DAVID SWANSON, [email protected], @davidcnswanson
Swanson is executive director of World BEYOND War and campaign coordinator for Roots Action. He just wrote the piece “The War Powers Resolution Is Not What You’ve Been Told,” which states: “According to The Hill, in an article typical of U.S. media, Trump’s war on Iran is totally legal for 60 days if Congress does nothing, after which it becomes illegal, unless Congress has explicitly OK’d it. This is supposedly because of the War Powers Resolution of 1973. And The Hill is not alone in pushing this idea. …
“However, the War Powers Resolution consists of words that you can read for yourself, and here are some of them:
“’The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.’
- There has been no declaration of war by the U.S. Congress since 1941.
- There has been no authorization to attack Iran, nor to continue attacking Iran.
- There has been no attack upon the United States or its territories or possessions, and there were no attacks on its armed forces until after said armed forces had begun the war.
“The same law says that a president who launches a war in any of those three situations, then has 48 hours to submit his first report explaining himself, and 60 days after that report (62 days total — plus a possible extra 30) to entirely knock it off. But none of those three situations exists. So, the president must immediately knock it off — must, in fact, have never started the war.”
Swanson’s latest book is the just-released War Is Still A Racket: Smedley Butler’s classic texts with new commentary by David Swanson.