Thread by @julianku

@BonnieGlaser While It is true that neither the WPR nor the TRA authorize the use of force to defend Taiwan, it is doubtful that such authorization is needed to legalize any action to defend Taiwan. Presidents have long invoked Art. II of the Const to use force w/out Congress.

@BonnieGlaser This 2011 DOJ opinion by Caroline Krass on the legality of President Obama's actions against Libya (Krass is currently DOD Gen Counsel) argues that POTUS can use force (w/out Congress) to defend the "national interest" beyond just US territory. justice.gov/sites/default/…

@BonnieGlaser It is a safe bet the current Biden admin follows the 2011 Krass opinion (Biden has already used force in Syria w/out Congress). That opinion would probably allow POTUS to use force to defend Taiwan for at least 90 days under the War Powers Resolution.

@BonnieGlaser While Biden could use US forces to defend Taiwan w/out Congress, it is less clear he could legally attack the Chinese mainland e.g. land-based missiles or airbases? Under the 2011 Krass opinion, that kind of extensive commitment of force probably requires Congress.

@BonnieGlaser The TW Invasion Prevention Act wd authorize "necessary and appropriate force" that the P "determines" needed to "secure and protect Taiwan". This means attacking the Chinese mainland wd be authorized (e.g. full-scale war with China). This makes me nervous. congress.gov/bill/116th-con…

@BonnieGlaser Sure, the TW Invasion Prevention Act would send a clear signal to China that Congress will support military force to defend TW w/ military force. But the last time the US Congress gave the Pres a blank check to use force was in 2002 for Iraq, and that shd make us all nervous.

@BonnieGlaser In any event, I don't think we are quite ready to authorize Biden (or any future President!) to launch offensive wars against China, even on behalf of Taiwan. If an attack comes, Congress will have time to act. (See Quemoy/Matsu, 1955. politico.com/story/2011/01/…)