Legislators call for end of Presidential War Powers: Biden says No

Biden invoked the War Powers Act, refuses to give it up, but he throws Congress a carrot: In a statement to POLITICO, press secretary Jen Psaki said the president wants to “ensure that the authorizations for the use of military force currently on the books are replaced with a narrow and specific framework that will ensure we can protect Americans from terrorist threats while ending the forever wars.”

A Letter to the Speaker of the House and President pro tempore of the Senate Consistent with the War Powers Resolution

Dear Madam Speaker: (Dear Mr. President:) Feb 27 when Biden invoked the War Powers Act:

At my direction, on February 25, 2021, United States forces conducted a targeted military strike against infrastructure in eastern Syria used by Iran-supported non-state militia groups. 

Those non-state militia groups were involved in recent attacks against United States and Coalition personnel in Iraq, including the February 15, 2021, attack in Erbil, Iraq, which wounded one United States service member, wounded four United States contractors, including one critically, and killed one Filipino contractor.  These groups are also engaged in ongoing planning for future such attacks.

In response, I directed this military action to protect and defend our personnel and our partners against these attacks and future such attacks.  The United States always stands ready to take necessary and proportionate action in self-defense, including when, as is the case here, the government of the state where the threat is located is unwilling or unable to prevent the use of its territory by non-state militia groups responsible for such attacks. 

I directed this military action consistent with my responsibility to protect United States citizens both at home and abroad and in furtherance of United States national security and foreign policy interests, pursuant to my constitutional authority to conduct United States foreign relations and as Commander in Chief and Chief Executive.  The United States took this action pursuant to the United States’ inherent right of self-defense as reflected in Article 51 of the United Nations Charter. 

I am providing this report as part of my efforts to keep the Congress fully informed, consistent with the War Powers Resolution (Public Law 93-148).  I appreciate the support of the Congress in this action.

Sincerely,

                                  JOSEPH R. BIDEN JR.

Kaine & Young Introduce Bill to Repeal 1991 & 2002 AUMFs

WASHINGTON, D.C. – Today, U.S. Senators Tim Kaine (D-VA) and Todd Young (R-IN) reintroduced their bipartisan legislation to repeal the 1991 and 2002 Authorizations for Use of Military Force (AUMF) against Iraq. The bill would formally end the authorizations for the Gulf and Iraq wars – 30 and 19 years, respectively, after these AUMFs were first passed, reasserting Congress’ vital role in not only declaring wars, but in ending them. The repeal of these authorizations also recognizes the strong partnership the United States now has with a sovereign, democratic Iraq. The bill is also cosponsored by Senators Tammy Duckworth (D-IL), Mike Lee (R-UT), Chris Coons (D-DE), Chuck Grassley (R-IA), Dick Durbin (D-IL), and Rand Paul (R-KY).

“Last week’s airstrikes in Syria show that the Executive Branch, regardless of party, will continue to stretch its war powers,” Kaine said. “Congress has a responsibility to not only vote to authorize new military action, but to repeal old authorizations that are no longer necessary. The 1991 and 2002 AUMFs that underpinned the war against Iraq need to be taken off the books to prevent their future misuse. They serve no operational purpose, keep us on permanent war footing, and undermine the sovereignty of Iraq, a close partner. I call on Congress to promptly take up this measure and for the Biden Administration to support it to finally show the American people that the Article I and II branches can work together on these issues.”

“It has been thirty years since the first Gulf War began and nineteen years since the United States went back into Iraq. In the years since, Congress has been operating on autopilot when it comes to our essential duties to authorize the use of military force. The fact that authorities for both of these wars are still law today is illustrative of the bipartisan failure of Congress to perform its constitutionally-mandated oversight role,” Young said. “Today, Senator Tim Kaine and I have re-introduced our bipartisan legislation to continue our fight to repeal these outdated war authorities. Congress must not shy away from this debate and I look forward to working with my colleagues on the Senate Foreign Relations Committee to advance this important legislation.” 

“One of Congress’s most solemn constitutional responsibilities is deciding when and how we choose to send America’s sons and daughters into danger overseas,” Duckworth said. “As a nation, we are long over-due to have a thorough and honest reckoning about responsibly exercising Congressional war powers, which includes repealing outdated authorities like the 1991 and 2002 AUMFs. For decades, administrations of both parties have kept these authorizations on the books to justify military action in the region without returning to Congress to make their best legal case for the need for such action. I’m proud to join this bipartisan resolution that would repeal these outdated war authorities and I hope we can work in a bipartisan way to address war powers.” 

“Congress has a responsibility to not only declare war but also to bring conflicts to a close,” Lee said. “As demonstrated by presidents from both political parties, when authorizations for the use of military force (AUMF) remain on the books long past a conflict’s conclusion they become ripe for abuse, expanding far beyond congressional intent. Closing out U.S. authorizations for war in Iraq is long overdue, and Congress owes it to the men and women who sacrificed blood and treasure to declare victory and come home.”   

“The airstrikes against Iranian-backed forces in Syria last week demonstrate the need to review and revise the way in which our leaders collectively choose whether or not to wage war. An initial yet important part of that process is removing unnecessary war-making resolutions that are still on the books,” Coons said. “I’m proud to join Senator Kaine in this bipartisan effort to repeal the 1991 and 2002 AUMFs, and I look forward to working with the Biden Administration and my colleagues on the Foreign Relations Committee to ensure Congress plays its rightful role in future decisions about the use of force.” 

This bill is an effort to prevent the future misuse of the expired Gulf and Iraq War authorizations and strengthen Congressional oversight over war powers. For years, Kaine and Young have been leading voices in Congress raising concerns over the use of military force without congressional authorization. 

Repealing these authorities will not impact ongoing U.S. operations to counter ISIS.

You can read the bill text here.