Bipartisan senators introduce bill to strip Biden of war powers

Sens. Tim Kaine and Todd Young on Wednesday introduced bipartisan legislation that would repeal decades-old authorizations for the use of military force in the Middle East, amid escalating tensions between the U.S. and Iran in the region.

Kaine (D-Va.) and Young (R-Ind.) unveiled the measure as lawmakers have expressed frustration with President Joe Biden’s decision to launch airstrikes in Syria last week without first seeking congressional approval. It also comes just hours after an Iraqi military base housing U.S. troops and civilian contractors was hit by rocket attacks.

The bill would repeal the 1991 and 2002 authorizations that cleared the way for a prolonged military conflict in Iraq, culminating in calls from Democrats and Republicans alike to end the so-called “forever wars” in the region.

“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.”

Congress has largely abdicated its constitutional authority to declare war, and presidents from both parties have used outdated authorizations to legally justify U.S. military action — including, and perhaps most notably, the 2001 authorization for the use of military force against al Qaeda and the Taliban, which was approved in the aftermath of the Sept. 11 attacks. The Kaine-Young bill, though, only deals with the 1991 and 2002 measures, which are entirely focused on Iraq.

For example, the outdated authorizations have been used to give legal cover to U.S. military operations throughout the region, including those targeting ISIS and other jihadist offshoots in the region.

“Congress has been operating on autopilot when it comes to our essential duties to authorize the use of military force,” Young said. “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.”

Senators from across the ideological spectrum signed onto the Kaine-Young bill as co-sponsors on Wednesday, including Sens. Tammy Duckworth (D-Ill.), Mike Lee (R-Utah), Chris Coons (D-Del.) and Chuck Grassley (R-Iowa).

Kaine and Young have introduced similar efforts before, but Biden’s airstrikes in Syria breathed new life into their push. Lawmakers have raised concerns about the potential for a tit-for-tat use of military force that could result in a full-blown war between the U.S. and Iran, whose proxies in the region have long targeted American outposts.

New Syria strikes roil Congress

Biden angered congressional Democrats when he launched airstrikes against Iran-backed military installations in Syria, with lawmakers lamenting that the White House did not consult with Congress ahead of time and did not properly notify them about the strikes.

The White House has said that Biden ordered the attacks as retaliation against militia groups backed by Iran, which launched similar strikes targeting American forces in recent weeks. Biden himself wrote in a letter to congressional leaders that he ordered the strikes in “self-defense.”

Senior Biden administration officials have begun briefing Congress this week about the Syria strikes, but they have yet to brief lawmakers directly. Sen. Chris Murphy (D-Conn.) told POLITICO on Tuesday that he sat in on a staff-level briefing because the Biden administration had yet to schedule sessions for senators.

Murphy said he wasn’t satisfied with the White House’s rationale for the strikes, adding: “I still need to be convinced that any president has the authorization required to take a retaliatory strike, especially outside of Iraq.”

House Armed Services Chair Adam Smith (D-Wash.) said it was too soon to determine how effective the strikes were, but said Pentagon officials will brief the committee next week on the broader situation in the region.

Smith said the standoff “without a doubt” will revive a simmering debate on war powers and revising decades-old war authorizations, but reiterated that he supports Biden's move as justified to defend U.S. personnel.

“We were legitimately in the region to protect us against a threat from ISIS that was in fact attacking Americans,” he said. “While in the region protecting against that threat, militias lobbed a bunch of missiles at us. And we shot back. If that isn’t classic Article II self-defense, then I don’t know what is.”

Still, Smith said he favors repealing the 2002 authorization and “radically altering” the 2001 measure.

Democrats aren’t just confronting Biden about his war-making powers; they’re also pressuring him to take additional actions to punish Saudi Arabia for the murder of Jamal Khashoggi. The Biden administration published a long-secret intelligence report last week that blamed Saudi Crown Prince Mohammed bin Salman for approving the operation that killed Khashoggi, but the administration declined to impose direct penalties on the crown prince.