Float Israel War Powers Resolution

Reps. Tlaib, Bush and others tell the US president he “cannot continue to ignore the law without Congressional intervention” in letter obtained by Zeteo.

PREM THAKKER, ZETEO, NOV 1, 2024

Democratic Reps. Rashida Tlaib (Mich.) and Cori Bush (Mo.) pressed President Joe Biden in a letter on Friday to explain what involvement his administration may have had in Israel’s military activities in the Middle East, suggesting any such involvement is unauthorized and therefore unconstitutional. The two members, who helped lead the “Ceasefire Now” resolution introduced last year, are joined by fellow progressive members of Congress Andre Carson (Ill.), Ilhan Omar (Minn.), and Summer Lee (Pa.).

“In light of recent regional escalations, including exchanges in hostilities between Israel and Iran and the Israeli government’s ground invasions of Lebanon and Gaza, we are deeply concerned about the increasing role and involvement of the U.S. Armed Forces in expanding wars across the Middle East,” the members write. “American military involvement in these wars has not been authorized by the United States Congress, as required by the Constitution and U.S. law.”

The letter to Biden, shared exclusively with Zeteo, comes just days before the presidential election, as Vice President Kamala Harris continues to defend her boss’s unconditional and seemingly boundless support for Israel’s military action that has spread beyond Palestine – into Lebanon, Iran, Yemen, and Syria.

“Despite the Administration’s stated goal of avoiding a regional war, increasingly dangerous escalations have been made possible by transfers to the Israeli government of billions of dollars’ worth of weapons and military aid, comprehensive intelligence sharing and operational coordination, and diplomatic cover from the United States in the face of widespread condemnation from the international community.”

The members cite the War Powers Resolution of 1973, which limits the president’s ability to unilaterally or covertly direct US military action. Only Congress can authorize sending US armed forces abroad, via a declaration of war or statutory authorization, or “a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.” 

Congress also has the power to direct the removal of any US armed forces who are engaged in hostilities outside the US without a declaration of war or specific statutory authorization. Any member of the House could invoke the resolution and force a vote on the legislation.

The letter’s authors cite several causes for concern, including the participation of US intelligence personnel in locating individuals that Israel aims to target in Gaza without Congressional approval, American officials’ expressed openness for strikes against Iran, and the increased deployment of US service members “to the region in areas where there is a clear and present danger of hostilities.”

“The Executive Branch cannot continue to ignore the law without Congressional intervention,” the members write. “In the absence of an immediate ceasefire and end of hostilities, Congress retains the right and ability to exercise its Constitutional authority to direct the removal of any and all unauthorized Armed Forces from the region pursuant to Section 5(c) of the War Powers Resolution.”

The members ask Biden four questions, requesting his “urgent response” no later than two weeks from Friday. They ask: how the administration would legally justify joining Israel in military action against Iran or sharing intelligence with Israel for that purpose; whether the US is providing military services to command or coordinate Israeli forces; and if US forces have been deployed “into situations where imminent involvement in hostilities are clearly indicated by the circumstances,” and if so, what the legal basis was for it.

Finally, the members also ask what the administration’s justification was for launching airstrikes against Houthis in Yemen (The administration has in the past amorphously cited self-defense as a cause for such attacks).

The White House did not immediately respond to a request for comment. 

“Destructive Wars Must End”

Fears of US-supported escalation in the Middle East come after mass devastation in Palestine and Lebanon. The Israeli military has killed over 43,000 Palestinians (horrifyingly likely to be a massive undercount); displaced 90% of the population; and subjected much of it to mass starvation, with little access to medical care. In Lebanon, meanwhile, Israeli forces have killed more than 2,700 people and displaced 1.2 million. 

While the US sent a letter to Israel nearly three weeks ago, saying it had 30 days to improve the humanitarian situation in Gaza or risk “implications for US policy,” the Israeli government has only continued its brutal attacks on hospitals and refugee camps, banned aid groups, and outlawed UNRWA – the UN agency responsible for helping Palestinian refugees.

All of this despite the US last week saying Israel had largely met its “strategic goals.”

The Senate stands to vote in November on joint resolutions of disapproval that could block billions of dollars of arms sales to Israel. The effort, led by Sen. Bernie Sanders of Vermont and joined in part by Democratic Sens. Peter Welch (Vt.) and Jeff Merkley (Ore.), follows revelations that Secretary of State Antony Blinken rejected warnings from USAID and the State Department’s refugee bureau that allowing weapons to keep flowing to Israel would be a violation of US law. 

Several organizations, including A New Policy, Jewish Voice for Peace Action, and the US Campaign for Palestinian Rights Action, backed Friday’s congressional letter.

“These destructive wars must end, as must any unauthorized U.S. involvement in them,” the members conclude. “The American public deserves a say on the issue of war. Thus, Congress’ involvement and debate are necessary. Every day that passes without a ceasefire produces catastrophic loss of life and threatens further death and destruction. We have an obligation to both the living and the dead to put an immediate end to this devastation.”

Read the full letter below: