President Joe Biden’s legal authorities for conducting strikes on Yemen’s Houthis are being questioned by a growing number of bipartisan lawmakers in the United States. Led by Senator Tim Kaine, four senators wrote a letter to Biden expressing concerns about the strategic and legal rationale behind the recent strikes against Houthi assets in Yemen. The lawmakers argue that these strikes were carried out without military authorization from Congress. The objections come as reports suggest that the White House is preparing for a sustained campaign against the Iran-backed group, which has been attacking commercial ships in the Red Sea.
According to Senator Kaine, there is currently no congressional authorization for U.S. military action against the Houthis in Yemen. He believes that the situation has escalated beyond self-defense and that Congress needs to be involved. Senators Chris Murphy, Mike Lee, and Todd Young also signed the letter, questioning Biden’s legal authorities under the 1973 War Powers Act.
In his notification to Congress about the initial strikes in Yemen on January 11, President Biden invoked his authorities as commander-in-chief under Article II of the Constitution to defend U.S. citizens, personnel, and assets. The senators acknowledge that it could be argued that directing military action to defend U.S. commercial shipping is within this power. However, they raise concerns about the extent to which these authorities can be exercised since most vessels transiting through the Red Sea are not U.S. ships.
The senators express their support for measures to defend U.S. personnel and assets, hold the Houthis accountable, and deter further attacks. However, they believe that Congress must carefully deliberate before authorizing offensive military action.
Despite the strikes, the Houthis have continued their attacks on Red Sea ships. The Biden administration has responded with seven additional strikes since then. President Biden acknowledged that the strikes had not deterred the Houthis but vowed to continue them.
When asked about the White House’s legal authorities, a National Security Council spokesperson stated that they would not speculate about future strikes or actions. They emphasized that the Houthis could choose to stop their attacks on U.S. and commercial ships at any time.
Senator Ben Cardin, Chairman of the Senate Foreign Relations Committee, believes that if the Yemen strikes trigger the War Powers Act, the administration will have to come to Congress. On the other hand, Senator James Risch, the top Republican on the committee, argues that Biden’s Yemen strikes are already covered by his constitutional authorities to protect American citizens and property.
The conflict between the Houthis and commercial ships began in October when the Houthis started firing at these ships. They demanded an end to Israel’s bombardment of Palestinians in the Gaza Strip, which was in response to an attack by Hamas. In December, the Defense Department launched Operation Prosperity Guardian with Britain and other allies to defend commercial shipping lanes against Houthi attacks.
Brian Finucane, a former State Department legal adviser who is now a senior adviser at the International Crisis Group think tank, questions the legality of Biden’s Yemen strikes without congressional authorization. He argues that while it is generally accepted that the president has the authority to defend U.S. forces from attacks, in this case, U.S. troops were potentially put in harm’s way.
In 2019, Congress passed a resolution urging former President Donald Trump to end U.S. support for the Saudi-led coalition’s Yemen campaign against the Houthis. However, Trump vetoed it. The Saudi bombing campaign from 2015 to 2022 resulted in the deaths of nearly 15,000 civilians. There have been no reports of civilian casualties resulting from the U.S. strikes this month.
Several lawmakers who sponsored the 2019 Yemen resolution have criticized Biden for not seeking congressional authorization for his recent strikes. They include Representatives Ro Khanna and Thomas Massie. Senator Rand Paul, a critic of foreign military intervention, believes that sustained military action against the Houthis would require congressional authorization. He expressed openness to supporting such authorization in this instance.
In October, Representative Mike McCaul, Chairman of the House Foreign Affairs Committee, mentioned that he was drafting an authorization for the Biden administration to strike Iran-backed proxies in the Middle East. This was during the fighting between Israel and Hamas, although he has not introduced it yet.
The Biden administration has been responding to attacks by Iran-backed militias in Iraq and Syria. These militias have targeted U.S. troops at least 151 times since October 7. The Senate voted in December to keep U.S. troops in Syria, rejecting a resolution by Senator Rand Paul that would have forced Biden to withdraw them.
In conclusion, bipartisan lawmakers are raising concerns about President Biden’s legal authorities for conducting strikes on Yemen’s Houthis. They argue that these strikes were carried out without congressional authorization and call for careful deliberation before authorizing offensive military action. The ongoing conflict between the Houthis and commercial ships in the Red Sea has prompted the Biden administration to respond with additional strikes. However, questions remain about the extent of the president’s authority and
