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Authorization to go to war with iran. he needs to come to congress. those powers are clear in the united states constitution. and he needs to abide by it. >> and he has not asked you for authorization. >> he has not. >> one thing is they're going to justify it based on the 2001 war authorization against al qaeda suggesting there are al qaeda ties with iran. are you persuaded with that? >> i'm not. we think that's a stretch at best. >> if you could tell the president anything and again, you're not in washington. it is the weekend here. but you as a senior member of the armed services committee,...

Remaining 40 detainees at guantanamo without these additional charges. he put it this way, in my judgment, it's past time to confront the difficult question left open by the supreme court's 2004 ruling as to this 2001 law that the war authorization that allows these detainees to be held in guantanamo without these charges. but again, jim and poppy, the supreme court deciding not to take up this issue, so some activity within the court, but the supreme court sort of brushing aside these issues for now, perhaps they'll get taken up at some other point, but not next term. >> okay. >> jessica schn...

They're going to come back and revisit it and see if there is some sort of way to have another check on the president. >> the legislation is to let congress have a vote, but as you pointed out, and nick, we've both seen that tim kaine and others have not been able to get congress to act on a war authorization in afghanistan after all these years. so how could you have under a scenario where america is at risk a role for congress or anyone else to entintermediate h the president. nick? >> they're worried about north korea primarily, and they're worried about an escalating war of words, a presid...

>> shannon: a fox news alert. secretary of state rex tillerson and defense secretary jim mattis up on the hill this evening. senators pressing the two on whether or not the president can keep using old authorities pastors days after 9/11 to fight an expanding war against al qaeda offshoots worldwide. national security correspondent jennifer griffin joins us from the pentagon. a very busy night tonight. great to happy with you with us, jennifer. let's start with this. as they are testifying, have we learned anything new today about the attacks in niger? >> thanks, shannon. congratulations on yo...

There are controlled by the taliban now. it's an horrendous record. >> it is. and the president gave a speech in august talking about a new afghanistan strategy without many details. this is part of the reason we want to do a war authorization. the authorization that jeff flake and i have crafted are about what we need to do against isis, al qaeda and the taliban. when you discuss an authorization, you get into what's the current status of our operations, what would success look like, what should we do? we've not been having that debate. >> it's always good to see you, senator kaine. thank you...