Democratic lawmakers are questioning the legal authorities Biden used to order the strike.
A day after President Joe Biden ordered the first military action of his presidency, an airstrike in Syria, his government finds itself in the unlikely position of defending the move to Democratic lawmakers concerned about the legal authorities being used to justify this.
Thursday night’s airstrike targeted a compound used by two Iran-backed militias that the US says are responsible for missile strikes in Iraq that injured Americans. A Pentagon spokesman confirmed on Friday that there were casualties in the airstrike in eastern Syria.
On a visit to Houston on Friday, Biden told reporters that the message he sent to Iran with the attack in Syria was “you cannot act with impunity, be careful.”
John Kirby, a Pentagon spokesman, said the airstrike on the two militias was intended to limit the group’s ability to launch future attacks and send a “clear message” that the United States will protect its citizens.
Republican members of Congress have hailed the airstrike as a drag on Iran’s support for attacks on US personnel in Iraq via proxy groups.
But the response from major Democratic lawmakers has been quite the opposite.
Kirby called the airstrike “defensive” because it is intended to protect US forces from future attacks, but Democratic Senator Tim Kaine of Virginia did not see it that way.
“Offensive military action without Congressional approval is not constitutional without extraordinary circumstances,” Kaine said in a statement. “Congress must be fully briefed on this matter as soon as possible.”
Kaine has been an outspoken critic of the use of US military power in Iraq without congressional approval, going so far as to pass legislation to replace the 2002 widespread authorization for the use of military force with tighter restrictions.
“Congress must hold this administration to the same standard as previous governments, demanding clear legal justifications for military action, especially in theaters like Syria, where Congress has not explicitly authorized any US military action,” said Democratic Senator Chris Murphy. Connecticut. .
Biden government officials soon found themselves defending the legality of the strike.
“Under national law, the president has taken this action, under his authority under Article II to defend US personnel,” Jen Psaki, the White House press secretary, told reporters.
“The targets have been chosen to match the recent attacks on facilities and to deter the risk of additional attacks in the coming weeks,” she added. “Under international law, the United States acted in accordance with its right to self-defense, as set forth in Article 51 of the UN Charter.”
“I can assure you, and I spoke with the National Security team, that there was a thorough legal process and review beforehand,” Psaki said.
Kirby said Biden was “well within his legal right to order these actions,” citing the same two legal authorities to Pentagon reporters. He noted that the Pentagon had notified Congress leaders prior to the attack and had notified additional members and staff on Friday.
Thursday’s airstrike was carried out by two F-15E fighters that dropped seven precision guided ammunition and razed eleven buildings in Abu Kamal, right on the Iraqi border. While the damage assessment continues, Kirby acknowledged “we have preliminary details on victims on the spot.”