Utah Sen. Mike Lee says 'We might have to invoke the War Powers Act' after Biden authorizes deployment of reservists to Europe

President Joe Biden authorized the deployment of thousands of reservists to Europe Thursday, adding to an American troop presence on the continent already totaling over 100,000.

Army Lt. Gen. Douglas Sims, the director of operations for the Joint Staff, told reporters, "This reaffirms the unwavering support and commitment to the defense of NATO's eastern flank in the wake of Russia's illegal and unprovoked war on Ukraine," reported Politico.

Critics have suggested that the move, following the recent shipment of cluster bombs to Ukraine, takes the U.S. closer to a direct shooting war with Russia, with some claiming, "America Last strikes again!"

Republican Sen. Mike Lee of Utah suggested that Congress consider invoking the War Powers Act and other measures to prevent Biden from "locking us into supporting Ukraine."

The order

Biden issued an executive order Thursday, just after recommitting to NATO at the alliance's summit in Vilnius, Lithuania, stating, "It is necessary to augment the active Armed Forces of the United States for the effective conduct of Operation Atlantic Resolve in and around the United States European Command's area of responsibility."

Accordingly, he authorized the Pentagon and the Department of Homeland Security, with respect to the Coast Guard, to "order to active duty any units, and any individual members not assigned to a unit organized to serve as a unit of the Selected Reserve, or any member in the Individual Ready Reserve mobilization category and designated as essential."

The number of troops called up is "not to exceed 3,000 total members at any one time, of whom not more than 450 may be members of the Individual Ready Reserve," which consists of former active-duty or reserve military personnel.

Politico indicated that the president's order is novel in that it designates Operation Atlantic Resolve a contingency operation for the first time, meaning the Pentagon can "call up reserve forces and implement sped-up acquisition authorities to supply those troops with equipment."

With this designation, reservists will also be paid and supported as active-duty troops.

"This new designation benefits troops and families with increases in authorities, entitlements, and access to the reserve component forces and personnel," clarified Sims.

Atlantic Resolve, an operation headquartered in Poznan, Poland, kicked off in 2014 under then-President Barack Obama in response to Russia's annexation of the Crimean Peninsula. Its purpose is to buttress NATO nations' defenses against further Russian aggression.

The Pentagon indicated last summer, "Since February 2022, DoD deployed or extended over 20,000 additional forces to Europe in response to the Ukraine crisis, adding additional air, land, maritime, cyber, and space capabilities, bringing our current total to more than 100,000 service members across Europe."

"This included extending a Carrier Strike Group, deploying additional fighter squadrons and lift/tanker aircraft, and deploying an Amphibious Readiness Group and Marine Expeditionary Force. DoD added a Corps Headquarters, Division Headquarters, Infantry Brigade Combat Team (IBCT), Armored Brigade Combat Team (ABCT), High Mobility Artillery Rocket System (HIMARS) battalion, and multiple enablers to the existing Corps Forward Command Post, Division Headquarters, and three BCTs already stationed in or deployed to Europe," said the Defense Department.

The response

Richard Grenell, the former acting director of national intelligence under Trump, noted, "Eight of the 31 NATO countries currently pay their obligations. Germany and Canada are two of the wealthier nations NOT paying the agreed upon percentage. Joe Biden failed to press NATO this week - but then called up American reserves to active duty."

In another tweet, Grenell, who was previously ambassador to Germany, noted that there "was no peace plan presented" at the NATO summit, "just more WAR for American men and women."

Joe Kent, a Washington state Republican running for Congress in 2024, tweeted, "Defending America is Biden's last priority."

Sean Davis, CEO of the Federalist, tweeted, "Nothing to see here. Just Biden calling up the reserves in preparation for World War 3 against Russia over a tinpot puppet kleptocrat in Eastern Europe."

William Wolfe, a former senior Trump administration official, wrote, "Biden authorizing the call for reserve troops up to active duty for operations in Europe? Does this mean Ukraine? Not good."

Turning Point USA CEO Charlie Kirk wrote, "Joe Biden is calling up reservists for active duty in Operation Atlantic Resolve, because apparently it can’t fill the ranks of its rainbow flag military as recruitment plummets. This is not to fortify our border, which remains wide open, but to increase our deployments near Ukraine. America Last strikes again!"

Restraining Biden's ambitions

Sen. Lee claimed Thursday that "President Biden is arguably walking the U.S. up to the line of war and daring Russia to shoot first."

"Since conflict with Russia and Ukraine came to blows in 2014, rotational deployments under Atlantic Resolve have been considered a backbone of deterring Russia from crossing NATO's Eastern flank," wrote Lee. "The active-duty activation and deployment of these additional forces is a dangerous provocation, knowing full well NATO's Eastern Flank is adjacent to active hostilities."

Late last year, a Ukrainian missile strayed into Poland, but was misidentified in the press as a Russian missile. Such spillover from the fighting between Ukrainians and the Russian invaders could easily and swiftly bring America directly into the conflict.

"President Biden did the same thing at the beginning of the war in Ukraine in 2022, massively increasing our active-duty force presence when we knew hostilities were imminent. But now it’s even more risky because hostilities are active," continued Lee. "Not only does this run the risk of further locking us into supporting Ukraine, now the military-industrial complex will say the US military presence is THE one thing preventing Russia from crossing NATO’s eastern border & that we have to maintain such presence indefinitely."

According to Lee, this may amount to a "long-term security guarantee. Another endless war but this time by proxy."

The Utah senator said that "this makes me really uneasy," adding that "we might have to invoke the War Powers Act."

The War Powers Act states that, unless Congress has declared war, the U.S. military and members thereof cannot be "introduced in hostilities or in situations where imminent involvement in hostilities is clearly indicated by the circumstances" unless:

• they are repelling an armed attack on the U.S., its territories and possessions;
• they are taking "necessary and appropriate retaliatory actions in the event of such an attack";
• they are forestalling the direct imminent threat of such an attack;
• they are providing protection for evacuation of American citizens; or
• they have "specific statutory authorization," such as the 2001 "Authorization for Use of Military Force."

Lee acknowledged that a resolution passed under the War Powers Act could be vetoed by the president. To override such a veto would require a two-thirds vote from both houses of Congress, meaning it would have to be a bipartisan effort.

The Utah senator was part of a bipartisan legislative effort in 2021 to reclaim for Congress "its rightful role as co-equal branch on matters of war and national security."

Sen. Chris Murphy (D-Conn.) said at the time that Congress had "acquiesced to the growing, often unchecked power of the executive to determine the outline of America's footpring in the world."

Should a War Powers resolution such as that proposed by Lee fail, the senator indicated Congress would still have the "option of defunding, but that's tricky too because spending legislation is also subject to presidential veto."

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