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Biden Will Work With Congress On Bill That Would Strip Him Of Decades-Old War Powers

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This article is more than 3 years old.
Updated Mar 5, 2021, 01:26pm EST

Topline

The White House on Friday signaled support for a bill that would repeal broadly worded war authorizations issued decades ago for use of military force in the Middle East, which President Joe Biden used to carry out controversial airstrikes in Syria last month, and interest in engaging with Congress to craft a more limited replacement.

Key Facts

The Biden administration wants to ensure existing authorizations for military use “are replaced with a narrow and specific framework,” White House press secretary Jen Psaki said in a statement.

The comments came a day after a bipartisan group of senators announced a bill to roll back war power authorizations that were enacted in 1991 ahead of the first Iraq war and in 2002 ahead of the U.S. invasion that toppled Iraqi strongman Saddam Hussein.

Congress is granted the right to authorize war under the Constitution, but both Republican and Democratic presidents have relied on the decades-old legislation to unilaterally order military action in the Middle East. 

Members of Congress on both sides of the aisle argued they should have been consulted before Biden carried out the retaliatory strikes against Iran-backed militias in eastern Syria on Feb. 25, his first known use of force as commander-in-chief.

Biden said as a senator in 2007 that use of force without congressional approval — outside of an imminent national security threat — was an impeachable offense by a president.

What To Watch For

Sens. Tim Kaine, (D-Va.), and Todd Young, (R-Ind.), on Wednesday pointed to a “strong partnership” between the U.S. and Iraq as they introduced the bill that would repeal the 1991 and 2002 Authorizations for the Use of Military Force. “Last week’s airstrikes in Syria show that the Executive Branch—regardless of party—will continue to stretch its war powers,” Kaine said Wednesday. “The 1991 and 2002 authorizations for use of military force serve no operational purpose, keep us on permanent war footing, and could allow future misuse.” A White House spokesperson referred further questions from Forbes to the National Security Council, which did not respond to a request for comment. 

Key Background

Biden carried out the airstrikes to retaliate against the Iran-backed militias responsible for a Feb. 15 rocket attack on a U.S.-led military base in northern Iraq. The White House said this week it would not make a “hasty” decision on further retaliation after 10 rockets were fired Wednesday at an air base in western Iraq where U.S. forces are stationed. 

Crucial Quote

“Tim Kaine has been a leader on questions of war powers throughout his time in the Senate and has helped build a strong bipartisan coalition that understands the importance of Congress’s constitutional prerogatives,” Psaki said. “We are committed to working with Congress 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.”

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