to cover associated forces and successors. All right, here you go. Just in case the 911 AUMF wasn't good enough, guess what was passed basically the following year? 2002. Iraq AUMF Public Law 107. 243 specifically authorized force against Saddam Hussein's Iraq. Now this did however get formally repealed in 2023. But residual residual operations were folded under the 2001 AUMF or new authorities proposed new AUMFs. Example 2018, 2023. Attempts to replace the 2001 AUMF or authorized force against Iran backed militias have repeatedly failed to pass in Congress. But guess what? That didn't stop Trump's administration from bombing the holy living out of the nuclear facilities in Iran. Which by the way, don't get me wrong, go for it. More power to you if those people don't have. But it is rolling the dice with a greater wider spreader conflict. All right, all right. Authorization for Use of Military Force to 2001 AUMF Title Public Law 10740 Joint Resolution to authorize the use of United States Armed Forces against those responsible for the recent attacks launched against the United States. And this was a vote in the Senate, 98 to 0 in the House, 420 to 1. Representative Barbara Lee voted no on that. All Right. Exact text. Here's the exact text of the operational section, all right? That the President is authorized to use all that. And the reason I'm doing this, because I want you to understand as you listen to this, I want you to understand that they have these legal, I don't want to call them loopholes because they built, they built the loophole into the language that they chose to use. So listen to the language. And that's the critical aspect, right? That's how the lawyers, which crack me up, the UCMJ or the Defense Department lawyers, or, you know, Homeland or State Department, they all sit around and they're like, what do you think? Who's going to tell them we can't do it? Nobody says anything. And so what? They just keep doing it over and over and over again. And I know what you're saying. You're like, hey, Rut, WTF right now? Weren't you a dude that. That was able to conduct operations as a result of these. Yes, I was. I'm not saying that. I'm not saying that they don't have their place in time. Absolutely not. And I'm going to get to that at the end. So just bear with me while I read you the laws as. As they. As I summarize them as best I could. All right. The extended text of the operative section of section 2A. That the President is authorized to use all necessary and appropriate force against the nations, organizations or persons he determines planned, authorized, committed or aided in the terrorist attack that occurred on September 11, 2001, or harbored such organizations as persons in order to prevent any future. In order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons. And that last piece right there, the language just opens it up, right? So it's what allows you to go from nine, 11, Al Qaeda, the Taliban, not even the Taliban, but Al Qaeda and Al Qaeda financiers and other government sponsored finance, financial operatives or whatever. And then you opened all the way up. So now you're. You've got this whole area of anybody that's committing terrorist attack, I. E. Why do you think now all the cartels are labeled as terrorists? You just recently saw the different sections of the Muslim Brotherhood were labeled terrorists as well too. All right, Key legal elements and how they have been interpreted from 2001 to 2005. Right? The quote, he determines authority is explicitly delegated to the President of alone. Congress does not need to approve specific groups or countries. The President simply notifies them, usually in classified annexes. Of periodic war powers letters. So these are classified letters that he'll put out to the head shed of the Senate in the House, right? And say, hey, this is what I'm going to do now again, I'm not going to get into that now. All right, original core targets, Al Qaeda, the Taliban, anyone who planned, authorize, or committed or aided 9, 11 test expansion number one. And this is in quotations, associated forces. All right, this is 2002 to present. Bush, Obama, Trump, Biden and the second Trump administration all adopted the same legal theory. Groups that fight alongside Al Qaeda, the Taliban or share their objectives against the USR convert cover. Right? So that, that is the expansion. So anybody who is labeled the terrorist organization now all of a sudden, why do you think the Biden administration got away with breaking the law when they were labeling people, especially the January 6th people, as what? You know it, I know it. Domestic terrorists, right? As soon as you get that terrorist label right, on whatever cable or whatever authorization thing, forget it, you're done. You're all. The entire might of the US Is wide open to come down on your head. And again, listen, there are times where this is a necessity, right? I'm not saying this is a comprehensive bad thing. The problem is when it's abused, and we have seen it abused over and over and over again. All right? No statutory definition or list exists. The executive brand decides unilaterally. Current associate forces as of December 2025 officially include ISIS. All branches, Iraq, Syria, Khorasan, Sahel, Somalia, West Africa, etc. Al Qaeda in the Arabian Peninsula, AQAP in Yemen, Al Qaeda in the Islamic Maghreb, Aqim Al Shabaab, Somalia, Taliban still Tehrik it Taliban, Pakistan, TTP certain fractions of the higher at Tahir Hayat Tarir Al Sham in Syria when fighting alongside Al Qaeda elements, I. E. The new president of Syria, former Al Qaeda member. So he definitely knows that if he steps out of line, he falls right back underneath that. Right? All right, expansion two quotations. Successor entities. When a covered group changes its name or splinters, the executive claims the new entity inherits the original authorization. Example, ISIS is treated as a successor to Al Qaeda in Iraq. Very interesting how ISIS came about. If you want to really dive into a phenomenal history of the war on terror, there's a great book out there. I still haven't read it yet. It's on my desk at my house. I'm trying to get through these other books first by Scott Horton that's called Enough Already. And this is a book that outlines the entire history of our involvement in the Middle east, going all the way back to the 1970s and what's taken place and who's led the charge to destabilize the region at the highest level. All right, Geographic scope. The law contains no geographic limitation whatever whatsoever. So if they're operating in Mexico, have at it. If they're operating in Panama, have at it. If they're operating in Canada, have at it. If they're operating in Venezuela, have at it. All right, used in Afghanistan, Pakistan, Yemen, Somalia, Libya, Syria, Iraq, Kenya, Niger, Cameroon, Mali, Burkina Faso, Chad, Djibouti, Philippines, Cuba, Guantanamo detention, and others. There's no sunset or expiration date, unlike 1991 in the 2002 AUMFS. The 2000 version has no termination clause. Why? Because terrorism never ends, right? When you fight against a adjective, a verb, or, or some infinite grammatical definition, guess what, man, that's great for business. If you're in the business of waging war and training and, and taking bad guys off the the battlefield, then there's nothing better than to go after the anomalous, constantly evolving terrorists that exist in the world. All right, no sunset or. I read that. Types of operations authorized. Here we go. Ground combat to Afghanistan, 2001 to 2021. Boy, we walked away with a huge victory on that one, didn't we? Hoo ya. Awesome job, guys. All right, and again, again, I fought on the ground there for 10 years, right, in different capacities with the SEAL teams, Blackwater and the Central Intelligence Agency. And there I worked with incredible human beings that were willing and did sacrifice their lives for what we believed was a righteous mission. Okay, just so you know that I'm not hammering the guys that were on the ground, men and women that were doing the job. That's not what I'm saying. All right? I love my service. I love the people I served with, and I feel incredibly honored to have been part of that. That unit and the units that I was a part of. All right, Drone strikes and airstrikes. Thousands in Pakistan. I was in Pakistan for a bunch in 2011. More drone strikes than every year combined conducted. Yemen, Somalia, Special Forces raids. Right. Or Special Operations force raids. Example, the 2011 bin Laden raid, which took place where? In a sovereign country of Pakistan that we had no War Powers resolution against. But because of the AUM, they're on the battlefield. All right. Also the 2019 Baghdadi raid, and by the way, greatest Trump after action speech in the history of Trump speeches where he talks about killing Baghdadi. But if you want to watch A hilarious thing. Shane McGillis has a bit on this. Absolutely phenomenal. Hilarious. But again, outside the general purview of kinetic actions. Right? President's like, we're going to kill him. Let's kill him. He died like a dog. He died like a dog. He died like a sad dog, crying, oh, please take the dog off my balls. Please, man. I gotta work on that. I'm sorry. My impressions suck. All right? Cyber operations, when classified as a use of force. That's what I love, right? Cyber operations anywhere, anytime, against terrorists and can be in quotations as a use of force. Right, right. All right, now, there have been a bunch. There have been people out there who really like, you know, this is ridiculous, dude. We can't keep just this open book of. Of kinetic opportunity. It's just not. It's not right, man. It's not morally right. And so what they do is they rogered up and they wanted to fight against the system. They wanted to do the right thing because they felt that the moral high ground we had, we had allowed ourselves to move down into the trenches of. Of the very Malthusian realities, to what it means to wage war against the people that want to wage war against us. And also, I just want you to know I'm not a moron. I'm not naive. I'm not Pollyannic. I'm not stupid. I do realize that there are many, many millions of people around this world that would like to see the United States collapse. That's just the way it is. It's the way it's been in every major civilization throughout human history, that everybody wants to take the big guy down on the block. Just like, how did we get our start? We thought we'd kick the snot out of the Brits, and we did. And we got our own country. Country. All right? So I'm not saying that this isn't a reality. I'm not. I'm not saying that. All right, now, here's the deal. There's. There's also been multiple attempts to repeal these AUMFs. But before I do that, I just want to give a huge shout out to one of our favorite sponsors by far, man, Patriot Mobile. I just love this organization. I love the people that run it. They're such. They're incredible groups. Unbelievable. And every so often, something happens that reminds us just how fragile our freedoms are. Right? We talk about this show as a reminder that we can't afford to take our rights for granted. We must draw a line in the sand. And our friends at Patriot Mobile have been doing just that for more than 12 years. The truth is there is only one provider that boldly stands in the gap for Americans who believe freedom is worth fighting for. And I am that guy. There's no doubt that I don't. I don't believe freedom is worth fighting for. But this company that I I stand behind, Patriot Mobile. They believe that not only are they leading the red economy, they're also outpacing the competition and technology. 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- [39:42]
David Rutherford
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- [41:12]
Jordy
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- [41:42]
David Rutherford
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- [43:13]
Jordy
So there have been multiple attempts, right? 2013 to 2021 Obama and Biden administration both publicly called for repeal replacement but never pushed that hard. Right? We're going to repeal the aum Vote for me now. When they get in, let them have it. 2021 House and Senate vote voted to repeal the 2002 Iraq Aum. Successful. And that's great. Let's repeal this one and make it look like we care, right? March 23 Senate voted 66 to 30 to repeal the 2001 bipartisan led by Tim Kaine and Todd Young. It died in the House. Didn't even get to a vote. 2024-25. No serious repeal efforts succeeded under the second Trump administration. Instead, the administration continued to cite it for Houthi strikes, Syria, Iraq, military strikes, non go and counter ISIS operations. And now what other operations that we just enhance, right? All these cartels that are now terrorist organizations with the top one on the food chain being Venezuela now. All right, current status still fully enforced. Primary legal basis for every U. S. Counterterrorism kinetic strike worldwide except purely defensive actions against national nation state forces. Example, Houthi missiles defended under Pure Article 2. But offensive strikes against Houthi targets sometimes folded under the 2001 AUMF when AQAP elements are co located. The Biden and the second Trump administration both submitted identical classified lists to Congress every six months naming the same 12 to 15 associated forces. So the reality is the 2001 September 11, 9, 11 reaction is that AUMF is the pretense for all the strikes you're seeing take place right now. That's the reason why we're allowed to go around and whack people all over the world because they're terrorists. All right, now here's the, the next one. This is Article 2, Commander in Chief authority. This is presidential unilateral action. Now I listen, I understand there's a lot of information. But you, you, you come here because you want all the information. You want to contextualize it, you want to hear the reality of it instead of the little bits and the pieces and the propaganda on both sides, right? So this is the, the totality of it. And I'm not, I mean this, for each one of these I could do an entire two hours on. So I'm just trying to abbreviate it. Sorry, just bear with me. Article two, commander in chief authority. All right. The executive branch claims inherent constitutional authority to use military force without prior congressional approval in three main scenarios. A, national self defense, respond to actual imminent attack. Classic example, strikes to prevent an imminent armed attack on U.S. territory, embassies or forces. The 2020 Solimani strike in Baghdad was just partly under imminent threat theory. Eminent threat theory. Always love when the three, the critical theories come out. Right? All right. B, Protection of US persons or critical national interests abroad. There you go. Let's say we've got an embassy, we've got a big corporation that has a headquarters somewhere. Its people are being terrorized or whatever that gives us the author the authority. Right, Okay. C Collective self defense of allies under treaty obligations. All right, this is the famous one that's been all over the place because of the Ukraine war. Right? If we allow Ukraine to become a member of NATO, they fall into this most clearly NATO Article 5 invocation after 911 only time ever invoked. Also used for defense of partners. Example defending Iraqi government or SDF. SDF partners against ISIS. This is has a war Powers Resolution overlay. President of both parties or both of both parties takes the position that the WPR is constitutionally only the extent it recognizes Article 2 authority in practice. Every administration since 73 files WPR letters within 48 hours introducing forces into hostility or situations where hostility are quotation imminent but almost never seek specific congressional prover within the 60 to 90 day client. All right, the next one. Number four United Nations Security Council resolutions which basically have, you know, no, no weight whatsoever. I mean there's been all kinds of people that have said we need to do this. The most famous one obviously was the Iraq war when you had Colin Powell, you know, you know, this is a slam dunk comment. You know, all made up intelligence, all bogus, all bull convincing the world that Saddam Hussein was a part of Al Qaeda and had intent to get a new all, all garbage. Everybody knows that it's not disputable. If you still live in a place where you think the Iraq war was justified, then you know, go back to, you know, watching your daytime soap operas and check out because you're 100% irrelevant in terms of your of foreign policy understanding. All right, it's just that's been settled and done for years now. All right, now this provides international legal authority, not domestic or US authority but often cited as additional justification. You had the Gulf War, did it? Libya, no fly zone. You know, some other measures. All right, host nation. All right, next host number five host nation. Consent or invitation when the recognized government of the country in which strikes occur consents. Iraq consented, Syria has consented, but you did have no consent from the Assad regime. So US relies on article two plus inability slash unwillingness theory against isis. That's a little tricky right there. The whole war in, in Syria, Scott Horton talks about that, how we essentially funded Al Qaeda and ISIS to go into Syria to take down the Assad regime in order to do what potentially Put in our own puppet at the time, kind of it seems odd that we would put in a Al Qaeda puppet like we do now. But you know, again, when you, when you evaluate these powers and what it gives the government of what it gives our government the opportunity to do in the name of quotations. Terrorism is really vast and it allows us to begin effectuating politics in a more overt war way instead of doing covert warfare that the Central Intelligence Agency and its predecessor the OSS had been doing since World War II. Right. OSS worked in conjunction with different mafias around the world, different criminal organizations in the prosecution of World War II. And then in 19, the most famous one, immediately after the CIA's participation in rigging the Italian elections to get rid of the fascist communists. And then 53, ousting the democratically elected head of Iran and putting in the Shah because we didn't want that. And then all these dozens of other operations, right. Host nation consent. All right, number six, unable or unwilling. That's in quotations doctrine, customary international law claim. I'm going to blow over that current December 2025 actively legal bases and use. All right, here you go. Virtually all counterterrorism drone slash airstrikes worldwide fall under the O1 AUMF Article in Article 2 ongoing strikes against Houthis in Yemen, Red Sea shipping attacks. Article 2 Self Defense A 2001 AUMF and to the extent AQAP is involved, strikes in Syria, Iraq against Iran, Iran backed militias. Article 2 Protection of U.S. forces, 2001 AUMF, AUMF, ISIS or Pure self defense. Potential strikes on Iranian nuclear facilities or leadership would almost certainly be justified on Article 2 Imminent Threat Theory. Exactly as 2020 Solomon Strike was. All right, all right, so what'd you learn in that, Jordy? Well, I mean I have a pretty extreme reaction to this and you might have to talk me off a ledge or talk some sense into me, but that sounded like a lot of complicated ways to say we can do whatever we want to do. Oh, that's a hundred percent accurate. And, and these legal doc. I mean I'm just skimming the headline of these things and you can go and you can, you can dig deeper on all these, which I recommend you do. Go to chat GPT, go to Grok. I think Grok's the best one. That's where I do most my research from. And then I just keep digging in, digging in. So if you can go and you look at these whole statutes, these things are like, like this, right? They're not just you Know, in the Constitution, a couple, you know, War Powers resolution and all that. They're, you know, war powers act like these are nuanced, very particular language that remains ambiguous so that we can have this vast, this vast array of opportunities under the guise of, of this aumu, which is targeting terrorism. And that's been this tool that nobody's wanted to restrict. Pull back because why it means like, you know, you, you can come out of the shadows and you're, you don't have to wage clandestine covert war. That is illegal. But under the, the main commentary of plausible deniability. Right. We, they, they get away with it many other things or, or whatever it. They, you know, in the, in the intelligence community, they classify under these same things as well too. It's not just the department of War. War. All right, are you ready? Let's shift. Let's talk. But what you're saying. Yes, pretty much. If we designate somebody a terrorist, we can authorize a kinetic strike on them. And that strike, you know, is everything from drones to cyber special ops to covert clandestine ops to kidnappings to, you know, everything, everything you can think of in, in the middle of that. I don't know if you want to get into this now, but sometime I want to bring up, I don't think that, I mean, this is a lot of words and a lot of documents to say you have this authorization. I don't think they need any kind of laws. Can't they do whatever they want to do with or without these authorizations? I mean, who's going to stop them? Well, now you're getting into the moral conundrum, and I'm going to address that here at the end at. Let me just work through this. All right? All right. What is illegal for the government to do? What is it verbatim? Say, can it be illegal? Huh? Can they do anything illegal? According to who? Oh, yeah, there's a bunch. I'm going to give you some right now. Here we go.
- [54:38]
David Rutherford
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- [56:09]
Jordy
How are USDA staff cuts and budget challenges affecting farmers? My dad and I both have a CSP contract, but the staff can't check the fields to approve them for us to get paid. We're going through a very bad economic time. If we don't have the funds to support our conservation practices, we're gonna see a major drop off in producers. I don't know guys, this is scary. I got a young family, a young business and have no idea what's going to happen. Protect conservation funding and staff that supports farmers paid for by investing our land. Managing multiple accounts and logins for your marketing needs is like managing multiple announcers for one ad.
- [56:49]
David Rutherford
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- [58:11]
Jordy
All right, this is what's what is illegal legal. All right, Legally grounded Summary of kinetic actions, lethal uses of force, airstrike, drone strikes, raid, sabotage with explosives, assassination, etc that are prohibited for three categories of U. S actors as of December 2025. Illegal means either A flatly prohibited by the U S. Statute or binding executive order or B only lawful under extreme narrow conditions that almost never meet in practice. All right, here we go. So this is the for the intelligence community, the CIA and to a lesser degree other Title 50 agencies. And I think there's 17 or 19 intelligence agencies. So assassination, targeted killing of specific individuals by name in a protected status. All right, there's a. All right, example. They cannot put together a foreign leader on a kill list the way DoD can with an HVT under the 2001 AUMF. So the agency can't do it, but DoD could probably get away with it. All right, got it. Covert lethal action not reported to Congress under Title 50. All right? Must give prior notice to the gang of eight or finding plus retroactive notice and external ordinary cases. No presidential fine, no lethal court covert action. The CIA cannot legally run its own independent drone or raid campaign unless the president signs a finding and notifies congress. Yeah, yeah, right. Any kinetic. Didn't they didn't Obama killed. Yeah, never mind. Anyway, any kinetic action in a country where the US is not in armed conflict. Right, and this is where the this is includes DoD AUMF Article 2. CIA has no independent war authority. It piggybacks on DoD's AUMF. All right, CIA drone strikes in Pakistan, Yemen, Somali 04 to 18 were legally justified only because they were folded under the DOD's 01 AUMF authority and conducted in coordination with JSOC. Right, that's SEAL Team 6, that's Delta, that's a couple other covert units. Units pure CIA Unilateral strikes in non battlefield countries are illegal. All right, here you go. Department of Defense Title 10 forces, conventional military, JSOC, et cetera. Any offensive kinetic action not covered by declaration of war, specific AUMF Article 2 self defense actual eminent tech host nation consent. The SOFA implied authority. We went through all those. Right, right. All right, here's some of the other things. Use of military force inside the United States against U.S. persons except for very narrow expectations. And this is the POS COMAS Act. 818 USC 1385 plus DoD reg regulations. DoD drone strikes or raids on US soil are guests against. Against the US citizen terrorist is illegal. The only real exception is eminent self defense or military bases. Huh? All right. Oh, here we go. Here we go. This is what everybody's bent. Employing US military personnel to enforce force domestic law. Again, Posse comitata, same statute. National Guard can be used under state control or Title 32 but regular military cannot conduct raids etc inside the US that's what everybody's going nuts. But Trump is doing what? Who's he using? National Guard, Reserve National Guard. We just saw that poor girl get murdered on the streets. All right, nos non government organizational. All right, true nos private military contractors when not under DoD contract charities, etc, any lethal kinetic action on behalf of the United States. 18 USC 1119 murder of US nationals abroad and 956 conspiracy to kill, kidnap abroad. Neutrality laws, Arms Export Control Act ITAR and general federal murder slash assault statues. Private US citizens or NGOs have zero legal authority to conduct airstrikes, raids or assassinations on behalf of the US Government. Examples of illegal actions. A private drone company launching hellfires in Yemen on CIA requests without DoD. Oh, this is my favorite Blackwater style. Contractors conducting offensive raids. Not, not under Title 10 Command Post 2008 rules require they be under DoD chain of command for lethal operations. An NGO or church group sabotaging Iranian centrifuges with explosives that cross, that crosses into terrorism. All right? Private military contractors are part of that, conducting offensive combat operations. All right? Yeah, those contractors, dude. Yeah. Yeah. And then I, I, there was a summary table of what's flat, flat out illegal. More of the same. It's, it's, you know, private companies or nos or cutouts or contractors doing this. So it's kind of if the government, if the executive branch says it's okay, then it's okay. Okay. And if they don't, it's not okay. Well, the executive branch first has to like go big and be like, this is it, this is the deal, right? Yeah. They're terrorists. So you're cleared hot for these type of operations. Then what you do is you wrap your intelligence community underneath your DoD operations and you combine them with JSOC. So JSOC always gives you the top cover to conduct these types of operations, but it all comes from the the president saying they're terrorists. 100%. The whole thing starts right there under the 2001 AUMF. Right? That's where the whole thing is. All right, now that's a lot again. And we're 54 minutes into this thing, so I'm going to try and wrap it up here soon. But I just want to touch on one thing. All right, I asked grok this and I thought this was fascinating. How many prosecutions and convictions of these crimes times has there been since 1945? Right. Legit questions. How many illegal operations that we found out about? Right. Government overthrows, targeted assassinations. Right. Illegal weapons sales, whatever. All right, all right, I'm gonna read it. All right. Based on a comprehensive review of historical records, legal analysis and official reports, the number of U. S. Government officials, including military personnel from the department of defense, members of the department of war, members of the intelligence community, such as CIA officers and any other federal actors prosecuted for the kinetic related crimes outlined in prior discussions. Example, unlawful offensive strikes not covered by AUMF Article 2, Peacetime Assassinations under E Executive Order 12333. Violations of war powers resolutions, posse comitatus act, breaches involving lethal form of independent private lethal operations on behalf of the US since 95 is how many. What's your guess, Jordy? Two? That would be saddle. Yeah, I was just being optimistic. Yeah, you were. There have been no prosecutions. So what? Jordy was insinuating that this is wide open. Nobody's going to contain it, nobody's going to control it. That's the truth. Now, I don't know what it's doing to you or what it it makes you feel, but let me give kind of a counterpoint to this, right? All right. I think everybody knows. I think after, after the COVID where we realize how much of what we've been told in the past has, has, let's say a moral flexibility built into the. The information or narratives that have been pitched for many, many, many decades. Not just whatever, you know, all the way even before World War II. This goes way back. You know, you have to recognize that the reality is when you are a dominant factor in any particular political endeavor, militaristic endeavor, industrial endeavor, financial endeavor, shipping endeavor. I mean, just go down the list, right? Whether you're talking about oil extraction and production, whether you're talking about finance, whether you're talking about weapons developing, weapons sales, or you're talking about criminal Enterprises, or you're talking whatever it might be, the reality is, is when you represent a threat to other people and their desire to accumulate wealth, power and control, there's going to be these types of warfare that engages espionage. Cyber warfare now is exploding. You have criminal enterprises that are partnering with public officials. You have criminal enterprises that have involved themselves in our politics, in our voting and all different just. I, I highly recommend the book Stolen Elections, you know, as well as a documentary by Professor David Clements, Let My people Go. And what you need to recognize now back, back what a hundred, you know, not even, you know, 80 plus years ago when people wanted to, when leaders wanted to capture land, change things, they just would overthrow the government or they'd create their militaries or there were revolutions all over and they would do it well. Now life has become so sophisticated with how we do. We've entered into a permanent state of, of what many people call hybrid warfare or fifth generation warfare or psychological warfare, a covert clandestine warfare that includes all the above. That's the reality of what we face. China is, is a threat. Are they going to invade us? Not likely. Are they going to launch nuclear missiles? Not likely. But are they actively working with other groups, groups or organizations or political leaders around the world that want to take us down? Yes. They make tick tock if they, Russia, Iran, South Africa, India, you know, everybody's got their own interests. Every country, every leader has their own interests. And sometimes these interests come together because of a grander plan or grander desire. And, and, and then what does that have? And also we have that taking place internally, domestically. Anybody that tries to convince you that open borders is a good thing for a sovereign nation is trying to take you down. Period. Anybody that is trying to imprison or indict its political opponents is against the American system. System. It's just the way it is. Anybody that is requiring defund the police, wants the system to collapse. Anybody that is committing in insane fraud with the taxpayer dollars to fund the invasion which has taken place over the last 30 years in this country. Probably around 60 million people live here. Imagine what would take place with our tax dollars if we didn't have to pay for all that. So you have to begin to realize that even though I lay out this reality that the US government essentially the President can engage in, in any type of, of clandestine or over kinetic warfare, covert warfare under this AUM 2001 AUM or the Presidential, you know, his powers, executive orders, whatever. That's the reality. And that's what they believe is necessary to combat this other thing. But we still get back to the, the, the fundamental question at hand. Do we have the right to kill whomever we believe is a threat? And that's the question that's on the table because I think what many people are, are still holding on to do is they're still holding on to this mythology or this illusion that somehow America, because of the society that we have, and you, for the most part, you get to, you know, do what you want. You can earn your own living. You can go and live wherever you want. Obviously, taxation is, I believe, is the worst illegality that we have going right now. We don't own anything. We rent everything from the government. And then, you know, I also believe that a lot of the institutions have been captured or corrupt by. I don't know if it's, it's nefarious characters or just radicals. Right? People don't believe that the American dream is a reality. They think it's fabricated. There's corruption at all levels. It doesn't matter anymore. And this all is so overwhelming to process. But I go back to the central question of, of what is. What gives us the right to kill? And that's something I believe after we address the current situations that our country is facing. Because I believe for the past 30 years, the, the fox is in the hen house deeply in every aspect of our government, in every aspect of our institutions, and every aspect of industry out there that, that there's nefarious people have become so entrenched in corruption that they're willing to live a moral, relativistic life where as long as I'm getting paid, as long as I'm getting mine, who cares what happens? And then there's other active people that are trying to tear it down. So the question I put forth to you don't want you to think about is, is, is really what are the things that America can do to regain the moral high ground? What is it, the things that we have to do right now in order to regain our country first? Because if you don't try and think about those, if you don't process those questions, then you are going to live in a very, a very conflicted state of being. You have two things pulling you apart at any one given time, or multiple things pulling against your consciousness, your, Your sense of righteousness, your moral code. But I am here to tell you that America is under attack. And so it's really difficult to answer the question, who do we have the right to kill? All right, I can't. Thank you all enough. I really appreciate it. Make sure you go like and subscribe to everywhere you're hearing this or watching it. Please go over to YouTube like post give a comment what gets us in the algorithm? Share our content with your friends. That's what we need most. If you want to check out what I'm doing, go visit daverutherford.com or follow me on my social media on X or Instagram and that's at Team Frog Logic. Or follow the show at David Rutherford show on all social media with the exception of X on X it's at D Rutherford Show. Go give Jordy a follow out there. Pump him up. He needs some love for sure. He's the one who makes this whole thing happen and I just can't thank you enough. God Bless America and glad bless you and your morality. Hoo. Yahoo.
- [75:14]
David Rutherford
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- [76:16]
Jordy
How are USDA staff cuts and budget challenges affecting farmers with conservation? I've saved my soil and I provide food for my community. I wouldn't have been able to do that without the NRCS program. A lot of farmers are thinking that they're not able to farm next year. Crop prices are below cost of production and so these programs are what keep farmers in the business of farming. Protect conservation funding and staff that supports farmers paid for by Invest in Our Land. Attention parents and grandparents. If you're looking for a gift that's more than just a toy, give them something that inspires confidence and adventure all year long. Lawn. Give them a Guardian bike, the easiest, safest and number one kids bike on the market. With USA Made Kids specific frames and patented safety technology, kids are learning to ride in just one day. No training wheels needed. It's why Guardian is America's favorite kids bike and the New York Times and Wirecutter's top pick three years in a row. This holiday season, Guardian is offering their best biggest deal of the year, up to 40% in savings on all bikes plus $100 in free accessories. Guardian bikes have become the most sought after gifts of the season and inventory is going fast. So don't wait. Join over half a million happy families who've discovered the magic of Guardian. Shop now@guardianbikes.com that's guardianbikes.com new school year.
- [77:49]
David Rutherford
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