Senate to Vote on Yemen War Powers as House Vote Becomes More Unlikely

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As a bipartisan coalition of senators prepared to advance a resolution to end the United States’ role in the Yemeni civil war on Wednesday afternoon, Republicans in the House passed a rule to effectively end a similar measure’s chances in that chamber.

House Republican leaders inserted a provision to the rule outlining conditions for debate on the farm bill late Tuesday night that would prevent members such as California Democrat Ro Khanna, sponsor of a Yemen war powers resolution, from forcing a floor vote on the matter during the remainder of the 115th Congress. The House approved the rule Wednesday 206-203, with five Democrats supporting it and 18 Republicans dissenting.

“It’s kind of a chicken move, but you know, sadly it’s kind of a characteristic move on the way out the door,” Virginia Democrat Tim Kaine told reporters of the House rule on Wednesday. “[Ryan is] trying to play Saudi Arabia’s defense lawyer, and that’s stupid.”

Supporters of the Senate resolution had already acknowledged that the issue would have to spill into next year given House Speaker Paul Ryan’s opposition. Ryan contends the action is unnecessary, as the Defense Department ended air-to-air refueling support for Saudi coalition aircraft last month. “We are not involved in ‘hostilities’ in Yemen so the War Powers Act does not apply,” Ryan spokeswoman AshLee Strong said.

Since 2015, the United States has provided other support for the Saudis, such as expertise and intelligence-sharing for bombing operations in the bloody stalemate against the Houthis, who are occupying parts of Yemen. The White House argues these activities do not constitute participating in the hostilities, and Trump has said he would veto the Sanders-Lee resolution if Congress passes it.

Asked whether he had spoken to Democratic leaders in the House about pursuing the matter when Republicans relinquish the gavel in January, Kaine said he expects Democrats will continue to push to address the Yemen conflict and to punish Saudi Arabia for the orchestrated murder of journalist Jamal Khashoggi in October.

“We’re going to stand up against [Khashoggi’s killing], and if Paul Ryan thinks on his way out the door his last public service gift to humanity is covering up for Saudi Arabia, great,” said Kaine. “He can make that his legacy, but we’re going to be around next year and we’ll figure out ways that there can be consequences for this.”

Connecticut Democrat Chris Murphy, a co-sponsor of the Senate bill, also said a willingness to move the resolution next year exists in the House, but he noted it would be more challenging to pass in the Senate come January, as the Republican majority will grow to 53 members from the current 51. Still, Murphy expressed optimism — because of its privileged status, the bill requires only 51 votes to pass, and Republicans Mike Lee and Rand Paul have long been staunch supporters.

“I expect that we’ll start this process again at the beginning of next year to try to get it to the president’s desk,” said Murphy.

The Senate voted 63-37 to allow a debate on the resolution in November. It had previously failed on the same procedural vote in March, 55-44. The 10 Democrats who initially opposed the resolution all voted in favor of it last month, along with 14 Republicans.

The surge in support was partly due to backlash over President Donald Trump’s tepid response to the Khashoggi killing. Trump has split with the intelligence community’s assessment that Saudi leader Mohammed bin Salman (MBS) was responsible for the operation and has stood firmly beside the crown prince, provoking criticism from senators of both parties.

Yet several Republicans who voted in November to debate the measure may ultimately vote against it, such as Foreign Relations Committee chairman Bob Corker. Corker on Wednesday said he was set to introduce his own bill to punish Saudi leaders, adding to a growing pile of legislative options such as implementing new sanctions, formally assigning responsibility to MBS for the killing, and ending arms sales to Saudi Arabia.

Supporters of the Yemen war powers resolution argue it should be viewed as a strong signal to Saudi leaders on its own, however. And despite the House’s action to prevent a vote on the resolution before January, the Senate’s decision on Wednesday will mark a pivotal moment — it may be the first time Congress votes to invoke the War Powers Act, which allows Congress to order the withdrawal of U.S. forces within 90 days of passage.

“What we’re talking about is truly an historic moment in the Senate,” Bernie Sanders, another leading co-sponsor of the measure, told reporters. “45 years ago, the War Powers Act was passed. I think we stand a chance today for the first time to use that War Powers Act to stop a war.”

If the next step, a vote on the motion to proceed, passes, the Senate is likely to agree to limit amendments to those that are germane to the underlying resolution. Murphy indicated a final vote could occur as soon as Wednesday evening.

“Once the motion to proceed passes, you can’t stop this. So it’s on the floor and you’re either amending it, or you’re voting on final passage,” Murphy said. “It’s likely that this will get finished by the end of today.”

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