Authorization for Use of Military Force (AUMF)
252 Articles
The Premature Discussion of ISIS and the 2001/2002 AUMFs
Our friends over at Lawfare have been pondering what the legal authority might be for the President to order air strikes against ISIS in Iraq and/or Syria. Such speculation is…
Ending the Forever War: One Year After President Obama’s NDU Speech
Today, May 23, 2014, marks the one-year anniversary of President’s important speech at the National Defense University (NDU) setting forth his proposed framework for post-9/11…
NDAA Followup: Outcome on Amendments a Mixed Bag
Here’s a quick follow-up on what happened to the five proposed amendments to the House version of the FY2015 National Defense Authorization Act (NDAA) that I flagged yesterday.…
Summary of Key Developments from Yesterday’s SFRC Hearing
[Editor’s Note: Nathalie Weizmann, an Associate Research Scholar and Senior Director of the Counterterrorism and Human Rights Project at Columbia Law School’s Human Rights…
The one news item from today’s AUMF hearing
Consistent with the President’s recent War Powers reports, DOD General Counsel Stephen Preston confirmed that Al Qaeda in the Arabian Peninsula (AQAP) is the only “associated…
Senate Foreign Relations Committee Hearing on the AUMF after Iraq and Afghanistan
This morning at 10:00am, the Senate Foreign Relations Committee is holding an important hearing on the future of the AUMF after Iraq and Afghanistan. Testifying before the committee…
5 Key NDAA Amendments to Watch For
Congress is considering the National Defense Authorization Act this week, and several proposed amendments in the House to this annual authorization bill would have significant…
Are AQAP Domestic Insurgents in Yemen Covered by the AUMF?
According to Dan Klaidman’s excellent book, President Obama and John Brennan drew a red line in 2011: The United States would target members of Al Qaeda in the Arabian Peninsula…
Petition denied in Hedges
The Supreme Court this morning unsurprisingly, and without comment, denied the petition for certiorari in Hedges v. Obama, No. 13-758. The plaintiffs in Hedges challenged the…
Realpolitik and Closing Guantánamo: A Response to Deborah Pearlstein
A few weeks back, I posted about my new Fordham Law Review essay, “Detention After the AUMF,” which explains how the President could use existing authority–to…
Hussain and AUMF Repeal
In light of the ongoing discussion regarding Justice Breyer’s interesting statement regarding denial of certiorari in Hussain, I thought I’d flag a separate, but related,…
Justice Breyer’s intriguing suggestions in Hussain: A sign of habeas challenges to come?
Last month I predicted that one or more Justices would issue a separate opinion when the Court denied certiorari in Hussain, and that the likely topic of such an opinion would…