Story highlights Jimmy Gurulé says Congress hasn't given President Trump the authority to use US troops to fight Boko Haram in Niger

He notes Congress has failed to approve a new authorization of force while the White House relies on a 16-year-old one

Jimmy Gurulé is a law professor at Notre Dame Law School, where he teaches national security law. He is the former undersecretary (enforcement), at the US Treasury Department, responsible for preventing the financing of terrorism. The opinions expressed in this commentary are his own.

(CNN) The tragedy in Niger involving the killing of four American soldiers by ISIS fighters raises several important legal questions.

When questioned by the media, several leading senators, including Sen. Lindsey Graham, R-South Carolina, and Senate Minority Leader Chuck Schumer, D-New York, stated they were not aware that over 800 American troops were stationed in Niger.

Jimmy Gurulé

Yet the Pentagon maintains it has regularly informed Congress of the deployment and movement of American troops conducting counterterrorism actions in Niger and other African countries.

The critical question, however, is not what Congress knew and when it knew it. Instead, it is this: Did Congress provide "specific authorization" for President Trump to introduce American armed forces into hostilities in Niger? If not, the deployment of American soldiers in Niger is unlawful in violation of the War Powers Resolution, known as WPR, and an abuse of the President's executive powers under the Constitution.

The purpose of the WPR is "to fulfill the intent of the framers of the Constitution of the United States and insure that the collective judgment of both the Congress and the President will apply to the introduction of United States Armed Forces into hostilities. ..."

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