Senate committee vote on war powers marks a victory for Kaine

The authorization by a Senate panel Thursday for use of military force against the Islamic State marks a victory for Sen. Timothy M. Kaine, D-Va., who has pushed for a vote on war powers since President Barack Obama launched airstrikes against the militant group in August.

“It’s necessary for us to do our jobs after four-plus months of basically unilateral war,” Kaine told the members of the Senate Committee on Foreign Relations before the vote.

There are “differences of opinions certainly between the executive and us, some within this body, that many of us passionately believe there is no legal basis for the military action that is currently underway that’s led to loss of U.S. lives, that’s led to $1 billion in expenditure and 1,100 airstrikes, and now nearly 3,000 advisers on the ground or on their way to be on the ground in Iraq,” Kaine said.

The resolution, which cleared the committee by a 10-8 vote along party lines after a vivid discussion on war powers, includes key limitations on ground troops and duration advocated by Kaine in his own measure that he introduced in September.

“This discussion was a very civil and educational one (and ) the action of the committee was important because it basically becomes the template for the authorization that I now feel confident will happen,” Kaine said in an interview later Thursday. “In some ways, it’s the first real step, but there are many more steps.”

But Kaine said chances are rather slim for the approved legislation to go to the Senate floor for a vote by the full body before adjournment, which could come next week or earlier.

“We may be here for a few more days, so I have not completely given up on the ability to do something about it on the floor,” Kaine said. “At minimum, this sets the baseline for the discussion that we are going to have once we come back in January.”

The Senate resolution supports several of the key pillars laid out by the Obama administration, including a strict limitation on U.S. ground combat troops, except as necessary for the protection or rescue of U.S. soldiers or citizens; intelligence operations; operational planning; and other forms of advice and assistance.

It would also repeal the 2002 Iraq Authorization for Use of Military Force under which the White House is operating and create a process for updates and revisions to the 2001 authorization.

“This is about fighting ISIL, but it is also about clearing up some of the legal confusion surrounding the meaning of those earlier authorizations,” said Kaine, using an acronym for the Islamic State group.

The authorization would be limited to three years — Kaine had pushed for a one-year sunset — forcing Congress to renew it after it expires.

Since the beginning of Obama’s air campaign, Kaine had stressed the importance of congressional approval for the continuing use of military force against the Islamic State, for reasons of constitutional requirements and to signal support for the troops sent to fight the militants.

Speaking before the committee on Thursday, he reiterated those points, urging the panel to take action before the Senate adjourns.

“I think if the troops who are there, who are missing the holidays with family as we are adjourning, we send them a message if we stand up and say this mission is worth it. But if we don’t stand up and say this mission is in the national interest, we send them a message, too,” Kaine said, adding that the message sent by congressional inaction would be a “debilitating one.”

“We need to stand against ISIL as a committee and as a Senate,” he said.

Since taking office almost two years ago, Kaine has made war powers a cornerstone of his first term in the Senate.

Last year, he openly criticized Obama for his airstrikes against Libya without congressional approval.

In January, he teamed with Sen. John McCain, R-Ariz., to introduce the War Powers Consultation Act in an attempt to overhaul the 1973 War Powers Resolution, which permits the president the use of military force only by congressional authorization or in a national emergency.

The Kaine-McCain proposal is designed to strengthen the consultative process between Congress and the president on whether and when to engage in military action. It would also redefine war for the 21st century, especially in light of new means of warfare such as drone and cyber attacks and conflict with non-state actors such as the Islamic State.

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