I very much appreciate Liza Goitein’s response on Lawfare this morning to an earlier post
Latest in AUMF
In a Lawfare post on April 25, Bobby Chesney criticizes a New York Times editorial that opined that the Corker-Kaine AUMF could be used to attack Iran or North Korea. Because this part of the editorial linked to my op-ed in Defense One, Chesney focuses on my analysis.
That’s the remarkable claim purveyed this morning in a New York Times editorial. Here is the relevant passage:
On Monday evening, a bipartisan coalition of senators led by Senate Foreign Relations Committee Chairman Bob Corker (R.-Tenn.) and Sen.
No time to read the draft 2018 authorization for use of military force? I’m not sure this post is all that much shorter, but at least it’s not written in statutory format. The following is my assessment of the most important elements and the issues they raise.
1. How would this new AUMF impact authorities under the two existing AUMFs?
Sens. Bob Corker, Tim Kaine, Jeff Flake, Chris Coons, Todd Young, and Bill Nelson introduced the following draft authorization for use of military force against designated terrorist groups on Monday:
The U.S. Court of Appeals for the D.C. Circuit heard oral argument on Tuesday in Al-Alwi v. Trump. The panel was composed of Chief Judge Merrick Garland and Judges Karen Henderson and Thomas Griffith. Sonia M. Carson argued for the government. Ramzi Kassem argued for al-Alwi.
Listen to the full audio of the argument here.
A review of David Barron's Waging War: The Clash Between Presidents and Congress, 1776 to ISIS (Simon & Schuster, 2016).
The 2001 authorization for the use of military force (AUMF) authorizes the president to use force against “those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons.” But presidents have steadily interpreted the
Together with David Remes, I presented Capt. Nathan Smith's challenge to the war against the Islamic State before the D.C. Circuit Court of Appeals on Oct. 27. Judge Thomas Griffith presided, with Judges David Sentelle and Raymond Randolph, joining in a wide-ranging discussion of doctrine and cases that touched on many national security law problems. While the court had officially granted 15 minutes to each side, the hearing lasted for more than an hour. The court has provided a recording of the argument.