Latest in AUMF
Despite critiques that the president exercises unilateral authority over use-of-force decisions, much of the historical evidence reflects significant congressional restraint on the executive branch.
Judge Mehta’s 2021 decision granting Guantanamo Bay detainee Asadullah Haroon Gul’s writ of habeas corpus defines what the government must show to prove that a member of a former “associated force” should also be considered a part of al-Qaeda.
The Senate Foreign Relations Committee is holding a hearing on authorizations of use of force. Members are hearing testimony from officials from the State Department and Department of Defense.
Current congressional action related to the possible repeal of outdated force authorizations against Iraq will do little to affect the executive branch’s use of military force behavior in the region.
Since President Truman’s “police action” in the Korean War, scholars in law and political science have considered the possibility that presidents would attempt to substitute congressional authorization with authorization from an international organization when using military force.
Recent moves and countermoves by the U.S. and Iran in the Persian Gulf over the past few months have increased speculation about the prospect of war in the region. Some members of Congress, including a few Republicans, have stated that the president cannot use military force against the Islamic Republic without the approval of the legislature.
On July 24, the Senate Foreign Relations Committee held a hearing titled, “Reviewing Authorities for the Use of Military Force.” The committee called David Hale, under secretary of state for political affairs and Marik String, Acting State Department legal adviser as witnesses. The witnesses’ complete written submissions are available below. A video recording of the hearing will be posted online here.
Recent tensions between the United States and Iran have led many members of Congress to speculate about what legal authority the Trump administration may claim it has to go to war without congressional authorization. On June 28, the State Department gave a partial answer to these questions, at least insofar as they relate to the 2001 and 2002 Authorizations for Use of Military Force (AUMFs).
For the past two months, the Middle East has teetered on the edge of war. Tensions over the U.S. “maximum pressure” campaign have led Iran to target maritime shipping in the Persian Gulf, launch rockets on U.S.
Sens. Tim Kaine (D-Va.) and Todd Young (R-Ind.) have introduced a bill that would revoke the 1991 and 2002 authorizations for use of military force in Iraq. The bill is below.