Pittsburgh Post-Gazette

White House formally tells Congress of Soleimani strike under War Powers Act

Democrats decry risk of further Mideast war

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The White House delivered a formal notificati­on of the drone strike that killed Maj. Gen. Qasem Soleimani to Capitol Hill on Saturday, as required under the War Powers Act, according to a senior Democratic aide and another official familiar with the matter.

The officials spoke on the condition of anonymity ahead of the White House’s formal notificati­on to Congress.

The War Powers Act states that when existing U.S. armed forces abroad are “substantia­lly enlarge(d)” without a war declaratio­n, “the President shall submit

within 48 hours ... a report, in writing” to the House Speaker — in this case, Nancy Pelosi, D-California, and to the President pro tempore of the Senate — Chuck Grassley, R-Iowa.

The U.S. is deploying about 2,800 additional soldiers to the Middle East — on top of the 750 from the same unit sent earlier in the week — as tensions with Iran mount.

The report must outline “the circumstan­ces necessitat­ing the introducti­on of United States Armed Forces; the constituti­onal and legislativ­e authority under which such introducti­on took place; and the estimated scope and duration of the hostilitie­s or involvemen­t.”

The public portion of the document is expected to lay out the White House’s legal justificat­ion for the strike on Gen. Soleimani, Iran’s top security commander, who officials have said has been behind hundreds of American deaths over the years. It is also expected to include a classified portion, likely detailing the intelligen­ce that led to the action.

Mr. Trump’s advisers have maintained that they were operating on credible intelligen­ce showing that Gen. Soleimani was involved in imminent plans to attack U.S. interests in a handful of countries.

They have not detailed that intelligen­ce, and Democratic lawmakers, among others, have raised questions about its veracity.

While Republican­s praised the action against Gen. Soleimani as a definitive blow against a longtime enemy, Democrats voiced concern that the president was risking a new war in the Middle East, and argued that the White House exceeded its legal authority by conducting the strike without explicit authorizat­ion from Congress.

Some Democratic lawmakers have already moved to thwart potential military involvemen­t in Iran without congressio­nal approval. Democratic presidenti­al candidate and Sen. Bernie Sanders, I-Vt., teamed up with California Rep. Ro

Khanna on Friday to file legislatio­n to prevent funding for any military interventi­on in Iran.

Virginia Sen. Tim Kaine filed a War Powers Authorizat­ion that same day that would require any hostilitie­s with Iran to be approved by Congress through a declaratio­n of war or new Authorizat­ion for the Use of Military Force (AUMF) — a “privileged” resolution that he can force a debate and vote on, though it’s not clear when that might happen.

Senate Foreign Relations Committee Chairman Jim Risch, an Idaho Republican, told CNN a few hours after speaking to Mr. Trump on Friday that Article II of the Constituti­on and the War

Powers Act, were presented to him as the legal justificat­ion for Gen. Soleimani’s killing.

Article II gives the President the “executive power,” and makes him “commander in chief” of the military, powers that virtually all presidents have interprete­d to give them at least some room to use the military without express permission from Congress.

A post-9/11 Office of Legal Counsel opinion from 2002 related to presidenti­al war powers explains the view of broad presidenti­al authority to order military action without any additional legal authority.

“Article II vests in the President, as Chief Executive and Commander in Chief, the constituti­onal authority to use such military forces as are provided to him by Congress to engage in military hostilitie­s to protect the national interest of the United States. The Constituti­on nowhere requires for the exercise of such authority the consent of Congress,” it states.

Mr. Trump said on Friday he authorized the strike against the commander of Iran’s security and intelligen­ce services because he was plotting “imminent and sinister attacks” on Americans.

Mr. Trump said Saturday evening the United States has “targeted 52 Iranian sites” for attack should the country strike “any Americans, or American assets.”

“We have ... targeted 52 Iranian sites (representi­ng the 52 American hostages taken by Iran many years ago), some at a very high level & important to Iran” and “if Iran strikes any Americans, or American assets... Iran itself, WILL BE HIT VERY FAST AND VERY HARD,” Mr. Trump wrote in a series of tweets.

 ?? Rebecca Droke/Post-Gazette ?? Five adults and an unborn child were shot to death during a backyard barbecue in March 2016 at this home along Franklin Avenue in Wilkinsbur­g.
Rebecca Droke/Post-Gazette Five adults and an unborn child were shot to death during a backyard barbecue in March 2016 at this home along Franklin Avenue in Wilkinsbur­g.

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