Democrats are calling for briefing on the legal justification of Biden’s strike in Syria

Sens. Tim Kaine (D-Va.), Chris Murphy (D-Conn.), And Rep. Ro Khanna (D-Calif.) Are among the Democrats criticizing the Biden government for Thursday night’s airstrike against facilities in Syria that related to an Iran. backed militia group, demanding that Congress be promptly briefed on the matter.

Why it matters: The strikes, which the Pentagon and National Security Council said were in response to threats against US forces in the region, represent the Biden administration’s first overt military action.

What they say:

  • Kaine: “Offensive military action without Congressional approval is not constitutional if there are no extraordinary circumstances. Congress must be fully briefed on this matter quickly.”
  • Murphy: “Congress must hold this administration to the same standard as previous governments, demanding clear legal justifications for military action, especially in theaters such as Syria, where Congress has not explicitly authorized any US military action.”
  • Khanna: “We cannot stand up for Congressional approval for military strikes only if there is a Republican president. The government should have asked Congress for permission here. We must work to get out of the Middle East, not escalate. “

The other side: The Pentagon said in a statement Thursday that the attack was carried out “in response to recent attacks on US and coalition personnel in Iraq” and was intended to “de-escalate the overall situation in both Eastern Syria and Iraq.”

  • A National Security Council spokesman said the Pentagon has notified Congress in advance and the government continues to inform the Hill at the level of members and staff.
  • “Under federal law, the President took this action by virtue of his authority under Article II to defend US personnel.”
  • There will be a full secret briefing “early next week, and sooner if Congress wants it,” the NSC spokesman added.

The big picture: All three Democrats have spoken out against the attempts by former presidents to conduct offensive military operations without congressional approval.

  • Kaine has led the Senate indictment to revoke the 2002 Authorization to Use Military Force (AUMF) against Iraq and the 2001 AUMF – which has been repeatedly cited by presidents to justify US military action around the world – to be replaced by a narrower authorization.
  • Kaine and Khanna also introduced resolutions passed by Congress in 2020 that required former President Trump to have congressional approval before taking military action against Iran, but the president had vetoed.

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