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Friday, May 1, was the 60th day of Operation Epic Fury – and, according to the War Powers Resolution, the last day the operation is technically legal without congressional authorization. President Donald Trump, however, came up with an interesting workaround to dealing with the Iran conflict: He declared hostilities ended. Now, any further conflict between the US and Iran will be a new issue, with its own 60-day limit. Effectively, he reset the clock. But will that play actually work, or will Congress order an end to operations altogether? Democrats and certain Republicans want to force Trump’s withdrawal, but is it really a priority for the majority? May 1 came and went with Congress at recess – and they won’t be back until the middle of the month.
War Powers, Real and Imagined
As Liberty Nation News reported last month, Congress needed to either declare war, grant an extension for Operation Epic Fury, or order the president to withdraw and end hostilities by the 60-day deadline, which came and went on May 1. Also explained in that story was the fact that, while that’s the “letter of the law,” so to speak, it’s not the practical reality of at least half-a-dozen incidents over the years. From Ronald Reagan in 1981 to Trump during his last term, a bipartisan mix of several presidents has either explained away their signature foreign conflicts as being irrelevant to the War Powers Resolution or simply ignored it entirely.
This time, President Trump took a couple of different approaches. First, on Friday, he declared the whole process unconstitutional. “I don’t think it’s constitutional, what they are asking for,” he said. “These are not patriotic people who are asking.” Then, however, he changed tack. Simply put, the conflict is over, according to the administration. “For War Powers Resolution purposes, the hostilities that began Saturday, February 28 have terminated,” an official reportedly told Fox News Digital. “Both parties agreed to a 2-week ceasefire on Tuesday, April 7 that has since been extended. There has been no exchange of fire between U.S. Armed Forces and Iran since Tuesday, April 7.”
The White House also formally notified Congress of the same point on Friday, May 1.
The blockade of Iran by the US Navy has continued, but if no shots have been fired, then the definition of hostilities becomes something of a “what the meaning of is is” kind of situation, to pull a line from Bill Clinton, another president who famously ignored the War Powers Resolution with no significant consequences from Congress.
In any case, the enforceability of the War Powers Resolution seems to be more imaginary than real as even members of Congress who do oppose military action are often hesitant to push the issue for fear of a court ruling in the president’s favor. As it is, passing a resolution to “force” the president to stop is always a threat than can be leveraged. Once it’s used and a president ignores it or challenges it in court, however, it could lose even that tenuous power.
Congressional Contradictions
That Democrats stand opposed to Trump’s continued action in Iran comes as no surprise. But several Republicans fall in that category, too – with more expressing their skepticism as time goes on. Sen. Josh Hawley (R-MO), for example, said that if the president failed to start withdrawing forces from Iran – or to make a compelling legal argument for staying – Congress would need to pass legislation authorizing a war. “And I don’t really want to do that, because I don’t want to open up further conflict,” Hawley said on Thursday, April 30. “I want to wind it down.”
Also on Thursday (the last day Congress was in regular session), Sen. Lisa Murkowski (R-AK) threatened to force a vote this month on a bill that would change how the president is allowed in general to engage in such military operations that has been in the drafting phase for about a month now, though it likely has no chance of passing. Republican Sen. John Curtis of Utah also said on Thursday that he wouldn’t support continued fighting in Iran unless Congress approved it. He said the War Powers Resolution was “clear that after 60 days, military action must begin to wind down unless Congress provides formal authorization.” Sen. Susan Collins of Maine chimed in with her own declaration that the deadline was “not a suggestion; it is a requirement.”
Still, this growing discomfort with the continued operation didn’t stop both chambers from beginning a two-week recess on May 1 – the very day the Trump administration hit the deadline and was required to do something. Will lawmakers be satisfied by Trump’s declaration that hostilities ended April 7? For many, the answer is no – but is it the kind of no that brings actual legislation, or the kind that just leads to grumbling? The two-week recess certainly hints at the most likely answer.
