Senators Accuse Biden of Exceeding Authority for Military Strikes in Yemen and Red Sea

WASHINGTON — Republican senators at a hearing Tuesday foretold a conflict with the Biden administration over the president’s authority for recent military action in Yemen and the Red Sea.

They expressed concern that the United States is sinking into war through an escalating response to attacks in the Red Sea by the Houthis, an Islamic extremist group.

They also said President Joe Biden appears to have exceeded his constitutional authority to defend U.S. interests without the authorization required by Congress.

“This looks to me like war in every constitutional sense,” said Sen. Todd Young, R-Ind.

Biden has invoked authority for military action in the Red Sea from Article II of the Constitution, which authorizes the president as commander in chief of the armed forces to defend U.S. citizens and interests.

As long as the military response is purely defensive and short-term, no additional authorization is needed for the president.

Long-term engagements — normally meaning more than two months — that include attacks on foreign nations or defending allies, require a declaration of war by Congress, as outlined in the War Powers Act.

Since the Oct. 7 Hamas attack on Israel, and Houthi strikes in the Red Sea, the U.S. military has launched dozens of missile, fighter jet and artillery strikes at targets in Yemen, Iraq and Syria. 

The most recent was Monday, when the U.S. Navy destroyed Houthi anti-ship cruise missiles, unmanned attack vessels and a drone in Yemen. The U.S. Central Command said the Houthis were preparing to launch them at ships in the Red Sea, which normally is a passage for 15% of global maritime commerce.

About 90% of the Red Sea maritime traffic has been rerouted around the southern tip of Africa since Oct. 7, driving up shipping costs, raising inflation rates and depriving some countries of adequate food and medicine.

The Central Command said in a statement its attacks were in self-defense “to protect freedom of navigation and make international waters safer and more secure for U.S. Navy and merchant vessels.”

The claims of “self-defense” by the U.S. military and the Biden administration drew skepticism during the hearing of the Senate Foreign Relations Subcommittee on Near East, South Asia, Central Asia and Counterterrorism.

“I’m having trouble understanding why this does not require a congressional authorization,” Young said.

Daniel B. Shapiro, a U.S. assistant Defense secretary, defended the Biden administration’s military action under Article II of the Constitution and Article 51 of the United Nations charter, which authorizes nations to use military force to protect themselves from unprovoked foreign attacks.

He said the Houthis are engaging in “indiscriminate attacks” that threaten U.S. and allied interests in the Middle East.

“Until they stop, we are not done,” Shapiro said.

He also acknowledged U.S. military action against Iran, which is supporting the Houthis, was a possibility if the Iranians attack Americans.

Timothy A. Lenderking, U.S. special envoy for Yemen, said he doubted the Houthi claims they were showing support for Hamas in its war with Israel.

“They are mostly striking ships with no connection whatsoever to Israel,” he said. “What they’re doing is piracy.”

Biden said Monday he hoped recent negotiations between Hamas and Israel would lead to at least a short-term ceasefire by next week.

A Houthi spokesman in Yemen on Tuesday cast doubt on chances for a ceasefire when he said the Houthis will stop their attacks on international shipping if Israel ends its “aggression” in Gaza.

Sen. Tim Kaine, D-Va., said the increasing role of the U.S. military in the conflict might foreshadow a bigger regional war.

“We definitely shouldn’t slip or slide into a war,” he said. “This is the kind of thing that could make us slip into a war.”

He also said he did not believe the U.S. military was acting only in self-defense.

“In my view, that is laughable to call that self-defense,” Kaine said.

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