Iran and Presidential War Powers, Explained

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Iran and Presidential War Powers, Explained
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WASHINGTON -- Democratic leaders in Congress are moving to swiftly invoke the War Powers Resolution in an attempt to block President Donald Trump from taking the United States into a war with Iran, even as Iran vows revenge for his killing of Gen. Qassem Soleimani and Trump is threatening disproportionate

WASHINGTON — Democratic leaders in Congress are moving to swiftly invoke the War Powers Resolution in an attempt to block President Donald Trump from taking the United States into a war with Iran, even as Iran vows revenge for his killing of Gen. Qassem Soleimani and Trump is threatening disproportionate strikes inside Iran if it does retaliate.

One part says presidents may only introduce forces into hostilities after Congress has authorized using force or if the nation has been attacked. No subsequent president has respected that narrow list of when he may unilaterally dispatch forces into combat. Kaine’s resolution declares that Trump has already introduced U.S. armed forces into hostilities with Iran without congressional authorization and directs him to stop within 30 days of its enactment.Even if such a resolution passes both chambers, it seems inevitable that Trump would veto it. Overriding that veto would require a two-thirds majority in both chambers, which would require significant numbers of Republicans to break with him.

Perhaps the closest political precedent occurred in 1983. Congress enacted a bill declaring that a peacekeeping mission in Lebanon — after a firefight in Beirut, its capital, killed several Marines — had evolved into “hostilities” covered by the 60-day rule. At the same time, lawmakers granted authority for that mission to continue for 18 months.

The implication appears to be that it is lawful to defend U.S. troops in Iraq because they were deployed under the 2002 law — even if the threat comes from an Iranian. If Iran responds by attacking U.S. forces in Iraq, the Trump legal team might similarly say the 2002 law covers an escalating response.

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