Democratic lawmakers question the legal authorities Biden used to order the strike.
A day after President Joe Biden ordered his presidency’s first military action, an air strike in Syria, his administration is unlikely to defend the move to Democratic lawmakers concerned about ordinary legal authorities to justify it.
Thursday’s airstrike targeted a complex used by two Iranian-backed militias, which the United States believes are responsible for the rocket attacks in Iraq that injured the Americans. A Pentagon spokesman confirmed Friday that they had been killed in an air strike in eastern Syria.
Visiting Houston on Friday, Biden told reporters that the message he was sending to Iran with the Syrian attack was “you can’t act, 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 would protect its citizens.
Republican members of Congress praised the airstrike as a check on Iran’s support for attacks on U.S. personnel in Iraq through empowerment groups.
But the response of key Democrats has been the opposite.
Kirby referred to the airstrike as “defensive” because it is intended to protect US troops from future attacks, but Democratic Sen. Tim Kaine of Virginia did not see it that way.
“Offensive military action without congressional approval does not constitute the absence of extraordinary constitutional circumstances,” Kaine said in a statement. “Congress must be fully informed on this issue as soon as possible.”
Kaine has been a critical critic of the use of U.S. military force in Iraq without congressional authorization, going as far as introducing legislation to replace the 2002 broad authorization for the use of narrower-restricted military force.
“Congress should maintain this administration to the same standard as in previous administrations and seek clear legal justifications for military action, especially within theaters such as Syria, where Congress has not explicitly authorized any U.S. military action.” said Democratic Sen. Chris Murphy of Connecticut.
Biden administration officials soon found themselves defending the legality of the strike.
“As a matter of domestic law, the president has taken action in accordance with his Article II authority to defend U.S. personnel,” White House press secretary Jen Psaki told reporters.
“The targets were chosen to respond to recent attacks on the facilities and to discourage the risk of further attacks in the coming weeks,” she added. “As a matter of international law, the United States has acted in accordance with its right to 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 an in-depth legal process and an advance review,” Psaki said.
Kirby said Biden “falls within his legal right to take such action,” citing the same two legal authorities to Pentagon reporters. He noted that the Pentagon notified congressional leaders before the attack and informed members and additional staff on Friday.
Thursday’s airstrike was carried out by two F-15E fighter jets that dropped seven precision-guided ammunition that leveled 11 buildings in Abu Kamal, right on the border with Iraq. While the damage assessment continues, Kirby acknowledged “we have preliminary details about the victims on the spot”.