Article 72MP6 Chuck Schumer’s Ridiculous Strategy For Trump’s Illegal War: Hope Republicans Come To Their Senses

Chuck Schumer’s Ridiculous Strategy For Trump’s Illegal War: Hope Republicans Come To Their Senses

by
Mike Masnick
from Techdirt on (#72MP6)
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I've criticized Chuck Schumer plenty over the years, generally for being bad on tech policy, but also for not understanding the moment we're living through. Yes, he's the leader of a minority party with zero power, but that doesn't mean he's powerless. Yet he acts as if he is.

And if he can't figure that out, it's time for someone else to do it.

Let's start with what just happened. As I detailed yesterday, Trump ordered military strikes on a sovereign nation and kidnapped its president without Congressional authorization-a clear violation of the War Powers Act and, you know, the basic constitutional requirement that Congress, not the president, has the power to declare war. And don't buy the claim that it's okay because this was just law enforcement": the Senate Judiciary Committee-including Republican chair Chuck Grassley-has pointed out that the White House refused to brief them, claiming it's a military action and not law enforcement.

There is no way to describe this other than a massive breach of basic international order and the separation of powers our Constitution established. It's yet another in a long line of efforts by Donald Trump to act as sovereign king of the US, rather than the elected executive of a single branch of a government with three co-equal branches.

Any opposition leader in such a world should seize the moment, call out the blatant unconstitutional and illegal behavior and make that the story. Over and over and over again.

But not Schumer. He starts out by needlessly granting the premise that Maduro is bad, and that's unnecessary. Whether he's terrible and an illegitimate dictator is besides the point. That doesn't give Trump the authority to do what he did. But even if you want to start there, you have to follow it up with a serious condemnation. Instead, Schumer goes meekly with the idea that it was reckless."

Maduro is an illegitimate dictator, but launching military action without congressional authorization, without a credible plan, but what comes next is reckless," Schumer said.

And then he makes clear that his entire strategy is to hope that the Republican elected officials in Congress will come to their senses and push back against Trump, something that anyone who has been awake for more than a few days in the last decade knows will never happen.

Schumer pressed troubled Republicans to back the passage of the bipartisan War Powers Resolution, which he introduced alongside Sen. Rand Paul (R-KY) and other lawmakers last month. The resolution will be brought to the Senate floor for debate next week, Schumer promised, telling reporters we're going to be pushing our Republican colleagues to stand up for the American people to get this done."

We have heard from some Republicans in private conversations, chairs, talking to their ranking members, that they have some - they are troubled by this," Schumer said, adding that he's in talks with ranking Democrats on relevant committees on how to respond to the administration's action against Maduro.

There it is. The classic Chuck Schumer move: We've heard from some Republicans in private that they're troubled by this." Oh, how wonderful. Some Republicans are troubled." They're always troubled. They're perpetually troubled. They furrow their brows and express deep concern and then vote with Trump anyway. EVERY FUCKING TIME. This has been the pattern for nine years now, and Schumer keeps acting like this time will be different.

But making it even worse, we learn from Spectrum News that Schumer is publicly dropping the only procedural leverage tool he has:

Senate Democratic leader Chuck Schumer of New York dismissed the idea that there could be another government shutdown at the end of the month as Congress stares down a new funding deadline of Jan. 30.

Appearing on ABC News Sunday, Schumer was definitive in responding no" when asked if the country was headed toward another shutdown and went on to say that good progress" is being made toward passing funding bills for the 2026 fiscal year.

Democrats want to fund the appropriations, the spending bills, all the way through 2026," Schumer said. We want to work in a bicameral, bipartisan way to do it and the good news is our Republican appropriators are working with us."

Read that again. The Democratic leader, faced with a president who just launched an illegal war, publicly announced that he won't use the one bit of actual leverage he has-the threat of a government shutdown-to force accountability. He just... gave it away. For free. He told Republicans don't worry, we won't actually fight you on this, we're committed to being reasonable.'"

This is political malpractice of the highest order.

Now, I can already predict some of the replies to this. What do you expect Schumer to do? Democrats don't have power! They can't stop this!" And look, I get it. Democrats are in the minority in the Senate. They don't control the House. They don't control the executive branch. In terms of the formal mechanisms of power, they're largely shut out.

But you know who else was in the minority? Mitch McConnell for most of Obama's presidency. And he didn't just sit around hoping Democrats would come to their senses. He built a movement. He shaped a narrative. He made obstruction itself into a political strategy that energized his base and put constant pressure on the majority. He understood something fundamental: being an opposition leader isn't just about counting votes. It's about building public pressure, shaping the discourse, and making your opposition pay a political price for their actions.

Here's what a real opposition leader would do in this moment:

Make the illegality of Trump's actions the story. Every single day, Democrats should be holding press conferences explaining in great detail how this is illegal and unconstitutional and just generally offensive to American values. They need to keep banging the drum on the only bit that matters: the President cannot do this under the Constitution and the law. The message should be simple and repeated until everyone is sick of hearing it: The president launched an illegal war without Congressional authorization, in violation of the Constitution and the War Powers Act. This is not normal. This is not acceptable. This cannot stand."

Make reporters ask Republicans about it in every single interview. Make them defend the indefensible. Force them to either break with Trump or publicly embrace illegal military action. Don't let them hide behind vague statements about being troubled."

Frame this as a constitutional crisis, not a partisan fight. This isn't hard. Tell a story that isn't political or partisan, but that hits at fundamental values. America shouldn't be engaging in dangerous regime change adventurism for oil (as Trump has repeatedly admitted, even as his Fox News minions pretend its about fentanyl, a drug that Venezuela has nothing to do with). Don't let Trump and MAGA frame the debate.

Frame the whole issue around fundamental American values that transcend party: the rule of law, constitutional limits on executive power, Congress's role in decisions about war. Make it clear that this has nothing to do with whether you like Maduro (spoiler: nobody does), but about whether we're a nation of laws or a nation where the president can do whatever he wants. Americans across the political spectrum understand that distinction, even if their representatives pretend not to.

Create real consequences. Schumer has more leverage than he thinks. Yes, he can threaten a government shutdown-and no, that's not crazy. Sometimes you have to be willing to fight. But beyond that: refuse to move any of Trump's nominees until he complies with the War Powers Act. Literally yesterday, a bunch of Democrats (obviously with Schumer's approval) voted to confirm a new assistant Secretary of Defense. Why? Why would they do that at this moment?

Demand daily briefings on Venezuela and the legal justification for the strikes. Hold public hearings showcasing the legal scholars and national security experts who agree this was illegal. File lawsuits. Encourage state attorneys general to file their own challenges. Make noise. Make trouble.

Inspire and mobilize their base. This is perhaps the most important thing, and the thing Schumer is absolutely the worst at. Millions of Americans are watching this unfold with horror and feeling helpless. They want someone to fight. They want someone to tell them this matters and that there's something they can do about it. Give them that. Hold rallies. Organize protests. Create a Restore the Constitution" campaign that gives people something to be for, not just against. Build a movement of Americans who believe the Constitution still matters. Stop hoping those troubled" Republicans will suddenly grow spines and start building public pressure that makes their continued acquiescence politically toxic.

Shape the narrative about what comes next. Trump's supporters still want to claim this is about drugs, but Trump himself keeps admitting it was totally about stealing Venezuelan oil and making his donors at the large oil companies rich. Make that the whole fucking story. Connect it to the broader pattern of Trump's transactional, lawless approach to foreign policy. Paint a picture of where this leads if unchecked. How are Democrats not calling this out over and over again? Keep showing the clips of Trump promising he was against foreign wars, against regime change.

There are so many opportunities and Schumer is letting them all go by because he doesn't want to feel embarrassed to bump into a GOP Senator at the gym.

Prepare for 2026 and beyond. Even if Schumer can't stop this action, he can make Republicans pay a political price for enabling it. Identify the vulnerable Republicans who will face tough races in 2026 and 2028. Run ads in their districts highlighting their refusal to stand up to an illegal war. Make them defend their votes. Build a case to the American people that Republicans have abandoned the rule of law. Turn this into a major campaign issue.

None of this requires having a Senate majority. It doesn't even require getting Republican senators on board, though it could help if Schumer picked off a few Republicans. What it requires is recognizing that an opposition leader's power doesn't come solely from their vote count. Mitch McConnell understood this. Newt Gingrich understood this.

The job of the opposition leader, especially in moments like this, is to be oppositional. To fight. To make noise. To create consequences even when you don't have the votes to block something outright. And that time is now.

Instead, Schumer is doing what he always does: magical wishcasting: hoping against all evidence that Republicans will be reasonable. On top of that, giving away his leverage before negotiations even start, and treating politics like a genteel debate club where everyone follows the unwritten rules. But those rules are gone. Trump lit them on fire years ago. And continuing to pretend they exist is just enabling the erosion of constitutional democracy.

I understand the impulse to be the adults in the room." To pretend that acting this way shows that Democrats can govern responsibly: that they won't play games with government funding, that they'll work across the aisle. In normal times, that's potentially admirable. But these aren't normal times. When a president launches an illegal war, captures a foreign leader, and faces no consequences, you're not in normal times" anymore. You're in a constitutional crisis (the latest in a long line of constitutional crises Trump has kicked off, without much in the way of consequences).

In a constitutional crisis, being the adult in the room should mean fighting back with every tool you have. And Schumer has failed to do that over and over and over again in the last year, enabling Trump to continue to push the boundaries further and further. All while Schumer twiddles his thumbs and waits for the GOP to come around? What is he thinking?

The most frustrating part is that this isn't even particularly difficult or risky politically. Polls consistently show that Americans don't want more military interventions abroad. There's broad skepticism of foreign entanglements. Standing up and saying the president can't just launch wars on his own" isn't some far-left position-it's basic constitutionalism that should command widespread support. This is a fight Schumer could easily win in the court of public opinion. But he has to actually try.

If Chuck Schumer can't do these basic things-can't recognize the moment we're in, can't build a movement, can't shape the narrative, can't use the tools he has to create political pressure-then he's not the right person for this job. The Senate needs an opposition leader who understands that leadership means leading, not just reacting and hoping. It needs someone who can inspire people to fight, not someone who tells them to keep calm and hope Republicans will do the right thing.

Democracy doesn't save itself. Constitutional norms don't restore themselves. They require people willing to fight for them, especially when it's hard and especially when the outcome is uncertain. Right now, when it matters most, Chuck Schumer isn't fighting. He's hoping. And hope, as we've learned over the past nine years, is not a strategy.

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