The Trump administration is asserting that the war in Iran has already concluded because of a ceasefire that commenced in early April, a legal interpretation designed to circumvent the need for congressional approval. Under this argument, the administration would not be subject to the requirement mandated by a 1973 law to obtain formal congressional authorization for military action extending beyond 60 days.
A senior administration official stated that "the hostilities that began on Saturday, Feb. 28 have terminated" for purposes of the War Powers Resolution. The official noted that the U.S. military and Iran have not exchanged fire since the two-week ceasefire that began April 7, though the ceasefire has since been extended. However, Iran continues to control the Strait of Hormuz, and the U.S. Navy maintains a blockade preventing Iranian oil tankers from reaching international waters.
Defense Secretary Pete Hegseth advanced this interpretation during Senate testimony Thursday, arguing that the ceasefire effectively paused the war and, by extension, paused the 60-day clock mandated by the War Powers Resolution. Under that law, President Donald Trump had until Friday to seek congressional authorization or cease military operations. The law permits an administration to extend the deadline by an additional 30 days.
Democrats and some Republican lawmakers have pressed the administration for formal approval. Sen. Susan Collins of Maine, a Republican who voted Thursday to end military action against Iran due to lack of congressional authorization, stated that "that deadline is not a suggestion; it is a requirement." She emphasized that any further military action against Iran must have "a clear mission, achievable goals, and a defined strategy for bringing the conflict to a close."
Legal experts have questioned the administration's interpretation. Katherine Yon Ebright, counsel at the Brennan Center's Liberty and National Security Program and a war powers expert, characterized the position as "a sizeable extension of previous legal gamesmanship" related to the 1973 law. She stated unambiguously: "Nothing in the text or design of the War Powers Resolution suggests that the 60-day clock can be paused or terminated."
Sen. Tim Kaine, a Virginia Democrat, told reporters that Hegseth "advanced a very novel argument that I've never heard before" with "certainly no legal support." Richard Goldberg, a former National Security Council official and current senior adviser at the Foundation for Defense of Democracies, has recommended the administration transition to a new operation focused on reopening the strait while reserving rights to offensive action in support of freedom of navigation.
