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House passes measure seeking to limit Trump on Iran

The House on Thursday approved a measure aimed at restricting President TrumpDonald John TrumpTrump admin to announce coronavirus vaccine will be covered under Medicare, Medicaid: report Election officials say they're getting suspicious emails that may be part of malicious attack on voting: report McConnell tees up Trump judicial pick following Supreme Court vote MORE’s ability to go to war with Iran, a day after a number of lawmakers expressed frustration at the briefing where the administration provided its arguments for a drone strike that killed Iranian Gen. Qassem Soleimani. 

In a largely party-line vote of 224-194, the House passed a war powers resolution that would direct the president to end military hostilities with Iran unless Congress specifically authorizes it or the United States faces an “imminent armed attack.”

The measure would not need Trump’s signature because it’s what’s known as a “concurrent resolution.” But that has also left Democrats open to criticism that the resolution is just a messaging bill since concurrent resolutions are typically nonbinding, though their use to force the end of military hostilities under the War Powers Act is untested in court.

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House Speaker Nancy PelosiNancy PelosiOn The Money: Businesses, wealthy brace for Biden tax hikes | Dow falls more than 650 points as COVID-19 cases rise, stimulus hopes fade | Kudlow doesn't expect Trump to release detailed economic plan before election Overnight Health Care: US sets a new record for average daily coronavirus cases | Meadows on pandemic response: 'We're not going to control it' | Pelosi blasts Trump for not agreeing to testing strategy Gaffes put spotlight on Meadows at tough time for Trump MORE (D-Calif.) insisted Thursday the resolution has “teeth” and would send a strong message.

“This is with real teeth,” Pelosi said at her weekly press conference. “We’re taking this path because it does not require … a signature of the president of the United States. This is a statement of the Congress of the United States, and I will not have that statement be diminished by whether the president will veto it or not.”

The administration has argued killing Soleimani was necessary to prevent an “imminent” attack, but has proved little evidence publicly beyond citing his past attacks. Trump also claimed Thursday that Iran was “looking to blow up” the U.S. Embassy in Baghdad.

Democrats and some Senate Republicans have expressed anger over what they described as a lack of information at an administration briefing, which took place one day after Iran responded to the Soleimani killing by firing missiles at two Iraqi military bases housing U.S. troops. 

Democrats said the briefing — which was delivered by Defense Secretary Mark EsperMark EsperOvernight Defense: US, India to share satellite data | Allegations of racism at Virginia Military Institute | Navy IDs 2 killed in Alabama plane crash US, India to share sensitive satellite data Trump has list of top intelligence officials he'll fire if he wins reelection: report MORE, Secretary of State Mike PompeoMichael (Mike) Richard PompeoOvernight Defense: US, India to share satellite data | Allegations of racism at Virginia Military Institute | Navy IDs 2 killed in Alabama plane crash US, India to share sensitive satellite data Office of Special Counsel widens Pompeo probe into Hatch Act violations  MORE, CIA Director Gina HaspelGina Cheri HaspelTrump has list of top intelligence officials he'll fire if he wins reelection: report Former Trump campaign adviser named to senior role at CIA: report CIA letting less intelligence on Russia reach Trump: report MORE and Joint Chiefs of Staff Chairman Gen. Mark Milley — offered unconvincing evidence that Soleimani was planning an imminent attack.

Ahead of the vote Thursday, Trump urged Republicans to oppose the resolution.

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“Hope that all House Republicans will vote against Crazy Nancy Pelosi’s War Powers Resolution,” he tweeted Thursday morning. “Also, remember her ‘speed & rush’ in getting the Impeachment Hoax voted on & done. Well, she never sent the Articles to the Senate. Just another Democrat fraud. Presidential Harassment!”

While most Republicans fell in line, there were three defections.

Rep. Matt GaetzMatthew (Matt) GaetzHouse Judiciary Republicans mockingly tweet 'Happy Birthday' to Hillary Clinton after Barrett confirmation Congressional antitrust report rips tech firms for stifling competition Loeffler tweets edited video showing Trump taking down coronavirus in wrestling match MORE (R-Fla.), a vocal Trump supporter, backed the resolution after Democrats agreed to his amendment to remove a line from the findings section of the measure that said “the killing of Iranian Gen. Qassem Soleimani, as well as Iran’s ballistic missile attack on Iraqi bases, risks significant escalation in hostilities between the United States and Iran.”

"I don't think that our country needs to get pulled into another forever Middle East war in the absence of congressional approval. I'm very pleased that my amendment stripping out any reference to Soleimani, stripping out any critique of the president was adopted, and as a result, I'm going to vote for the resolution," Gaetz told The Hill.

"I had a very productive conversation with the president and I know that he wants to end these wars as badly as I do,” he added. “Matter of fact, he told me that he wants to end these wars even more than I do."

Rep. Thomas MassieThomas Harold MassieHouse in near-unanimous vote affirms peaceful transfer of power Ron Paul hospitalized in Texas GOP lawmaker praises Kyle Rittenhouse's 'restraint' for not emptying magazine during shooting MORE (R-Ky.) and Rep. Francis RooneyLaurence (Francis) Francis RooneyOVERNIGHT ENERGY: Environmentalists sound alarm over Barrett's climate change comments |  Energy regulators signal support for carbon pricing in electricity markets| Methane emissions up in 2020 amid turbulent year for oil and gas Calls for COVID-19 tests at Capitol grow after Trump tests positive The Hill's Convention Report: Democrats gear up for Day Two of convention MORE (R-Fla.) also crossed the aisle to vote in favor of the measure.

Most Republicans, though, argued the resolution was a show vote intended to undermine Trump.

“This is a meaningless vote that only sends the wrong message that the House Democrats would rather stand with the socialist base than stand against Iran,” House Minority Leader Kevin McCarthyKevin Owen McCarthyRocky Mountain National Park closed due to expanding Colorado wildfire Trump is out of touch with Republican voters on climate change The Hill's Morning Report - Sponsored by Goldman Sachs - Iran, Russia election bombshell; final Prez debate tonight MORE (R-Calif.) said at his weekly press conference.

The Supreme Court ruled in 1983 that a separate law that said a concurrent resolution was binding was an unconstitutional “legislative veto.” But some legal analysts argue the War Powers Act “is in a unique category,” according to the Congressional Research Service.

Some Democrats, too, opposed the measure over it being a concurrent resolution.

“I refuse to play politics with questions of war and peace and therefore will not support this resolution,” centrist Rep. Max RoseMax RoseCentrist Democrats got their COVID bill, now they want a vote Lawmakers fear voter backlash over failure to reach COVID-19 relief deal The Hill's Morning Report - Sponsored by The Air Line Pilots Association - Pence lauds Harris as 'experienced debater'; Trump, Biden diverge over debate prep MORE (D-N.Y.) said in a statement ahead of the vote. “Going forward, Congress must be proactive in living up to our Constitutional duties to declare war and authorize the use of military force. This resolution is not that.”

A total of eight Democrats voted against the resolution, including Reps. Ben McAdams (Utah), Anthony Brindisi (N.Y.), Joe CunninghamJoseph CunninghamMichigan Republican isolating after positive coronavirus test Chamber-backed Democrats embrace endorsements in final stretch GOP Rep. Mike Bost tests positive for COVID-19 MORE (S.C.), Kendra HornKendra Suzanne HornBiden's oil stance jars Democrats in tough races Biden: 'I would transition from the oil industry' Energized by polls, House Democrats push deeper into GOP territory MORE (Okla.), Stephanie MurphyStephanie MurphyDemocrats scramble on COVID-19 relief amid division, Trump surprise Bank lobbying group launches ad backing Collins reelection bid House Democrats call on State Department for information on Uighur prisoner Ekpar Asat MORE (Fla.), Josh GottheimerJoshua (Josh) GottheimerTrump fuels and frustrates COVID-19 relief talks Trump's illness sparks new urgency for COVID-19 deal House approves .2T COVID-19 relief bill as White House talks stall MORE (N.J.) and Elaine LuriaElaine Goodman LuriaHouse lawmakers call for continued assistance to Lebanon On The Money: Sides tiptoe towards a COVID deal, but breakthrough appears distant | Expiring benefits raise stakes of stimulus talks | Stocks fade with eyes on Capitol Democrat urges IRS to quickly process Gold Star families' refund requests MORE (Va.).

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The House may have more votes on Iran in the coming weeks. Pelosi vowed Thursday to vote to repeal the 2002 authorization for the use of military force, which authorized the Iraq War and which the Trump administration has used as legal justification for the Soleimani strike. She has also said the House may vote on a bill to block funding for military action against Iran.

The Senate, meanwhile, is expected to move on a similar war powers resolution from Sen. Tim KaineTimothy (Tim) Michael KaineDemocrats brace for nail-biting finish to Senate battle Democratic Senate emerges as possible hurdle for progressives  Two Loeffler staffers test positive for COVID-19 MORE (D-Va.). His measure is a “joint resolution,” though, and so would have the force of law — but also need Trump’s signature.

“I think we would like to try to get one to the president's desk,” Kaine said Thursday on taking up his measure instead of the House measure.

Democrats can force a vote on Kaine’s measure as soon as Tuesday in the Republican-controlled chamber. It’s unclear, though, whether the resolution can muster the simple majority needed to pass the Senate.

In June, four Republicans supported a measure that would have blocked funding for military action against Iran: Sens. Rand PaulRandal (Rand) Howard PaulRand Paul suggests restaurants should hire COVID-19 survivors as servers during pandemic Two Loeffler staffers test positive for COVID-19 Michigan Republican isolating after positive coronavirus test MORE (Ky.), Mike LeeMichael (Mike) Shumway LeeWhite House to host swearing-in event for Barrett on Monday night Pence adviser Marty Obst tests positive for COVID-19 Two Loeffler staffers test positive for COVID-19 MORE (Utah), Susan CollinsSusan Margaret CollinsHouse Judiciary Republicans mockingly tweet 'Happy Birthday' to Hillary Clinton after Barrett confirmation Barrett sworn in as Supreme Court justice by Thomas Roberts to administer judicial oath to Barrett Tuesday MORE (Maine) and Jerry MoranGerald (Jerry) MoranLobbying world This World Suicide Prevention Day, let's recommit to protecting the lives of our veterans Hillicon Valley: Zuckerberg acknowledges failure to take down Kenosha military group despite warnings | Election officials push back against concerns over mail-in voting, drop boxes MORE (Kan.). Four Republicans would give the war powers resolution 51 votes, assuming all Democrats vote for it.

Paul and Lee announced Wednesday they support Kaine’s proposal after the administration’s Iran briefing, which Lee called “insulting and demeaning.”

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Collins and Moran have not announced a position on the resolution. Sen. Todd YoungTodd Christopher YoungRepublicans: Supreme Court won't toss ObamaCare Vulnerable Republicans break with Trump on ObamaCare lawsuit Senate GOP eyes early exit MORE (R-Ind.) has also said he’s undecided on the resolution.

Another complicating factor for the Senate is the possibility of the House sending over articles of impeachment against Trump before it can take up the war powers resolution. That would likely push a vote on the war powers resolution until after the impeachment trial. Pelosi said Thursday she would send the articles “soon.”

Juliegrace Brufke and Jordain Carney contributed