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Category Archives: AUMF

Reactions to Foreign Relations Committee Hearing on the AUMF

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Wednesday, May 21, 2014 at 9:12 PM

There is much to say about today’s hearing on the AUMF, and I am sure my colleagues will weigh in with much more.  But I have two quick reactions for now. First, I suggest reading two recent Eli Lake articles together.  The first is about internal Executive branch debates about how to characterize the continuing threat from al . . .
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Live: Senate Hearing on the AUMF

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Wednesday, May 21, 2014 at 10:40 AM

As Bobby noted earlier, the Senate Foreign Relations Committee is holding a hearing entitled: “Authorization For Use Of Military Force After Iraq And Afghanistan.” The witness list and prepared testimonies follow. Witnesses Panel One The Honorable Stephen W. Preston General Counsel Department of Defense Washington , DC Download Testimony Ms. Mary Mcleod Principal Deputy Legal Adviser Department of State . . .
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Questions that Should Be Asked at Today’s Senate AUMF Hearing

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Wednesday, May 21, 2014 at 9:10 AM

The Senate Foreign Relations Committee has a hearing this morning concerning the future of the AUMF, featuring DOD General Counsel Stephen Preston, State Department Principle Deputy Legal Adviser Mary Macleod, Harold Koh, and Michael Mukasey.  As it happens I’m in DC with some free time this morning, so I’ll do my best to be there . . .
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Readings: “Ending Perpetual War?” by David A. Simon

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Monday, May 19, 2014 at 5:50 PM

David A. Simon, special counsel to the General Counsel, Department of Defense, has posted a new article to SSRN, “Ending Perpetual War? Constitutional War Termination Powers and the Conflict Against Al Qaeda” (41 Pepperdine Law Review 685 (2014)).  It’s an excellent article, and I heartily recommend it to those wanting a careful, nuanced walk through the . . .
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Yemen Conflict Update: Expanded US Military Role on the Way?

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Thursday, May 8, 2014 at 9:54 AM

An interesting tidbit today regarding US involvement in Yemen, from Politico’s first-rate briefer Morning Defense: MORE MILITARY SUPPORT COULD BE COMING: Shy of putting boots on the ground, the U.S. government is receptive to additional military cooperation with the Yemeni government if requested, a DoD official told Morning D. Currently, the U.S. military and the . . .
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Oversight & JSOC: Withholding Funds to Force Disclosures on Targeting Process?

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Tuesday, May 6, 2014 at 12:00 PM

Has DOD failed to comply with its statutory obligation to explain to Congress how the executive branch decides which groups and persons are within the scope of the AUMF? HASC Chairman McKeon has released the Chairman’s Mark for the National Defense Authorization Act for Fiscal Year 2015 (“NDAA FY’15″),  HR 4435.  As always there is . . .
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How Not to Amend the AUMF, Duncan Hunter Edition

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Thursday, May 1, 2014 at 4:33 PM

Ashley beat me to the punch in flagging today’s news about Rep. Duncan Hunter’s plan to introduce legislation that would amend the September 2001 Authorization for the Use of Military Force (AUMF) to authorize the Obama Administration to go after those terrorists (and terrorist groups) responsible for the September 11, 2012 attacks against the U.S. . . .
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Are the Benghazi Attackers Lawfully Targetable?

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Thursday, May 1, 2014 at 1:36 PM

Over at Foreign Policy, Dan Lamothe reports that Rep. Duncan Hunter will introduce legislation on May 7 that would authorize the Executive Branch to target the individuals who attacked the U.S. diplomatic facilities in Benghazi.  Hunter apparently would amend the 2001 AUMF to include the Benghazi attackers as lawful targets.  The idea of cracking open . . .
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More on the Afghan Drawdown’s Destabilizing Impact on Detention Law

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Monday, April 28, 2014 at 7:59 AM

Excellent recent posts by Ben and Marty draw attention to the impact that the drawdown in Afghanistan likely will have on GTMO habeas litigation. I agree; we will certainly see a fresh wave of litigation.  And as part of that wave, we will see the argument that the law of armed conflict no longer applies . . .
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Marty Lederman on Justice Breyer’s Hussain Opinion

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Sunday, April 27, 2014 at 7:06 AM

Very interesting and thoughtful comments over at Just Security by Marty Lederman on Justice Breyer’s brief opinion in the Hussain cert denial the other day. Marty writes: As Justice Breyer notes . . ., the Supreme Court has never actually opined on whether being a member of Taliban forces, standing alone, is sufficient for AUMF detention.  Justice O’Connor’s controlling . . .
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Cert Denial Comment from Justice Breyer in Hussain

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Monday, April 21, 2014 at 10:28 AM

The Supreme Court this morning denied cert in the Guantanamo habeas case of Hussain v. Obama. A few weeks back, Marty Lederman flagged this case over the Just Security as likely to provoke at least one justice to write a dissenting or concurring statement in connection with the denial of cert. Marty nailed it. Justice Breyer writes . . .
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Radiolab on the History and Problems of the AUMF

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Saturday, April 19, 2014 at 8:58 PM

This is a very impressive hour of radio based on this excellent story by Gregory Johnsen. John Bellinger and I both show up at various points in the discussion. It’s neat what you can do on national security law in broadcast media if you actually care about it.

The AUMF and IHL’s Field of Application

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Wednesday, April 9, 2014 at 12:00 PM

Our friends at the ICRC DC delegation have a wonderful blog, intercross, and often use it to host brief exchanges among scholars and practitioners on current IHL and IHL-related issues. Right now, they’re digging into questions about IHL’s applicability in connection with the 2001 AUMF (e.g., whether passage of the AUMF automatically brought IHL to . . .
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LIVE: Hearing at House Subcommittee on Terrorism, Nonproliferation, and Trade

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Tuesday, April 8, 2014 at 2:00 PM

As he noted below, Ben is testifying in front of the House Subcommittee on Terrorism, Nonproliferation, and Trade. The title of the hearing is “Is al-Qaeda Winning? Grading the Administration’s Counterterrorism Policy.” A live video stream is available here. Below is the witness list and the prepared statements for both panels: Witnesses Panel I The Honorable Joseph Lieberman (Former United States . . .
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On the Connections Between the AUMF and Section 702

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Tuesday, April 8, 2014 at 1:30 PM

I was asked to give testimony today before a House Foreign Affairs subcommittee on two topics that may seem largely unconnected: the vitality and adequacy of the AUMF for the conflict the United States is currently fighting and the NSA surveillance programs that have, of late, dominated news headlines. Rather than simply posting my testimony, I . . .
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A Summary of Friday’s Decision in al-Aulaqi v. Panetta

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Monday, April 7, 2014 at 1:19 PM

As Ben mentioned on Friday, Judge Rosemary Collyer of the U.S. District Court for the District of Columbia dismissed a Bivens suit brought by the families of Anwar al-Aulaqi, his son Abdulrahman, and Samir Khan—three U.S. citizens killed in U.S. drone strikes in 2011—seeking to hold various federal officials personally liable for their roles in . . .
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Lawfare on the Hill

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Monday, April 7, 2014 at 12:00 PM

Two hearings this week to take note of: Tomorrow, Tuesday April 8th at 2pm: The House Foreign Affairs Subcommittee on Terrorism, Nonproliferation, and Trade will hold a hearing on “Is al-Qaeda Winning? Grading the Administration’s Counterterrorism Policy.” Ben will be testifying on the future of the AUMF and 702. Thursday, April 10th at 9am: The House Judiciary Committee will . . .
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D.C. Circuit Affirms Denial of Preliminary Injunction in Abdullah v. Obama

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Friday, April 4, 2014 at 12:52 PM

The D.C. Circuit has just handed down a 12-page decision in Abdullah v. Obama, affirming the district court’s denial of Abdullah’s motion to enjoin the U.S. government from detaining him. Hani Saleh Rashid Abdullah, a Yemeni national, claimed his detention at Guantanamo violates a 1946 executive agreement between the U.S. and Yemen. He filed for habeas in 2005, and . . .
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Thornberry and Lumpkin on AUMF Renewal

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Friday, March 21, 2014 at 12:00 PM

Last week I noted an interesting exchange on AUMF renewal (and life in a post-AUMF world) during Michael Lumpkin’s March 11 testimony before the Senate Armed Services Committee.  When Lumpkin appeared before the House Armed Services Subcommittee on Intelligence, Emerging Threats and Capabilities, two days later, Representative Mac Thornberry (a graduate of UT Law, I . . .
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Michael Lumpkin (ASD-SO/LIC) on Revisiting the AUMF and Article II as a Backstop

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Friday, March 14, 2014 at 6:10 PM

The slow-boil debate regarding the fate of the 2001 AUMF continues.  The subject came up on March 11 when Assistant Secretary of Defense for Special Operations/Low-Intensity Conflict (SO/LIC) Michael Lumpkin testified before the Senate Armed Services Committee.  Micah Zenko has very helpfully posted key passages from the transcript here, and these are the lines that . . .
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