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AUMF

Luke Sharrett / Ben Balter (background)

In the aftermath of the September 11th attacks, Congress voted to authorize military force against against those who had “planned, authorized, committed, or aided the terrorist attacks” or who "harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States. . . ." More than a decade later, the United States continues to conduct military operations against Al Qaeda and affiliated groups—including, somewhat surprisingly, against the Islamic State—pursuant to this 2001 authorization. In the spring of 2015, despite claiming that a new AUMF for airstrikes and limited operations in Syria and Iraq was not legally required, the Obama Administration presented draft language to Congress for a new AUMF. Riven by disagreements over details, Congress has thus far refused to support the President’s proposal.

 

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Latest in AUMF

AUMF: Legislative Reaffirmation

Livestream: House Foreign Affairs Committee Hearing on Authorization for the Use of Military Force and Current Terrorist Threats

Quinta Jurecic   Tue, Jul 25, 2017, 9:52 AM

This morning at 10am, the House Foreign Affairs Committee is holding a hearing on "Authorization for the Use of Military Force and Current Terrorist Threats." Witnesses include former Attorney General Michael Mukasey, former Legal Counsel to the Chairman of the Joint Chiefs of Staff Brigadier General Richard Gross (Retired), and former Director of the National Counterterrorism Center Matthew Olsen.

2001 AUMF

Repealing the 2001 AUMF? A Surprise Vote by the House Appropriations Committee

Robert Chesney   Thu, Jun 29, 2017, 2:27 PM

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.  

 

AUMF: Legislative Reaffirmation

Updating the 2001 AUMF at Long Last? On the Flake-Kaine Bill

Robert Chesney, Jack Goldsmith, Matthew Waxman, Benjamin Wittes   Tue, May 30, 2017, 8:35 AM

The bill that Senators Flake (R-AZ) and Kaine (D-VA) introduced this week would be a welcome update the 2001 Authorization for the Use of Military Force (AUMF), explicitly authorizing the armed conflict with the Islamic State while also adding further important reforms to that foundational instrument.  

AUMF Reform

Section-by-Section Analysis of Rep. Schiff's AUMF Proposal

Robert Chesney   Tue, May 9, 2017, 1:16 PM

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.

AUMF

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

Benjamin Wittes   Mon, Dec 5, 2016, 2:54 PM

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. 

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