2001 AUMF
74 Articles
“With a Little Help from Our Friends”: Prosecuting the ISIL “Beatles” in U.S. Courts
Civilian prosecution in U.S. courts remains by far the best option for reliably bringing the two ISIL detainees in U.S. custody to justice. The DoJ should look closely at whether…
Now is the Time to Repeal the 2002 AUMF
Repealing the 2002 AUMF would take an unnecessary force authorization off the books, ensure it can’t be improperly invoked to drag the U.S. into unauthorized war, and reassert…
New Legislation Offers Opportunity to Address 2001 Authorization for Use of Force, Amid Fears of War with Iran
Thanks to a new amendment that will be introduced today to must-pass legislation, Congress will have the opportunity to wrest greater control over its authorization of war under…
About that Trial Balloon on Using 9/11 AUMF to Authorize Strikes on Iran
Monday’s Washington Times included a breathless “Exclusive” report titled “Iran-al Qaeda Alliance May Provide Legal Rationale for U.S. Military Strikes.” In the piece,…
A New AUMF Is Not a Solution to “Endless War”
Seventeen years have now passed since the attacks of September 11, 2001, and the launching of wars against terrorist groups tied to those attacks. While Congress and the George…
Will Trump Administration Claim Congress Authorized Force against Iran?–Analysis of Existing Statutory Authority and New Proposals
Could recent Trump administration comments indicate an attempt to justify war on grounds beyond Iran’s nuclear program? If so, would the administration be able to make a serious…
Corker’s Proposal Hands Trump A Dangerous, Open-Ended War Authorization
While the media is focused on the Trump administration’s strikes against Syria, there’s another effort to entrench and expand the U.S. global war posture that’s getting less…
Doe v. Mattis: Is the War on ISIS Legal?
Many members of Congress, including those who voted for the 2001 and 2002 AUMFs, feel they haven’t authorized the current fight against ISIS. Unless the executive branch prolongs…
U.S. “Confronting” Iran inside Syria: Spoiling for an Unlawful Fight?
Russian President Vladimir Putin and Iranian President Hassan Rouhani meet during the BRICS/SCO Summits – Russia 2015 on July 09, 2015 in Ufa, Russia. (Photo by Alexey Filippov/Host…
The U.S. Strike against Pro-Assad Forces and the 2001 AUMF
U.S. officials have said that the U.S.-led coalition in Syria struck pro-Assad forces that were advancing inside an established “de-confliction” zone and toward a military…
Smith v. Obama: The Political Question Doctrine Misapplied
Having joined The Constitution Project in an amicus brief in Smith v. Obama, I am disappointed the U.S. District Court for the District of Columbia decided to dismiss the case…
State Dep’t Legal Adviser’s Answer to “Acute Question” on US Mil. Action against Al-Shabaab
On Friday, the Legal Adviser of the State Department, Brian Egan answered questions posed to him by New York Times journalist Charlie Savage on the current reach of Congress’s…