Inside the Senate debate over the Houthi strikes

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Jan 24, 2024 View in browser   By Daniella Diaz and Joe Gould Presented by With assists from POLITICO’s Congress team The bipartisan group, including Sen. Tim Kaine (D-Va.) pressed President Joe Biden for more details on the strategy behind the ongoing campaign. | AP WRANGLING OVER WAR POWERS It has been nearly two weeks since President Joe Biden launched military strikes against Houthi rebels in Yemen who have threatened maritime traffic in the Red Sea — and a group of senators is raising the pressure on Biden to provide some answers. The Houthi strikes, which have continued this week, are the latest foreign military intervention to catch the attention of lawmakers who have long been concerned about strengthening Congress’s role in U.S. war powers. While the initial Jan. 11 strikes sparked scattered objections on Capitol Hill, mainly from progressive Democrats who suggested Biden needed congressional authorization first, the new bipartisan group — which includes Sens. Tim Kaine (D-Va.), Mike Lee (R-Utah), Chris Murphy (D-Conn.) and Todd Young (R-Ind.) — is taking a more considered approach. In a letter to Biden yesterday, the group pressed Biden for more details on the strategy behind the ongoing campaign, noting the lack of a clear congressional authorization for the use of force against the Houthis and senators’ longstanding advocacy “for deliberate congressional processes in and authorizations for decisions that put service members into harm’s way overseas.” “The legal authority is all a subset of: What's the strategy?” Kaine told Inside Congress. “So I think we need to get an answer on the strategy, on the de-escalation strategy, and then I think we're going to have to grapple with the legal authorization question.” Biden’s bipartisan defense: The response to the strikes, which the U.S. has carried out in conjunction with the United Kingdom and other western allies, has scrambled party lines. Key Republicans and Democrats we spoke to stood up for Biden’s decision to protect shipping lanes and said they were not concerned about him sidestepping Congress. Sen. Jim Risch (R-Idaho), the top Republican on the Senate Foreign Relations Committee, said he’s had “spirited discussions” with the administration. “With me, they’ve been clear about what their strategy is,” he said. “Their job is to protect Americans and American interests, and I am not critical that they're attempting to do that.” Sen. Richard Blumenthal (D-Conn.), a member of the Armed Services and Judiciary committees called the strikes “a legitimate exercise of [Biden’s] constitutional power.” “It is a defense function that he is undertaking in an emergency situation, without adding troops, to deter and degrade a terrorist state from attacking our ships,” he said. Policy and political doubts: Other senators are less willing to give Biden — or any president — carte blanche to engage in a sustained bombing campaign that they fear could escalate into a broader conflict. The precise question of what a president can and cannot do under the Constitution and the 1973 War Powers Resolution is complex, to say the least, and depends on the answers to several of the questions that the four senators are asking. But to many lawmakers, including Senate Foreign Relations Chair Ben Cardin (D-Md.), the plain truth is that Congress has already ceded too much of its power to the executive branch. "If it's anticipated this is going to be a long-range continuing operation … and that we're going to be using our military in an aggressive way, then they should be on sounder [legal] footing," Cardin said, suggesting a congressional resolution authorizing the use of military force — aka an AUMF — could be needed Young said he was “inclined” at this point to work with colleagues on a new AUMF tailored to the situation but hasn’t made a final determination pending a response to the letter: "If they can shed light on their legal reasoning, then that will help me determine the best path going forward.” Seeking an AUMF, of course, is no small thing. Just Foreign Policy Executive Director Erik Sperling, a former House staffer who worked on Yemen policy and advocates for diplomatic solutions to conflicts in the Middle East, said Biden’s decision not to seek congressional approval is understandable, if constitutionally questionable. “The executive branch prefers unauthorized wars because approval from Congress can be a major hassle, particularly when word reaches Americans outside of the Beltway that Congress is thinking about voting for a new Mideast war,” Sperling said. — Daniella Diaz and Joe Gould, with assist from Connor O’Brien   A message from Instagram: Parents should be able to decide which apps are right for their teens. Apps can teach teens skills or ignite their creativity. But with access to so many apps, parents should have a say in which ones their teens download. That’s why Instagram wants to work with Congress to require parental approval wherever teens under 16 download apps. Learn more.   GOOD EVENING! Welcome to Inside Congress, the play-by-play guide to all things Capitol Hill, on this Wednesday, Jan. 24, where we think there should be a caption contest for this photo by Anthony. THE BORDER CRYSTAL BALL There’s still no supplemental text yet, but senators have been briefed on broad outlines of the pending deal that would tighten border policy in return for Ukraine funding. And one key Republican — Sen. Lindsey Graham (S.C.), ranking member on the Senate Judiciary Committee — is raising concerns over the parole language that he says aren’t cleared up yet. Graham on Wednesday said there’s been progress on alleviating his concerns, which he did not go into detail on. But he said “we’re not there yet” and “time will tell” if he can come around to the deal. Graham said he’s spoken directly with Sen. James Lankford (R-Okla.), the lead GOP negotiator, whom Graham added “has been great.” “All the things we do on asylum, expedited removal will be washed away if they can still just waive people into the country,” Graham told reporters. “Therein lies the problem.” Senate negotiators are counting on middle-out support in the Senate, meaning they’re counting on the ideological centers of both parties to get them to 60 votes. Murphy, who is leading talks for Democrats, forecasted Wednesday there will be both Democrats and Republicans who ultimately vote no on the deal. — Ursula Perano   A message from Instagram:   TILLIS DEFENDS ZYN First it was gas stoves. Then it was electric cars. Now it’s Zyn. A new front in the culture war has opened up after Senate Majority Leader Chuck Schumer urged the Federal Trade Commission and Food and Drug Administration to investigate the brand of flavored nicotine pouches for their marketing and health effects. To be clear, Schumer doesn’t want to ban Zyn but does want more information on the product as it gains popularity with young adults. But Republicans are slamming the Democratic leader regardless, suggesting he is starting down a slippery slope toward a ban. “To be against these pouches is to be against nicotine lozenges. I mean, what's the difference?” said Sen. Thom Tillis (R-N.C.). While Tillis uses and wholeheartedly endorses the product, he did agree with Schumer that there shouldn’t be flavored pouches. “They probably shouldn't have a bubble gum flavor, for example, or anything that will appeal to a younger market,” Tillis said. “But when you're talking about people that maybe have made the switch from smoking … this is a good transition.” — Daniella Diaz and Anthony Adragna    GROWING IN THE GOLDEN STATE: POLITICO California is growing, reinforcing our role as the indispensable insider source for reporting on politics, policy and power. From the corridors of power in Sacramento and Los Angeles to the players and innovation hubs in Silicon Valley, we're your go-to for navigating the political landscape across the state. Exclusive scoops, essential daily newsletters, unmatched policy reporting and insights — POLITICO California is your key to unlocking Golden State politics. LEARN MORE.     HUDDLE HOTDISH There was a dogbreak from Lisa Murkowski's office today, Anthony has learned. Two pups from the Alaska Republican’s office made it down two floors before they were corralled. John Fetterman has some choice words about the latest Bob Menendez court arguments. We need answers on the Hart statue dollar bills. Raja Krishnamoorthi (along with many other people) is happy about Jon Stewart’s return to the Daily Show. J.D. Vance said he doesn’t use seed oils. Jared Moskowitz wants to debate James Comer.  Insert tea joke here. Bullfeathers, how could you?   YOUR GUIDE TO EMPIRE STATE POLITICS: From the newsroom that doesn’t sleep, POLITICO's New York Playbook is the ultimate guide for power players navigating the intricate landscape of Empire State politics. Stay ahead of the curve with the latest and most important stories from Albany, New York City and around the state, with in-depth, original reporting to stay ahead of policy trends and political developments. Subscribe now to keep up with the daily hustle and bustle of NY politics.      QUICK LINKS  Bidens invite Kate Cox, Dallas mom who sued to terminate pregnancy, to State of the Union address, from Eleanor Klibanoff at The Texas Tribune Rep. Greg Pence: ‘Chaos’ in Congress a factor in retirement, from The Republic Exclusive: House ethics probe of Gaetz seeks information from DOJ and woman who allegedly had sex with congressman as a minor, from Paula Reid and Annie Grayer In Six-Way Primary, Rep. Danny Davis Uses Congressional Funds to Election Ad Blitz, Complaint Says, from Akela Lacy at The Intercept TRANSITIONS  Dalton Thompson is now press secretary and digital director for the Congressional Equality Caucus. He was previously the campaign manager for Virginia state Del. Rozia Henson.   A message from Instagram: Parents should be able to decide which apps are right for their teens. Giving parents a say in which apps are right for their teens helps them support their teens in having a positive experience online. That’s why Instagram wants to work with Congress to require parental approval wherever teens under 16 download apps. Learn more.   TOMORROW IN CONGRESS The House is out. The Senate is in session. THURSDAY AROUND THE HILL Quiet. TRIVIA TUESDAY’S ANSWER: Matthew J. Tobar correctly answered that Daniel Patrick Moynihan was the future senator who wrote a report that inspired the creation of the phrase “blaming the victim.” TODAY’S QUESTION, from Matthew: Which four senators founded the “Singing Senators” in 1995? The first person to correctly guess gets a mention in the next edition of Inside Congress. Send your answers to insidecongress@politico.com. GET INSIDE CONGRESS emailed to your phone each evening. Follow Daniella on X at @DaniellaMicaela.   Follow us

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