By Louis Fisher

October 24, 2018 "Information Clearing House" - Members of Congress have been actively debating whether and how to limit U.S. military assistance to Saudi Arabia in its war against Houthi forces in Yemen. American involvement in that region is reflected in a report by President Obama to Congress on October 14, 2016, stating that the Houthis had attacked US ships operating in international waters earlier that month. In self-defense, the United States responded with strikes against three radar facilities in Houthi-controlled territory. However, other US activities in Yemen are not defensive. They provide assistance to the Saudis, continuing into the Trump administration. There have been two major concerns. One is the President’s authority to engage in such actions without receiving specific support from Congress. The second is the number of innocent civilians who have perished in these military operations or have suffered gravely.

In a letter of February 27, 2018, William S. Castle, Acting General Counsel of the Defense Department, offered several objections to legislation that would direct the President to remove US armed forces "from hostilities in or affecting the Republic of Yemen," except US forces "engaged in operations directed at al Qaeda in the Arabian Peninsula or associated forces." In his judgment, US participation in these actions "does not constitute ‘hostilities.’" US military and intelligence support to Saudi Arabia "does not involve any introduction of US forces into hostilities." Instead, according to Castle, the United States limits its assistance to air-to-air refueling, certain intelligence support, and military advice.

He further noted that US support to the Saudi operations is guided by the view of the executive branch that "hostilities" refer to "a situation in which units of US armed forces are actively engaged in "exchanges of fire with opposing units of hostile forces." US personnel, he said, "are not engaged in any such exchanges of fire." No US forces accompany the Saudi-led coalition "when its military forces are engaged." Moreover, "US forces do not currently command, coordinate, accompany, or participate in the movement of coalition forces in counter-Houthi operations."

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