Trump strike on Iran reignites War Powers battle as White House notifies Congress on military action
PALM SPRINGS, Calif. (KESQ) - Even after an announcement from President Trump of new ceasefire deal between Israel and Iran, it appears the legality of war is still on the table in Washington.
This follows President Donald Trump's sign off on a weekend missile strike against three Iranian nuclear targets without first consulting with Congress.
The strike, part of a covert operation called Operation Midnight Hammer, has reopened a long-running debate: Can a U.S. president unilaterally launch military action? Or must Congress sign off?
His critics insist the answer is obvious.
“This was not constitutional. It was not lawful in the absence of a declaration by Congress,” said Sen. Adam Schiff (D-CA) in a Sunday interview on CNN.
“Donald Trump’s dangerous and unilateral decision to attack Iran — without the required consent of Congress — has needlessly put American lives at risk,” declared Rep. Raul Ruiz (D-CA) in a statement. “While most Americans believe that a nuclear-armed Iran is a threat to world peace, they also agree that American involvement in Mideast conflicts has usually been disastrous," the statement goes on to read.
In a separate Sunday interview on CNN, Rep. Darrell Issa (R) took a different tract defending the strikes, and citing the actions of past administrations, more specifically under President Obama, stating he watched the former President "hit, Yemen and Syria. And he didn't say a word. So let's get past the politics of it."
President Trump defended the operation as both lawful and necessary. In a formal letter posted Monday evening on the White House website, the administration said it was acting “consistent with the president’s constitutional authority.”
"I directed this military action consistent with my responsibility to protect United States citizens both at home and abroad as well as in furtherance of United States national security and foreign policy interests," the formal letter states. " I acted pursuant to my constitutional authority as Commander in Chief and Chief Executive and pursuant to my constitutional authority to conduct United States foreign relations."
Under the War Powers Resolution, the administration was required to inform Congress within 48 hours of a strike. Monday night's official notice, sent to leaders of both chambers of Congress, came prior to the deadline.
Although the letter doesn't reveal much new information, it verifies that Trump had operated on his prerogative of Commander in Chief and also that he had not consulted with Congress for prior approval.
Both the Senate and the House will now be briefed on Iran in classified sessions on Tuesday.
College of the Desert political scientist Wesley Willison describes the case as a legal battle that’s stretched across decades and administrations.
“There is clear precedent throughout history of this,” Willison told News Channel 3. “Especially in the modern era of limited military strikes that are ordered by the president based on intelligence.”
From Vietnam to Libya, from Kosovo to Syria—modern presidents have often acted first, informed Congress later, and avoided the formal declaration of war.
The last time Congress issued such a declaration was 1941, according to WIllison.
"Congress can declare war," Willison explained. "They just haven't done it in more than 80 years."
Lawmakers from both political parties in Washington had stated their intention to seek fresh War Powers resolution, which seeks to restrict presidential strikes of a unilateral nature, could be addressed with a floor vote late this week.
News Channel 3 will keep on monitoring the situation in Congress and give updates after the closed-door briefings.