National SecurityConstitutional LawLegislative Process
February 28, 2026Only eight lawmakers knew about Iran strikes while Congress received no legal briefing
Rubio briefed party leaders but gave no legal justification before bombs fell
Trump launched Operation Epic Fury at 2:30 a.m. ET on Feb. 28, 2026, without a formal congressional vote. Article I of the Constitution gives Congress, not the president, the power to declare war. The last formal congressional declaration of war was in 1942.
The is the shorthand for eight senior congressional leaders: the House Speaker, minority leader, Senate majority leader, minority leader, and the chairs and ranking members of the House and Senate Intelligence Committees. They are the only members regularly briefed on covert operations and sensitive national security matters.
Secretary of State Marco Rubio delivered a one-hour classified briefing to Gang of Eight members on Feb. 25, 2026 — three days before the strikes. Multiple sources familiar with the meeting told CNN that those leaders were not given the legal justification for the military action.
Sen. Mark Warner of Virginia, the ranking Democrat on the Senate Intelligence Committee and a Gang of Eight member, learned about the strikes from Rubio the night before they began. Warner said in a statement that Trump should have demanded the highest level of scrutiny, deliberation and accountability before putting American lives at risk.
Rep. Stephen Lynch of Massachusetts, a senior Democrat on the House Oversight military subcommittee, told GBH News he received radio silence from the administration until 3 a.m. Lynch said he was not briefed despite typically receiving advance notice of significant military actions.
Senate Minority Leader Chuck Schumer wrote in a statement that the administration had not provided Congress and the American people with critical details about the scope and immediacy of the threat. He called for an immediate all-senators classified briefing and public testimony from administration officials.
Rep. Thomas Massie and Sen. Rand Paul, both Kentucky Republicans, said the strikes were unconstitutional. Massie called them acts of war unauthorized by Congress and announced he would work with Rep. Ro Khanna to force a House vote on a resolution. The House was scheduled to vote the following week.
Rep. Warren Davidson, a Republican and former Army Ranger from Ohio, said he had asked for a classified briefing defining the mission in Iran. Davidson said that in the absence of new information, he would support the War Powers resolution — becoming only the second Republican in the House to do so.
The War Powers Resolution of 1973 requires the president to notify Congress within 48 hours of committing US forces to hostilities and limits any unauthorized military engagement to 60 days. Presidents of both parties have argued the law is an unconstitutional infringement on the commander-in-chief authority.
Timeline
The 2026 US-Israel-Iran War
Feb 28, 2026
Policy ChangeMajor
Only eight lawmakers were briefed before the Iran strikes; Congress received no legal rationale
The White House provided advance briefing only to seven of the eight Gang of Eight congressional leaders before Operation Epic Fury began; the eighth could not be reached. No other members of Congress received notification before strikes started, and no legal authorization or War Powers Resolution briefing was provided to Armed Services or Foreign Affairs committees. Rank-and-file lawmakers from both parties said they learned of the war from news coverage.
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