Some lawmakers in both parties question the legality of Trump’s Iran strikes

Some lawmakers in both parties question the legality of Trump's Iran strikes

WASHINGTON — Several members of Congress in both parties Saturday questioned the legality of President Donald Trump’s move to launch military strikes on Iran.

While Republican leaders and many rank-and-file members stood by Trump’s decision to bomb Iran’s major nuclear enrichment facilities, at least two GOP lawmakers joined Democrats across the party spectrum in suggesting it was unconstitutional for him to bomb Iran without approval from Congress.

“While President Trump’s decision may prove just, it’s hard to conceive a rationale that’s Constitutional,” Rep. Warren Davidson, R-Ohio, who usually aligns with Trump, said on X. “I look forward to his remarks tonight.”

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Rep. Thomas Massie, R-Ky., said in response to Trump’s social media post announcing the strikes: “This is not Constitutional.”

Massie introduced a bipartisan resolution this week seeking to block U.S. military action against Iran “unless explicitly authorized by a declaration of war or specific authorization for use of military force against Iran” passed by Congress.

In brief remarks from the White House on Saturday night, Trump defended the strikes but did not mention the basis of his legal authority to launch them without Congress’ having given him that power.

Sen. Bernie Sanders, I-Vt., reacted in real time during a speech in Tulsa, Oklahoma, slamming Trump’s actions as “grossly unconstitutional.”

“The only entity that can take this country to war is the U.S. Congress. The president does not have the right,” Sanders told the crowd, which broke out in “no more war!” chants.

Some Democrats called it an impeachable offense for the president to bomb Iran without approval from Congress.

Rep. Alexandria Ocasio-Cortez, D-N.Y., said Trump’s move is “absolutely and clearly grounds for impeachment.”

“The President’s disastrous decision to bomb Iran without authorization is a grave violation of the Constitution and Congressional War Powers,” she said on X. “He has impulsively risked launching a war that may ensnare us for generations.”

Rep. Sean Casten, D-Ill., said on social media: “This is not about the merits of Iran’s nuclear program. No president has the authority to bomb another country that does not pose an imminent threat to the US without the approval of Congress. This is an unambiguous impeachable offense.”

Casten called on House Speaker Mike Johnson, R-La., to “grow a spine” and protect the war powers reserved for Congress.

Johnson said Trump respects the Constitution as he sought to lay the groundwork to defend his decision to act unilaterally.

“The President fully respects the Article I power of Congress, and tonight’s necessary, limited, and targeted strike follows the history and tradition of similar military actions under presidents of both parties,” he said in a statement.

Johnson’s remarks, along with support for Trump’s move offered by Senate Majority Leader John Thune, R-S.D., indicate that Trump may have sufficient political cover to avoid blowback from the Republican-controlled Congress.

House Minority Leader Hakeem Jeffries, D-N.Y., said Trump “failed to seek congressional authorization for the use of military force and risks American entanglement in a potentially disastrous war in the Middle East.” But he stopped short of labeling the military action illegal or unconstitutional.

House Minority Whip Katherine Clark, D-Mass., was more direct on the legal question.

“The power to declare war resides solely with Congress. Donald Trump’s unilateral decision to attack Iran is unauthorized and unconstitutional,” said Clark, the No. 2 Democrat. “In doing so, the President has exposed our military and diplomatic personnel in the region to the risk of further escalation.”

Appearing Saturday night on MSNBC, Rep. Ro Khanna, D-Calif., who co-authored the resolution with Massie, wondered whether the anti-war voters who support Trump would back his move.

“This is the first true crack in the MAGA base,” he said, noting that Trump’s rise in the 2016 primaries was aided by his move to slam President George W. Bush for the Iraq war.

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