Tlaib, Bush: Biden’s Deployment of US Troops to Israel Violates the Constitution

A group of five House Democrats has warned the White House that the executive branch is violating U.S. law in deploying U.S. troops to back Israel’s escalating violence in the Middle East, issuing a stark admonition to the Biden administration as experts say it is purposefully ignoring domestic law to support Israel’s aggression.

In a letter to President Joe Biden spearheaded by Representatives Rashida Tlaib (D-Michigan) and Cori Bush (D-Missouri), the lawmakers say that the administration’s unilateral decisions to share intelligence with the Israeli military and deploy troops to Israel and the Middle East constitute direct involvement in hostilities in the region.

Therefore, these actions go against the Constitution and War Powers Resolution of 1973, the letter says, which say that only Congress has the power to declare war and authorize the deployment of troops, respectively.

“American military involvement in these wars has not been authorized by the United States Congress, as required by the Constitution and U.S. law,” the lawmakers wrote. “Absent an imminent or actual sudden attack on the United States, its territories or possessions, or its armed forces, the Executive Branch may not introduce U.S. armed forces into hostilities without Congress’ prior approval.”

The letter was also signed by Representatives André Carson (D-Indiana), Summer Lee (D-Pennsylvania) and Ilhan Omar (D-Minnesota).

As Israel has escalated its attacks in the occupied West Bank, Lebanon, Yemen, Iran and Iraq, over the past month, threatening an all-out regional war, the U.S. has sent thousands of additional troops to the Middle East. Last month, the U.S. sent soldiers directly to Israel to aid with the deployment of a $1 billion high-altitude anti-missile system. U.S. troops have also directly aided Israeli soldiers in locating targets for the Israeli military in Gaza.

“This current involvement, and any additional involvement or deployment, of the Armed Forces in the Israeli government’s expanding regional war fall under the definition of ‘hostilities’ in the War Powers Resolution and are not in response to an imminent or actual attack against the United States. As such, these actions are unauthorized and are subject to Congress’ authorities pursuant to the Constitution and the War Powers Resolution,” the lawmakers said.

The letter presses the administration to disclose the extent of the U.S. military’s involvement in Israel’s attacks and explain the administration’s justification for directly striking Houthi forces in Yemen last month and in January. The lawmakers warned that, under the War Powers Resolution, Congress has the power to remove unauthorized troops and stop their involvement in the region.

“The Executive Branch cannot continue to ignore the law without Congressional intervention,” they wrote. “These destructive wars must end, as must any unauthorized U.S. involvement in them. The American public deserves a say on the issue of war. Thus, Congress’ involvement and debate are necessary.”

Experts and lawmakers have long said that the Biden administration is flouting numerous U.S. and international laws in its support of Israel’s genocide of Palestinians in Gaza. This week, The Washington Post revealed that the Biden administration is ignoring hundreds of reports of Israeli forces using U.S. weapons to kill civilians in Gaza, despite the administration’s own guidance that such reports must be swiftly investigated and resolved.