Tuesday morning, Rep. Al Green (D-TX) filed an article of impeachment against President Donald Trump over the United States’ strike on three sites in Iran this weekend.
Green’s article of impeachment alleges that Trump violated Article I, Section 8, Clause 11 of the Constitution. That section says only Congress can declare war.
“In starting his illegal and unconstitutional war with Iran without the constitutionally-mandated consent of Congress or appropriate notice to Congress, President Trump acted in direct violation of the War Powers Clause of the Constitution. President Trump has devolved and continues to devolve American democracy into authoritarianism by disregarding the separation of powers and now, usurping congressional war powers,” Green wrote.
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Though the meat of the impeachment article is about Iran, Green also calls out other objectionable things done by Trump.
“President Trump’s unilateral, unprovoked use of force without congressional authorization or notice constitutes an abuse of power when there was no imminent threat to the United States, which facilitates the devolution of American democracy into authoritarianism, with an authoritarian president who has instigated an attack on the United States Capitol, denied persons due process of the law, and called for the impeachment of federal judges who ruled against him—making Donald J. Trump a threat to American democracy,” he said.
Green’s article of impeachment is unlikely to go anywhere. The House is controlled 220-212 by the Republican party. Even though some House Republicans like Thomas Massie (R-WV) and Marjorie Taylor Greene (R-GA) have criticized Trump’s action in Iran, even if every Democrat voted in favor of impeachment, it would be a tall order for nine Republicans to flip. An article of impeachment only needs a simple majority in the House before going to the Senate.
Trump is the only president to be successfully impeached twice. However, he has never been convicted.
Though Trump did not have Congressional approval to order the U.S. to attack Iran—and, according to Defense Secretary Pete Hegseth, they were only informed afterward—the Constitution isn’t as clear as it might sound. The last time Congress declared war was in 1942, but there have been many wars since then, but by different names; the Korean War was officially a “police action.”
The president is officially Commander-in-Chief of the United States Military, and as such, can order a response to attacks, or other limited military actions without the approval of Congress. During the Vietnam War (another “police action”), President Richard Nixon ordered the secret bombings of Cambodia without informing Congress. Once this was revealed, Congress passed the War Powers Resolution, which puts limits on what the president can do without Congressional approval.
Under the War Powers Resolution, a president can order a military action, but must inform Congress within 48 hours. Armed forces cannot stay in an area for over 60 days, though they can have a window of an additional 30 days to withdraw.
Trump has been accused of violating the War Powers Resolution twice before. The first was in 2017, when Trump ordered a missile strike in Syria over allegations the country had used chemical weapons. Next was in 2020 when the U.S. killed Iranian General Qasem Soleimani in a drone strike. Neither of these accusations, however, resulted in anything.
Image via Reuters