[Congressional Record Volume 171, Number 166 (Wednesday, October 8, 2025)]
[Senate]
[Pages S7030-S7031]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DIRECTING THE REMOVAL OF UNITED STATES ARMED FORCES FROM HOSTILITIES
THAT HAVE NOT BEEN AUTHORIZED BY CONGRESS--Motion to Discharge
Mr. SCHIFF. Pursuant to Section 601(b) of the International Security
Assistance and Arms Export Control Act, and as provided under the order
of October 7, 2025, I move to discharge the Committee on Foreign
Relations from further consideration of S.J. Res. 83, to direct the
removal of the United States Armed Forces from hostilities that have
not been authorized by Congress, and I ask for the yeas and nays.
Mr. WELCH. Mr. President, I strongly support this resolution and
commend my colleagues from California and Virginia for their
leadership. In the space of just 4 weeks, the Department of Defense has
destroyed four small boats in the Caribbean Sea, in each instance
killing everyone on board. Without producing any evidence, the
Secretary of Defense, the Secretary of State, the Attorney General, and
President Trump have justified these assassinations of civilians on the
grounds that the occupants were ``narco-terrorists'' and ``enemy
combatants.''
There is not a single Member of Congress who does not abhor the crime
of drug trafficking and the horrific toll that illegal drugs, as well
as prescription opioids, are taking in this country. Every State is
affected. The insatiable demand for cocaine, fentanyl, and other
dangerous drugs has ravaged whole communities and caused the addiction
and deaths of millions of Americans. There is no question that we are
not doing enough to deal with this problem, either here at home or in
the source countries. Yet the President's fiscal year 2026 budget would
cut hundreds of millions of dollars for drug treatment programs,
despite Americans' unmet demand for treatment, and for grants to
support State and local law enforcement. It is a glaring disconnect
between rhetoric and action. If Congress approves these cuts, we will
be complicit with the White House in making this problem worse.
Rather than increasing resources for treatment, local law
enforcement, and drug courts, which have long been proven to be the
best antidotes against drug addiction and the violent crime associated
with it, this administration has labeled drug traffickers as ``foreign
terrorist organizations'' and deployed U.S. warships and other military
assets to combat them.
There is no question that drug traffickers, criminal gangs, and other
criminal enterprises engage in horrific and violent acts. Murder is
murder, whether committed by a human trafficker, a drug trafficker, or
a member of al Qaeda. But there are fundamental differences in their
motivation, which legally distinguishes a drug trafficker from a
terrorist. It is common knowledge that a drug trafficker's purpose is
financial enrichment, while the definition of a ``terrorist'' is a
person who uses violence or the threat of violence to instill
widespread fear to achieve a political or ideological goal.''
Meanwhile, other governments are using the label ``terrorist'' to
defame and criminalize social activists, political opponents, and
journalists who engage in peaceful dissent. This is common practice in
Iran, Russia, Egypt, and Saudi Arabia, where dissidents are imprisoned
and even executed for being so-called ``terrorists.''
Neither the White House, nor the Department of Defense, nor the
Department of Justice have publicly provided legal justification for
these summary executions of alleged drug traffickers in international
waters. They have produced no evidence that the unidentified
[[Page S7031]]
people in those boats were in fact trafficking drugs and no evidence
that they met the definition of ``terrorist.'' Extrajudicial killing is
a crime in this country and a violation of international law. Simply
calling someone a terrorist does not change that.
Our collective interest is in stopping drug trafficking, drug
addiction, and the violence associated with it. But above all, we are a
nation of laws, and the administration is flagrantly violating the law
in ways that threaten all Americans. If the President can label anyone
a terrorist regardless of the well-established legal definition,
without saying who they are or producing any evidence, and then
conducting a military strike on them, where do we draw the line? Is a
drug trafficker in Miami or St. Louis a terrorist? Is a bank robber a
terrorist? Are kidnappers terrorists? Is the administration going to
start calling Americans who protest the arrests of migrants who are
legally in this country terrorists?
When asked for an explanation, administration officials routinely
ignore the question, insisting that narco-terrorists are legitimate
targets. But that is not what the law says. And as Attorney General
Bondi often says, no one is above the law. That includes the Department
of Defense and the Department of Justice.
Drug traffickers should be arrested, convicted, and punished.
Terrorists should be brought to justice. But no American President,
Secretary of Defense, or Attorney General has the legal authority to
condone or carry out extrajudicial killings when we are not at war,
which only Congress can declare, and the country is not facing an
imminent attack.
Vote on Motion
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The yeas and nays were ordered.
Mr. SCHIFF. I yield the floor.
The PRESIDING OFFICER. The question is on agreeing to the motion.
The yeas and nays having been ordered, the clerk will call the roll.
The bill clerk called the roll.
Mr. BARRASSO. The following Senator is necessarily absent: the
Senator from Texas (Mr. Cruz).
The result was announced--yeas 48, nays 51, as follows:
[Rollcall Vote No. 555 Leg.]
YEAS--48
Alsobrooks
Baldwin
Bennet
Blumenthal
Blunt Rochester
Booker
Cantwell
Coons
Cortez Masto
Duckworth
Durbin
Gallego
Gillibrand
Hassan
Heinrich
Hickenlooper
Hirono
Kaine
Kelly
Kim
King
Klobuchar
Lujan
Markey
Merkley
Murkowski
Murphy
Murray
Ossoff
Padilla
Paul
Peters
Reed
Rosen
Sanders
Schatz
Schiff
Schumer
Shaheen
Slotkin
Smith
Van Hollen
Warner
Warnock
Warren
Welch
Whitehouse
Wyden
NAYS--51
Banks
Barrasso
Blackburn
Boozman
Britt
Budd
Capito
Cassidy
Collins
Cornyn
Cotton
Cramer
Crapo
Curtis
Daines
Ernst
Fetterman
Fischer
Graham
Grassley
Hagerty
Hawley
Hoeven
Husted
Hyde-Smith
Johnson
Justice
Kennedy
Lankford
Lee
Lummis
Marshall
McConnell
McCormick
Moody
Moran
Moreno
Mullin
Ricketts
Risch
Rounds
Schmitt
Scott (FL)
Scott (SC)
Sheehy
Sullivan
Thune
Tillis
Tuberville
Wicker
Young
NOT VOTING--1
Cruz
The motion was rejected.
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