Democratic lawmakers question the legal authorities that Biden used to order the strike.
The day after President Joe Biden ordered his presidency’s first military action, an air strike in Syria, his government is in the unlikely position of defending the measure before Democratic lawmakers concerned about the legal authorities used to justify it.
Thursday night’s air strike targeted a complex used by two Iranian-backed militias that the United States believes are responsible for rocket attacks in Iraq that wounded Americans. A Pentagon spokesman confirmed on Friday that the casualties resulted from the air strike in eastern Syria.
Visiting Houston on Friday, Biden told reporters that the message he was sending to Iran with the attack on Syria was “you cannot act with impunity, be careful”.
Pentagon spokesman John Kirby said the air strike aimed at 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 praised the air strike as a constraint on Iran’s support for attacks against American military personnel in Iraq through proxy groups.
But the response from leading Democratic lawmakers was just the opposite.
Kirby referred to the air strike as “defensive” because it was intended to protect American troops 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 informed on this matter quickly.”
Kaine has vehemently criticized the use of American military force in Iraq without authorization from Congress, even presenting legislation to replace the broad 2002 Use of Military Force Authorization with stricter restrictions.
“Congress must maintain this administration to the same standard as it did with previous administrations and demand clear legal justifications for military action, especially within theaters like Syria, where Congress has not explicitly authorized any American military action,” said the senator. Democrat Chris Murphy of Connecticut.
Biden government officials soon found themselves defending the strike’s legality.
“As a matter of domestic law, the president took this action, according to his Article II authority to defend US personnel,” Jen Psaki, White House press secretary, told reporters.
“The targets were chosen according to the recent attacks on the facilities and to avoid the risk of further attacks in the coming weeks,” he added. “As a matter of international law, the United States has acted in accordance with its right of self-defense, as reflected in Article 51 of the UN Charter.”
“I can assure you, and I spoke to the National Security team, that there was a complete legal process and a prior review,” said Psaki.
Kirby said Biden “was within his legal right to order these actions”, citing the same two legal authorities for Pentagon reporters. He noted that the Pentagon had notified Congress leaders before the attack and informed additional members and officials on Friday.
Thursday’s air strike was carried out by two F-15E fighters that fired seven precision-guided munitions that destroyed 11 buildings in Abu Kamal, just off the Iraqi border. As the damage assessment continues, Kirby acknowledged “we have preliminary details about the victims at the scene”.