An Army captain deployed to Kuwait has sued President Obama because he believes the war against the Islamic State terror group is illegal, reigniting a long-simmering issue between the president and Congress. Capt. Nathan Smith, a military intelligence officer, is seeking “a declaration that President Obama’s war against ISIS is illegal because Congress has not authorized it,” according to court documents. The suit, first reported by the New York Times, goes on to cite the 1973 War Powers Resolution and says the president “did not get Congress’s approval for his war against ISIS in Iraq or Syria within the sixty days, but he also did not terminate the war. The war is therefore illegal.” Smith filed the lawsuit “out of conscience because fighting an illegal war forces him to violate his oath to ‘preserve, protect, and defend’ the Constitution,” according to the lawsuit.




