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.
Latest in 2001 AUMF
In a post earlier today, I highlighted a variety of recent developments in which the Obama administration has adjusted constraints on using force under color of the AUMF, based in part
Even though Republicans and Democrats have overwhelmingly labeled the Orlando mass-murder a terrorist attack, it’s unlikely that either side will introduce an AUMF. Both sides talk about Orlando in national security terms without being willing to step up to the constitutional plate.
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 conse
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.
An outline of the key points in the complaint submitted by Captain Nathan Smith challenging the legality of President Obama's war against the Islamic State.
A Heroic Operation to Free ISIL Prisoners...and a Reminder that the "Assist" Mission Can Mean U.S. Troops in Ground Combat
In a dramatic predawn raid, dozens of Delta Force operators deployed alongside elite Kurdish troops to raid an ISIL compound in Iraq in hopes of freeing prisoners who were under threat of imminent execution. It seems the mission was largely a success, though one American operator was shot and killed in the fighting, and several of the Kurds were wounded as well.
A Response to the “Drone Papers”: AUMF Targeting is a Deliberate Process with Robust Political Accountability
The Intercept’s “Drone Papers” leaker “believes the public has a right to know how the U.S. government decides to assassinate people.” But the documents themselves are hardly as damning as the breathless tone of the reporting suggests.
The war with the Islamic State turns one today, and yet we still have no authorization for the use of force against the group.
A few days ago, Ashley had an excellent post flagging an important shift in U.S.