[Congressional Record Volume 166, Number 5 (Thursday, January 9, 2020)]
[House]
[Pages H67-H68]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                CONGRESS NEEDS TO FIX THE WAR POWERS ACT

  The SPEAKER. The Chair recognizes the gentleman from Oregon (Mr. 
DeFazio) for 5 minutes.
  Mr. DeFAZIO. Madam Speaker, undeniably the worst foreign policy 
mistake in the history of the United States of America was the invasion 
of Iraq based on phonied-up intelligence that was trumpeted by Dick 
Cheney, Scooter Libby, and other characters in the Bush administration.
  But just this last week, President Trump took us to the verge of an 
even worse foreign policy mistake in the Middle East. He recklessly and 
impatiently took us to the brink of war that would have been even 
worse.
  Now, yesterday, I went to the so-called intelligence briefing. They 
offered no intelligence regarding immediate imminent threats to the 
United States, our troops, or allies in the region.
  They did certainly make a case that Soleimani was a rotten guy and he 
was responsible for many, many deaths of Americans and others in the 
region, but that is all recited past history that didn't talk about any 
immediate threats or any intelligence that would lead to it.
  They further went on to say that the legal justification was the 
Authorization for Use of Military Force in the invasion of Iraq, which, 
of course, was based on phony intelligence regarding weapons of mass 
destruction he didn't have. So that is even more extraordinary if you 
think about that.
  Last week, also, the President tweeted what he said was his 
compliance with war powers. He then went on to tweet a threat of all-
out war against Iran, and then he went further to tweet that he would 
order that war crimes be committed during an all-out war against Iran.
  That was walked back a little bit by the Secretary of Defense who 
said they would follow the law. And then Trump later said: I like laws. 
I will follow the laws. So he walked back from saying he was going to 
destroy cultural threats a little bit.
  Today, on the floor of the House, we will take up a rebuke of the 
President for those actions. Hopefully, we will go further and we will 
repeal the Authorization for Use of Military Force from 2002 based on 
fake intelligence.
  We will further, hopefully, take up legislation that was adopted as 
an amendment to the defense authorization last summer, with bipartisan 
support, to say that the President couldn't initiate hostilities 
against Iran without first coming to Congress.
  Congress has the authority, and only Congress has the authority, to 
declare war. Once we are at war, the President, as Commander in Chief, 
can utilize the Armed Forces as he sees fit.
  But the President does not have the authority. This is 
extraconstitutional when it isn't an attack or an imminent attack on 
the United States, its troops, or its citizens.
  So we need to do those things.
  Further, we need to fix the War Powers Act. That was adopted after 
the illegal actions of another President, Richard Nixon, the bombing of 
Cambodia.
  There were two versions. One followed the Constitution, and said, no, 
no, any offensive actions into hostilities you first have to come to 
Congress. The second version said, well, you can initiate them, but you 
have to report within 48 hours, and if Congress doesn't authorize it 
within 60 days, you have to withdraw. That was defective and weak and 
doesn't reflect at all the congressional duties of this body.
  Now, I know a lot of Members love to dodge the issues of war and 
peace--it is the toughest vote you can make--and that is essentially 
what they did at the time, a wink and a nod: Well, we will let the 
President do these things. Hey, if it works out, we will take credit; 
if it doesn't work out, oh, well, then we can castigate him later.
  So I have introduced, yet again, a bill that comprehensively reforms 
the War Powers Act to reflect the constitutional authorities and duties 
of the United States Congress. It would say that the President cannot 
initiate hostilities without first coming to Congress.
  It would define what consultation means. It doesn't mean a tweet to 
the Congress. It doesn't mean sending up a letter. It means a 
meaningful consultation. It establishes an executive legislative 
consultative group.
  It also includes, most importantly, a sunset clause for any 
authorization by Congress.
  I mean, a thousand years from now, the United States, I guess, if we 
don't repeal the 2002 Authorization for Use of Military Force, can 
attack whatever Iraq is a thousand years from now. That is absolutely 
absurd.
  Finally, it does give Congress the authority and standing to go to 
the courts should the President violate the Constitution and the War 
Powers Act in the future--any President.

[[Page H68]]

  I have had problems with both Democratic and Republican Presidents 
over this issue over the years: Clinton, Bosnia; Bush, obviously in a 
number of cases; and then Obama in Libya and other things that they 
did, also based on the fake intelligence in the 2002 authorization.
  So let's first vote today. That is just a starting point in 
reasserting our constitutional duties.

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