WASHINGTON — The Trump administration is facing a wave of legal scrutiny after claiming that a standing ceasefire with Iran has effectively "reset" the 60-day clock mandated by the War Powers Resolution.
The move is seen as a strategic maneuver to maintain military operations without requiring an immediate—and potentially contentious—vote for authorization from a divided Congress.
The Argument for a "Paused" Clock
Defense Secretary Pete Hegseth told senators on Thursday that because active exchanges of fire ceased on April 7, the administration believes the statutory deadline for congressional approval is no longer ticking.
"We are in a ceasefire right now, which our understanding means the 60-day clock pauses or stops," Hegseth testified.
A senior administration official reinforced this by stating that, for the purposes of the 1973 law, hostilities have "terminated". This allows the White House to maintain a high force posture in the region while avoiding the risk of a legislative "no" vote that could force a withdrawal.
Legal Opposition and the Blockade Conflict
Constitutional experts are sharply divided on this theory, with many arguing it lacks a basis in federal law.
The "Calendar Day" Rule: Critics point out that the War Powers Resolution specifically references "calendar days" and contains no language regarding pauses for truces.
The Ongoing Blockade: Scholars like John Bellinger argue that the continuing naval blockade in the Strait of Hormuz—which involves boarding and seizing ships—is fundamentally an act of war.
Sustained Hostilities: Legal experts contend that as long as U.S. Marines and sailors are enforcing a blockade and facing potential danger, the state of "hostilities" has not truly ended.
Why Bypass Congress?
The administration’s reliance on the "clock stop" theory highlights the difficulty of gaining a formal congressional nod for the conflict.
While many Republicans support the administration's goals, Democratic-led efforts to limit executive power have created a stalemate.
By claiming the clock is paused, the White House avoids a floor vote that lawmakers may not be ready to take, given the political risks of cutting off funding or managing intelligence they do not fully oversee.
Historically, presidents from both parties have used similar "creative" legal interpretations to maintain military flexibility, and with Congress often hesitant to force a withdrawal, the administration’s "reset" theory may become the new status quo for the Iran conflict.
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