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Defense Secretary Pete Hegseth asserted Thursday that a cease-fire with Iran pauses the 60-day clock under the War Powers Act, meaning the Trump administration does not yet need congressional authorization for its operations.
Joint operations by the U.S. and Israel against Iranian leadership and military infrastructure began Saturday, February 28, but President Donald Trump notified Congress on Monday, March 2. Therefore, the 60-day clock, which requires congressional authorization to continue operations, has been understood to run out on Friday, May 1, not April 28.
The cease-fire, initially scheduled for two weeks, began on April 8 and has been extended indefinitely by President Trump.
"We will ultimately defer to the White House and White House counsel on Iran," Hegseth told Sen. Tim Kaine (D-Va.) during a Senate Armed Services Committee hearing. "But we are in a cease-fire right now, and our understanding is that the 60-day clock is paused during a cease-fire."
The War Powers Act, revised in 1973, is intended to "fulfill the intent of the framers of the United States Constitution and to insure that the collective judgment of both the Congress and the President will apply to the introduction of United States Armed Forces into hostilities or into situations wherein involvement in hostilities is imminent, and to the continued use of the United States Armed Forces in hostilities," according to a summary on Congress's website.
It states, "In any engagement against the United States Armed Forces commenced or imminent in which either House of Congress has not declared war or otherwise given its specific approval, the President shall, within 48 hours after the introduction of United States Armed Forces into hostilities, report to the Speaker of the House of Representatives and the President pro tempore of the Senate in writing the circumstances necessitating the introduction of such forces, the constitutional and legislative authority under which such introduction took place, and the estimated scope and duration of the hostilities."
Section 5(b) of the War Powers Act states, "Within 60 days after reporting under section 4(a)(1) [50 U.S.C. 1543(a)(1)], and in no event later than a total of 90 days after such introduction, the President shall terminate any introduction of United States Armed Forces into hostilities or into situations wherein involvement in hostilities is clearly indicated by the circumstances, unless the Congress... (1) has declared such war or has specifically authorized the introduction of United States Armed Forces into hostilities; (2) has extended the 60-day period by law; or (3) is not in session and the President is unable to obtain its meeting."
The law also allows for up to 30 additional days if the president certifies that it is "necessary to ensure the safe withdrawal of United States Armed Forces."
Democrats, however, argue that the law does not include a provision allowing for the suspension of the 60-day clock during a cease-fire.
White House spokeswoman Anna Kelly told Newsmax that the administration has been "transparent with Congress since before Operation Epic Fury began," and that officials have provided "over 30 bipartisan briefings to members of Congress to keep them updated militarily."
"The president always prefers diplomacy, and Iran wants to negotiate," Kelly added.
However, Newsmax reported that the White House would not comment on whether the cease-fire pauses the clock on military operations.
An administration official told Newsmax that "the administration is actively consulting with Congress on this matter," and warned that "members seeking political victory by infringing upon the commander in chief’s authority will only weaken our troops abroad."
The Senate on Thursday afternoon voted down another resolution to end the war, 50-47. It was the sixth such vote. Sens. Susan Collins (R-Maine) and Rand Paul (R-Ky.) joined Democrats in voting for the resolution, while Sen. John Fetterman (D-Pa.) joined Republicans in voting no.
NNP Chief Reporter Sung Ku Hong in the U.S. / Special Contribution NNP info@newsandpost.com
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