Elaine Luria on War & Peace

Trump's tweeting could lead to war

President ok to use military force against Iran.

Axios.com summary: The House passed a symbolic war powers resolution directing President Trump to halt the use of military force against Iran unless he obtains approval from Congress.

The big picture: A classified briefing on the killing of Iranian general Qasem Soleimani [by the US military] left Democrats and even some Republicans deeply skeptical, with many claiming that officials did not provide evidence that there was an "imminent" threat from Iran. Sens. Mike Lee (R-UT) and Rand Paul (R-KY) said they will vote in favor of a similar resolution in the Senate [S J Res 68].

What opponents are saying: Former national security adviser and notorious Iran hawk John Bolton tweeted: "The 1973 War Powers Resolution is unconstitutional. It reflects a fundamental misunderstanding of how the Constitution allocated foreign affairs authority between the President and Congress. The Resolution should be repealed." Pres. Trump quote tweeted Bolton and added: "Smart analysis, I fully agree!"

What supporters are saying: Rep. Matt Gaetz (R-FL) was one of the few Republicans to vote in favor of the resolution, stating on the House floor: "Killing Soleimani was the right decision, but engaging in another forever war in the Middle East would be the wrong decision." Sen. Bernie Sanders (I-VT) introduced legislation that would block funding for offensive military force against Iran without congressional authorization. Rep. Barbara Lee (D-CA) is also seeking to repeal the 2001 Authorization for Use of Military Force (AUMF), which has been used repeatedly to justify war in the Middle East in the wake of 9/11. Lee was the only member of Congress to vote against the AUMF in 2001, criticizing it as a "blank check."

Legislative outcome: H Con Res 83 Passed House 224-194-13 on 1/9/20; S J Res 68 passed Senate 55-45-0 on 2/13/20. Vetoed 5/6; Senate veto override failed 5/7/20.

2002 AUMF against Iraq should apply to ISIS.

Resolution excerpts:
• Whereas the Authorization for Use of Military Force Against Iraq Resolution of 1991 and 2002 currently remain valid law;
• Whereas, since 2014, U.S. military forces have operated in Iraq at the request of the Government of Iraq for the sole purpose of supporting its efforts to combat ISIS;
• Whereas authorizations for the use of military force that are no longer necessary should have a clear political and legal ending:
• Now, therefore, be it Resolved by the Senate and House of Representatives of the United States [that]
• The Authorization for Use of Military Force Against Iraq is hereby repealed.

Politico.com in OPPOSITION, 3/25/21: Republicans who opposed repealing the 2002 authorization said that it should be replaced because Iraq is still home to terror groups that threaten the United States. Rep. Michael McCaul called for consultations with first in order to craft a replacement. "Real AUMF reform requires Congress and the administration working together on actual text to replace the aging 2001 and 2002 AUMFs to provide authorities needed to keep the American people, and, most importantly, our deployed troops, safe from terrorists," McCaul said.

Heritage Foundation in SUPPORT (1/6/20): There has been an open and vibrant debate about whether the 2001 AUMF covers ISIS, a terrorist organization that did not even exist when the 2001 statute was passed and has disavowed and formally broken away from al-Qaeda, the group that is covered by the 2001 AUMF. Yet both the Obama and Trump Administrations claim that the 2001 AUMF covers ISIS and associated forces. Congress has shied away from the much-needed debate about whether the 2002 Iraq AUMF is no longer necessary.

Legislative Outcome: Passed House 268-161-2 on H.R.256 on 6/17/2021 (rollcall 172; no vote on S.J.R.10 nor H.R.3261 in 2021)