No, Trump Didn’t Violate the War Powers Act

It needs to be said, and American Spectator said it well:

It was hardly necessary to consult Nostradamus to know that the Democrats would denounce President Trump’s decision to bomb three Iranian nuclear sites on Saturday. Nonetheless, the combination of hypocrisy, historical illiteracy, and constitutional ignorance that characterized their reaction to the raid was startling even by Democrat standards. Several actually claimed that Trump somehow committed an impeachable offence by ordering the strikes, though none seemed able to specify any “high crimes” or “misdemeanors.” Some insisted that Trump violated the War Powers Act.

The problem with all this sound and fury is, of course, that the Democrats now braying about Trump’s “illegal” attack on Iran remained silent as the tomb during the numerous military strikes ordered by former President Obama. During his two terms in office Obama authorized military operations in Pakistan, Yemen, Somalia, Libya, and Syria. Moreover, not only did Obama fail to seek congressional authorization for his frequent use of the military, he didn’t feel the need to give the War Powers Act lip service. He insisted that the 2001 Authorization for Use of Military Force (AUMF) obviated the need to consult with Congress.

Consequently, the Democrats have zero credibility when they feign concern about Trump’s failure to get congressional approval for the Iran strike. But hypocrisy has never impeded people like Senate Democratic Leader Chuck Schumer (D-NY). Upon learning about the Iran strike for example, he issued a statement that included the following exhortation: “We must enforce the War Powers Act and I’m urging Leader Thune to put it on the Senate floor immediately. I am voting for it and implore all Senators on both sides of the aisle to vote for it.” This was too much for constitutional scholar Jonathan Turley, who responded thus:

Schumer is the same politician who was silent or supportive in earlier unilateral attacks by Democratic presidents. In 2011, Obama approved a massive military campaign against Libya. I represented a bipartisan group of members of Congress challenging that action … Democrats were supportive when Clinton launched cruise missile attacks under Operation Infinite Reach on two continents on August 20, 1998. He ordered attacks in locations in Khartoum, Sudan, and Khost Province, Afghanistan.

Ironically, as Turley points out, President Trump has complied with the War Powers Act in this instance by immediately notifying Congress after the strike had been successfully completed and our bombers had departed Iranian air space. This brings us to a question that few of Trump’s critics have asked: What does the War Powers Act actually require? In the absence of a formal declaration of war by Congress, it requires a president to notify Congress within 48 hours of committing U.S. military forces to a conflict. This commitment must end within 60 days, after which he has another 30-day period to withdraw our forces.

More at the above link.

This entry was posted in 47th President Trump, Iran, Military. Bookmark the permalink.

Leave a comment

This site uses Akismet to reduce spam. Learn how your comment data is processed.