Presidents vs. Congress: Trump is only the latest to test the War Powers Act

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By LEAH ASKARINAM and JOEY CAPPELLETTI

WASHINGTON (AP) — Donald Trump isn’t the first president to order military strikes without congressional approval. But his decision to bomb Iran comes at a uniquely volatile moment — both at home and abroad.

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Overseas, the U.S. risks deeper entanglement in the Middle East if fighting erupts again between Israel and Iran. At home, Trump continues to sidestep oversight, showing little regard for checks and balances.

His move has reignited a decades-old debate over the War Powers Act, a law passed in the early 1970s meant to divide authority over military action between Congress and the president. Critics say Trump violated the act by striking with little input from Congress, while supporters argue he responded to an imminent threat and is looking to avoid prolonged conflict.

Even after Trump announced late Monday that a “complete and total ceasefire” between Israel and Iran would take effect over the next 24 hours, tensions remained high in Congress over Trump’s action. A vote is expected in the Senate later this week on a Democratic Iran war powers resolution that is meant to place a check on Trump when it comes to further entanglement with Iran.

Here’s a closer look at what the act does and doesn’t do, how past presidents have tested it and how Congress plans to respond:

Dividing war powers between Congress and the president

Passed in the wake of American involvement in Vietnam, the War Powers Resolution prescribes how the president should work with lawmakers to deploy troops if Congress hasn’t already issued a declaration of war.

It states that the framers of the Constitution intended for Congress and the President to use its “collective judgement” to send troops into “hostilities.” The War Powers Resolution calls for the president “in every possible instance” to “consult with Congress before introducing United States Armed Forces.”

But when Congress enacted the law, “it didn’t install any hard requirements, and it provided a lot of outs,” said Scott Anderson, a fellow at the Brookings Institution.

“Habitual practice for presidents in the last few decades has been to minimally — almost not at all — consult with Congress on a lot of military action,” Anderson said. And “the language of the statute is so vague and open-ended that it’s hard to say it’s in clear contradiction” to the War Powers Resolution.

Unless a Declaration of War has already been passed or Congress has authorized deploying forces, the president has 48 hours after deploying troops to send a written report to congressional leadership explaining the decision. Trump did so on Monday, sending Congress a letter that said strikes on Iran over the weekend were “limited in scope and purpose” and “designed to minimize casualties, deter future attacks and limit the risk of escalation.”

In March, when Trump ordered airstrikes in Houthi-held areas in Yemen, he wrote a letter to congressional leadership explaining his rationale and reviewing his orders to the Department of Defense. President Joe Biden wrote nearly 20 letters citing the War Powers Resolution during his term.

If Congress doesn’t authorize further action within 60 to 90 days, the resolution requires that the president “terminate any use” of the armed forces. “That’s the hard requirement of the War Powers Resolution,” Anderson said.

How past presidents have used it

Congress hasn’t declared war on another country since World War II, but U.S. presidents have filed scores of reports pursuant to the War Powers Resolution since it was enacted in 1973, over President Richard Nixon’s veto.

Presidents have seized upon some of the vague wording in the War Powers Resolution to justify their actions abroad. In 1980, for example, Jimmy Carter argued that attempting to rescue hostages from Iran didn’t require a consultation with Congress, since it wasn’t an act of war, according to the Congressional Research Service.

President George W. Bush invoked war powers in the weeks after the Sept. 11, 2001, attacks and persuaded Congress to approve an authorization for the use of military force against Iraq in 2002.

Throughout his presidency, President Barack Obama faced pressure to cease operations in Libya after 90 days. But his administration argued that the U.S. use of airpower in Libya didn’t rise to the level of “hostilities” set forth in the War Powers Resolution.

What Congress is doing now

Trump’s actions in Iran have drawn the loudest praise from the right and the sharpest rebukes from the left. But the response hasn’t broken cleanly along party lines.

Daily developments have also complicated matters. Trump on Sunday raised the possibility of a change in leadership in Iran, before on Monday announcing that Israel and Iran had agreed to a “complete and total” ceasefire to be phased in over the next 24 hours.

Nevertheless, the Senate could vote as soon as this week on a resolution directing the removal of U.S. forces from hostilities against Iran that have not been authorized by Congress.

Sen. Tim Kaine, D-Va., the bill’s sponsor, told reporters Monday — prior to the ceasefire announcement — that the vote could come “as early as Wednesday, as late as Friday.” He expects bipartisan backing, though support is still coming together ahead of a classified briefing for senators on Tuesday.

“There will be Republicans who will support it,” Kaine said. “Exactly how many, I don’t know.”

He added that, “this is as fluid a vote as I’ve been involved with during my time here, because the facts are changing every day.”

Passing the resolution could prove difficult, especially with Republicans praising Trump after news of the ceasefire broke. Even prior to that, Senate Majority Leader John Thune, R-S.D., defended Trump’s actions on Monday and said he’s operating within his authority.

“There’s always a tension between Congress’ power to declare war and the president’s power as commander in chief,” said Sen. John Kennedy, R-La. “But I think the White House contacted its people, as many people as they could.”

A similar bipartisan resolution in the House — led by Democratic Rep. Ro Khanna and Republican Rep. Thomas Massie — could follow soon, although Massie signaled Monday that he may no longer pursue it if peace has been reached.

Khanna was undeterred.

“In case of a conflict in the future, we need to be on record saying no offensive war in Iran without prior authorization,” Khanna said. “We still need a vote.”

Associated Press writers Mary Clare Jalonick and Matt Brown contributed to this report.

Truckers fear job loss as new English language rules take effect

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By CATHY BUSSEWITZ

LINDEN, New Jersey (AP) — At a trucking school in New Jersey, students are maneuvering 18-wheelers around traffic cones. Other future drivers look under hoods to perform safety checks, narrating as they examine steering hoses for cracks and leaks.

An instructor glides between speaking Spanish and English as he teaches Manuel Castillo, a native Spanish speaker, how to inspect a school bus. They’re using a printed script of English phrases to practice what Castillo would say during a roadside inspection.

Brushing up on English has taken on new urgency for future and current truck drivers after President Donald Trump issued an executive order saying truckers who don’t read and speak the language proficiently would be considered unfit for service.

“A driver who can’t understand English will not drive a commercial vehicle in this country. Period,” Transportation Secretary Sean Duffy said last month while announcing enforcement guidelines that take effect on Wednesday.

Updated U.S. Department of Transportation procedures call for enhanced inspections to determine if commercial motor vehicle operators can reply to questions and directions in English, as well as understand highway traffic signs and electronic message boards.

Truckers who learned English as a second language are concerned they may lose their jobs if they make a mistake or speak with a heavy accent while under questioning. Some have worked to improve their English fluency by taking classes, reciting scripts and watching instructional videos.

“If it’s not the language that you prefer to use daily, you may get a little nervous and you may feel, ‘What if I say the wrong thing?’” said Jerry Maldonado, chairman of the board of the Laredo Motor Carriers Association, a trade association in Laredo, Texas, that represents approximately 200 trucking companies. “It’s going to be, at the end of the day, the interpretation of the officer, so that makes people nervous.”

The guidance applies to truck and bus drivers engaged in interstate commerce. It aims to improve road safety following incidents in which truck drivers’ inability to read signs or speak English may have contributed to traffic deaths, the Transportation Department said.

English requirement isn’t new

Requiring truck drivers to speak and read English isn’t new, but the penalty for not meeting the proficiency standard is becoming more severe.

To get a commercial driver’s license, applicants must pass a written test and be able to name the parts of a bus or truck in English as they check tire inflation, tread depth, lug nuts and coolants.

The revised policy reverses guidance issued nine years ago, near the end of then-President Barack Obama’s final term, according to the Federal Motor Carrier Safety Administration. In 2016, the agency said drivers whose English skills were found lacking could receive a citation but not be prohibited from working. Before that, the penalty was getting placed on “out-of-service status.”

“We have bridges that get hit because drivers don’t understand the signs on the bridges for things like height clearance,” Owner-Operator Independent Drivers Association President Todd Spencer said.

Practicing English phrases

In Laredo, a border city where many residents speak a mix of English and Spanish, Maldonado’s association is offering free English classes on weekends to help truckers feel more confident in their ability to communicate.

“Everybody knows what a stop sign looks like,” Maldonado said. “But if there’s construction or if there is an accident five miles down the road, and they have to put up a sign — ‘Caution, must exit now, road closed ahead,’ and you are not able to read that or understand that, that could potentially be a safety issue.”

At Driving Academy in Linden, New Jersey, multilingual instructors teach students how to inspect vehicle parts in their first language and then provide explanations in English, according to founder Jonathan Marques. The school created scripts so students could practice what to say if they’re stopped, he said.

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Students are advised to watch training videos as homework, while licensed truckers can listen to English language apps instead of music when they’re on the road, Marques suggested.

Instructor Paul Cuartas helps students prepare but worries that inspectors will now expect truckers and bus drivers to have perfect English. “I’m concerned because now for all the Spanish people it’s more difficult,” he said.

Castillo, who moved to the U.S. from Ecuador in 1993, said he has no problem understanding English but has been watching videos to study industry terms. “Some words I don’t understand, but I try to learn more English,” he said.

Asked whether he supports the president’s executive order, Castillo said he voted for Trump but doesn’t agree with the president’s push to deport some immigrants who haven’t committed crimes.

“He makes a lot of problems, especially for Hispanic people,” Castillo said.

GTR Trucking School in Detroit also has offered students ESL classes. Co-owner Al Myftiu drove a truck after moving to the U.S. from Albania in 1993. He said he wants to create a small book of phrases that truckers need to learn.

For students with a thick accent, “I tell them, ‘Slow down, speak slowly and people can understand you, and if you don’t understand something, you can ask,’” Myftiu said.

How it will work

Roadside inspections can be initiated over issues such as a faulty brake light or on a routine basis, and often take place at weigh stations.

The guidance directs inspectors who suspect a driver doesn’t understand what they’re saying to administer an English proficiency test, which includes both an interview and a highway traffic sign recognition component.

In the past, some drivers used translation apps to communicate with federal inspectors. The updated policy bars the use of interpreters, smartphones, cue cards or other aids during interviews.

Several truck drivers taking a break at Flying J Travel Center in New Jersey said they support Trump’s order, adding that drivers who heavily rely on translation programs probably wouldn’t be able to read important signs.

“We try to ask them questions about the business just to strike a conversation, … and they’re not able to communicate with us at all,” Kassem Elkhatib, one of the drivers at Flying J, said.

Fear of discrimination

It’s unclear how safety inspectors will decide whether a driver knows enough English because that portion of the instructions was redacted from the guidance distributed by Transportation Department.

The department advised motor carriers that drivers should be able to answer questions about shipping documents, the origin and destination of trips, and how long they’ve been on duty.

A trucker placed out of service and the company they work for are responsible for ensuring a language violation is corrected before the driver hits the highway again, the Transportation Department said.

Truck drivers who practice the Sikh religion already face discrimination in hiring and at loading docks, according to Mannirmal Kaur, federal policy manager for Sikh Coalition, an advocacy group. Now they are worried about inspectors making subjective, non-standardized determinations about which of them are proficient in English, she said.

“A truck driver who does speak English sufficiently to comply with federal standards but maybe they speak with an accent, or maybe they use a different vocabulary that the inspector isn’t used to hearing: Is that person then going to be subject to an English language violation?” Kaur asked. “And under the new policy, are they then going to be designated out-of-service, which could result in unemployment?”

Video journalist Mingson Lau contributed from Carneys Point Township, New Jersey.

As US cities heighten security, Iran’s history of reprisal points to murder-for-hire plots

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By ERIC TUCKER

WASHINGTON (AP) — The Department of Homeland Security is warning of a “heightened threat environment” following U.S. strikes on Iranian nuclear sites and the deputy FBI director says the bureau’s “assets are fully engaged” to prevent retaliatory violence, while local law enforcement agencies in major cities like New York say they’re on high alert.

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No credible threats to the homeland have surfaced publicly in the days since the stealth American attack. It’s also unclear what bearing a potential ceasefire announced Monday by the U.S. between Israel and Iran might have on potential threats or how lasting such an arrangement might be.

But the potential for reprisal is no idle concern given the steps Iran is accused of having taken in recent years to target political figures on U.S. soil. Iranian-backed hackers have also launched cyberattacks against U.S. targets in recent years.

The U.S. has alleged that Iran’s most common tactic over the past decade, rather than planning mass violence, has been murder-for-hire plots in which government officials recruit operatives — including reputed Russian mobsters and other non-Iranians — to kill public officials and dissidents. The plots, which Tehran has repeatedly denied engineering, have been consistently stymied and exposed by the FBI and Justice Department.

“You run into this problem that it’s not like there’s this one sleeper cell that’s connected directly to command central in Iran. There’s a lot of cut-outs and middlemen,” said Ilan Berman, a senior vice president of the Washington-based American Foreign Policy Council. “The competence erodes three layers down.”

Whether Iran intends to resort to that familiar method or has the capacity or ambition to successfully carry off a large-scale attack is unclear, but the government may feel a need to demonstrate to its people that it has not surrendered, said Jon Alterman, a Middle East expert at the Center for Strategic and International Studies.

“The capability to execute successfully is different from the capability to try,” he said. “Showing you’re not afraid to do this may be 90% part of the goal.”

Hours after the attack on Saturday evening U.S. time, FBI and DHS officials convened a call with local law enforcement to update them on the threat landscape, said Michael Masters, who participated in it as founding director of Secure Community Network, a Jewish security organization that tracks Iranian threats.

The DHS bulletin released over the weekend warned that several foreign terror organizations have called for violence against U.S. assets and personnel in the Middle East. It also warned of an increased likelihood that a “supporter of the Iranian regime is inspired to commit an act of violence in the Homeland.”

“The amount of material that we’re tracking online is at such a fever pitch at the moment,” Masters said.

A plot against President Donald Trump

The Justice Department in November disclosed that it had disrupted a plot to kill Donald Trump before the 2024 election, a reflection of the regime’s long-running outrage over a 2020 strike that killed Iranian Gen. Qassim Soleimani.

The scheme was revealed to law enforcement by an accused Iranian government asset who spent time in American prisons for robbery and who is alleged to maintain a network of criminal associates enlisted by Tehran for surveillance and murder-for-hire plots.

The man, Farhad Shakeri, told the FBI that a contact in Iran’s paramilitary Revolutionary Guard instructed him last September to set aside other work he was doing and assemble a plan within seven days to surveil and ultimately kill Trump, authorities have said.

He said the official told him if he could not put together a plan within that timeframe, then the plot would be paused until after the election because the official assumed Trump would lose and that it would be easier to kill him then, according to a criminal complaint.

Shakeri disclosed some of the details of the alleged plots in a series of recorded telephone interviews with FBI agents while in Iran, the complaint said. The stated reason for his cooperation, he told investigators, was to try to get a reduced prison sentence for an associate behind bars in the U.S. Shakeri is at large and has not been apprehended.

A plot against John Bolton

John Bolton was ousted from his position as Trump’s national security adviser months before the Soleimani strike, but he nonetheless found himself targeted in a plot that U.S. officials say was orchestrated by a member of the Revolutionary Guard and involved a $300,000 offer for an assassination.

Unbeknownst to the operative behind the plot, the man he thought he was hiring to carry out the killing was actually a confidential informant who was secretly working with the FBI.

The Justice Department filed criminal charges in August 2022 even as the operative, Shahram Poursafi, remained at large.

A plot against Masih Alinejad

Sometimes the intended target is not a U.S. government official but rather a dissident or critic of the Iranian government.

That was the case with Masih Alinejad, a prominent Iranian American journalist and activist in New York who was targeted by Iran for her online campaigns encouraging women there to record videos of themselves exposing their hair in violation of edicts requiring they cover it in public.

Two purported crime bosses in the Russian mob were convicted in March of plotting to assassinate her at her home in New York City in a murder-for-hire scheme that prosecutors said was financed by Iran’s government.

Prosecutors said Iranian intelligence officials first plotted in 2020 and 2021 to kidnap her in the U.S. and move her to Iran to silence her criticism.

When that failed, Iran offered $500,000 for Alinejad to be killed in July 2022 after efforts to harass, smear and intimidate her failed, prosecutors said.

A plot against a Saudi ambassador

Underscoring the longstanding nature of the threat, federal prosecutors in 2011 accused two suspected Iranian agents of trying to murder the Saudi ambassador to the United States.

The planned bomb attack was to be carried out while envoy Adel Al-Jubeir dined at his favorite restaurant in Washington.

And as is common in such plots, the person approached for the job was not an Iranian but rather someone who was thought to be an associate of a Mexican drug trafficking cartel who was actually an informant for the Drug Enforcement Administration.

Oil prices drop sharply, and stocks rally worldwide after announcement of Israel-Iran ceasefire

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NEW YORK (AP) — Oil prices are dropping further, and stocks are rallying worldwide Tuesday on hopes that Israel’s war with Iran will not damage the global flow of crude, even if a tentative truce seemed to fray under fire in the morning.

The S&P 500 was 0.7% higher in early trading, following up on even bigger gains for stocks across Europe and Asia, after President Donald Trump said late Monday that Israel and Iran had agreed to a “complete and total ceasefire.” The Dow Jones Industrial Average was up 289 points, or 0.7%, as of 9:31 a.m. Eastern time, and the Nasdaq composite was 0.9% higher.

The strongest action was again in the oil market, where a barrel of benchmark U.S. oil fell 4.9% to $65.12. Brent crude, the international standard, dropped 4.8% to $67.14.

The fear throughout the Israel-Iran conflict has been that it could squeeze the world’s supply of oil, which would pump up prices for gasoline and hurt the global economy. Iran is a major producer of crude, and it could also try to block the Strait of Hormuz off its coast, through which 20% of the world’s daily oil needs passes on ships.

But oil prices began falling sharply on Monday after Iran launched what appeared to be a limited retaliatory strike that did not target the production or movement of oil. They kept falling even after attacks continued past a deadline to stop hostilities early Tuesday. Trump would later said that the ceasefire was “in effect.”

Oil prices have dropped so much in the last two days that they’re below where they were before the fighting began nearly two weeks ago.

With the global oil market well supplied and the OPEC+ alliance of producing countries steadily increasing production, oil prices could be headed even lower as long as the ceasefire holds and a lasting peace solution can be found, said Carsten Fritsch, commodities analyst at Commerzbank.

Falling oil prices should take some pressure off inflation, and that in turn could give the Federal Reserve more leeway to cut interest rates.

Wall Street loves lower rates because they can give the economy a boost by making it cheaper for U.S. households and businesses to borrow money to buy a car or build a factory. But they could also give inflation more fuel. That latter threat is why the Fed has been hesitant to cut rates this year after lowering them through the end of last year.

The Fed has been saying repeatedly that it wants to wait and see how much Trump’s tariffs will hurt the economy and raise inflation before it commits to its next move.

Trump, though, has been pushing for more cuts to rates. And two of his appointees to the Fed have said in the last week that they may consider cutting rates as soon as the Fed’s next meeting next month.

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Fed Chair Jerome Powell remains more cautious. He said again in prepared testimony set to be delivered to Congress later in the morning that the Fed is “well positioned to wait to learn more about the likely course of the economy before considering any adjustments to our policy stance.”

Such mixed messages had Treasury yields swiveling up and down in the bond market, but not moving all that much ultimately. The yield on the 10-year Treasury edged up to 4.35% from 4.34% late Monday.

The two-year Treasury yield, which more closely tracks expectations for Fed action, edged up to 3.85% from 3.84%.

In stock markets abroad, indexes rallied more than 1% everywhere from France to Germany to Japan following the announcement of the Israel-Iran ceasefire. Hong Kong’s jump of 2.1% and South Korea’s leap of 3% were two of the strongest moves.