Do President Trump’s Media Posts Serve As A Valid ‘Notification’ To Congress?

On Sunday, President Donald Trump took to Twitter to proclaim that his tweets would now count as official notification to the United States Congress about any U.S. military plans, including attacks against Iran.

From his account, @realDonaldTrump, the President tweeted: "These Media Posts will serve as notification to the United States Congress that should Iran strike any U.S. person or target, the United States will quickly & fully strike back, & perhaps in a disproportionate manner. Such legal notice is not required, but is given nevertheless!"

However, critics of the President disagreed that Twitter is a valid form of such communications.

The House Foreign Affairs Committee responded with its own tweet, which called for the President to read the 1973 War Powers Act (50 U.S.C. 1541–1548) – which was intended to serve as check on the White House's power to send the military into an armed conflict. The tweet read, "This Media Post will serve as a reminder that war powers reside in the Congress under the United States Constitution. And that you should read the War Powers Act. And that you're not a dictator."

There is the issue of whether a tweet – or any such post on social media – actually constitutes official notification.

"A tweet cannot constitute official notification to Congress," suggested Dr. Oona A. Hathaway, Gerard C. and Bernice Latrobe Smith professor of international law at the Yale Law School.

"The president is required to consult with Congress and seek its consent to any future military operations whenever feasible," Hathaway added. "And if he introduces U.S. armed forces into hostilities, he must formally notify Congress within 48 hours. A tweet won't do."

Hathaway's comments were echoed by Dr. Bruce Ackerman, Sterling professor of law and political science at Yale University, who explained, "The Foreign Affairs Committee is absolutely right. The President should read the statute."

"The War Powers Resolution generally requires the President to submit a written report to the Speaker of the House and President pro tempore of the Senate within 48 hours when Armed Forces are used without a formal declaration of war," said Robert Foehl, executive in residence for the business law and ethics department at the Ohio University Online Master of Business Administration program. "That written report must set forth the circumstances that require the use of the Armed Forces, the scope and duration of the Armed Forces involvement, and the legal authority for the Armed Forces involvement. The President must provide status reports at least every six months as well.

In addition, Ackerman noted that Section 3 of the Act requires the President's report to respond to the following issues: (A) the circumstances necessitating the introduction of United States Armed Forces; (B) the constitutional and legislative authority under which such introduction took place; and (C) the estimated scope and duration of the hostilities or involvement.

"This is hardly something that can be accomplished in a Tweet or two, but requires sustained thought and high seriousness," explained Ackerman.

It is also important to note that the President of the United States is not legally mandated to consult with Congress before engaging in military action when it is deemed an emergency. However, only Congress has the constitutional authority to declare war.

At this point President Trump's tweet only mentioned that the United States would respond if attacked, so it didn't actually commit any forces. However, previous Presidents have typically consulted with the group of congressional leaders that are commonly known as the Gang of 8 on issues of national security.

Saber Rattling Via Twitter

All of this comes following another series of weekend tweets by the President that were aimed at the Iranian government. Those warned Tehran against any form of reprisal for last Friday's drone strike that killed Quds Force commander Qassem Soleimani outside the Baghdad airport. Iran had vowed revenge for the death of Soleimani, and while it is unlikely that Iran would strike the United States directly there are concerns it could attack oil fields, kidnap or kill Americans in the Middle East or even launch a cyberwar.

President Trump, who has used Twitter as a broadcast tool for years as a businessman and TV celebrity, has continued to use his personal account during his time in the White House. As President he has been very direct with the social media platform, and this included very strong words to the Iranian government.

In one tweet, the President warned, "The United States just spent Two Trillion Dollars on Military Equipment. We are the biggest and by far the BEST in the World! If Iran attacks an American Base, or any American, we will be sending some of that brand new beautiful equipment their way...and without hesitation!"

In another tweet, the President offered this bold statement, "Let this serve as a WARNING that if Iran strikes any Americans, or American assets, we have targeted 52 Iranian sites (representing the 52 American hostages taken by Iran many years ago), some at a very high level & important to Iran & the Iranian culture, and those targets, and Iran itself, WILL BE HIT VERY FAST AND VERY HARD. The USA wants no more threats!"

While Iran is certainly less active on Twitter, the President's use of social media is just the latest example of a world leader embracing new technology. Just before the outbreak of the First World War, German Kaiser Wilhem II and Russian Czar Nicholas II communicated in a series of 10 telegram messages that began with a plea from the Czar to stop the escalation that lead to the war. The tone of the correspondence even changed as each side inched closer to war.

In many ways, Twitter is just an evolution of the telegram – a new technology, where the repercussions of its use couldn't be fully comprehended.

"In passing the War Powers Resolution in 1973, Congress couldn't have anticipated the advent of social media," said Foehl. "Regardless, I think it is pretty safe to assume that the reporting requirement contemplated by the Resolution is a more formal written report, rather than a publicly-available, general, social media post(s) made by the President."