Trump is supposed to get Congress’ approval when the Iran war hits 60 days. Lawmakers can’t agree when that is

By Morgan Rimmer, CNN

(CNN) — A Vietnam-era law says Congress must sign off on the Iran war after the conflict hits the 60-day mark. The only problem: Lawmakers can’t agree when that deadline actually hits. And now they’ve left town.

Under the War Powers Act of 1973, the president has 60 days to conduct military action in response to an imminent threat or an attack on the United States if Congress has not voted to authorize a war. Without explicit congressional authorization, the law says that once that deadline is reached, the president “shall terminate any use of the United States Armed Forces.”

Many lawmakers see Friday, May 1, as the 60-day mark based on President Donald Trump notifying Congress of the beginning of hostilities on March 2. Some Senate Republicans argue that should mark an inflection point where Congress must step in and authorize the conflict or at least conduct further oversight. But others insist the president can unilaterally extend US military involvement for another 30 days. And some Republicans argue that ceasefire days do not count toward the total.

The disagreement injects just the latest element of uncertainty into a conflict that has raised questions about Congress’ role in checking the president’s war powers abroad. The extent of that power has been the subject of fierce debate among lawmakers since the war began earlier this year.

“We are in a ceasefire right now, which our understanding means the 60-day clock pauses or stops,” Defense Secretary Pete Hegseth told senators on Thursday.

North Carolina Republican Sen. Thom Tillis later questioned Hegseth’s argument. “I felt like the War Powers resolution says in 60 days you have to take some action,” he said, adding that by the time lawmakers return from a week-long recess, “we need to start talking with the administration and in cooperation with them, to get an authorization for the use of military force so the American people understand the Congress is behind what the president is trying to do.”

Meanwhile, some Democrats in Congress argue that the 60-day timeline cannot even be applied to this conflict, saying there was a lack of an imminent threat from Iran at the beginning of the war.

“In my view, this war was illegal from the start, because there was no attack on the United States, there was no imminent threat of attack. Even under the War Powers Act, the president doesn’t get 60 days to make war without congressional approval in the absence of any kind of imminent threat,” said Sen. Adam Schiff.

The California Democrat has been part of a group of Democratic senators forcing weekly votes on a measure that would require congressional approval for future military action against Iran. Their sixth attempt failed on the Senate floor Thursday afternoon, but, for the first time, Maine Republican Sen. Susan Collins voted with Democrats and Kentucky GOP Sen. Rand Paul.

In a statement, Collins said, “The Constitution gives Congress an essential role in decisions of war and peace, and the War Powers Act establishes a clear 60-day deadline for Congress to either authorize or end U.S. involvement in foreign hostilities.”

“Further military action against Iran must have a clear mission, achievable goals, and a defined strategy for bringing the conflict to a close. I voted to end the continuation of these military hostilities at this time until such a case is made,” she continued.

Other lawmakers point to a 30-day extension provision in the 1973 law as they insist that the president can continue to conduct the war without congressional approval. Under the law, Trump can extend the 60-day clock for another 30 days if he argues that continued military action is needed to keep service members safe while withdrawing from the war.

“I think the expectation is that he has the ability to extend it for 30 days,” said Sen. Mike Rounds of South Dakota, a member of the Senate Armed Services Committee. “I’d be surprised if he didn’t ask for a 30-day extension. During that time period, we’ll be asking questions.”

Senate Majority Leader John Thune, who controls what measures can receive a vote, signaled on Thursday that his chamber won’t vote on authorizing the war any time soon. “We’re listening carefully to what our members of our conference are saying, and at this point I don’t see that,” he said. “As of right now, I’m not hearing that, no.”

Sen. Lisa Murkowski announced Thursday that she plans to introduce a measure on whether to formally authorize the war if she does not see a “credible plan” from the White House in the next week.

“I do not accept that we should engage in open-ended military action without clear direction or accountability. Congress has a role, Congress has to step up and fulfill that role, that obligation that the Constitution assigns to us,” the Alaska Republican said in remarks from the floor.

She said she will introduce her measure — what’s known as an authorization for use of military force, or AUMF — when the Senate returns from recess the week of May 11 if the administration does not present that plan.

Murkowski added that she stands “firmly behind our troops.” But she stressed that Congress needs to fulfill its constitutional role of declaring war and providing oversight under the Constitution.

For Missouri Republoican Sen. Josh Hawley, “we’re at an inflection point” in the war.

“You know, under the statute, the administration has the ability to request an additional 30 days, and they can certify that statutory framework, if they are ready to draw down militarily. So, they’ve got some options there. Let’s see what happens. But I do think that framework needs to be followed,” he said. “So, you know, we’re at a point — we’re at an inflection point, I think the ball is in the administration’s court, but let’s see what we get.”

Meanwhile, Sen. Tim Kaine scoffed at the idea that some of his GOP colleagues are pointing toward the 90-day mark as a turning point. “And then it’ll be 120 days, and then it’ll be forever. Why don’t we just let Donald Trump wage war against anyone in the world for as long as he wants? That’s what many of them would do,” the Virginia Democrat said.

“I’m just hoping that there are a few who will stand up for their constitutional responsibility. And I don’t think the extension of 60 to 90 is automatic. First, the White House hasn’t asked for it. Second, I think there is a criteria that has to be met to allow the extension,” he added.

Schiff agreed, saying, “I have no expectation that he will do so, because it would require him to say he’s withdrawing forces over the 30-day period. And it’s hard for me to imagine that he is going to commit to that.” And he dismissed the argument that the ceasefire stops the clock from ticking down on the 60-day timeline. “It doesn’t,” he told CNN.

Asked about his GOP colleagues looking for flexibility within the War Powers Act, Schiff replied, “I think they’re torn between the recognition that the Constitution and the law require them to bring this war to an end and a concern with directly confronting the president.”

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CNN’s Sarah Ferris, Zachary Wolf and Dugald McConnell contributed to this report.