Sen. Mike Lee, Rep Burgess Owens and others question Biden administration’s authority to order strikes in Yemen
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The U.S. and the United Kingdom are actively targeting strikes at Houthi sites in Yemen. The militant organization has been attacking shipping vessels — specifically those associated with Israel — in the Red Sea for months, and in turn, threatening international supply chains, provoking action from the Biden administration.
But in Congress, Republicans, as well as progressive Democrats, have criticized President Joe Biden’s strategy to strike down the Houthi uprising that was threatening commercial shipping.
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A group of GOP senators, including Sen. Mike Lee of Utah, wrote a letter to Biden, questioning the extent of his powers as commander-in-chief under the War Powers Resolution of 1973. The law limits a president’s ability to participate in an armed conflict without the consent of Congress.
“There is no current congressional authorization for offensive U.S. military action against the Houthis,” the senators wrote on Jan. 23. “While the Houthis and their backers, namely Iran, bear the responsibility for escalation, unless there is a need to repel a sudden attack the Constitution requires that the United States not engage in military action absent a favorable vote of Congress.”
Sens. Chris Murphy, D-Conn., Tim Kaine, D-Va., and Todd Young, R-Ill., were also listed as signatories.
Biden ordered the first attack on Jan. 11. His multinational operation involved the U.K., Australia, Bahrain, Canada and the Netherlands, as the White House said in a letter to House Speaker Mike Johnson, R-La., Wednesday.
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Five days after the counterattacks, Johnson pointed out on X that the Biden administration hadn’t designated Houthis as a foreign terrorist organization, which, he said, “was a dangerous example of this administration’s weakness and poor judgment.” On Jan. 17, Secretary of State Anthony Blinken announced the decision to designate the militant organization “as a specially designated global terrorist group.”
In a statement provided to the Deseret News, Utah Rep. Burgess Owens concurred that the Biden administration’s decision to revoke the designation, and hesitation to reinstate the status, “is yet another display of weakness and indecision on the international stage.”
As Houthi attacks continued, on Jan. 22, the president ordered another round of strikes to protect U.S. personnel and assets, as well as the international shipping industry, while weakening the Houthi militia. Biden said his decision was protected by constitutional authority and in line with the country’s right to defend itself under Article 51 of the United Nations Charter.
As Politico reported, former presidents have often ordered “targeted military strikes against hostile actors,” like Donald Trump with Syria, Barack Obama with Libya and George W. Bush with Yemen, Pakistan and Somalia.
The GOP letter argued that even if defending the country — and its ships — falls under the duty of a president, “most vessels transiting through the Red Sea are not U.S. ships.” It also stated that the U.S. should not participate “in another war in the Middle East” without Congress’ approval.
Owens also acknowledged that the attack on the U.S. Navy could create “a dangerous escalation by this Iranian proxy, increasing the risk of a widening conflict.”
“Unfortunately, if Americans see it, our enemies see it. In this time of chaos and growing instability, the U.S. must exert leadership in confronting the Houthi terrorist threat,” said Owens, a Republican who represents Utah’s 4th Congressional District.
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Progressive Rep. Ro Khanna, D-Calif., in an opinion article said the absence of a national emergency makes it tough for Biden to pin it as fulfilling an immediate self-defense need.
“Conducted with extensive planning and in coordination with five other countries, the multiple rounds of U.S. air strikes in Yemen are retaliatory strikes for deterrence, not defense,” he said. “And they clearly aren’t working as a deterrent.”
On Wednesday, the Houthis fired three missiles at two merchant ships in the southern Red Sea, National Security Council spokesperson John Kirby told reporters. The missiles were “shot down by a U.S. Navy destroyer,” he said, adding that it’s obvious Houthis intend to continue attacking, “which means we’re obviously still going to have to do what we have to do to protect that shipping.”
