Why the Trump administration’s ongoing war against terrorist groups is not justified under the authorizations for the use of military force.
Latest in 2001 AUMF
In episode 27 of the National Security Law Podcast, Bobby Chesney and Steve Vladeck do a deep dive on the 2001 Authorization for the Use of Military Force
A pretty remarkable development in today's House Appropriations markup on the Defense Appopriations bill. For many years, Rep. Barbara Lee (D-CA) has been putting forward amendments intended to repeal or sunset the 2001 AUMF. They normally do not go anywhere. This morning she moved one that would terminate the 2001 AUMF in 240 days, and lo-and-behold the majority went along with it. It passed with only Kay Granger (R-TX) opposing.
Early Sunday evening, a US Navy F/A-18 Super Hornet shot down a Syrian Air Force Su-22 that had just completed a bombing run targeting US-backed Syrian Democratic Forces (SDF) in the Raqqa region. The episode raises important questions under the U.N. Charter (see Adil Ahmad Haque’s analysis here). But what about U.S. domestic law?
Representative Adam Schiff has revived his effort to get Congress to replace the 2001 and 2002 AUMFs with a new “Consolidated AUMF” that would explicitly name the Islamic State. What follows below is a section-by-section analysis of H.J. Res. 100, intended to highlight the key moving parts while also flagging a few issues that deserve further attention should the bill move forward.
In a post earlier today, I highlighted a variety of recent developments in which the Obama administration has adjusted constraints on using force under color of the AUMF, based in part on the report in
Even though Republicans and Democrats have overwhelmingly labeled the Orlando mass-murder a terrorist attack, it’s unlikely that either side will introduce an AUMF. Both sides talk about Orlando in national security terms without being willing to step up to the constitutional plate.
The DOD airstrike that may have killed Taliban leader Mullah Mansour is interesting, from a legal perspective, at many levels. From an international law perspective, as Marty Lederman explains here, it looks to be another example of action under color of the much-discussed unwilling/unable principle (unless of course there was consent from Pakistan and the denials in the public record are mere
These kinds of advocacy lawsuits against the President in the national security arena often have perverse effects on the resulting law. The intent is generally to force constraints onto the executive branch, but the further along this lawsuit gets, the greater the risk it will result in less, rather than more, accountability and constraint on the Executive’s power.