May 1 Marks a Crucial “War Powers” Deadline for Trump’s War in Iran

As a crucial legal deadline for the U.S.’s unauthorized war in Iran approaches later this week, President Donald Trump may opt to ignore it altogether — and Republican leaders in Congress may allow him to.

Trump launched the joint U.S.-Israel war in Iran almost two months ago. According to the War Powers Resolution of 1973, any military action taken by a president without congressional approval must be reported on. And so, in the first week of March, the administration submitted a written declaration of its actions to Congress.

Since that time, several War Powers Resolution votes to end the war have been submitted but subsequently failed, due to Republican lawmakers (joined by a few Democrats) blocking them.

However, the War Powers Act does not give presidents an indefinite time to continue their military ambitions. On May 1, a 60-day deadline will be met, at which point Trump must take further action if he wants the war in Iran to continue.

Per the law, hostilities must come to a close if Congress doesn’t authorize the war. Trump can request a 30-day extension, requiring him to certify, in writing, that the current campaign is the result of an “unavoidable military necessity.”

Providing proof of that “necessity” may prove difficult for the president. Notably, military intelligence indicated at the start of the war that Iran didn’t pose an imminent threat to the U.S. or its interests in the region. One high-ranking official in the Trump administration has resigned from his position, denouncing the war as unnecessary. And in March, Director of National Intelligence Tulsi Gabbard refused to answer questions on whether Iran posed a threat when prompted in congressional testimony.

In the past, some presidents have dealt with this requirement by simply ignoring it, continuing their unauthorized use of the military for as long as Congress has allowed. But Republican lawmakers may do so at their own political peril, as the war is deeply unpopular, with one poll demonstrating that 7 in 10 Americans want it to end “as quickly as possible.” The war’s continuation could also translate into lost seats for the GOP in the midterm elections.

At the same time, if Trump does try to extend the war powers deadline with a formal submission of documentation to Congress, it could be seen as an admission that he has to abide strictly to the confines of the law — something that the president, who always seeks to project a persona of strength, may try to avoid.

So far, the administration hasn’t indicated what its plans are for the May 1 deadline.

Although his line of thinking may have changed due to recent political shifts, Speaker of the House Mike Johnson (R-Louisiana) indicated last year that he would not support the War Powers Resolution when it comes to imposing restrictions on Trump.

“Many respected constitutional experts argue that the War Powers Act is itself unconstitutional,” Johnson said in remarks to reporters last summer, leaving out which experts, specifically, he was referencing. “I’m persuaded by that argument.”

Faced with the possibility that Republicans may allow Trump to ignore the May 1 deadline, Democratic lawmakers in Congress are contemplating a lawsuit against the administration if the president doesn’t adhere to the terms of the War Powers Act.

“Legal action has to be explored,” said Sen. Richard Blumenthal (D-Connecticut), speaking to Time magazine about the idea. “[Trump] has to be confronted with illegality, and the court is one way to do it.”