Democrats are asking for information on the legal justification for Biden’s strike in Syria

Mr. Tim Kaine (D-Va.), Chris Murphy (D-Conn.) And Rep. Ro Khanna (D-California.) Are among Democrats criticizing the Biden administration for Thursday night’s airstrike. in Syrian-linked facilities in Iran – supported the militia group, which demanded that Congress be informed immediately about the matter.

Why it’s important: The strikes, which the Pentagon and the National Security Council say were a response to threats against U.S. forces in the region, constitute the Biden administration’s first open military action.

What they say:

  • Kaine: “Offensive military action without the approval of Congress is unconstitutional if there are no extraordinary circumstances. Congress must be fully informed of this matter promptly.”
  • Murphy: “Congress should keep this administration at the same level as previous administrations and demand clear legal justifications for military action, especially in theaters like Syria, where Congress has not explicitly authorized any U.S. military action.”
  • Khanna: “We cannot defend the authorization of Congress before military strikes only when there is a Republican president. The administration should have asked Congress for permission here. We have to work to get out of the Middle East, not to climb. “

The other side: The Pentagon said Thursday in a statement that the strike was carried out “in response to recent attacks on U.S. and coalition personnel in Iraq” and that it intended to “de-escalate the general situation both in eastern Syria as in Iraq. ”

  • A National Security Council spokesman said the Pentagon previously notified Congress and that the administration continues to report the hill at the member and staff level.
  • “As a matter of domestic law, the President took this action in accordance with his Article II authority to defend U.S. personnel.”
  • There will be a full session scheduled “early next week and sooner if Congress wants it,” the NSC spokesman added.

The big picture: All three Democrats have been outspoken against attempts by past presidents to conduct offensive military operations without congressional approval.

  • Kaine has led the Senate indictment to revoke the 2002 Authorization for the Use of Military Force (AUMF) against Iraq and replace the 2001 AUMF, which presidents have repeatedly cited to justify the action. US military worldwide. narrower authorization.
  • Kaine and Khanna also introduced resolutions passed by Congress in 2020 that would have forced former President Trump to get congressional approval before taking military action against Iran, but it was vetoed by the president.

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