||20 EDWIN B. FIRMAGE trality Act as well as the Constitution and the law of nations. We do this by raising funds and by encouraging a generation of buccaneers and soldiers of fortune to wage private war against another state with whom we are legally at peace. The president has no power to authorize private war. Only Congress, under the "grant letters of marque and reprisal" clause of the war power provisions of the Constitution, possesses such power. Against Libya and most personally against its head of state, Mr. Khadafy, the Reagan administration instituted a plan of disinformation by which we lie to our own press and mislead our Congress which is as dependent upon the press as are the rest of us in acquiring information upon which to act. The supposed plot to assassinate Mr. Reagan was concocted by our own government, not the Libyans. (Whether or not this was also a murderously revealing psychological projection is another and far more serious matter.) How far short is this from lying to a subcommittee of Congress, or the American people? If indeed an attempt was made to assassinate a head of state as an act of reprisal in the American bombing raid upon Libya, then again exclusive congressional control over reprisal by this country-as stipulated in the war clause-was violated. Serious questions of proportionality, as required by international law, also exist. Factual questions have also been raised as to whether Mr. Khadafy was indeed responsible for the terrorist attacks to which our bombing was in response.40 International and domestic law protect innocent civilians against intentionally inflicted violence in time of war or peace. Such law may very well not protect Mr. Khadafy, although the intentional killing of a head of state raises other legal, moral and practical issues of a most serious nature. But the family of Mr. Khadafy is protected by our prohibitions against violence aimed at innocent civilians. An adopted child of Mr. Khadafy was killed and other family members were wounded in our bombing raid. If an attempt was made, with partial success, to kill Mr. Khadafy's wife and children by intentionally bombing his private quarters, then murder and attempted murder have been committed and those who approved and commissioned such acts See Seymour M. Hersh, N.Y. Times, Target Qaddafi, Magazine Section, 16 (Feb. 22, 1987).