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.

 

Latest in AUMF

AUMF: Legislative Reaffirmation

Would the Corker-Kaine AUMF Authorize Military Strikes in Iran? A Response to Bobby Chesney

The Corker-Kaine AUMF would prevent the president from designating a nation as an “associated force” under the bill, regardless of whether it is a state sponsor of terrorism. But it doesn’t take much imagination to see how that prohibition could be evaded in practice.

AUMF

A Fast Track to Nowhere: ‘Expedited Procedures’ and the New AUMF Proposal

The new draft AUMF promotes greater transparency and congressional involvement in deciding on the scope of U.S. counterterrorism operations, but it primarily serves to give Congress political leverage. As a legal matter, it leaves the president firmly in control.

Detention & Guantanamo

Full Audio of Oral Argument in Al-Alwi v. Trump

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.

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