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Trump’s Iran attack raises legal concerns among Democrats in Congress

Trump ordered U.S.-Israeli airstrikes on Iran; Tehran fired missiles at U.S. bases as Congress split over his authority to act without approval.
State of the Union
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As congressional Republicans applauded President Donald Trump for taking “decisive action” against Iran early Saturday, Democrats said Trump lacks the authority to order broad strikes without Congress’ approval.

The sharply divided reactions came hours after U.S. and Israeli forces launched airstrikes on Iran. In response, Iran fired missiles at U.S. military bases in the region.

The strikes came a day after the U.S. and Iran held indirect peace talks in Geneva, moderated by Oman. Trump has warned Iran for months of possible military action over concerns the country is developing nuclear weapons.

While many congressional Democrats agreed Iran is a “bad actor,” they said the situation did not warrant an attack.

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“By the president’s own words, ‘American heroes may be lost,’” said Sen. Mark Warner, co-chair of the Senate Select Committee on Intelligence. “That alone should have demanded the highest level of scrutiny, deliberation and accountability, yet the president moved forward without seeking congressional authorization. The Constitution is clear: The decision to take this nation to war rests with Congress, and launching large-scale military operations — particularly in the absence of an imminent threat to the United States — raises serious legal and constitutional concerns.”

House Democratic leader Hakeem Jeffries said, “Iran is a bad actor and must be aggressively confronted for its human rights violations, nuclear ambitions, support of terrorism and the threat it poses to our allies like Israel and Jordan in the region.” Still, Jeffries criticized Trump for not seeking congressional approval, warning that troops are being put in harm’s way.

Republicans largely defended Trump’s actions.

“Today, our commander in chief took decisive action against the threat posed by the world’s leading proliferator of terrorism, the Iranian regime,” said Sen. Roger Wicker, chairman of the Senate Armed Services Committee. “This is a pivotal and necessary operation to protect Americans and American interests. The president has stated the operation’s goals clearly: thwart permanently the ayatollahs’ desire to create a nuclear weapon, degrade their ballistic missile force and production capacity, and destroy their naval and terrorism capabilities.”

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The War Powers Act requires the president to notify Congress within 48 hours of launching military action. The act allows the president to commit troops to battle for 60 days before needing congressional approval. A U.S. source told Scripps News that the "Gang of Eight" members of Congress were briefed on Tuesday by Pentagon officials. Secretary of State Marco Rubio reached seven of these members prior to Saturday's attack, an official said.

A source also said the Pentagon provided notifications to Armed Services Committees early this morning after strikes had commenced.

One Republican who opposed Trump’s actions was Rep. Thomas Massie, who, along with Democratic Rep. Ro Khanna, introduced a bill requiring Trump to seek authorization from Congress. However, because the bill would need a two-thirds majority in both chambers to override a presidential veto, it is unlikely to become law.

“I am opposed to this war. This is not ‘America First,’” Massie said.