AUMF: Scope and Reach

Latest in AUMF: Scope and Reach

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" 

2001 AUMF

Mullah Mansour as a "Continuous" Threat: Was the AUMF Strictly Necessary?

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

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.

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