Legal Experts Challenge "Clock Stop" Theory as Trump Bypasses War Powers Deadline
WASHINGTON — Legal scholars and constitutional experts are increasingly divided over the Trump administration's claim that a ceasefire with Iran effectively "stops the clock" on the War Powers Resolution.
While the administration argues that the 60-day deadline to seek congressional approval has been reset, critics warn that the ongoing naval blockade in the Strait of Hormuz constitutes a continuous state of war.
The "Reset" Argument
The White House formally notified Congress on Friday that it considers hostilities to have "terminated" following a ceasefire that has held since April 7. Defense Secretary Pete Hegseth testified that the lack of active fire between U.S. and Iranian forces pauses the statutory countdown.
"Our understanding means the 60-day clock pauses or stops in a ceasefire," Hegseth told senators.
Why Experts Are Skeptical
Despite the administration's stance, several high-profile legal experts argue that the President cannot unilaterally pause a calendar deadline set by law.
Statutory Language: Experts like Stephen Pomper of the International Crisis Group point out that the War Powers Resolution is based on "calendar days" and contains no language allowing for a pause during a truce.
The Blockade Factor: John Bellinger, former legal adviser to the State Department, argues that the continued enforcement of a naval blockade—which involves boarding and seizing vessels—means U.S. forces are still engaged in military operations.
Definition of Hostilities: Critics contend that while the bombing has stopped, the "economic warfare" of the blockade is an act of war that prevents the clock from resetting.
A Pattern of Executive Overreach
Analysts note that this "creative" interpretation follows a long history of presidents from both parties attempting to bypass the 1973 Act.
From the Clinton administration's arguments regarding Kosovo to the Obama administration’s stance on Libya, the executive branch has frequently sought to define "hostilities" in ways that avoid a mandatory congressional vote.
As the 60-day window officially closes, the debate moves from the battlefield to the halls of Congress, where lawmakers must decide whether to challenge the administration's theory or allow the "reset" to stand unchallenged.
