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House votes to rein in Trump's military authority | TheHill - The Hill

The House on Thursday voted to repeal the 2002 authorization for the use of military force (AUMF), which the Trump administration has used to justify its controversial drone strike that killed Iranian Gen. Qassem Soleimani.

The House approved the bill to repeal the Iraq War authorization in a largely party-line vote of 236 to 166.

“Members of Congress continue to have serious, urgent concerns about the president’s decision to engage in hostilities against Iran and about its lack of strategy moving forward,” Speaker Nancy PelosiNancy PelosiTrump criticizes House Democrats over war powers bill after telling lawmakers to vote their heart Overnight Defense: Bolton, GOP senators see close ties challenged | Republicans fume over Dem maneuver on Iran bills |Trump criticizes Democrats over war powers vote Lawmakers wager chocolate, barbecue on Super Bowl outcome MORE (D-Calif.) said ahead of Thursday’s vote.

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Congress’s power to declare war, she added, “has been, shall we say, usurped by administrations both Democratic and Republican, and now to an extent that practically abrogates whatever is in the Constitution.”

The vote on the measure sponsored by Rep. Barbara LeeBarbara Jean LeeOvernight Defense: White House threatens to veto House Iran bills | Dems 'frustrated' after Iran briefing | Lawmakers warn US, UK intel sharing at risk after Huawei decision White House threatens veto of House Iran bills This week: Senate barrels toward showdown on impeachment witnesses MORE (D-Calif.) came shortly after the House approved a bill from Rep. Ro KhannaRohit (Ro) KhannaLawmakers wager chocolate, barbecue on Super Bowl outcome Sanders endorses 9 progressive House candidates Overnight Defense: White House threatens to veto House Iran bills | Dems 'frustrated' after Iran briefing | Lawmakers warn US, UK intel sharing at risk after Huawei decision MORE (D-Calif.) that would block funding for military action against Iran.

Khanna's bill was approved in a 228-175 vote.

House Democrats scheduled votes on Khanna's and Lee’s bills as fears of war between the United States and Iran spiked earlier this month after President TrumpDonald John TrumpDemocrats outraged over White House lawyer's claim that some foreign involvement in elections is acceptable Senators take reins of impeachment trial in marathon question session White House announces task force to monitor coronavirus MORE ordered the drone strike in Iraq that killed Soleimani.

Iran retaliated with a missile strike on an Iraqi military base housing U.S. troops, an attack that led to traumatic brain injuries for dozens of U.S. troops. 

The Trump administration has cited the 2002 AUMF in its legal justification for the Soleimani strike, which took place on Iraqi soil and came after the administration blamed an Iranian-backed militia for a rocket attack in Iraq that killed a U.S. contractor and an attempt to storm the U.S. Embassy in Baghdad.

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The 2002 AUMF, which was passed to authorize the Iraq War, allows military action to “defend the national security of the United States against the continuing threat posed by Iraq.” The authorization has been used to some extent by successive presidents to justify military action against terrorist threats, though administrations more prominently use the post-9/11 AUMF for operations against terrorists. 

"I stand here once again urging Congress to do its job, this time by repealing the long outdated and unnecessary 2002 AUMF," Lee, who voted against both the 2001 and 2002 AUMFs, said Thursday ahead of the vote. "Not only is it not needed for any current counterterrorism operations, but repealing it would have absolutely no impact on the administration’s ongoing military operations.”

By contrast, Lee continued, leaving the AUMF on the books would “allow any administration to use it for military action that Congress never intended to authorize.”

Before the vote, the Trump administration sent mixed messages on its position regarding Khanna's and Lee’s bills.

The White House issued veto threats that called the measures “misguided.” The administration argued that repealing the 2002 AUMF “would embolden our enemies” and that blocking funding for military action would “hinder the president’s ability to protect United States diplomats, forces and interests in the region from the continued threat posed by Iran and its proxies.”

On Wednesday morning, though, Trump appeared to release Republicans to vote for the 2002 AUMF repeal, tweeting that both Republicans and Democrats should “vote their HEART!

But later that day, Trump slammed Democrats for pushing bills he said would “make it harder” to defend against Iran.

“With Votes in the House tomorrow, Democrats want to make it harder for Presidents to defend America, and stand up to, as an example, Iran. Protect our GREAT COUNTRY!” Trump tweeted Wednesday evening.

“Nancy Pelosi wants Congress to take away authority Presidents use to stand up to other countries and defend AMERICANS. Stand with your Commander in Chiefs!” he added in a second tweet.

Most Republicans stuck with Trump, calling Khanna's and Lee’s bills “dangerous” and intended to “weaken” Trump.

Republicans also fumed about the procedure Democrats used to bring the bills to the floor.

The House voted on Khanna's and Lee’s measures as amendments to an unrelated commemorative coin bill. That prevented Republicans from offering what’s known as a motion to recommit, which is the last opportunity to amend a bill in the House.

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Motions to recommit are used often by the minority and usually fail. But Republicans successfully used them several times last year to force centrist Democrats into tough votes and split with the party.

“Speaker Pelosi and the House Democrats are so unsure of their own substantive case that they are hiding behind House rules to make sure that Republicans can’t even bring any amendment to this legislation,” said Rep. Liz CheneyElizabeth (Liz) Lynn CheneyHillicon Valley: UK allows Huawei to build 5G in blow to Trump | Lawmakers warn decision threatens intel sharing | Work on privacy bill inches forward | Facebook restricts travel to China amid virus Lawmakers warn US, UK intel sharing at risk after Huawei decision Mother of child in viral meme sends Steve King cease-and-desist for using image in fundraising MORE (Wyo.), the No. 3 House Republican.

The procedural move prompted some Republicans who previously voted for both bills in July to vote against them on Thursday, with Rep. Tom ReedThomas (Tom) W. ReedTrump's Dingell insults disrupt GOP unity amid impeachment House votes to temporarily repeal Trump SALT deduction cap Trump shocks, earns GOP rebukes with Dingell remarks MORE (R-N.Y.) saying he switched his vote because the debate was now a "sham."

Still, a few Republicans broke with Trump and voted to repeal the 2002 AUMF, as well as to block funding for military action on Iran. Republican Reps. Matt GaetzMatthew (Matt) GaetzTrump urges lawmakers to vote their heart on war authority repeal after White House threatens veto Gaetz in Twitter battle with Florida House Republican Apple under pressure to unlock Pensacola shooter's phones MORE (Fla.), Warren DavidsonWarren Earl DavidsonA time for war, a time for peace — and always a time to defend America 2019 was a historic year for marijuana law reform — here's why Financial sector's work on SAFE Banking Act shows together, everyone achieves more MORE (Ohio), Thomas MassieThomas Harold Massie2 Democrats say they voted against war powers resolution 'because it merely restated existing law' The Hill's 12:30 Report: Pelosi plans to send impeachment articles next week NY Times's Haberman: Trump 'surprised' Iranian strike wasn't 'more of a unifying event' MORE (Ky.) and Trey HollingsworthJoseph (Trey) Albert HollingsworthOvernight Defense: House votes to block Trump arms sales to Saudis, setting up likely veto | US officially kicks Turkey out of F-35 program | Pentagon sending 2,100 more troops to border House votes to block Trump's Saudi arms sale The 27 Republicans who voted with Democrats to block Trump from taking military action against Iran MORE (Ind.) voted for Khanna's bill.

Lee's measure garnered GOP support from Gaetz, Davidson and Massie, as well as Reps. Andy Biggs (Ariz.), Michael Cloud (Texas), Mike GallagherMichael (Mike) John GallagherLawmakers warn US, UK intel sharing at risk after Huawei decision GOP lawmaker: UK-Huawei deal could force US to 'reexamine' intelligence-sharing partnership Congressman warns, UK special relationship in jeopardy over Huawei deal MORE (Wis.), Alex MooneyAlexander (Alex) Xavier Mooney2019 in Photos: 35 pictures in politics Ocasio-Cortez calls out GOP lawmakers asking to be arrested, citing privilege Ocasio-Cortez, Mooney spar on Twitter over closed-door impeachment hearings MORE (W.Va.), Jamie Herrera Beutler (Wash.), Chip RoyCharles (Chip) Eugene RoyThey chose life: Why a story of hope and possibility should be one remembered this month Budget watchdogs howl over deficit-ballooning deals Democrats launch bilingual ad campaign off drug pricing bill MORE (Texas), David SchweikertDavid SchweikertOvernight Health Care: New drug price hikes set stage for 2020 fight | Conservative group to spend M attacking Pelosi drug plan | Study finds Medicaid expansion improved health in Southern states Conservative group to spend M attacking Pelosi's drug pricing plan Group of veterans call on lawmakers to support impeachment, 'put country over politics' MORE (Ariz.) and Fred UptonFrederick (Fred) Stephen UptonDCCC to run ads tying 11 House Republicans to Trump remarks on entitlements The rise of Alexandria Ocasio-Cortez in 2019 The Memo: Impeachment's scars cut deep with Trump, say those who know him MORE (Mich.).

Gaetz, a staunch Trump supporter, said on the House floor that he had "come to vote my heart," an apparent reference to Trump's Wednesday morning tweet.

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The Florida Republican was a co-sponsor of Khanna's bill when it received a vote in July. He was also one of three GOP lawmakers to support a war powers resolution the House approved earlier this month that sought to constrain Trump's ability to take military action against Iran.

Neither Khanna's nor Lee’s bill is expected to get a vote in the GOP-controlled Senate. Both were previously approved by the House as amendments to the annual defense policy bill, but they were stripped from the final version of the legislation during negotiations with the Senate.

Unlike a separate war powers resolution expected to be voted on in the Senate, Khanna's and Lee’s measures do not have built-in mechanisms for Democrats to force a vote in the Senate.

Updated at 1:31 p.m.

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