The Lawfare Podcast Lawfare Archive: War Powers and the Latest U.S. Intervention in Yemen with Brian Finucane, Jack Goldsmith, and Matt Gluck
Mar 30, 2025
Brian Finucane, a Senior Adviser at the Crisis Group; Jack Goldsmith, a Harvard Law professor and national security law expert; and Matt Gluck, Lawfare Research Fellow, dive into the escalating U.S. military operations in Yemen against the Houthi rebels. They analyze the Biden administration's legal justifications under the War Powers Resolution and the complexities of congressional oversight. The conversation highlights the evolving interpretations of military authority, the role of unmanned vehicles, and how the administration's actions may redefine U.S. engagement in conflict.
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Ambiguity of "Hostilities"
- The term "hostilities" is undefined in the War Powers Resolution, causing ambiguity.
- This ambiguity creates room for executive branch interpretations, seen in past incidents like Lebanon and Libya.
Executive Branch vs. War Powers Resolution
- The executive branch often views the War Powers Resolution as a problem to be circumvented.
- They use constitutional arguments and statutory loopholes to avoid the 60-day clock.
Prior Clashes in the Red Sea
- Prior to the January airstrikes, there were several clashes in the Red Sea, including missile exchanges and a December 31st incident.
- The USS Kearney shot down projectiles, a US drone was downed, and US vessels returned fire on Houthi boats, raising questions about "hostilities."