Latest in AUMF

AUMF

Livestream: Senate Foreign Relations Committee Hearing on Authorizations for Use of Military Force (AUMF)

The Senate Committee on Foreign Relations held a hearing on "The Authorizations for the Use of Military Force: Administration Perspective" at 5 p.m. EDT, Monday, Oct. 30.

Secretary of State Rex Tillerson (read statement here) and Defense Secretary James Mattis testified.

AUMF

A Daisy Chain of Associated Forces? On the Potential Use of Force in Niger Against al-Mourabitoun

[Update: Several people reached out after I posted last night, drawing attention to the fact that al-Mourabitoun (also spelled al Murabitun) apparently reunited with AQIM after its initial separation from the group. On the other hand, others reached out to point to indications that the particular leader at the center of the current storm—al Sahraoui—may still lead a splinter faction that resisted/resists the return to the AQIM fold.

AUMF

Smith v. Trump: AUMF Challenge Pretrial Motion Summaries

As federal court and national security experts are noting, on Oct. 27, the D.C. Circuit will hear oral argument in Smith v. Trump (formerly Smith v. Obama). The case challenges the propriety of invoking the 2001 and 2002 authorizations for the use of military force (AUMF) to justify the war against the Islamic State (Operation Inherent Resolve).

Counterterrorism

Is the War Model of Counterterrorism a Failure? A Response to Micah Zenko

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.

Podcasts

The National Security Law Podcast: The AUMF: All You Ever Wanted to Know (and Plenty You Didn’t)

Want a thorough backgrounder on the 2001 Authorization for Use of Military Force? This is the episode for you. (This also is the episode for you if what you want, instead, is an hour of legal blather followed by five minutes of speculation about Season 7 of Game of Thrones). The “AUMF” is the key statute on which the government relies for its post-9/11 uses of force relating to terrorism, and it has been the source of controversy and debate for the better part of the past sixteen years.

2001 AUMF

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

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 Reform

Senate Foreign Relations Committee -- Bipartisan Support for a New AUMF?

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:

War Powers

War Powers and the Su-22 Episode: Third-Party Defense of Coalition Partners

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?

AUMF

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

Last year, Kenneth Anderson and I published a book entitled, Speaking the Law: The Obama Administration's Addresses on National Security Law, which is a detailed analysis of the Obama Administration's national security law views, as seen through the lens of a body of speeches given by senior administration officials.

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