An Iranian woman holding national flags listens to a traditional...

An Iranian woman holding national flags listens to a traditional music band performing in solidarity with the Iranian people in Hafte-Tir square in central Tehran, Iran, on June 23. Credit: ABEDIN TAHERKENAREH/EPA-EFE/Shutterstock/ABEDIN TAHERKENAREH/EPA-EFE/Shutterstock

WASHINGTON — President Donald Trump’s weekend order for a U.S. military strike on Iran, prompting a response from the Middle Eastern country, sparked debate on Capitol Hill on Monday over the legality of the operation conducted without prior congressional approval.

Long Island’s two House Republicans — Reps. Andrew Garbarino and Nick LaLota — defended Trump green-lighting Saturday's bombardment of three nuclear-enrichment sites in Iran, arguing he acted within his authority as commander in chief. Congressional Democrats expressed support for U.S. ally Israel and for preventing Iran from developing nuclear weapons, but argued Congress should have been notified before the United States launched a potentially war-inducing mission.

Saturday’s U.S. military strikes came after a week of aerial attacks by Israel on key Iranian military sites and reported nuclear-enrichment facilities. Trump has defended the U.S. strikes, saying they were meant to put a “stop to the nuclear threat posed by the world’s number one state sponsor of terror,” but lawmakers from both sides of the aisle have raised questions about whether military action was needed as U.S. intelligence assessments previously indicated Iran was about three years from reaching the ability to produce a nuclear weapon, according to a CNN report.

In a statement to Newsday, Garbarino (R-Bayport), a member of the House Homeland Security Committee, said “preventing the world’s top state sponsor of terrorism from acquiring nuclear weapons is a national security imperative,” noting that past presidents authorized military strikes without congressional approval.

“President Trump acted under the same constitutional authority that presidents have used for decades to confront threats to the United States,” Garbarino said in an email. “President Obama ordered sustained airstrikes in Libya. President Clinton launched strikes in Sudan and led a NATO bombing campaign in Kosovo. President Biden targeted Iranian-backed militias. All were carried out unilaterally without prior congressional approval. This strike was consistent with longstanding interpretations by both parties of the Executive’s authority to use military force in defense of national security.”

The U.S. Constitution divides war powers between Congress and the president — with Article I granting Congress the power to authorize and appropriate funding for war, while Article II grants the president the role of commander in chief of the nation’s armed forces, according to Cornell Law School’s Legal Information Institute.

The War Powers Resolution of 1973, mandates that the president notify Congress of the “the committal of troops within 48 hours,” of major military action, and requires the president to “remove all troops after 60 days if Congress has not granted an extension,” according to the institute. 

LaLota (R-Amityville) in a statement to Newsday said Trump’s order was “necessary and lawful” and reflected “a broader pattern of U.S. presidents using military force in the Middle East without first securing congressional authorization.”

“Like his three immediate predecessors, President Trump exercised his constitutional war powers for limited, high-impact operations,” said LaLota, who is a U.S. Navy veteran.

Rep. Tom Suozzi (D-Glen Cove) said Trump “should work with Congress, especially those of us who recognize how important it is, to finally stop Iran.”

“Iran is a terrorist nation, and we must do everything we can to stop it from acquiring a nuclear weapon,” Suozzi said in a statement provided to Newsday.

Rep. Laura Gillen (D-Rockville Centre), in a statement, called Iran “the leading state sponsor of terrorism” and said Trump “must brief Congress in full on the Administration’s use of military force.”

“I am praying for the safety of our troops, the Israeli people, and innocent civilians as we hope for a lasting peace in the region,” Gillen said.

Senate Minority Leader Chuck Schumer (D-N.Y.), following retaliatory strikes from Iran aimed at a U.S. military base in Qatar on Monday, said he requested a classified briefing from the Trump administration and demanded administration officials “lay out exactly what measures they’re taking — right now — to keep our servicemembers safe.”

“The law requires the Trump administration to consult with Congress,” Schumer said in a statement. "The Constitution demands it. And the American people — especially the families of those in harm’s way — deserve nothing less.”

Sen. Kirsten Gillibrand (D-N.Y.), who sits on the Senate Armed Services Committee, called on the Trump administration to “fully explain to the American people the rationale for this military action and a strategy to avoid being mired in another Middle Eastern war.”

“No further military actions should be allowed without proper congressional approval,” Gillibrand said. “Avoiding further escalation is essential to the peace and security of Israel, the U.S., and our partners in the region. I urge the president and Iran to pursue a diplomatic resolution to this conflict.”

On Monday, Trump said Iran and Israel announced a complete ceasefire that would be phased in the next 24 hours, according to The Associated Press.

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