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Category Archives: AUMF: Scope and Reach

Al-Warafi’s “End of War” Reply Brief

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Friday, May 22, 2015 at 2:00 PM

The Guantanamo detainee, as readers likely know, argued in a February motion that the end of the United States’ war in Afghanistan, as recognized by President Obama, requires his release from Guantanamo. On Wednesday, Al-Warafi filed his reply brief on that issue. It opens as follows: The Government’s argument for the continued detention of Al Warafi, . . .
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U.S. Support for the Saudi Air Campaign in Yemen: The Legal Issues

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Wednesday, April 15, 2015 at 3:02 PM

For the past couple of weeks, a Saudi-led coalition has been engaged in a substantial air campaign against Houthi forces in Yemen. The United States is not conducting its own air strikes against the Houthis, but it is providing various forms of material and intelligence support to the coalition, including armaments, air-to-air refueling services, satellite . . .
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The Consequences of Congressional Inaction on the AUMF

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Wednesday, April 8, 2015 at 9:56 AM

Yesterday, I wrote about the consequences of congressional inaction over the next two months with respect to Section 215 of the Patriot Act. Today, I want to focus on another area where Congress is poised to do nothing: authorizing force against the Islamic State. Specifically, I want to argue that this inaction has important consequences—though . . .
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Senate Foreign Relations Hearing on ISIS AUMF

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Wednesday, March 11, 2015 at 3:44 PM

Earlier this morning, the Senate Foreign Relations Committee heard testimony from Secretary of State John Kerry, Secretary of Defense Ashton Carter, and Chairman of the Joint Chiefs of Staff General Martin Dempsey on the president’s proposed Authorization for the Use of Force (AUMF) against ISIS. You can watch the full hearing here.

The Lawfare Podcast: HASC Hearing on Outside Perspectives on the AUMF

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Saturday, February 28, 2015 at 1:55 PM

On Thursday of this week, Lawfare’s Benjamin Wittes and Bobby Chesney, along with General Jack Keane, appeared before the House Armed Services Committee to provide “Outside Perspectives on the President’s Proposed Authorization for the Use of Military Force Against the Islamic State of Iraq and the Levant.” The hearing grappled with a number of difficult . . .
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Consensus on the Way Forward for an ISIL AUMF

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Friday, February 27, 2015 at 11:30 AM

Even casual readers of this blog are likely aware of the longstanding (and thoroughly joined) debate between Ben and me with respect to how Congress ought to update / revisit the 2001 Authorization for the Use of Military Force. That’s why I was pleasantly surprised by both Ben’s prepared testimony before yesterday’s House Armed Services Committee . . .
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The End of the United States’ War in Afghanistan Requires Detainee’s Release From GTMO

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Friday, February 27, 2015 at 8:00 AM

Such is this gist of this quite important Motion to Grant Petition For Writ of Habeas Corpus, filed last night by attorneys for Guantanamo detainee Mukhtar Yahia Naji al Warafi.  His filing opens as follows: Under the Authorization for Use of Military Force, Pub. L. No. 107-40, § 2(a), 115 Stat. 224 (2002) (“AUMF”), the Government . . .
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HASC Testimony: Towards a Better AUMF

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Thursday, February 26, 2015 at 10:00 AM

Prepared Testimony of Robert Chesney Charles I. Francis Professor in Law Associate Dean for Academic Affairs Director, Strauss Center for International Security & Law The University of Texas at Austin Before the House Armed Services Committee  February 26, 2015 “Outside Perspectives on the President’s Proposed Authorization for the Use of Military Force Against the Islamic . . .
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HASC Testimony: An Alternative to the Administration’s AUMF Draft

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Thursday, February 26, 2015 at 10:00 AM

Prepared Statement of Benjamin Wittes Senior Fellow at the Brookings Institution before the House Committee on Armed Services “Outside Perspectives on the President’s Proposed Authorization for the Use of Military Force Against the Islamic State of Iraq and the Levant” February 26, 2015 Thank you Chairman Thornberry, Ranking Member Smith, and members of the committee . . .
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Live: Benjamin Wittes and Bobby Chesney Testify Before HASC on AUMF

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Thursday, February 26, 2015 at 9:50 AM

At 10 am, Lawfare’s Benjamin Wittes and Bobby Chesney, along with General Jack Keane, will provide testimony before the House Armed Services Committee today regarding the Obama administration’s proposed Authorization for the Use of Military Force against ISIL.  Ben’s and Bobby’s prepared statements will follow in subsequent posts. You can watch the proceedings here on . . .
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Six Questions Congress Should Ask the Administration about its ISIL AUMF

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Friday, February 20, 2015 at 11:00 AM

[Cross-posted at Just Security] With congressional hearings on the Obama Administration’s proposed Authorization for the Use of Military Force (AUMF) for the Islamic State on the horizon, we propose six questions that Members of Congress should ask Administration witnesses: 1. What, exactly, is our strategic military objective? As numerous commentators have pointed out, the Administration’s . . .
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The Meaningful Legal Differences Between Stateside and Guantánamo Detention

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Thursday, February 5, 2015 at 3:30 PM

Gabor’s post from this morning, which is styled as a response to Ben’s thoughtful analysis of what it will take to close Guantánamo (while ignoring some of the other responses), concludes that the only meaningful way to “close” Guantánamo is for President Obama “to either release all detainees or try them in our time-tested federal courts,” at least largely . . .
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How Not to Close Guantanamo: Bring It Here

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Thursday, February 5, 2015 at 9:46 AM

Ben asks “What Would it Take to Close Guantanamo?” and he provides a thoughtful response weighted toward the political landscape. But there’s another not-so-merely-philosophical question that underlies his question: what does it mean to “close Guantanamo?” For purposes of rapprochement with Cuba it may have to mean U.S. out of Guantanamo altogether. That’s not going . . .
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The SFRC Vote on the Menendez AUMF

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Friday, December 12, 2014 at 12:15 PM

The Senate Foreign Relations Committee voted 10-8 yesterday to approve Senator Menendez’s draft AUMF for ISIL.  As endorsed by the Committee, the bill: — Authorizes the President to use force against ISIL or against “associated forces or associated persons”  (a phrase defined to mean means “individuals and organizations fighting for or on behalf of [ISIL] . . .
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This Morning’s SFRC Business Meeting

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Thursday, December 11, 2014 at 10:45 AM

There are many subjects under discussion right now, including recent proposals to authorize force against ISIS. Update: it appears the Committee approved a draft authorization authored by the Committee’s Chairman, Senator Robert Menendez, by a vote of 10-8.

The Obama Administration Wants a Super-Broad AUMF for the Islamic State (and Other Reactions to Yesterday’s AUMF Hearing)

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Wednesday, December 10, 2014 at 2:07 PM

Secretary of State Kerry testified yesterday before the Senate Foreign Relations committee on the need for a new AUMF for the Islamic State (which Kerry referred to by the new moniker “Daesh,” and I will for now call “IS”).  It was a revealing few hours.  The Senators were well-informed and asked good questions with an . . .
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Senator Menendez’s Draft ISIL AUMF

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Sunday, December 7, 2014 at 9:25 PM

Last Thursday, Bloomberg View’s Josh Rogin had a piece on a draft ISIL authorization put forth by Senator Bob Menendez, the Chairman of the Senate Foreign Relations Committee. Based on Rogin’s report, it seems Menendez’s legislation was offered as an alternative to a bill authored by Senator Rand Paul. But as Rogin notes, of the pair, . . .
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A “Buffer Zone” Inside Syria, and Its Complications

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Friday, December 5, 2014 at 6:34 PM

The United States and Turkey seem to be having increasingly detailed discussions about establishing a no-fly zone (or “buffer zone”) inside the northern Syrian border adjacent to Turkey. The press reports that Turkey is conditioning the U.S. use of Turkey’s Incirlik air base for armed flights on the U.S. willingness to establish such a zone. The . . .
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Rules of Engagement for the War in Afghanistan in 2015

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Wednesday, December 3, 2014 at 10:44 AM

As reported in an article in the New York Times back on November 21, President Obama recently decided to expand the set of circumstances in which the U.S. military might use force in Afghanistan during 2015. What is the precise nature of that expansion, so far as we can tell from that story? Or put . . .
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Bruce Fein’s Revealing Defense of Senator Paul’s Draft Declaration of War

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Friday, November 28, 2014 at 9:29 AM

Earlier this week I analyzed Senator Paul’s proposed war declaration.  Bruce Fein has a spirited defense of Senator Paul’s draft (which includes a swipe at me for asking an “obtuse[e]” question).  But the defense contains two errors that reveal the limits of what the Senator proposes. Fein’s first and most important error is in this . . .
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