Is Biden authorized to attack the Houthis?

Author

Global Recap
January 25, 2024 • Read in: 8 minutes

Hi Global Recap readers,

I am happy to tell you that finally, we are starting today’s newsletter with a bit more fun story.

It seems like it’s been ages, since we’ve done this.

The OG readers will know what I am talking about. 😉

🌐 Around the world:

  • 🍵 UK-US tea controversy.

  • 🔥 Arsonist sentenced to death.

  • 🔥 Russian oil refinery on fire.

  • 🇮🇷 Iran-Turkey vs Israel?

  • 🇺🇸 Is Biden authorized to attack the Houthis?

Let’s get into today’s news.

🍵 UK-US Tea Controversy

A US scientist claims to have discovered the secret to a perfect cup of tea: adding salt. The idea has caused outrage among British tea lovers, who consider it a sacrilege.

  • Research: Prof. Michelle Francl analyzed ancient Chinese manuscripts and modern chemistry to perfect her recipe.

  • Reason: Salt blocks the bitter taste of over-brewed tea and enhances its flavor.

  • US Reaction: The US embassy in London distanced itself from the suggestion, saying on X that they will continue making tea in the “proper way” - by microwaving it.

  • UK Reaction: Contrastingly, the UK Cabinet Office insisted on using a kettle.

So who’s right?

🔥 Arsonist Sentenced to Death

Kyoto Animation studio in Kyoto, Japan, on July 18, 2019.

A Japanese court sentenced a man to death for setting fire to a famous animation studio in 2019, killing 36 people.

  • Motive: The arson, Shinji Aoba, told police he was angry at the studio for stealing his novel idea, but no evidence was found to support his claim.

  • Victims: All the deceased were employees of Kyoto Animation, a renowned studio that produced popular anime shows and movies.

  • Massacre: The fire was the worst mass killing in Japan since a 2001 arson attack that killed 44 people.

🔥 Russian Oil Refinery on Fire

Speaking of fire: A massive fire broke out at a Rosneft-owned oil refinery in Tuapse, Russia, after a suspected drone strike by Ukraine.

The attack is the latest in a series of strikes on Russian oil and gas infrastructure amid the escalating war in Eastern Europe.

  • Damage: The fire engulfed the refinery’s vacuum unit, which processed over 180,000 barrels per day of crude oil, or 3 percent of Russia’s total output.

  • Response: Local officials said the fire was extinguished by 99 firefighters and 31 equipment units, and there were no casualties reported.

  • Context: The refinery is the only Russian oil enterprise located on the Black Sea coast, and a strategic asset for Putin’s war effort.

🇮🇷 Iran-Turkey vs Israel?

Iranian President Raisi (left) shaking hands with Turkish President Erdogan (right).

Iranian President Raisi met with Turkish President Erdogan in Ankara and called for a united front against Israel.

  • Discussion: The two leaders discussed the need to end Israel’s “inhumane” attacks on Gaza and to cut off its "vital arteries".

  • Boycott: Raisi urged all nations to sever political and economic ties with Israel, saying it would force it to stop its “atrocities”.

  • Support: Erdogan reiterated Turkey’s support for the “just cause of Palestine” and condemned Israel’s “illegal” settlements.

This is getting really messy and complicated…

United States

Is Biden Authorized to Attack the Houthis?

📜 Senators Scrutinize. We’ve been reporting on many US attacks on the Houthi rebels in Yemen. But now, a bipartisan group of senators has raised questions about President Biden’s legal authority to authorize strikes against them.

  • How? By sending Biden a strongly-worded letter.

  • Who are they? Democratic senators Tim Kaine, Christopher Murphy, and Republican senators Todd Young, Mike Lee.

🌍 Global Impact of Strikes. The senators acknowledged that the US can carry out defensive strikes to protect its troops and assets under Article II of the Constitution. 

  • However, they questioned the authority to strike the Houthis, who are mainly targeting international ships, not American ones.

  • Also, Article I of the Constitution must be taken into context.

“The Congress shall have Power (…) To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;”

The Constitution of the United States, Article I, Section 8.

“The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States…”

The Constitution of the United States, Article II, Section 2.

📜 Resolution. Then, in 1973, Congress passed the War Powers Resolution, which states that the president of the United States shall consult with Congress before sending troops into hostile situations abroad in every possible instance.

  • It was enacted in response to the Vietnam War and other military interventions under President Nixon.

  • It aims to limit the power of the president by requiring the president to:

    • notify Congress within 48 hours of introducing troops into hostilities, and

    • withdraw the troops within 60 days unless Congress authorizes or extends the operation.

“The President in every possible instance shall consult with Congress before introducing United States Armed Forces into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances…”

PUBLIC LAW 93-148-NOV. 7, SEC. 3, 1973.

“In the absence of a declaration of war, in any case in which United States Armed Forces are introduced (…) the President shall submit within 48 hours to the Speaker of the House of Representatives and to the President pro tempore of the Senate a report, in writing, setting forth…”

PUBLIC LAW 93-148-NOV. 7, SEC. 4, 1973.

⚖️ Legal Boundaries. The senators emphasized that no current congressional authorization exists for offensive US military action against the Houthis. 

  • They stated, "Unless there is a need to repel a sudden attack, the Constitution requires that the United States not engage in military action absent a favorable vote of Congress.”

🎙️ White House Responds. In response to these concerns, White House national security spokesperson John Kirby defended the President’s authority, stating:

"We’re very comfortable and confident in the legal authorities that the president exercised to conduct these strikes.”

🔍 Why It Matters. The Iranian-backed Houthis have attacked merchant ships in the Red Sea more than 30 times since late November. The US, along with the UK, has launched strikes against Houthi sites in Yemen to weaken their ability to carry out these attacks.