Washington, DC – President Trump’s illegal Iran war produced yet another tragedy last night as the U.S. bombed a wedding party in Kuhestak, Hormozgan province, killing four including two children and wounding dozens more. As the consequences of this war mount and legislation from Congress requiring the President to end the war continues to be ignored, National Iranian American Council Action calls on lawmakers in Congress to escalate efforts to enforce the law and end this disaster.
“We are in a Constitutional crisis and our lawmakers cannot simply roll over or bide their time as Trump traps the country in an illegal forever war,” said NIAC Action Executive Director Jamal Abdi. “For the first time in U.S. history, Congress has passed legislation mandating the President withdraw from the war, and now they must take him to court to enforce it.”
On June 3, the House of Representatives passed a resolution directing the President to terminate unauthorized hostilities against Iran (H.Con.Res.86) by a vote of 215 -208, and the Senate followed suit on June 23 by passing the same resolution 50-48. Even without this unprecedented action, under U.S. law the President can only enter the military into hostilities without a declaration of war or authorization from Congress in cases of imminent threat and must either terminate those operations or gain Congressional authorization within 90 days. There was never an imminent threat from Iran against the United States, and the deadline to withdraw from unauthorized hostilities passed three months ago.
When the President is committing unlawful actions and defying the will of Congress, justice must be pursued. Legislation has been filed by House Foreign Affairs Committee Ranking Member Meeks that would force Speaker Johnson to sue the Trump administration for unlawfully continuing unauthorized hostilities against Iran per H.Res.1456. Separately, individual lawmakers may have sufficient standing to bring a suit to uphold the law and block this disastrous war from continuing. We urge lawmakers to move quickly and decisively with such litigation before more harm is done, both to U.S. interests and our democracy.
“Congress must assert its authority as a co-equal branch of government and sue to end the Administration’s illegal war,” said Abdi. “We need urgent action, not more deliberation. Sitting and doing nothing is not an option and is eroding our democracy and system of checks and balances.”
The President has significant leeway to take actions that have already been authorized by Congress or fall within his legal Constitutional authority, however misguided those actions may be. For example, the President last week briefly pivoted to an “economic war” of imposing sanctions on Iran and this is within his legal authority even if we believe it is a strategic mistake. But continuing the kinetic war – both attacks on Iran as well as a military blockade – is illegal and Congress must act.
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