Senate Dems Aim to Stop Trump 'From Dragging This Country Into War' With Venezuela

As the Trump administration argues that it can continue its extrajudicial assassination spree of alleged drug runners on the high seas without congressional approval, the US Senate is set to vote Thursday afternoon on a bipartisan war powers resolution that would block military action against Venezuela absent lawmakers' assent—as required by law.

Last month, Sens. Tim Kaine (D-Va.), Rand Paul (R-Ky.), and Adam Schiff (D-Calif.) introduced a resolution to block US military "hostilities within or against Venezuela that have not been authorized by Congress," citing the War Powers Resolution of 1973 and Congress' sole ability to declare war under the Constitution.

Posting on X ahead of Thursday's vote, Schiff said that the measure's co-sponsors "are forcing a bipartisan vote to block the administration from dragging this country into war in South America."

"Congress needs to assert its constitutional power to prohibit use of military force," he added.

Matt Duss, executive vice president of the Center for International Policy, a Washington, DC-based think tank, said Thursday that President Donald Trump "talks about himself as a historic peacemaker while continuing to order reckless military strikes and threatening to invade countries around the world."

"His actions violate both the Constitution and his own promises to be an anti-war president," he added.

This is the second time Kaine and Schiff have tried to introduce a Venezuela war powers resolution. Last month, Democratic Sen. John Fetterman joined his GOP colleagues in voting down a similar measure. Paul joined Democrats and Independent Sens. Bernie Sanders (Vt.) and Angus King (Maine) in voting for the legislation.

Since September 2, Trump has overseen 16 reported attacks on vessels allegedly transporting drugs in the Caribbean Sea and Pacific Ocean off the coast of South America, killing at least 67 people. Venezuelan and Colombian officials, as well as relatives of some of the slain men, assert that some victims were fishers and condemned the attacks as war crimes.

Trump—who deployed an armada of warships and thousands of troops off the coast of Venezuela—has also approved covert CIA action and, along with senior administration officials, threatened to attack targets on land inside the oil-rich country, which has long been subjected to US meddling, regime change, and deadly sanctions. Late last month, the government of Venezuelan President Nicolás Maduro said that his country’s security forces captured a group of CIA-aligned mercenaries engaged in a "false-flag attack" against the nation.

The War Powers Resolution of 1973—also known as the War Powers Act—was enacted during the Nixon administration at the tail end of the US war on Vietnam, Cambodia, and Laos to empower Congress to check the president’s war-making authority. The law requires the president to report any military action to Congress within 48 hours and mandates that lawmakers must approve troop deployments after 60 days.

That 60-day door closed on Monday. However, according to The Washington Post, Assistant Attorney General for the Office of Legal Counsel T. Elliott Gaiser told lawmakers this week that Trump is not bound by the War Powers Resolution, as the administration does not believe that the boat strikes legally meet the definition of "hostilities" because the victims of the attacks aren't fighting back.

The dubious argument that acts of US military aggression aren't hostilities isn't new—the Obama administration asserted similar immunity from the War Powers Resolution when it decided to attack Libya in 2011, leading to the ouster of longtime leader Muammar Gaddafi and over a decade of enduring conflict and division.

As Brian Finucane, a former State Department legal adviser who is now a senior official at the International Crisis Group, wrote for Just Security this week:

There are many flaws with the Trump administration’s reported interpretation of hostilities. As indicated in the legislative history, Congress understood the term “hostilities” to apply broadly, more broadly than “armed conflict.” The Obama administration’s prior attempt to restrictively interpret the term garnered strong bipartisan congressional opposition...

That the Trump administration would resort to creative lawyering to circumvent the limits of the War Powers Resolution is hardly a surprise... It nonetheless is yet another legal abuse and arrogation of power by the executive. And it is a power grab in the service of killing people outside the law based solely on the president’s own say-so.

"Congress needs to push back against this attempt by the White House to further encroach upon its constitutional prerogatives on the use of military force," Finucane added. "The legislative branch should reject the executive’s strained legal interpretation of the War Powers Resolution, including possibly in legislation. Congress should also continue efforts to halt these killings at sea and block an unlawful attack on Venezuela."