[Congressional Record Volume 172, Number 80 (Tuesday, May 12, 2026)]
[Senate]
[Pages S2215-S2220]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                         War Powers Resolution

  Mr. MERKLEY. Mr. President, this Chamber has before it a very 
important question: Will Congress embrace and exercise its 
constitutional responsibility to decide, as Madison put it, the 
question of war?
  That is a heavy responsibility. It is no small matter to decide 
whether or not the United States should go to war or to decide whether 
or not to end a war. It is a question of blood and treasure. The lives 
of thousands can hang in the balance--the lives of soldiers on both 
sides, the lives of civilians.
  The wars in Iraq and Afghanistan resulted in the deaths of more than 
5,000 American servicemembers and the deaths of approximately 250,000 
civilians in Afghanistan and Iraq and they resulted in massive use of 
American treasure, some $8 trillion.
  It is tempting for Members of this Chamber to shirk this 
responsibility. The question weighs too heavily on us. ``Let's let the 
President decide.''
  But if you took an oath to the Constitution, as every Member here 
did, then you know that letting the President decide is 
unconstitutional. The Constitution did not assign this weighty issue of 
war to the President. It assigned this weighty issue to all of us here 
in Congress.
  As Madison summarized: The Constitution supposes what the history of 
all governments demonstrates, that the Executive is the branch of power 
most interested in war and most prone to it. The Constitution has 
accordingly, with studied care, vested the question of war in the 
legislative branch.
  With studied care, the Founders said: No one person should decide the 
question of whether we go to war. The weight of the decision in blood 
and treasure is too great, so there needs to be debate. There needs to 
be viewpoints exchanged before such a significant action is taken. And 
that is why it is assigned to us.
  Now the modern version of declaring war is to pass an authorization 
for the use of military force, or an AUMF. That is the system set up in 
the 1973 War Powers Act following Vietnam where there was no 
authorization ever granted, and yet a massive calamity for American 
servicemembers, some 50,000-plus who died and so many injured and so 
much treasure expended.
  So Congress by law with the signature of the President said: Let's 
set up a system to take that constitutional provision where the 
question of war is assigned to Congress and create a format through 
which it can be considered. And that law--that 1973 law--says the power 
of war can only be exercised under three possibilities.
  One, there is a declaration of war. Second, Congress passes a law and 
a President signs it into law to create an authorization for war.
  And that, in fact, is what happened in the case of Afghanistan and 
Iraq. The President came to Congress and said: Here are the arguments. 
I want you to authorize war as required in the Constitution.
  This Chamber and the House Chamber considered this question, and we 
passed an AUMF, an authorization for use of military force.
  Those wars were entered into under a constitutional path. And whether 
or not any one individual agreed with the outcome, at least it was 
constitutional in that it was the result of studied debate here in this 
Chamber and down the Hall in the House of Representatives.
  The War Powers Act creates a third option. Under a special 
condition--sometimes it is referred to as ``the condition of imminent 
threat,'' that we are under attack or on the verge of being under 
attack. The specific language in the War Powers Act says that the power 
of war can be exercised if there is a national emergency created by an 
attack upon the United States, its territories, or its Armed Forces.
  But it places a 60-day limit on that. Now many experts would say this 
option was never triggered in this case because there was not a 
national emergency created by an attack on the United States. But some 
Members of this body have said: close enough. The threat from Iran was 
close enough. We consider that a valid third option.
  I would disagree, but others had a different opinion and then said: 
but when that 60 days are up, that is exhausted and the President must 
withdraw forces as required in the War Powers Act or must come to us 
with an authorization for the use of military force, which has not 
happened.
  So if the President fails to withdraw forces and the President fails 
to come to us with an authorization for the use of military force, then 
it is incumbent on us to pass a War Powers Resolution that says: Mr. 
President, you are in violation of the Constitution, and you must end 
this war. If you want to continue it, come and ask for constitutional 
authorization. The 60 days are up.
  Someone said: Well, the war is not as fierce as it was previously. 
There is kind of a paper version of a cease-fire in place, and maybe 
that suspends the clock on the 60 days, a clock that expired on May 1.
  But, you know, the War Powers Act does not have a provision that says 
if the war becomes less fierce, it doesn't count against the 60 days. 
That is not in the law. That is not in the vision under which this was 
prepared and written for the exercise of our constitutional 
responsibility.
  And everybody in the world knows that the war has continued. The 
Navy--our Navy--has continued a blockade of Iranian ports. That is an 
act of war.
  Our Navy has fired on Iranian naval vessels. That is an act of war.
  Our Navy has fired on Iranian oil tankers. That is an act of war.
  And Iran, they also have continued the war. They have fired on United 
States naval ships, including the use of drones, missiles, and bullets; 
fired on

[[Page S2216]]

commercial vessels; and fired on regional outposts, including the 
United Arab Emirates.

  So the war has continued, and the 60 days has expired. And during 
those 60 days, a lot has happened; none of it benefitting our national 
security. We strengthened the Iranian hardliners, virtually what always 
happens when you assassinate religious and political leaders as we did.
  We weakened the reformers. We failed to secure Iran's stockpile of 
more highly enriched uranium, and we have no strategy to extract them.
  We have shredded moral leadership as champions of human rights. We 
enriched and emboldened Russia by easing oil sanctions; and not only 
could Russia then sell their oil legally at a higher price, but the war 
raised the value they could get from $60-ish to $120.
  We depleted our munitions stockpile. We increased fertilizer costs. 
We raised prices at the pump for American families.
  People keep saying: In our State, it is $4 a gallon and diesel is $5 
a gallon. Well, in Oregon, it is $5 for gasoline and $6 for diesel. And 
we fueled inflation. Last month, April, the highest inflation in 3 
years, 3.8 percent.
  Those fuel costs are already affecting businesses. A number of 
airlines have cut flights and cut services. Spirit Airlines went out of 
business, forcing them to lay off 17,000 workers. And all across the 
country, farmers and small businesses and large businesses are seeing 
these inflationary effects and certainly American families are feeling 
the higher prices on everything. And we have spent from our national 
treasure somewhere around a $1 billion-plus a day.
  During his campaign, our President said: I am going to end wars. I am 
going to lower prices.
  But he has started a war, and he has raised prices. And now, if one 
embraces the War Powers Act, if one argues that there was an imminent 
threat--which I do not believe that test was met. But if you believe 
that test was met and you gave the President 60 days of grace--well, 
those 60 days are up.
  And since the President has not come to us and said, ``I now want an 
authorization for war'' and we are not debating that on the floor, then 
our responsibility is to exercise a War Powers Resolution that says: 
Mr. President, end this war.
  It is the right thing for us to do to defend the Constitution we took 
an oath to. Failure to do so is to violate the Constitution we took an 
oath to.
  So I hope that at this point we will have bipartisan support to 
embrace the responsibility that the Constitution assigns to us on the 
question of war. It is a heavy responsibility. It is tempting to shirk 
that responsibility and let the President decide, but it is neither the 
moral thing to do nor is it constitutional.
  Laws are not suggestions. The Constitution is not an option, not for 
the President and not for us.
  There is no constitutional path for the continuation of this war 
unless the President arrives today with a proposal for an authorization 
to be debated. And that has not happened. The only constitutional path 
left is to vote aye on the War Powers Resolution.
  An ``aye'' vote honors the wisdom of our Founders that assigned us 
this responsibility and honors our responsibility under the 
Constitution. A ``no'' vote dishonors the wisdom of the Founders who 
assigned this responsibility to us and dishonors our obligation under 
the Constitution.
  Let's carry this weight, however heavy it may be, and in a bipartisan 
fashion restore and honor considerations that place--the Constitution 
places with us the question of war. An ``aye'' vote tomorrow is the 
right vote.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Wisconsin.
  Ms. BALDWIN. Mr. President, I rise today to once again call on my 
Republican colleagues to listen to their constituents and bring an end 
to this war of choice.
  Let's be clear. Americans do not like this war because they are the 
ones paying for it. American taxpayers have already been forced to 
shell out at least $29 billion for a conflict with no end in sight. 
Hundreds of American servicemembers have been injured, and 13 Americans 
have lost their lives. And Americans are paying the price for this war 
at the gas pump every single day as the cost of just about everything 
seems to be going up.
  Today, we learned that inflation tripled in March, showing consumer 
prices rose by nearly 4 percent. Make no mistake--that jump was almost 
singlehandedly caused by Donald Trump's war in Iran, which has sent gas 
prices skyrocketing 50 percent since he chose to start this conflict.
  It is not just gas prices and travel costs going up for Wisconsin 
families; the price of just about everything will increase as 
transporting goods to markets continues to rise. These cost increases 
are simply not manageable for many of my constituents and will force 
them to make impossible decisions.
  I am hearing from Wisconsin farmers who are paying through the nose 
for the fertilizer and diesel they need to plant their crops this 
spring. As of today, the average price for diesel in Wisconsin is $5.84 
per gallon. That is $2.61 higher than 1 year ago. One Wisconsin farmer 
told the local news that he is paying $2,000 more for diesel fuel this 
planting season than in previous years. Fertilizer is also getting more 
expensive because of Donald Trump's war. Fertilizer inputs shot up 
nearly $700 per ton in late April--nearly $250 more than the day before 
the war started. According to a recent survey, about 70 percent of 
farmers nationwide say they were unable to afford all the fertilizer 
they need for this planting season. For Wisconsin farmers who work on 
very tight margins, these price increases could be make-or-break for 
their businesses.
  Donald Trump vowed to bring prices down on day one. Instead, he has 
illegally started a war all on his own that is jacking up the cost of 
just about everything.
  On behalf of our constituents, who are paying the price for this war 
of choice, I implore my Republican colleagues to do their job and end 
this conflict. Every day this war drags on is another day that the 
American people will be forced to pay for it.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Connecticut.
  Mr. MURPHY. Mr. President, I am glad to be on the floor--sixth, 
seventh, eighth week in a row; I have lost count--this week to support 
Senator Merkley's resolution to end the war in Iran.
  It is simple: This is a war that is making America less safe. It is a 
war that is costing the people of this country billions of dollars. It 
has resulted in untold numbers of civilian deaths in the region. The 
entire world economy is spiraling out of control. Prices for gas are 
through the roof--$6 a gallon in many parts of the country--and the 
cost of everything is going to go up very quickly.
  But in my short remarks today, I really want to take the 
administration's war goals at face value and, 74 days into this 
conflict, assess whether we are closer to meeting those goals or 
further away.
  Secretary Hegseth was before the Appropriations Committee today, and 
we really got very little information from him as to whether this 
essential question--the meeting of war goals--is answerable. Let me try 
to answer it.
  The first thing that the administration said they wanted to do was to 
annihilate Iran's navy. Well, they have essentially destroyed Iran's 
conventional navy, but they have not destroyed Iran's fleet of 
speedboats and so-called suicide skiffs that effectively closed the 
Strait of Hormuz, and it goes without saying that that feat is 
impossible. The administration will never be able to eliminate all of 
Iran's small speedboats that drop mines in the strait or threaten to 
drop mines in the strait and these suicide skiffs, which run these 
suicide missions at tankers and boats in the strait. So as long as that 
fleet of small boats is able to harass traffic in the strait, 
effectively close down the strait, you have not annihilated Iran's 
navy, and you will never annihilate Iran's navy. So you can claim that 
you sunk some big boats, but it is the small boats that have closed the 
Strait of Hormuz and created a global catastrophe.
  The second goal that the administration states is to destroy Iran's 
ballistic missiles. Now, Trump recently claimed that Iran only has 18 
to 19 percent of their ballistic missiles left, but according to public 
reporting, a CIA assessment has found that Iran actually retains 70 
percent of its missiles. So we

[[Page S2217]]

have expended tens of billions of dollars, we have dramatically 
depleted our munitions stores, and Iran still has 70 percent of its 
missiles. That same public reporting suggests that Iran is already 
starting to dig out from the damage we did and rebuild some of the 
launchers and the missiles that we damaged.
  Similarly, another war aim was to destroy their drone fleet. The CIA 
assessment says Iran still has 70 percent of its drones. Realistically, 
drones are so easy to manufacture, there was never going to be a way 
through an air campaign alone for us to be able to eliminate their 
drone capacity. It is another reason the strait is closed.
  There is no military mechanism available to the United States to open 
the strait because we cannot find all of their small speedboats, we 
cannot find all of their drones.
  So 74 days of war and billions of dollars spent, over a dozen 
Americans killed, and Iran still has their drone fleet.
  The last goal--and the President has doubled down on this goal--is to 
stop Iran from ever being able to acquire a nuclear weapon.
  Now, we know for sure you can't actually achieve that goal through 
military action--not without regime change, not without U.S. boots on 
the ground. The administration has said we are not going for regime 
change. They seem very comfortable with the new regime, which is, by 
all accounts, more radical and more dangerous than the regime that they 
displaced. While Trump still keeps open the possibility of putting 
boots on the ground, as of today, it doesn't appear that there are 
going to be hundreds of thousands of American troops going into Iran to 
take their enriched uranium and their fissile material.
  So the only way that you are going to effectuate this goal--stopping 
Iran from being able to acquire a nuclear weapon--is by taking the same 
path that we were pursuing under President Obama--a diplomatic path. So 
the question then is just: Are you going to get a better diplomatic 
deal today than you got when President Obama was in office? And all the 
evidence suggests that you are going to get a much worse deal today 
than you got when President Obama pursued this same path--for two 
reasons.
  First, Iran has much more leverage today. I heard Secretary Hegseth 
say today in our hearing that America has all the leverage. That is 
just made up because the facts on the ground are pretty simple.
  In 2013, when President Obama was negotiating this deal with Iran, 
their economy was crippled, but Iran didn't control the Strait of 
Hormuz. Today, Iran's economy is crippled, but they control the Strait 
of Hormuz. They have more leverage today than they had in 2013. In 
2013, we certainly held open the specter of a military attack, but now 
Iran has the leverage of knowing that it can survive the best punch 
that America can throw. After 74 days into the war, the regime is still 
standing. Their missile program still exists. Their drone program still 
exists. Their nuclear program still exists. They control the Strait of 
Hormuz. They have more leverage today than they did in 2013.
  The second reason you are going to get a worse diplomatic deal is 
that the stakes are lower for Iran because, once Trump pulled out of 
the Obama agreement, Iran pressed fast-forward on their nuclear 
research program.
  Before the Obama nuclear agreement, Iran was enriching to 20 percent. 
The nuclear agreement brought them down to 3 percent. Since Trump 
pulled us out of that agreement, Iran has gone from enriching 3 percent 
all the way up to 60 percent. And we all know that, once you are at 60 
percent, it is really just a political decision to get to 90 percent, 
which is what you need for a bomb.
  So Iran now has the knowledge, in perpetuity, to be able to very 
quickly get to enough nuclear material--enriched at a high enough 
level--to be able to make a bomb.
  Maybe, in this agreement, they agree to go back to 3 percent or maybe 
they even agree to pause, for a period of time, enrichment. That is a 
different calculation for Iran today than it was in 2013 because they 
can easily make that agreement knowing that the minute they decide to 
rush to a bomb, they can get there much faster now because of Trump's 
decision to pull out of the agreement.
  You are going to get a worse diplomatic deal under these 
circumstances than you got in 2013.
  So I just share that with all of you because, even if you take their 
warnings at face value--and they seem to be changing by the week--they 
haven't achieved a single one of them, and there is no hope of their 
achieving those objectives even if they were to restart the war.
  So why are we doing this? Why are we doing this if we can't achieve 
any of our objectives and if the price of the war is being paid for by 
American citizens and by American farmers?
  I understand that the President is full of hubris and pride. I 
understand my Republican colleagues, in having backed this war, are 
having a hard time squaring reality with their stated position of 
supporting the war.
  But it is OK to change your mind. It is OK to look at the facts on 
the ground, come to the conclusion that the war didn't go the way that 
the President promised you it would go, and join us and vote to end 
this war. I know that is difficult for any political figure who has 
made it all the way to the U.S. Senate to admit that they were wrong.
  But my Republican colleagues were wrong. Nobody can come to the floor 
and make an argument that there is a path through the continuation of 
this war to eliminate their ballistic missile program or their drone 
program. I think it would be hard for folks to suggest that the longer 
this war goes on, the better a diplomatic agreement we are going to 
get.
  So we are going to continue to come to the floor and ask for our 
colleagues to join us because, out there in the American public, this 
isn't much of a debate. People want this war to end. They cannot 
sustain the costs of this war any longer. I appreciate the work of my 
colleagues in continuing to bring these motions to the floor. This is 
our one and only opportunity to debate war.
  Our Republican colleagues--74 days into this war--have still not 
brought a resolution before the Senate to authorize the war. That is in 
violation of the Constitution. Every single day, we as a body are in 
violation of the Constitution. So it is left to the Democrats to force 
this debate on a weekly basis, which we will continue to do until this 
war ends.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Idaho.
  Mr. RISCH. Mr. President, today, I come to the floor, once again, 
after numerous--and I have lost count of how many of these the 
Democrats have tried--to set the legal record on the war powers 
straight and in plain terms.
  The first thing we need to do is look at what the Democrats are 
trying to do here. They want to pass this resolution, which states in 
relevant part:

       Congress hereby directs the President to remove the United 
     States Armed Forces from hostilities within or against Iran.

  So what they are asking and telling the President to do is to remove 
the U.S. Armed Forces from hostilities within or against Iran. Those 
hostilities do not exist today and have not existed for some time.
  So let's look at what has actually happened from a factual basis.
  On February 28, the President exercised his constitutional duty to 
protect American interests--not his right but his duty that he took an 
oath to do to protect Americans and America's interests. Not only was 
the military action he took legally permissible under article II of the 
Constitution, but it was the President's duty to act.
  Presidents across both parties, over many, many years--indeed, many 
of my Democratic colleagues--have consistently maintained that Iran can 
never have a nuclear weapon, and with good reason. Iran is a country 
that is run by radical Shia clerics, whose slogan is, literally, 
``Death to America.'' This regime has sponsored terrorism and has 
kidnapped and killed thousands of American citizens since it commenced 
this war against the United States 47 years ago.
  We all remember when it happened. They took possession of our Embassy 
in Iran, kidnapped the employees we had there, and held them for 400-
plus days. All the action we have taken since then has been defensive. 
They

[[Page S2218]]

have continued offensive actions against us and, as I said, over the 
years, have killed thousands of U.S. citizens.
  The actions taken on February 28 comport with longstanding legal 
precedent, over many decades, from the Presidents of both political 
parties. The military operations we are talking about were not and are 
not--nor are they even close to--operations that took place in Vietnam, 
Afghanistan, or Iraq, nor will they ever be. My friends on the other 
side of the aisle have tried to put the two together and compare this 
to those actions. They are not.
  Under the War Powers Resolution, the President is supposed to notify 
Congress within 48 hours after introducing U.S. Armed Forces into 
hostilities. He did that on March 2, as required, fully consistent with 
the law.
  Now, my colleagues on the other side of the Chamber keep saying that, 
somehow, the administration is not in compliance with a 60-day clock.
  Let me highlight this point: The President's notification to this 
body on May 1--within that 60-day period--was crystal clear: The 
operations that began on February 28 had been terminated. The 
hostilities ended with the April 7 cease-fire. They are over--full 
stop.
  Now, that doesn't say they won't start again. But that operation is 
over and ended, and we were so notified. Indeed, President Trump's May 
1 letter fully informed Congress as to the status of this matter. The 
War Powers Resolution does not require such reporting. Nonetheless, the 
President gave it.
  In short, this is much more information than previous Presidents have 
provided to Congress.
  For the reasons that I have just stated, I intend to vote against 
this resolution, and I urge my colleagues to do likewise.
  The PRESIDING OFFICER. The Senator from Oregon.
  Mr. MERKLEY. Mr. President, my colleague from Idaho made a few points 
in his presentation on why he would oppose exercising the War Powers 
Resolution, and I think it is worth noting those points and considering 
whether or not they hold water.
  First, he said hostilities have ceased because the President says so, 
but it is the facts on the ground that matter, and the fact on the 
ground is that the United States continues a blockade--an act of war--
against Iranian forces. We have fired upon Iranian ships, and we have 
fired upon Iranian tankers. Iran maintains a blockade of the Strait of 
Hormuz, which is an act of war, and they have fired on U.S. Naval 
vessels, and they have fired upon U.S. commercial ships, tankers. So it 
may be at a lower level than the massive bombing that occurred before, 
but there certainly is nothing close to what we would call a cease-fire 
and certainly not a withdrawal.
  Now, the War Powers Act says that after 60 days, you have to end the 
hostilities, and you can ask for another 30 days to withdraw forces. 
Well, we are in that 30-day period now, and the forces are not being 
withdrawn from the Middle East.
  The second factor is my colleague cited article II of the 
Constitution. What did he mean by that? He referred to the ``Commander 
in Chief.'' Article II of the Constitution says this in section 2:

       The President shall be Commander in Chief of the Army and 
     Navy of the United States, and of the Militia of the several 
     States, when called into the actual Service.

  When called into service.
  And what does the Constitution say about when it is called into 
service? Well, that is in article I--article I, the powers of Congress, 
the enumerated powers of Congress, and those enumerated powers laid out 
in section 8 refer to many of the assignments given, including things 
like borrowing money on credit or regulating commerce or coining money 
or providing for the punishment of individuals, establishing a post 
office. But the key one--this very sizeable responsibility that Madison 
said ``with studied care'' the Founders vested this responsibility in 
the legislative branch, not the executive--that is the power to declare 
war. That is the responsibility.
  Yes, once we go to war, the Commander in Chief is the President of 
the United States, and much of the strategy of the war is conducted 
accordingly through the Department of Defense and the Secretary of 
Defense and the Joint Chiefs of the services. But do not confuse the 
ability to conduct a war with the ability to start a war.
  Third, nuclear weapons. My colleague mentioned the threat of nuclear 
weapons. Well, there is a threat of nuclear weapons maybe, but you have 
to really kind of understand the framework here, and that is that there 
was a diplomatic agreement in which Iran enriched to only very low 
levels, a couple percent, under international intensive supervision 
with all kinds of monitors in place--not just individuals watching but 
all kinds of sensors in place. Their enriched uranium that they had 
previous to that agreement called the JCPOA was stored in Russia. So 
they didn't have highly enriched uranium. They enriched to very low 
levels, and they did it under international supervision.
  It was only after President Trump in his first administration tore up 
this agreement and unleashed Iran from its responsibilities under that 
agreement. That is when Iran later said ``Well, we might enrich to 
higher levels'' and then proceeded to--up to 60 percent. But that 
condition only exists because of what President Trump did to tear up 
the diplomatic agreement.
  Then, in June of last year, the United States participated in a 
massive bombing campaign, employed our very largest bombs to destroy 
those places where centrifuges were making the more highly enriched 
uranium. The President proudly declared that the massive bombs--the 
largest ones we have, the earth-penetrating bombs, the biggest 
tonnage--had obliterated Iran's nuclear program.
  So Iran didn't have a nuclear program en route to a nuclear weapon 
until Trump tore up the agreement, and even then, the President claimed 
there was no nuclear program after June of 2025.
  So here we are. What had been achieved diplomatically was destroyed 
by President Trump. Now he proceeded to say that he had already taken 
care of this threat that is being cited by my colleague as a 
justification for this war.
  By the way, it was not the justification that President Trump cited 
at the beginning of this war. No. He said: Israel is going to bomb Iran 
again, and Iran is going to retaliate against regional sites, and that 
will involve our interests being hit, so we should join Israel.
  So Israel was the dog wagging the American tail. Does America not 
have the spine, the courage, the authority to simply have told Israel 
no? Well, apparently not--not under this President.
  I yield to my colleague from Virginia who has been so instrumental in 
bringing many, many insights to this debate and helping coordinate this 
series of War Powers Resolutions as we strive--strive--to honor the 
oaths we took to our Constitution.
  The PRESIDING OFFICER. The Senator from Virginia.
  Mr. KAINE. Mr. President, I appreciate my colleague and strongly 
support his resolution that will be voted on tomorrow, and I have taken 
the floor often on this topic and don't need to repeat things I have 
said before. But today, I guess what I want to say is basically this: 
The American public does not like being lied to by its government. Of 
course we don't but particularly on matters of war.
  I am old enough to remember two tragic circumstances where the 
American public was lied to by their civilian leadership about war--
many lies were told by successive administrations, beginning with the 
Eisenhower administration and through Kennedy and Johnson in 
particular, about the Vietnam war--and how tragic it was when Americans 
realized that much of what they had been told that led, first, the 
United States to take over the French colonial project in Southeast 
Asia and then to engage in war--much of what they had been told was 
false.
  When you are losing your sons and daughters--56,000 U.S. deaths in 
the Vietnam war--and then you find that the civilian leadership has 
been lying to you while troops have been serving honorably, it is 
incredibly embittering in a State like Virginia where there are so many 
military equities but to every State.
  We were lied to about the war in Iraq. We were told that Iraq had 
something to do with 9/11. That was not

[[Page S2219]]

true. We were told that Iraq was pursuing nuclear weapons and had 
weapons of mass destruction they would use against the United States. 
That was not true. But those were put on the table before a vote in 
Congress to engage in a war that most now agree 25 years later was a 
massive, massive mistake.
  So I come from a State that lost a lot of people in Iraq and 
Afghanistan and Vietnam, and I join my colleague today to support his 
resolution because I believe the United States is not being told the 
truth about the situation in Iran.
  First, the administration worked very, very hard up until essentially 
a week or so ago to avoid any public hearings about the war in either 
the House or the Senate, in the committees that have jurisdiction over 
important matters. I mean, not to have a public hearing about a war?
  Right now--and I am going to go into this in an Armed Services 
Committee hearing later in the week--the administration is not even 
willing to share the legal rationale, the opinion developed by the 
Office of Legal Counsel at the State Department. They are not even 
willing to share that rationale with Members of the U.S. Senate. They 
won't share it with members of the Intel Committee. They won't share it 
with members of the Armed Services Committee. They won't share it with 
members of the Foreign Relations Committee. They won't even share the 
legal rationale. What are they afraid of? That raises some natural 
suspicion.
  In at least two instances, I believe the administration is not being 
truthful with the American public about this war. One was the assertion 
of a whole different series of rationales, but one of the rationales 
that seems to now be the one that they rely on is, well, of course the 
war is needed to stop Iran from getting a nuclear weapon. No, it isn't. 
We had stopped Iran from getting a nuclear weapon by a diplomatic deal 
that Donald Trump chose to tear up, as my colleague just mentioned. 
That had stopped Iran's nuclear program.

  That deal was a comprehensive deal that took months, even years, to 
negotiate. It contained some provisions that were time-limited--5 
years, 10 years, 15 years, 20 years--but it contained two provisions 
that were permanent. The first was on page 1 of the deal: that Iran 
will not seek to purchase or acquire or develop nuclear weapons. That 
was a permanent pledge by Iran. The second part of the deal that was 
permanent was Iran agreed to permanent inspections by the IAEA, 
including inspections according to an additional protocol that had been 
developed by the nations of the world after North Korea had cheated on 
a nuclear program earlier.
  Those were permanent pledges by Iran to not pursue nuclear weapons 
and to allow intrusive inspections, and President Trump decided, over 
the objection of his Secretaries of State and Defense, to tear up the 
deal. So when President Trump says now: Well, we have to wage war; we 
have to subject our troops to being killed and being injured and 
billions of dollars of costs and Americans and people all over the 
world paying more for gas to stop Iran from getting a nuclear weapon--
that is a lie. Diplomacy had stopped them until President Trump tore it 
up.
  To make matters worse, President Trump, with the United States, 
following a 12-day war of Israel against Iran to destroy their nuclear 
capacity, took additional action that the White House said had 
destroyed Iran's nuclear program.
  So if we had controlled it first by diplomacy and then a year ago 
added on a war waged by Israel against Iran to obliterate the nuclear 
program, there was not a nuclear program that justified this war. There 
was no threat of any action anytime soon by Iran to develop nuclear 
weapons that justified this war.
  I don't like to use this phrase. I don't use this phrase a lot: The 
White House has lied to the American public, and every time they say 
this war is justified to stop Iran's nuclear program, they are telling 
the American public a lie.
  The second lie they are telling--and I will just say this and then 
hand it back to my colleague--is a different kind of a lie. If you 
state a set of facts that are true but you don't state the full set of 
facts, you are telling a lie. And I have heard President Trump and I 
have heard Secretary Hegseth say many times: We need to stop Iran 
because they have been a thorn in our side since 1979. They have been a 
thorn in our side for the last 47 years.
  Our decision makers are acting as if the U.S.-Iran history started in 
1979 when the Iranian people toppled their government and then, yes, in 
the aftermath of that toppling, started to say ``Death to America,'' 
``Death to Israel.'' They act like that is the only history. My 
colleagues will recount Iranian misbehavior--taking over our Embassy, 
in violation of international law; funding proxies to attack the U.S. 
Embassy and Marine barracks in Beirut and other locations; funding 
proxies that attack U.S. troops who are in the region in or near Iran--
my colleagues will cite that information, and they will cite it 
accurately. And Iran has done a series of horrible things to their own 
people, to American positions, to other nations in the region. But my 
colleagues always ignore, the President always ignores, and Secretary 
Hegseth always ignores that history didn't start in 1979.
  If you want to understand the history of this relationship between 
the United States and Iran, you have to go back to World War II when we 
were allies. There was a pivotal conference in the middle of World War 
II in Tehran in 1943 where the allies--the United States, the Soviet 
Union at the time, and Britain--guaranteed to Iran its sovereignty and 
its independence and its borders, and the Iranian people loved the 
United States, and we were allies.
  Then in 1953, during the Eisenhower administration, the United States 
made a catastrophic mistake. There is a recent book by Scott Anderson 
called ``King of Kings'' that lays this out in clear and unmistakable 
detail. The United States decided we would topple the democratic 
Government of Iran. In 1953, the United States, through the CIA, 
engineered a coup. We toppled the democratic government. We installed 
the Shah, a dictator. We funded the secret police of the Shah, who 
tortured, exiled, imprisoned, and killed thousands of Iranians. And the 
United States basically put this puppet government--a dictator--over 
the Iranian people from 1953 until they finally tired of it, and they 
cast that government off in 1979.
  Guess what. Twenty-six years of the United States funding a 
dictatorship killing and torturing Iranians led the new Government of 
Iran to be--drumroll--anti-United States. We turned Iranians from 
friends into enemies. We didn't have to do that, but we did it.
  Secretary Hegseth and the President never mention that. They don't 
mention that after Iran overtook our Embassy, we funded Iraq to wage 
war on Iran. We gave Iraq funds. We gave Iraq intel. And in a 7- or 8-
year war, Iraq--we funded Saddam Hussein to wage war against Iran. 
Hundreds of thousands of Iranians were killed, and they knew the United 
States was partially responsible for it.
  In the late 1980s, a U.S. Navy vessel, the Vincennes, shot down an 
Iranian commercial aircraft, killing 290 civilians. It took us years to 
admit that we did it, but we eventually admitted that.
  The United States invaded Iran's next-door neighbors to the east and 
west to topple their governments--Afghanistan and Iraq--and Iran 
believed: Well, you toppled our government in 1953. You are probably 
preparing to do it again.
  In this recent war on Iran, we have wiped out their leadership, we 
have killed civilians, and we bombed a school, killing schoolgirls. 
Now, we all know that the United States does not intentionally decide 
to target schools. That is not what we do intentionally. But to an 
Iranian who watched the United States intentionally topple their 
government in 1953, intentionally participate in an assassination 
campaign against their leaders, shoot down a civilian aircraft in the 
late 1980s, intentionally fund Iraq to wage war against Iran--an 
Iranian will look at U.S. actions and say: Wait a minute. This is part 
of a pattern. We were friends until you decided to topple our 
government in 1953.
  The point I am making about this is that if you are not willing to be 
honest about the history and acknowledge not

[[Page S2220]]

only Iranian misbehavior--which continues to this day. They just 
executed somebody in Iran--a student--in a gross violation of human 
rights. So you have to acknowledge that the Iranian regime has 
conducted all kinds of bad activities. But if you are not willing to 
acknowledge the role the United States has played in turning this 
nation that was a nation of allies into enemies, then you are going to 
get the policy wrong. You will get the policy wrong if you don't 
acknowledge the truth.
  What is that truth? as I finish. The truth is, if more war between 
the United States and Iran would bring a solution to any of these 
problems, then we would have found the answer at some point between 
1953 and now. We have had a back-and-forth going between the United 
States and Iran since 1953, and it has not produced peace, it has not 
produced stability, and it has not produced anything for the good of 
the Iranian people or the American people, frankly. For us to think now 
that, you know what, more war, just a little more war would be the 
right thing to do to bring a better resolution to this painful 75-year 
chapter--it shows a profound ignorance of our history and a just 
shocking level of naivety.
  So that is why I have joined with my colleagues every week to look 
this Senate in the eye and say: As a deliberative body with 
constitutional powers and an oath that we have taken to provide a check 
against an Executive--particularly on matters of war--we can't let this 
go under the radar screen, classified hearings only. We have to be as 
loud and consistent as can be to say that more war between the United 
States and Iran is not an answer to anything. It hasn't been an answer 
to anything since 1953, and it is not an answer to anything now. That 
is why I support this resolution.
  We should not be at war without a vote of Congress. Even if there 
were such a vote--I would vote against it, but if it were to pass this 
body and be signed by the President, I would then drop my complaint 
that the war is illegal. I would say it is unwise, but I would be 
outvoted, as I am often on events, and thus it wouldn't be illegal.
  It is an illegal war. It is an unwise war that demonstrates a 
profound lack of understanding of the deep, tragic history between the 
United States and Iran. And for that, to my colleague from Oregon, I 
strongly support your resolution.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Rhode Island.