There are a few legal questions worth considering.
Latest in AUMF
On Oct. 27, the D.C. Circuit will hear Smith v. Obama, a case concerning whether the 2001 and 2002 authorizations for the use of military force (AUMF) cover the war against the Islamic State.
In a scathing New York Times op-ed today, Micah Zenko lays into the Trump administration both for maintaining the “counterproductive” and “immoral” counterterrorism policies of its predecessors (particularly those involving the use of military force), and for making the situation worse for noncombatants. It is a passionate
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.
The Senate Foreign Relations Committee held a hearing today on a new Authorization to Use Military Force Against terrorist groups. Kathleen Hicks, former Deputy Under Secretary of Defense for Policy, and I were the witnesses. My written statement is here. Kathleen Hicks’ written statement is here.
I closed my opening statement as follows:
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?
Senator Jeff Flake (R-AZ) and Senator Tim Kaine (D-VA) have introduced a new Authorization for the Use of Military Force against ISIS, al Qaeda, and the Taliban.
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.
Charlie Savage and Bobby Chesney come on the podcast to discuss Charlie's New York Times story with Eric Schmitt and Mark Mazzetti on the Obama administration's expanded understanding of the AUMF against al-Shabaab.