Has the US-Iran ceasefire reset the clock on War Powers Act deadline? | US-Israel war on Iran News
Defense Secretary Claims Ceasefire Pauses Deadline for Congressional Authorization
The Trump administration is asserting that a crucial May 1 deadline for congressional approval of the U.S.-Israel military campaign against Iran is no longer relevant due to a prevailing ceasefire with Tehran.
Under the War Powers Resolution, the President must notify Congress within 48 hours of introducing U.S. forces into hostilities. Following this notification, a 60-day deadline begins, during which Congress must authorize military action or the President must withdraw forces. In the current conflict with Iran, this deadline expires on Friday.
Defense Secretary Pete Hegseth told lawmakers during a Senate hearing on Thursday that the active ceasefire effectively pauses this timeline. However, his interpretation is facing sharp criticism from Democratic lawmakers and legal experts, who argue that the War Powers Resolution does not permit such a pause once the countdown has commenced.
This disagreement underscores a broader debate about defining “hostilities” and the implications of a temporary ceasefire on the obligations set forth by the White House.
In his testimony, Hegseth indicated that the “60-day clock pauses during a pause in fighting.” The U.S. and Iran have refrained from direct attacks since April 8, coinciding with the initiation of ceasefire negotiations, which have since stalled. Nonetheless, tensions remain high, as Tehran continues its blockade of the Strait of Hormuz, while the U.S. maintains a naval blockade of Iranian maritime activities in the region. President Trump has warned that military strikes could resume.
Other officials have echoed Hegseth’s sentiment, contending that the absence of active military exchanges since early April means that hostilities have effectively ceased under the War Powers Resolution, and that the 60-day deadline is no longer applicable.
Former NSC official Richard Goldberg suggested that the administration might consider renaming the current military operation against Iran to circumvent the deadline. He proposed a new operation titled “Epic Passage,” which he claims would focus on self-defense while restoring freedom of navigation in the Strait.
The War Powers Resolution, enacted in 1973, imposes restrictions on the duration of military engagements without congressional approval. Following the U.S.-Israel campaign’s launch on February 28, Congress was notified on March 2, setting the May 1 deadline. Within this timeframe, the President must secure congressional authorization through a joint resolution or cease U.S. military involvement.
While there is a limited provision for a 30-day extension to withdraw forces safely, this does not extend the authorization for continued combat. Historically, presidents have often challenged the resolution, deeming parts of it unconstitutional.
Due to partisan divisions, Congress is unlikely to authorize continued military operations against Iran. On Thursday, a Senate attempt to limit Trump’s military authority under the War Powers Resolution failed with a 50-47 vote, largely along party lines. Democratic senators strongly opposed Hegseth’s claim, affirming that no legal basis exists in the War Powers Resolution for pausing the deadline in light of a ceasefire.
Virginia Senator Tim Kaine dismissed the notion as legally unsupported. Adam Schiff, a California senator, further contended that U.S. forces remain active in the region, regardless of the cessation of airstrikes, maintaining that the 60-day countdown continues.
In a recent incident, the U.S. military seized an Iranian-flagged ship, while Iran subsequently captured two commercial vessels, highlighting ongoing tensions despite the ceasefire.
While Republicans largely voted against the latest War Powers Resolution, Senator Susan Collins of Maine sided with Democrats, asserting that the President’s authority is not limitless and emphasizing that the 60-day deadline is a legal requirement.
Legal experts are also weighing in on the matter. Bruce Fein, a former deputy attorney general, stated that the War Powers Resolution does not allow the 60-day deadline to be halted due to a ceasefire, cautioning that such an interpretation undermines the statute’s purpose. He pointed out that the President has not pursued a formal declaration of war, suggesting political unviability.
The War Powers Resolution was enacted following President Nixon’s controversial military actions during the Vietnam War and the secret bombing of Cambodia. Fein questioned why Trump has not sought formal authorization from Congress if he believes he could secure it, suggesting that the war’s legal and ethical implications merit deeper scrutiny.
