In the Sept. 4 notice, President Donald Trump said he was submitting it “to keep the Congress fully informed, consistent with the War Powers Resolution.”
Trump administration tells Congress war law doesn’t apply to cartel strikes
The Office of Legal Counsel told select lawmakers that the executive branch is not bound by the War Powers Resolution, which requires congressional approval for any military action that exceeds 60 days.
washingtonpost.com
A top Justice Department lawyer has told lawmakers that the Trump administration can continue its lethal strikes against alleged drug traffickers in Latin America — and is not bound by a decades-old law requiring Congress to give approval for ongoing hostilities.
T. Elliot Gaiser, head of the Trump administration’s Office of Legal Counsel, made his remarks to a small group of lawmakers this week amid signs that the president may be planning to escalate the military campaign in the region, including potentially hitting targets within Venezuela.
The president needs lawmakers’ approval for sustained military action under the 1973 War Powers Resolution, which was passed in the wake of the Vietnam War to prevent another drawn-out, undeclared conflict.
A 60-day clock started ticking after the administration informed Congress on Sept. 4 that it had conducted a strike on an alleged drug boat in the Caribbean two days earlier. It has followed that with other strikes and has killed dozens of people.
The 60-day window closes Monday, and until now it had been unclear what the administration would do.
Gaiser said the administration didnot believe the strikes met the definition of hostilities under the law and did not intend to seek an extension of the deadline nor Congress’s approval of ongoing action, according to three people familiar with the matter, who, like others interviewed for this article, spoke on the condition of anonymity because of the sensitivity of the matter.
“The administration appears to be blowing through the 60-day limit,” a senior congressional aide said.
Asked for comment, a senior administration official said the War Powers Resolution did not pertain to the current situation, because, “even at its broadest … [it] has been understood to apply to placing U.S. service-members in harm’s way.”
The official said the administration does not believe U.S. troops are in danger in the ongoing operation, so the law did not apply.“The operation comprises precise strikes conducted largely by unmanned aerial vehicles launched from naval vessels in international waters at distances too far away for the crews of the targeted vessels to endanger American personnel,” the official said in an email.
In essence, the official said, “the kinetic operations underway do not rise to the level of ‘hostilities.’”
National security experts challenged the administration’s interpretation.
“What they’re saying is anytime the president uses drones or any standoff weapon against someone who cannot shoot back, it’s not hostilities‚” said Brian Finucane, a former legal adviser to the State Department who is now a senior adviser for the U.S. program at the International Crisis Group. “It’s a wild claim of executive authority.”
If the government ignores the Monday deadline, he said, “it is usurping Congress’s authority over the use of military force.” Under the Constitution, only Congress can declare war.
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