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Category Archives: AUMF: Legislative Reaffirmation

Intelligence Squared US Debate: “The President Has Exceeded His Constitutional Authority By Waging War Without Congressional Authorization”

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Tuesday, March 31, 2015 at 4:51 PM

This evening, at 6:45 pm, Intelligence Squared US is holding a debate on the resolution: “The president has exceeded his constitutional authority by waging war without congressional authorization.” Arguing for the motion will be Gene Healy of the Cato Institute and Deborah Pearlstein of Cardozo Law. Arguing against it will be Philip Bobbitt of Columbia . . .
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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.

C-SPAN Washington Journal AUMF Discussion

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Wednesday, March 11, 2015 at 12:03 PM

C-SPAN’s Washington Journal had two lengthy segments on the AUMF controversy this morning. I was on the first: The second involved a discussion between the American Enterprise Institute’s Danielle Pletka and Brian Katulis of the Center for American Progress:

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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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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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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Reactions to the President’s AUMF Draft Don’t Augur Well

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Monday, February 16, 2015 at 9:23 AM

The New York Times thinks President Obama’s draft AUMF is dangerously broad: The parameters of a proposed war authorization the White House sent toCongress on Wednesday, however, are alarmingly broad. It does not limit the battlefield to Syria and Iraq, the strongholds of the Islamic State, also known as ISIS or ISIL, which is attempting to . . .
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A Possible Answer to Jack’s AUMF Question

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Thursday, February 12, 2015 at 7:53 AM

Jack ends his excellent and comprehensive post this morning, a post which I will not try to summarize, with the following statement: I just don’t get the calculation.  It seems that the President could have attracted much broader support in Congress, and avoided a lot of political and legacy headaches, while at the same time maintaining . . .
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The Administration’s Hard-To-Fathom Draft AUMF

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Thursday, February 12, 2015 at 6:33 AM

Before I get to analysis and criticism, let me give the Obama administration credit for proposing a draft AUMF yesterday.  The administration’s many promises about working with Congress to craft an AUMF for the Islamic State (ISIL), combined with the lack of a concrete proposal that has long been the President’s responsibility, had led me . . .
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Notes on Reading the President’s AUMF Proposal

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Wednesday, February 11, 2015 at 10:36 AM

Here are the key policy judgments in the President’s AUMF proposal: “The President is authorized . . . to use the Armed Forces of the United States as the President determines to be necessary and appropriate against ISIL or associated persons or forces. . . .” This is a slightly odd formulation that differs from the . . .
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Will President Obama Go Where He Promised He Wouldn’t?

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Wednesday, February 11, 2015 at 8:16 AM

Over at Just Security, Steve Vladeck and a group of scholars have posted a letter to President Obama asking him to include in his AUMF proposal not merely a sunset for the new ISIS AUMF but one for the underlying 2001 AUMF too. “We think it is . . . vitally important that any statute . . .
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What the Detention Policy Debate Really Is About

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Monday, January 26, 2015 at 2:16 PM

Ben bemoans the state our nation’s current debate over Guantanamo as “terrible,” observing that “the arguments about Guantanamo are nearly all wrong, disingenuous, irrelevant, or just plain dumb.”  It’s true that Guantanamo—like most political issues—sometimes takes on a special kind of inside-the-beltway rhetorical flavor that can really annoy the wonks, who would much rather focus . . .
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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.

A Few Thoughts on Yesterday’s AUMF Hearing

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Wednesday, December 10, 2014 at 11:39 PM

Jack aptly stated earlier today many of my thoughts on yesterday’s hearing on an Islamic State AUMF—at which Secretary of State John Kerry testified. In particular, he highlighted the broad authorization the administration is seeking—one with few of the sort of accountability mechanisms Jack, Matt, Bobby and I have suggested. And he highlighted as well the . . .
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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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Video of Secretary of State Kerry’s Testimony on ISIL AUMF

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Tuesday, December 9, 2014 at 9:52 PM

Today before the Senate Foreign Relations Committee:

Kerry Outlines Administration Vision of an AUMF

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Tuesday, December 9, 2014 at 4:20 PM

From Secretary of State John Kerry’s prepared testimony before the Senate Foreign Relations Committee today: Toward that end, we ask you now to work closely with us on a bipartisan basis to develop language that provides a clear signal of support for our ongoing military operations against ISIL. Our position on the text is pretty straightforward . . .
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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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