“Under the War Powers Act of 1973, the law that governs presidential authority to order military strikes, there are three lawful ways for a commander-in-chief to order the bombing of another country. None of them appears to cover the strikes carried out on Saturday.
Here is the relevant section of the law (emphasis added): “The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.”
The first two options provided by the law are clearly not involved here, as Congress did not declare war against Iran and did not pass an authorization for the use of military force (as was done to allow the invasion of Iraq in 2002).
The third circumstance also does not apply to Trump’s attack on Iran, which was not carried out in response to an attack on American troops and did not respond to a crisis threatening American soil.”
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“The War Powers Act should not be treated as a series of suggestions that can be discarded when they seem inconvenient. Indeed, limits on executive power are most essential at the moments when they are inconvenient—otherwise, they are meaningless. Trump’s attack on Iran was not just an assault on a suspected nuclear weapons program; it was yet another blow against the separation of powers and the fundamental structure of the American constitutional system.”
“Given that Congress wasn’t consulted about Trump’s weekend strikes on Iran either (more on that in a bit), the administration’s “we’re not at war” insistences allow it to pretend it’s not completely ignoring the Constitution.”
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“Nevertheless, Republican Congressional leaders have cheered on Trump’s unconstitutional attack on Iran. Most rank-and-file Republicans have offered support as well, with a few notable exceptions like Rep. Thomas Massie (R–Ky.), who got roasted by Trump on Truth Social for his trouble.”
“For years, hard-line voices inside the Islamic Republic have been calling for a nuclear weapon as a deterrent against exactly this kind of overwhelming attack.
Even as Iran continues to insist its nuclear program is for strictly peaceful purposes, those calls will now inevitably have been bolstered and the nuclear hard-liners may finally get their way.
Ominously, Iranian officials are already publicly hinting at pulling out of a key treaty – the Nuclear Non-Proliferation Treaty, or NPT – designed to monitor and prevent the global spread of nuclear weapons.”
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“But if there is political will, nuclear enrichment facilities can eventually be repaired or rebuilt, while Iran’s technical know-how survives, despite the targeting by Israel of multiple Iranian nuclear scientists.
Meanwhile, officials at the United Nations’ nuclear watchdog, the IAEA, say they are uncertain of the whereabouts of the nuclear material Iran has already manufactured, including the large amounts of uranium-235 enriched to 60%, which is very close to weapons-grade levels.
Iranian state media says the three nuclear sites struck by the United States – Fordow, Natanz and Isfahan – were “evacuated” beforehand, raising the possibility that some or all of that material is being stored elsewhere, possibly in a secret facility, unknown to nuclear inspectors.”
“Some of the most aggressive efforts over the past week have been cyberattacks against major financial institutions in Iran and disinformation campaigns aimed at causing chaos and confusion in Israel.
A pro-Israeli hacking group known as Predatory Sparrow claimed credit for a cyberattack last week on Iran’s Bank Sepah, which caused widespread account issues for customers. The group also later claimed credit for draining around $90 million from Nobitex, Iran’s largest cryptocurrency exchange, and for posting stolen Nobitex source code lists on the social media platform X.
Hackers also targeted Iranian news stations. Videos circulated online appeared to show Iranian state TV broadcasting anti-regime messages last week.
The Iranian government shut down the nation’s internet in response to the attacks late last week, a blackout that was largely still ongoing on Sunday.
“Gaining control of the flow of information is certainly to be expected from the regime … they suspect that there is maybe an attempt to mobilize public attention,” Vatanka said.
Top Iranian officials and their security teams were also advised last week to stop using internet-connected devices, in particular telecommunication devices, to protect against potential Israeli disruptions. Last year, thousands of pagers used by the Iranian proxy militant group Hezbollah exploded across Lebanon, leaving thousands injured.
One reason Israel’s cyberattacks may have been more effective in this round of fighting is that Israel struck Iranian facilities first, giving it more time to prepare its offensive and defensive options before Iran could retaliate.
Iran and its proxy organizations are fighting back, albeit on a smaller scale. Israel’s National Cyber Directorate warned Israelis abroad on Saturday not to fill out forms on malicious websites that are seeking to gather intelligence on these individuals.
Gil Messing, chief of staff for Israeli cyber company Check Point Software, said Saturday just before the U.S. strikes that his company had tracked cyber and disinformation campaigns against Israel “escalating a bit,” though no new major attacks had been reported.
Messing said that there was a “flood of disinformation” pouring onto social media last week, including messages discouraging Israelis from entering shelters during attacks and erroneous texts about gas and supply shortages.
Israel’s civilian cyber defense agency warned that Iran was renewing its efforts to hack into internet-connected cameras for espionage purposes.
John Hultquist, chief analyst for Google Threat Intelligence Group, posted on X on Saturday shortly after the attacks that Iranian cyber forces usually use their “cyberattack capability for psychological purposes.”
“I’m most concerned about cyber espionage against our leaders and surveillance aided by compromises in travel, hospitality, telecommunications, and other sectors where data could be used to identify and physically track persons of interest,” Hultquist wrote.”
If the U.S. wanted the Israel-Iran war to end, one strategy to end it was to use U.S. bunker busters to destroy nuclear sites, helping Israel achieve their goals and end the war sooner. Time will tell whether this strategy worked.