US expert calls Trump’s letter on ending war with Iran a 'farce'
Dmitry Kirsanov (TASS)
Former judge Andrew Napolitano says President Donald Trump’s notification to Congress that the war with Iran is over is a legal loophole attempt based on a misinterpretation of the War Powers Act. He argues the 60-day deadline has expired, requiring troop withdrawal, and that Congress cannot rely on courts due to the political question doctrine.
WASHINGTON, May 2, 2025 – According to TASS correspondent Dmitry Kirsanov, U.S. analyst and blogger Andrew Napolitano has described President Donald Trump’s notification to Congress about ending the war with Iran as a legal 'farce.'
Speaking to TASS, the former New Jersey Superior Court judge said the White House letter sent to House and Senate leaders on May 1 relies on the theory that a ceasefire can reset the 60-day deadline within which the executive branch may use military force abroad without congressional approval. However, Napolitano asserted this is based on a misreading of the law.
According to Napolitano, the law sets the 60-day period from the moment of 'introduction' of troops. 'That is the word used in the statute, 'introduction,' designed to prevent exactly the kind of reset that President Trump and Secretary of War Pete Hegseth have concocted,' he said. He noted that the 60-day limit for the U.S. military campaign against Iran without congressional authorization expired on May 1.
The expert analyzed: 'Congress doesn't have to do anything. By inaction, under the statute, Congress is denying authorization. So, theoretically, today, under the law, he must begin to withdraw troops. He does not do that because he does not respect the law and he does not respect the Constitution.'
Napolitano also argued that the U.S. legislative branch cannot turn to the judiciary to resolve the situation. 'If Congress sues the president, or a single member like Rand Paul or Thomas Massie sues the president, the courts will refuse to hear the case,' he said. He explained this falls under the 'political question' doctrine in U.S. constitutional law, where courts only resolve legal disputes, not political ones.
He cited the recent example of President Jimmy Carter, when Senator Barry Goldwater filed a lawsuit in 1979 to prevent the U.S. from returning the Panama Canal to Panama. 'The Supreme Court took the case, but declared it a political question, meaning it was for the other two branches to decide,' he said.
On May 1, the U.S. president formally notified Congress that the White House considers the war with Iran over, citing a ceasefire that took effect on April 7 and was later extended. However, this move appears primarily aimed at complying with the national law governing the use of U.S. forces in foreign conflicts. Under the 1973 War Powers Act, the executive branch cannot deploy U.S. forces abroad for more than 60 days without legislative approval. May 1 marked the 60th day of the war with Iran, and the White House did not seek congressional authorization to continue involvement. Under the U.S. Constitution, the power to declare war rests with Congress, not the president.
