Latest in AUMF

War Powers

War Powers and the Su-22 Episode: Third-Party Defense of Coalition Partners

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?  

AUMF

The White House Releases a "Report on the Legal and Policy Frameworks" on American Uses of Military Force

It just is not possible to read this document and not come away with a sense that the administration has endeavored to think through the range of issues it confronts in overseas terrorism operations in a systematic fashion and to make the framework it has developed as public as possible. 

Annals of the Trump Administration

Annals of the Trump Administration #7 (Prequel Edition): Shaping the War Obama Will Leave to Trump

With less than two months to go before it hands over power to the Trump administration, the Obama administration is continuing to fine-tune the legal, policy, and institutional architectures that guide its approach to the ongoing conflict with al Qaeda.  Under that heading, I want to flag some important recent developments.

1. AUMF expansion: al Shabaab is now a full-fledged "associated force" 

War Powers

The ISIS Lawsuit and the Perverse Effects of National Security Litigation

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.

War Powers

Do the Strikes on al Shabaab Stretch the AUMF or The Unit Self-defense Doctrine?

Charlie Savage’s piece on the legal basis for the March 5 U.S. strike against an al Shabaab training camp, which allegedly killed 150 fighters, raises the intriguing question of whether the AUMF has been stretched yet again, this time to justify U.S. operations against al Shabaab as a whole. 

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