House passes measure seeking to limit Trump on Iran

The House on Thursday approved a measure aimed at restricting President TrumpDonald John TrumpNew Biden campaign ad jabs at Trump's reported 0 income tax payments Ocasio-Cortez: Trump contributed less in taxes 'than waitresses and undocumented immigrants' Third judge orders Postal Service to halt delivery cuts 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 PelosiPelosi preparing for House to decide presidency if neither Trump or Biden win electoral college: report Trump seeks boost from seniors with 0 drug discount coupons GOP senators confident Trump pick to be confirmed by November 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 EsperTrump, Pentagon collide over anti-diversity training push Overnight Defense: Stopgap spending measure awaits Senate vote | Trump nominates former Nunes aide for intelligence community watchdog | Trump extends ban on racial discrimination training to contractors, military Overnight Defense: Pentagon redirects pandemic funding to defense contractors | US planning for full Afghanistan withdrawal by May | Anti-Trump GOP group puts ads in military papers MORE, Secretary of State Mike PompeoMichael (Mike) Richard PompeoUS says it will leave Baghdad embassy if Iraq doesn't rein in attacks: report Watchdog confirms State Dept. canceled award for journalist who criticized Trump Trump's push for win with Sudan amps up pressure on Congress  MORE, CIA Director Gina HaspelGina Cheri HaspelCIA letting less intelligence on Russia reach Trump: report Russian bounties revive Trump-GOP foreign policy divide Overnight Defense: House panel votes to ban Confederate flag on all Pentagon property | DOD report says Russia working to speed US withdrawal from Afghanistan | 'Gang of Eight' to get briefing on bounties Thursday 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) GaetzSunday shows preview: Lawmakers prepare for SCOTUS confirmation hearings before election Trump faces tricky choice on Supreme Court pick Florida attorney general scrutinizing Bloomberg paying fines for felons to vote 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 MassieRon Paul hospitalized in Texas GOP lawmaker praises Kyle Rittenhouse's 'restraint' for not emptying magazine during shooting Rep. Dan Meuser tests positive for COVID-19 MORE (R-Ky.) and Rep. Francis RooneyLaurence (Francis) Francis RooneyThe Hill's Convention Report: Democrats gear up for Day Two of convention The Hill's Morning Report - Presented by Facebook - Gohmert tests positive; safety fears escalate on Capitol Hill Pelosi to require masks on House floor 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 McCarthySunday shows preview: Lawmakers prepare for SCOTUS confirmation hearings before election House to vote on resolution affirming peaceful transition of power Ginsburg becomes the first woman to lie in state in the Capitol 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 CunninghamKate Schroder in Ohio among Democratic challengers squelching GOP hopes for the House Warning signs flash for Lindsey Graham in South Carolina Trump asked Chamber of Commerce to reconsider Democratic endorsements: report MORE (S.C.), Kendra HornKendra Suzanne HornKate Schroder in Ohio among Democratic challengers squelching GOP hopes for the House GOP women's group rolls out six-figure campaign for Ernst Trump asked Chamber of Commerce to reconsider Democratic endorsements: report 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) GottheimerCentrist Democrats got their COVID bill, now they want a vote Vulnerable Democrats tell Pelosi COVID-19 compromise 'essential' Centrist House group offers bipartisan COVID-19 relief deal MORE (N.J.) and Elaine LuriaElaine Goodman LuriaKate Schroder in Ohio among Democratic challengers squelching GOP hopes for the House Congress must finish work on popular conservation bill before time runs out Virginians wait up to four hours to cast early voting ballots 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 KaineTrump taps Amy Coney Barrett for Supreme Court, setting up confirmation sprint Supreme Court fight pushes Senate toward brink Trump plans to pick Amy Coney Barrett to replace Ginsburg on court 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 PaulRon Paul hospitalized in Texas The Hill's Morning Report - Sponsored by Facebook - Trump previews SCOTUS nominee as 'totally brilliant' Rand Paul says he can't judge 'guilt or innocence' in Breonna Taylor case MORE (Ky.), Mike LeeMichael (Mike) Shumway LeeSunday Shows: Trump's court pick dominates Senate Republican says lawmakers can't 'boil down' what a Court nominee would do in one case like Roe v. Wade Sunday shows preview: Lawmakers prepare for SCOTUS confirmation hearings before election MORE (Utah), Susan CollinsSusan Margaret CollinsTrump's Teflon problem: Nothing sticks, including the 'wins' Durbin: Democrats can 'slow' Supreme Court confirmation 'perhaps a matter of hours, maybe days at most' Senate GOP set to vote on Trump's Supreme Court pick before election 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 YoungSenate GOP eyes early exit Why the US should rely more on strategy, not sanctions Davis: The Hall of Shame for GOP senators who remain silent on Donald Trump 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