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House votes to rein in Trump's military authority

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 PelosiCowboys for Trump founder arrested following Capitol riot Retired Army general: 'We can't have demonstrators showing up at a state Capitol with damn long guns' Graham calls on Schumer to hold vote to dismiss article of impeachment against Trump 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 LeeWatch Out: Progressives are eyeing the last slice of the budget House Democrats introduce measures to oppose Trump's bomb sale to Saudis 150 House Democrats support Biden push to reenter Iran nuclear deal MORE (D-Calif.) came shortly after the House approved a bill from Rep. Ro KhannaRohit (Ro) KhannaHouse Democrats introduce measures to oppose Trump's bomb sale to Saudis House impeaches Trump for second time — with some GOP support Stacey Abrams gets kudos for work in Georgia runoff election 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 TrumpIran convicts American businessman on spying charge: report DC, state capitals see few issues, heavy security amid protest worries Pardon-seekers have paid Trump allies tens of thousands to lobby president: NYT 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 CheneyGOP divided over Liz Cheney's future The Hill's Morning Report - Biden asks Congress to expand largest relief response in U.S. history GOP in bind over Trump as corporate donations freeze 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 ReedTom ReedThe Hill's 12:30 Report: House moves toward second impeachment LIVE COVERAGE: House votes to impeach Trump after Capitol insurrection GOP lawmakers introduce resolution to censure Trump over Capitol riot 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) GaetzFlorida Republicans close ranks with Trump after Capitol siege The Memo: Historic vote leaves Trump more isolated than ever Top Republican congressional aide resigns, rips GOP lawmakers who objected to Biden win MORE (Fla.), Warren DavidsonWarren Earl DavidsonREAD: The Republicans who voted to challenge election results Top GOP lawmakers call for Swalwell to be removed from Intelligence Committee House Republicans who didn't sign onto the Texas lawsuit MORE (Ohio), Thomas MassieThomas Harold MassieHouse conservatives plot to oust Liz Cheney GOP lawmaker on Capitol protesters: 'I will not be deterred' by 'mob demand' Questions and answers about the Electoral College challenges MORE (Ky.) and Trey HollingsworthJoseph (Trey) Albert HollingsworthHillicon Valley: Twitter flags Trump campaign tweet of Biden clip as manipulated media | Democrats demand in-person election security briefings resume | Proposed rules to protect power grid raise concerns Lawmakers call for bipartisan push to support scientific research The Hill's 12:30 Report: Presidential race tightens in key states 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 Gallagher'I saw my life flash before my eyes': An oral history of the Capitol attack GOP lawmaker on protesters storming Capitol: 'I have not seen anything like this since I deployed to Iraq' GOP lawmakers plead for calm, urge Trump to help restore order amid Capitol violence MORE (Wis.), Alex MooneyAlexander (Alex) Xavier MooneyRepublicans block 25th Amendment resolution to oust Trump House to vote on impeaching Trump Wednesday READ: The Republicans who voted to challenge election results MORE (W.Va.), Jamie Herrera Beutler (Wash.), Chip RoyCharles (Chip) Eugene RoyGOP divided over Liz Cheney's future Trust between lawmakers reaches all-time low after Capitol riots GOP senators blame Trump after mob overruns Capitol MORE (Texas), David SchweikertDavid SchweikertREAD: The Republicans who voted to challenge election results House Republicans who didn't sign onto the Texas lawsuit House GOP proposed rules change sparks concern MORE (Ariz.) and Fred UptonFrederick (Fred) Stephen UptonUpton becomes first member of Congress to vote to impeach two presidents The Hill's Morning Report - Trump impeached again; now what? Kinzinger says he is 'in total peace' after impeachment vote 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.