As you know, Lee’s comments went viral Wednesday after he ripped into the briefing given to lawmakers about Trump’s decision to assassinate Maj. Gen. Qasem Soleimani.
Lee, echoing the complaints of many Democrats, blasted the briefing on the intelligence behind the assassination as the “worst” he’d ever seen. He also fumed that officials refused to acknowledge any “hypothetical” situations in which they would come to Congress for authorization for future military hostilities against Iran.
Now, in the interview with NPR’s Rachel Martin, Lee has gone into more alarming detail. Lee reiterated that officials “were unable or unwilling to identify any point” at which they’d come to Congress for authorization for the use of military force. Then this exchange happened:
MARTIN: What kind of hypotheticals were you putting to them in hopes of understanding when the administration sees a need for Congressional authority?LEE: As I recall, one of my colleagues asked a hypothetical involving the Supreme Leader of Iran: If at that point, the United States government decided that it wanted to undertake a strike against him personally, recognizing that he would be a threat to the United States, would that require authorization for the use of military force?The fact that there was nothing but a refusal to answer that question was perhaps the most deeply upsetting thing to me in that meeting.Obviously, this was an extreme hypothetical. But the point of it was to discern the contours of the administration’s sense of its own obligation to come to Congress for approval of future hostilities. And it succeeded in doing just that, demonstrating that they recognize no such obligation.
“It would be hard to understand assassinating a foreign head of state as anything other than an act of war,” Josh Chafetz, a Cornell law professor and the author of a book on Congress’ hidden powers, told me. “It’s appalling that executive-branch officials would imply, even in responding to a hypothetical question, that they do not need congressional authorization to do it.”
“If the administration won’t concede that this is a clear example of when they would have to go to Congress, it’s hard to imagine what would be,” Stephen Vladeck, a law professor at the University of Texas at Austin, added. “This underscores just how completely irrelevant they view Congress to be in the war powers conversation.”
In the NPR interview, Lee also disclosed that at one point in the briefing, an official “discouraged us from even having a debate on the Senate floor” about whether Congress should pass new measures constraining Trump’s authority to launch future military actions without authorization.
“That might somehow embolden the Iranian regime in future attacks against the United States,” Lee said, characterizing the argument the official made.
It’s worth stressing that this is emerging as the explicit position among Trump’s loyalists and propagandists. Sen. Lindsey O. Graham (R-S.C.) is now dismissing concerns about the need for Congress to reassert its warmaking authority as “emboldening the enemy.”
Meanwhile, Trump just rage-tweeted that he wants “all House Republicans” to “vote against Crazy Nancy Pelosi’s War Powers Resolution.”
That’s a reference to a measure that the House speaker is putting to a House vote Thursday that would require Trump to cease any military hostilities against Iran 30 days after enactment, if he hasn’t received congressional authorization for it. The House will all but certainly pass this, and there are other tougher measures on tap.
But we should be under no illusions about what’s happening here.
It’s great that Lee is aggressively calling out the administration’s willingness to abuse its war power. Lee is apparently going to vote for a measure in the Senate that is a companion to the House bill.
But despite this, the GOP-controlled Senate is still likely to block such efforts. Last spring, a similar measure failed to get the 60 votes needed for passage, with all but four GOP senators voting against it. Virtually all GOP senators will likely vote against the new one, too.
By the way, it requires restating: Former president Barack Obama abused the war power as well, and far too many congressional Democrats went along with it. Congress has been abdicating its war-declaring authority for decades.
Our system is now functionally that one person makes these extraordinarily consequential decisions. Plainly, the person in question is not fit to do so.
Indeed, in this case, you’d think the starkness of the situation would get Congress — or, more precisely, congressional Republicans, since virtually all Democrats will do the right thing this time — to reassert its authority.
- Trump has threatened war crimes,
- has boasted about the size of his missiles and
- just ordered an assassination of a senior military leader in a sovereign country
- without alerting Congress or seeking its approval,
- based on intelligence that is dubious at best and on rationales that have fallen apart.
But Trump’s tweet calling on “all House Republicans” to vote against the new war powers measure now means that being loyal to Trump is synonymous with giving him unconstrained warmaking authority, despite all the madness we’ve seen. And so it shall be.
Read more:
U.S. conflict with Iran: What you need to read
Here’s what you need to know to understand what this moment means in U.S.-Iran relations.
What happened: President Trump ordered a drone strike near the Baghdad airport, killing Maj. Gen. Qasem Soleimani, Iran’s most powerful military commander and leader of its special-operations forces abroad.
Who was Soleimani: As the leader of the Revolutionary Guard Corps’ elite Quds Force, Soleimani was key in supporting and coordinating with Iran’s allies across the region, especially in Iraq. Soleimani’s influence was imprinted on various Shiite militias that fought U.S. troops.
How we got here: Tensions had been escalating between Iran and the United States since Trump pulled out of an Obama-era nuclear deal, and they spiked shortly before the airstrike. The strikes that killed Soleimani were carried out after the death of a U.S. contractor in a rocket attack against a military base in Kirkuk, Iraq, that the United States blamed on Kataib Hezbollah, an Iran-backed militia.
What happens next: Iran responded to Soleimani’s death by launching missile strikes at two bases hosting U.S. forces in Iraq. No casualties were reported. In an address to the nation, Trump announced that new sanctions will be imposed on Tehran.
Democrats Press for Details on Suleimani Strike, but Trump Administration Gives Few
Administration officials argue that the general was plotting imminent attacks, but Democrats said that the intelligence they have seen was too vague.
WASHINGTON — Under increasing pressure to defend the killing of a top Iranian general in Iraq, senior Trump administration officials offered new justifications but little detail on Tuesday, citing threats to the American Embassy in Baghdad and intelligence suggesting other imminent attacks that helped prompt the strike.
Democrats stepped up their criticism of intelligence that the administration provided immediately after the drone strike last week that killed Maj. Gen. Qassim Suleimani, the leader of Iran’s Islamic Revolutionary Guards Corps. The administration’s formal notification to Congress, which remains classified, provided no information on future threats or the imminent attack, officials who have read it said.
Several said it was improperly classified, and Senator Richard Blumenthal, Democrat of Connecticut, called it “vague and unacceptably unspecific.” Lawmakers pressed for more answers on Tuesday at a briefing by the C.I.A. director, Gina Haspel, and other intelligence officials.
Iranian forces or their proxies were days from attacking American personnel when President Trump decided to strike General Suleimani, Defense Secretary Mark T. Esper told reporters at the Pentagon. Mr. Esper added that General Suleimani had traveled to Baghdad to coordinate attacks following up on a two-day siege of the United States Embassy there last week by pro-Iranian demonstrators. He declined to elaborate but called the intelligence “exquisite.”
Mr. Trump was more forceful but no more specific. General Suleimani “was planning a very big attack and a very bad attack for us and other people,” Mr. Trump told reporters in the Oval Office. “And we stopped him.”
Their defense of the killing came as Tehran launched its initial response, firing a dozen ballistic missiles early Wednesday from Iranian territory targeting American forces in Iraq’s Anbar Province and Kurdish region. A Pentagon official confirmed that the missiles were launched at bases hosting American forces, but provided no initial damage assessment.
Iran’s supreme leader, Ayatollah Ali Khamenei, ordered a direct and proportional response to the Suleimani killing, not the kind of covert action through proxy forces that Tehran has traditionally employed. American officials in recent weeks warned about the threat from short-range ballistic missiles that Iran had smuggled into Iraq.
As the threats from Tehran increased, several NATO allies conducting training for Iraqi troops — including Canada, Germany and Croatia — decided at least temporarily to remove some troops from Iraq. Canada, which leads the NATO training mission, announced it was withdrawing its 500 troops and sending them to Kuwait.
Fueled by what they have called weak and inadequate briefings from the administration, Democrats grew increasingly vocal in their skepticism, arguing the administration has a high burden to meet to show that the strike was justified.
Some drew comparisons to the flawed intelligence on weapons of mass destruction used to justify the 2003 invasion of Iraq and the recent revelations about the failures of the war in Afghanistan.
“Between no weapons of mass destruction, no clear and present danger, the Afghanistan papers — there’s plenty to be skeptical about,” Senator Robert Menendez of New Jersey, the top Democrat on the Foreign Relations Committee, said in a brief interview. “The burden is on the administration to prove the truthfulness and veracity of how they made their decision.”
Ms. Haspel has spoken with multiple lawmakers in recent days, some of whom have urged her to be more forthcoming about the intelligence behind the killing. Ms. Haspel, in turn, has emphasized that she had serious concerns about the threat posed by General Suleimani if the administration held off on targeting him.
Before the drone strike that killed the general, the pro-Iranian protesters had attacked barricades outside the American Embassy in Baghdad, and American officials feared the attacks could resume and the situation could easily grow more dangerous, threatening the diplomats and military personnel who work at the compound.
General Suleimani had arrived in Baghdad to pressure the Iraqi government to kick out American forces after attacks by the United States on Kataib Hezbollah, an Iraqi militia group with ties to Iran, according to American officials.
One official noted that General Suleimani was traveling with Abu Mahdi al-Muhandis, the Iraqi who helps lead the Iranian-backed militias and who was coordinating the attacks on the American Embassy. Mr. al-Muhandis was also killed in the strike.
Additionally, the classified document sent to Capitol Hill only recounts the attacks that Iran and its proxies have carried out in recent months and weeks rather than outlining new threats, according to three American officials.
Former Vice President Joseph R. Biden Jr. demanded that Mr. Trump give a “sober-minded explanation” of the strike, its consequences and the intelligence that prompted it.
“All we’ve heard from this administration are shifting explanations, evasive answers, repeated assertions of an imminent threat without the necessary evidence to support that conclusion,” Mr. Biden, a front-runner for the 2020 Democratic presidential nomination, said in remarks from Pier 59 in New York. If there was a threat, he added, “we’re owed an explanation and the facts to back it up.”
Iranian-supported militias have increasingly directed attacks at Iraqi bases with American forces over the past two months, officials have said. Since May, intelligence and military officials have warned that Iran has been preparing for attacks against Americans in the Middle East.
The reports have prompted the C.I.A. and the F.B.I. to relocate officers out of the American Embassy in Baghdad in recent days and weeks, though some C.I.A. officers were relocated earlier, according to officials briefed on the matter. Some went to other parts of Iraq, and officials emphasized that the moves had not diminished intelligence collection on Iranian activity in the country.
“We’re all going to want to hear why they thought targeting Suleimani was the best option, what were the other targets on the table, did they know about the collateral damage?” he said.
Senator Rand Paul, a Kentucky Republican who has long vocally opposed the lengthy deployments of American forces overseas, has emerged as one of the few Republicans willing to criticize the decision. He questioned the administration’s claim of an imminent attack, citing Secretary of State Mike Pompeo’s repeated criticism of General Suleimani.
“I’ve always been surprised at how presidents in general, including President Obama, stretch the idea of what imminence is,” Mr. Paul said. “I can tell you the secretary of state’s been talking about for over a year all the things Suleimani has done. I think they found this as an opportune time to take him out.”
Mr. Pompeo has led the administration’s defense of the strike and said on Tuesday that the intelligence was presented to Mr. Trump in broad detail before he ordered the strike.“It was the right decision,” Mr. Pompeo said.
And Robert C. O’Brien, the national security adviser, said that General Suleimani was plotting attacks on “diplomats, soldiers, sailors, airmen and Marines” at multiple facilities.
Mr. O’Brien said the intelligence would most likely remain classified to avoid putting sources of intelligence and collection methods at risk. But, he added, “I can tell you that the evidence was strong.”
With the exception of Mr. Paul, most Republicans on Capitol Hill have coalesced around the administration.
“We had very clear, very solid information from the intelligence community that indeed there were going to be imminent attacks that could involve hundreds of people, could involve even thousands of people,” Senator Jim Risch of Idaho, the chairman of the Foreign Relations Committee, told reporters late last week, calling the intelligence “rock solid.”
The House was set this week to consider measures to curtail the president’s war-making powers on Iran by invoking the War Powers Resolution. A similar measure could come to a vote on the Senate floor as early as next week. And the Democratic-led House Foreign Affairs Committee announced a hearing set for next Tuesday on the Trump administration’s Iran policy.