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OP
Jul 28, 2023
I run a small defense consulting firm with several military contractor clients. Woke up to the news about “Operation Epic Fury” — massive strikes on Iran, apparently killing Supreme Leader Khamenei, all launched without any vote in Congress. My clients are already asking me about contract implications, but before I get to the business side, I need to understand the legal foundation here.
Specific questions:
- Does the President actually have the constitutional authority to launch an operation of this scale without Congress?
- Does the 2001 AUMF cover Iran? I thought that was specifically about al-Qaeda and 9/11.
- What does the War Powers Resolution require here, and is the administration complying?
- I’m seeing bipartisan war powers resolutions being drafted — Massie and Khanna in the House, Kaine and Rand Paul in the Senate. Do those have any teeth?
I’m not looking for political takes. I need the legal analysis so I can advise my clients properly. What’s the actual constitutional framework here?