Senator Kaine Letter

Mr. Joziah Thayer
916 Main St
Lynchburg, VA  24504

Dear Mr. Thayer:

Thank you for contacting me about Yemen. I appreciate hearing from you.

Since the collapse of Yemen’s government in 2015, Houthi rebel forces loyal to President Abdel Mansour Hadi have been engaged in a bitter struggle for control of the country. After Houthi rebels, with the support of the army, took the capital Sanaa, Saudi Arabia initiated a military campaign to restore the internationally recognized Hadi government. The United States has provided support to the Saudi-led coalition and in defense of Saudi Arabia’s border since 2015. The continued escalation of armed conflict in Yemen has taken the lives of over 10,000 civilians and produced a devastating humanitarian crisis. The security vacuum has allowed Al-Qaeda in the Arabian Peninsula (AQAP), a terrorist group that has attempted several attacks on the U.S., to expand its presence in Yemen and also created an opening for Iran to expand its destructive behavior in the region.

The U.S. is supporting Gulf Cooperation Council-led military operations against the Houthis by providing logistical and intelligence assistance and has also conducted missions targeting AQAP. I believe that the priority must be on ending the conflict in Yemen through a peace process and addressing the dire humanitarian situation. That is why, in 2017, I voted to block the sale of certain arms to Saudi Arabia that have helped exacerbate this conflict. I am troubled by the deepening U.S. military involvement in the conflict, in particular because of the lack of a specific authorization by Congress for military action in Yemen. The Trump Administration has used an Authorization for Use of Military Force (AUMF) passed by Congress in response to the September 11th, 2001, terrorist attacks as the legal authority to conduct direct military operations in Yemen against AQAP; however, there is no AUMF authorizing force against Houthi rebels.

On February 28th, 2018, Senator Bernie Sanders introduced Senate Joint Resolution 54, which directs the President to remove United States Armed Forces from hostilities in Yemen that have not been authorized by Congress. The U.S. military would be required to cease operations in Yemen 30 days after the adoption of the resolution unless a specific authorization for the use of United States troops in Yemen has been enacted by Congress. Military units engaged in operations directed at Al-Qaeda or its associated forces would be authorized to continue operations. I supported S.J. Res. 54 when it came before the Senate, but the resolution failed.

I have long advocated that Congress reassert its role in authorizing military action to demonstrate to servicemembers and the American public that we stand behind the military’s mission. In April 2018, Senator Bob Corker and I introduced a bipartisan AUMF to encourage Congress to debate and vote on the use of military force against ISIS, Al-Qaeda, and the Taliban. With thousands of troops serving far from home and across the globe in the battle against these groups, it is unacceptable that Congress has allowed Presidents to wage war anywhere against virtually anyone based on war authorizations passed immediately after the 9/11 attack.

The National Defense Authorization Act of 2019 (NDAA) includes several provisions that restrict U.S. military operations in Yemen. The NDAA directs the Secretary of Defense to conduct a review to determine whether the U.S. military or its partners violated U.S. law, the laws of armed conflict, or Department of Defense policy while conducting operations in Yemen. The NDAA also prohibits the U.S. from refueling aircraft from the Saudi-led coalition conducting operations in Yemen unless the Secretary of State certifies that the coalition is taking steps to end the civil war and alleviate the humanitarian crisis in Yemen. The U.S. can continue to refuel coalition aircraft involved in operations against ISIS and Al-Qaeda. I supported the NDAA, which President Trump signed into law on August 13th, 2018. After the President made troubling statements that questioned the constitutionality of the NDAA provisions on Yemen, I joined a letter to Secretary Pompeo encouraging full Administration compliance with the certification requirements.

The Trump Administration has failed to lay out a clear policy to resolve this conflict, and, while I have joined with other Members in seeking a comprehensive strategy from the Administration, the response we have received to date has been inadequate to address our concerns, especially regarding expanded U.S. involvement in military operations in Yemen. The United States and the international community should be focused on addressing the humanitarian disaster in Yemen and working towards a diplomatic solution instead of contributing to further military escalation through arms sales and risking their use in carrying out attacks in civilian areas.

As a member of the Senate Foreign Relations Committee, I will continue to monitor developments in Yemen and support efforts that advance our core interests and values. Thank you again for contacting me.

Sincerely,

Signature

Tim Kaine