Trump administration seeks to turn War Powers Resolution into ‘paper tiger’
'Bruce Fein, a US constitutional and international law expert and former US associate deputy attorney general, spoke to Al Jazeera about the limits of the War Powers Resolution to constrain a US president determined to go to war without congressional approval.
Fein said the resolution “never says anywhere” that the 60-day deadline to receive congressional approval for military action “stops if there’s a ceasefire”.
On Thursday, a Trump administration official said – on the eve of the 60-day limit to wage war without Congress’s approval – that the war in Iran has ended due to the ceasefire that began in early April.
That means, according to reports, President Trump does not deem it necessary to seek congressional approval for military action against Iran.
Fein warned that such an interpretation “turns the resolution into simply a paper tiger”.
“You have to ask, why has President Trump not asked Congress to declare war? Just like in the Vietnam war, there was not any declaration of war there either, because he knows he would lose the vote,” Fein said.
“Why would Mr Trump not ask Congress for a declaration if he thought it would pass? He has a majority in the House and the Senate. He knows he will lose,” he said.
“The War Powers Resolution is a sideshow. The real element here is that under Nuremberg International law principles adopted by Congress, we are engaged in a criminal war of aggression,” he added.'
Trump administration seeks to turn War Powers Resolution into ‘paper tiger’
'Bruce Fein, a US constitutional and international law expert and former US associate deputy attorney general, spoke to Al Jazeera about the limits of the War Powers Resolution to constrain a US president determined to go to war without congressional approval.
Fein said the resolution “never says anywhere” that the 60-day deadline to receive congressional approval for military action “stops if there’s a ceasefire”.
On Thursday, a Trump administration official said – on the eve of the 60-day limit to wage war without Congress’s approval – that the war in Iran has ended due to the ceasefire that began in early April.
That means, according to reports, President Trump does not deem it necessary to seek congressional approval for military action against Iran.
Fein warned that such an interpretation “turns the resolution into simply a paper tiger”.
“You have to ask, why has President Trump not asked Congress to declare war? Just like in the Vietnam war, there was not any declaration of war there either, because he knows he would lose the vote,” Fein said.
“Why would Mr Trump not ask Congress for a declaration if he thought it would pass? He has a majority in the House and the Senate. He knows he will lose,” he said.
“The War Powers Resolution is a sideshow. The real element here is that under Nuremberg International law principles adopted by Congress, we are engaged in a criminal war of aggression,” he added.'
Aljazeera