For years, Democrats and a handful of Republicans have pushed to increase congressional control over U.S. military action in the Middle East.
Their efforts accelerated last week following President Trump’s decision to kill Iranian Quds Force Gen. Qassem Soleimani and Iran’s retaliatory missile strikes against the U.S. military in Iraq.
“Last week, in our view, the administration conducted a provocative disproportionate airstrike against Iran which endangered Americans and did so without consulting Congress,” House Speaker Nancy Pelosi, a California Democrat, told reporters at her weekly press conference on Thursday.
The House voted that day on a resolution directing Trump “to terminate the use of United States Armed Forces to engage in hostilities in or against Iran” unless authorized by Congress.
The measure passed easily with the support of the Democratic majority, but it’s nonbinding, meaning it will never become law.
Pelosi told reporters she wanted to send Trump a message without providing him with the chance to veto it, as he would have done if Congress sent a binding measure curbing his authority over the use of military force abroad.
In reality, there isn’t much Congress can do to constrain Trump’s actions in the Middle East without broad bipartisan support in both chambers, which doesn’t exist at this point.
It takes a two-thirds supermajority in each chamber to override a presidential veto, and few Republicans are ready to back new limitations on Trump’s use of the military.
Trump’s allies questioned the political motives of the Democrats, who impeached Trump in the House last month.
Republicans pointed out Democrats rarely questioned President Barack Obama’s use of military force in the Middle East, including among other operations, the intervention in Libya against dictator Moammar Gadhafi.
“Why didn’t we hear anything from our colleagues on the other side of the aisle about Libya when President Barack Obama took action that led to the death of Moammar Gadhafi,” Rep. Austin Scott, a Georgia Republican, said.
Rep. Mark Meadows, a North Carolina Republican and friend of the president, pointed out that Obama conducted 542 drone strikes outside of war zones that killed dozens of civilians.
“President Obama’s administration frequently conducted airstrikes in Syria. Pelosi was silent,” Meadows said last week. “No calls for ‘congressional authorization.’ The feigned, hypocritical outrage you’re seeing from Democrats now is because a Republican is in the White House.”
Democrats did seek more authority over military use during the Obama administration. Still, Congress gave up after Obama sent over a draft Authorization for the Use of Military Force to deal with the Islamic State in the Middle East. But neither party could agree on the plan, and it was never approved, and lawmakers never voted to require Obama to seek new authorization.
Obama continued to operate under military authorization measures passed in 2001 and 2002 to authorize the wars in Afghanistan and Iraq.
Both the House and Senate last year advanced measures limiting Trump’s authority to conduct military operations in the Middle East, but none has ever garnered enough support to override a veto.
Trump administration officials said they used the 2002 authorization, along with Trump’s executive authority to defend U.S. interests, to conduct the strikes against Iran that killed several military officials as well as Soleimani.
Capitol Hill lawmakers in both parties were relieved when it appeared an initial escalation between the United States and Iran had calmed down by the end of the week.
But Democrats believe Iran is likely to strike again at U.S. interests in the Middle East, and they want to try to control how Trump responds.
Many Democrats said Trump administration officials, including Secretary of State Mike Pompeo, failed to provide an adequate justification for killing Soleimani. They complained the officials didn’t provide a plan showing what the administration would do next if aggressions escalate.
“It’s clear he has no clue, none at all, about what could come next,” House Rules Committee Chairman Jim McGovern, a Massachusetts Democrat, said of the president.
Pelosi said she might bring a measure to the floor that would end the 2002 congressional authorization for the use of military force in Iraq.
Across the Capitol, Sen. Tim Kaine, a Virginia Democrat, is drafting a resolution that would cut off Trump’s authority to use military force against Iran after 30 days. Further military action would require Trump to get congressional approval.
Kaine is likely to get at least two GOP votes. Sens. Rand Paul of Kentucky and Mike Lee of Utah, both longtime advocates of increasing congressional authority over military action abroad, said they would support it.
Only four Republicans would be needed to pass the measure in the Senate with 51 votes, assuming all Democrats vote for it.
Kaine said he’s “talking to people and seeing are there changes I can make that would get more folks on board?”
That measure would also face a veto from the president that Congress lacks the votes to override.
