WASHINGTON — Defense Secretary Pete Hegseth appeared to make the case that a law setting a deadline for how long a president can carry out military action abroad without Congress declaring a war does not currently apply to the situation in Iran, one day before the key date will be reached.
What You Need To Know
Defense Secretary Pete Hegseth appeared to make the case that a law setting a deadline for how long a president can carry out military action abroad without Congress declaring a war does not currently apply to the situation in Iran
Appearing before the Senate Armed Services Committee Thursday, Hegseth pointed to the pause in fighting President Donald Trump announced with Iran on April 7 to argue that the clock on the 60-day timeframe outlined in the 1973 War Powers Resolution is on hold
The War Powers Resolution passed by Congress in 1973 requires that hostilities carried out without Congress declaring a war must end within 60 days after the president notifies lawmakers of the action
Trump directed the U.S. to join Israel in launching strikes on Iran, sparking the war, on Feb. 28 but formally notified Congress on March 2, making the day in which the 60-day timeframe is set to expire Friday
Most Senate Republicans Thursday voted against another attempt by Democrats to pass a resolution aiming to limit Trump’s ability to continue actions in Iran alone but one member of the GOP flipped sides
Appearing before the Senate Armed Services Committee Thursday, Hegseth pointed to the pause in fighting President Donald Trump announced with Iran on April 7 – a ceasefire he has since extended – to argue that the clock on the 60-day timeframe outlined in the 1973 War Powers Resolution is on hold.
“Ultimately, I would defer to the White House and White House council on that,” Hegseth said in response to a question from Democratic Sen. Tim Kaine of Virginia on the timeline. “However, we are in a ceasefire right now, which our understanding means the 60-day clock pauses or stops in a ceasefire.”
The War Powers Resolution passed in 1973 established requirements that a president seeking to engage U.S. forces in armed conflicts abroad must follow to uphold Congress’ Constitutional authority to declare war. Among the mandates in the law is a requirement that any on-going hostilities being carried out without Congress declaring a war must end within 60 days after the president notifies lawmakers of the action.
Trump directed the U.S. to join Israel in launching strikes on Iran, sparking the war, on Feb. 28 but formally notified Congress on March 2, in keeping with the 48-hour reporting requirement in the war powers act. That makes the day in which the 60-day timeframe is set to expire Friday.
Many Democrats in Congress – most of whom have been highly critical of the war more broadly, including its price tag – are pointing to the day as a key inflection point in the conflict.
“I do not believe the statute would support that,” Kaine said in response to Hegseth’s answer about the ceasefire stopping the clock during Thursday’s hearing.
The Virginia Democratic senator went on to say that Friday is “going to pose a really important legal question for the administration.”
Democrats in the upper chamber have sought to force a series of votes on war powers resolutions – based on the 1973 law – that aim to limit Trump’s ability to continue to unilaterally carry out actions in Iran without congressional approval. But a half a dozen of such measures have failed to move forward as most Senate Republicans have rejected the attempts.
The latest rejection on Thursday, however, did see one member of the Senate GOP, Sen. Susan Collins of Maine, who had been voting against the resolutions, flip sides in support of the effort.
“As I have said since these hostilities with Iran began, the President’s authority as Commander-in-Chief is not without limits,” Collins wrote on X of her vote. “The Constitution gives Congress an essential role in decisions of war and peace, and the War Powers Act establishes a clear 60-day deadline for Congress to either authorize or end U.S. involvement in foreign hostilities. That deadline is not a suggestion; it is a requirement.”
In a press release ahead of Thursday’s vote, Democratic Sen. Adam Schiff of California said that some of his colleagues, presumably Republicans, “indicated that the War Powers Act’s 60-day mark is the moment they may join our efforts to bring this war to its conclusion” beore going on to criticize the conflict more broadly.
“After two months of war, thirteen service members’ lives lost, and billions of dollars squandered, it is time we recognized that the price we have paid is already too high,” Schiff wrote. “We must say no to this unauthorized war of choice.”
Since returning to the White House, Trump has faced consistent criticism from Democrats and some skepticism from Republicans regarding his willingness to direct U.S. military action around the world without consulting Congress first in general. That was particularly true as the administration carried out deadly strikes against dozens of boats in the Caribbean Sea and eastern Pacific Ocean and following the U.S. capture of Venezuelan leader Nicolás Maduro earlier this year.
According to the official website for U.S. federal legislative information, the War Powers Resolution does allow a president to extend the 60-day period for another month by certifying in writing to Congress the need for continued use of force.
Hegseth did not answer Kaine’s question regarding whether the president would notify Congress of the need for a 30-day extension.