Repealing the Authorizations for Use of Military Force Against Iraq--

Floor Speech

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Mr. CRUZ. Mr. President, I call up my amendment No. 9, and I ask that it be reported by number.

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Mr. CRUZ. Mr. President, there is no responsibility we have as Members of Congress more serious than protecting the men and women who defend this Nation. We are facing a national security crisis due to Joe Biden and his administration, which have repeatedly been unwilling to act against repeated hostilities from the nation of Iran. They have looked repeatedly for excuses to justify that inaction.

Now, I want to be clear. I am not where some Members of this body are who want to maintain this authorization for use of military force. I want to vote to repeal this authorization for use of military force. The Iraq war was a long time ago, and I believe the Iraq war was a mistake at the time it was fought. I would be enthusiastic about Congress reasserting its war-making and war-declaring power by repealing the AUMF.

But, at the same time, I don't want the repeal of the AUMF to be used as an excuse by the Biden administration to roll over and do nothing if and when Iran attacks and murders American soldiers, sailors, airmen, and marines in the Middle East. And this is not hypothetical.

Just last week, General Milley, the Chairman of the Joint Chiefs of Staff, testified before the House that from January 2021 until last week, there were 78 attacks against American forces in the Middle East by Iranian-linked fighters--78. The Biden administration responded 3 times; 75 of them went unresponded. Tragically, but predictably, appeasement doesn't work.

On Thursday morning, the CENTCOM Commander was testifying in front of the House. Here on the floor of the Senate, we were debating this very issue of the AUMF and Iranian aggression. We now know that, at 6:30 in the morning eastern time on Thursday, Iran attacked U.S. forces, murdered a U.S. citizen--a U.S. contractor--and wounded six other Americans. That happened at 6:30 in the morning eastern time on Thursday.

The Presiding Officer didn't know that on Thursday. I didn't know that on Thursday. None of us knew that on Thursday. Why? Because the Biden administration kept it a secret for 12 hours because they didn't want to tell the Senate, while we were debating this issue, that an American had just been murdered by Iran. That is disgraceful. The Presiding Officer should be angry about it; I should be angry about it.

My amendment is very simple. My amendment restates that under article II of the Constitution, the President has the authority to defend U.S. troops and to respond to Iranian aggression.

The opponent of this bill, my friend Senator Kaine, will speak shortly. What he said to the Senate Foreign Relations Committee was that the amendment is unnecessary; that article II already does that. Well, good. If it is unnecessary, then the Democrats ought to support my amendment and add it. Because I will tell you what it will get: If we add this amendment, I will vote yes on the AUMF repeal. If we don't add this amendment, I am a no.

Here is why: I don't want to give an excuse for the Biden administration, the next time Iran attacks, to do nothing. If it is unnecessary legally, it ought to be an easy give to say, ``Let's add it, to be clear, that if you attack U.S. forces, the President has the authority to respond,'' because I don't want the Biden administration using the repeal of the AUMF as an excuse for their weakness or as an excuse for their appeasement.

There are some in the political world who are in favor of unending wars. I am not one of them, but I am in favor of the United States defending our soldiers and sailors and airmen and marines.

Let me say this: I don't know if the amendment is going to get the votes or not to pass. I think we will get most of the Republicans, and I don't know if any Democrats will vote for it or not. But if this amendment is defeated and the Congress goes on to repeal the AUMF and Iran takes that as encouragement that the Biden administration will not retaliate, I believe the consequences will be lives lost. I believe we will be back on this floor with American soldiers and sailors and airmen and marines having lost their lives due to Iranian aggression because the Ayatollah believed the Biden administration would not respond. The Presiding Officer doesn't want to see that. I don't want to see that. I believe no Member of this body wants to see that.

If it is legally redundant, all the better to say: Let's send a message to the Ayatollah that if you attack American forces, the President--the Commander in Chief--has the authority to respond and defend American forces.

That is the No. 1 responsibility of every Member of this body.

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Mr. CRUZ. Mr. President, I respect my friend from Virginia, but he is mistaken. This amendment is not a new authorization for military force. It restates current law. The language in the finding is, word for word, the finding that President Trump put in place when he authorized the strike that took out General Soleimani.

After that strike against General Soleimani, I introduced an amendment on this floor to commend President Trump and the Armed Forces for taking out General Soleimani; and we voted on this, commending President Trump and our Armed Forces for taking out Soleimani. This is not breaking new ground. This is reiterating the proposition that the Commander in Chief has the authority to defend U.S. Armed Forces.

To my friend from Virginia, I would note, by the way, earlier last week, we voted on Senator Graham's amendment that would have been a new authorization for use of military force. Many Senators voted against it. This is a much narrower amendment. This says if Iran attacks U.S. troops, the Commander in Chief can defend those troops. That is current law, but it is important for Iran to hear. It is important for our troops to hear. It is important for the Biden administration to hear.

Nowhere in my friend from Virginia's remarks did he dispute that Iran has attacked the United States 78 times in the last 2\1/2\ years and that the Biden administration has responded only three times. We owe our soldiers, sailors, airmen, and marines to have their backs.

I urge support of this amendment. Vote on Amendment No. 9
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