Tim Kaine demands briefing from Biden administration on legal justification for Syria strike

  • Oops!
    Something went wrong.
    Please try again later.
Oriana Gonzalez
·2 min read
  • Oops!
    Something went wrong.
    Please try again later.

Sen. Tim Kaine (D-Va.) on Friday criticized the Biden administration for Thursday night's airstrike against facilities in Syria linked to an Iran-backed militia group, demanding that Congress immediately be briefed on the matter.

Why it matters: Kaine, a member of the Senate Foreign Relations and Armed Services committees, is the first Senate Democrat — and will likely not be the last — to condemn the strikes, which constitute the Biden administration's first military action.

Get market news worthy of your time with Axios Markets. Subscribe for free.

What they're saying: "The American people deserve to hear the administration's rationale for these strikes and its legal justification for acting without coming to Congress," Kaine said in a statement.

  • "Offensive military action without congressional approval is not constitutional absent extraordinary circumstances. Congress must be fully briefed on this matter expeditiously."

The other side: The Pentagon said in a statement Thursday that the strike was carried out "in response to recent attacks against American and Coalition personnel in Iraq," and was intended to "de-escalate the overall situation in both eastern Syria and Iraq."

  • A National Security Council spokesperson said the Pentagon pre-notified Congress, and that the administration is continuing to brief the Hill at the member and staff level.

  • "As a matter of domestic law, the president took this action pursuant to his Article II authority to defend U.S. personnel," the spokesperson said.

The big picture: Kaine has been outspoken against past presidents' attempts to conduct offensive military operations without congressional approval.

  • He has led the charge in the Senate to repeal the 2002 Authorization for the Use of Military Force (AUMF) against Iraq and to replace the 2001 AUMF — which has been cited repeatedly by presidents to justify U.S. military action all over the world — with a narrower authorization.

  • Kaine introduced a resolution passed by the Senate in 2020 that would have required former President Trump to get congressional approval before taking military action against Iran, but it was vetoed by the president.

More from Axios: Sign up to get the latest market trends with Axios Markets. Subscribe for free