Kevin McCarthy Open to Reducing Biden’s Powers to Conduct Iraq Military Operations Without Congressional Approval

Kevin McCarthy
AP Photo/Jacquelyn Martin

House Speaker Kevin McCarthy (R-CA) announced he doesn’t have a “problem” repealing the 1991 and 2002 Iraq war authorizations (AUMF) to reduce American presidents’ broad powers to conduct military operations without congressional approval.

Speaking with reporters on Tuesday, McCarthy said the Senate’s potential repeal of the measure stands a “good chance of getting through committee and getting to the floor” in the House.

Last week, the Senate voted 68-27 to advance the measure in the Senate. A final Senate vote on the bill is expected as soon as Thursday, which would convey it over to the House, where McCarthy has singled openness to permit its passage. If both chambers approve the bill, it would be sent to President Joe Biden for his signature.

The White House said has issued support for the measure, ending its authorizations for use of force in Iraq, a move that would be a symbolic reinstatement of Congress’ ability to declare war.

In order for the bill to pass the House upon Senate approval, Rep. Michael McCaul (R-TX), who chairs that panel and opposes repealing the Iraq AUMFs, would have to support the bill. McCaul, an establishment Republican, has been a strong advocate of sending billions to defend Ukraine’s border.

McCaul told Punchbowl News on Monday he would be open to passing the bill out of committee if McCarthy supports it. “I can mark that up out of my committee and repeal and replace, or they will just put the Senate version on the floor,” McCaul said. “And I guess it would probably pass.”

Watch: GOP Rep. Steube–Lack of Mission for Ukraine Funding Reminds Me of Iraq War

Before the House receives the bill from the Senate, senators must finalize any amendments. Punchbowl reported on those proposed changes:

We’re told the amendments under discussion include several that were considered when the Senate Foreign Relations Committee marked up the repeal bill earlier this month. One from Sen. Ted Cruz (R-Texas), centers on Iran’s military proxies operating in Iraq. Another from Sen. Rand Paul (R-Ky.) would also repeal the 2001 AUMF, which was passed in the wake of 9/11.

Neither amendment passed in committee, and they aren’t expected to succeed on the floor either.

Another amendment in the works would simply reiterate the president’s Article II authority to defend U.S. troops who come under attack in the region, according to sources familiar with the discussions. This could be voice-voted as long as the exact wording doesn’t impact the underlying bill.

If Congress ultimately passes the bill, the White House claimed last week it would “have no impact on current U.S. military operations and would support this Administration’s commitment to a strong and comprehensive relationship with our Iraqi partners.”

“President Biden remains committed to working with the Congress to ensure that outdated authorizations for the use of military force are replaced with a narrow and specific framework more appropriate to protecting Americans from modern terrorist threats,” the White House said in a statement. “Toward that end, the Administration will ensure that Congress has a clear and thorough understanding of the effect of any such action and of the threats facing U.S. forces, personnel, and interests around the world.”

Follow Wendell Husebø on Twitter @WendellHusebø. He is the author of Politics of Slave Morality.

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