Authorization for Use of Military Force (AUMF)

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Marik String on July 24 2019 at a Senate Committee on Foreign Relations hearing.

What the State Department Legal Adviser Promised Congress on Iran

Will Mr. Marik String keep his word?
People demonstrate against United States entering a war with Iran on the East Front of the US Capitol on January 9, 2020 in Washington, United States. A sign reads, “No war with Iran!”

How to Recover a Role for Congress and the Courts in Decisions to Wage War

A recent set of cases on congressional standing opens up an opportunity to restore Congress’ recourse to the courts for serious war powers violations—if Congress is willing…
US Secretary of State Mike Pompeo leaves the stage to US Secretary of Defense Mark Esper during a briefing on the past 72 hours events in Mar a Lago, Palm Beach, Florida on December 29, 2019.

Why the 2002 AUMF Does Not Apply to Iran

There is no congressional statute authorizing military attacks on Iran.
Mark Esper

Mark Esper vs. Mark Esper on the 2002 AUMF and Iran

In his recent nomination hearing for Secretary of Defense, Mark Esper told Senator Duckworth the 2002 AUMF would not cover military action against Iran.
A soldier sits in an U.S. Army helicopter as it flies outside of Camp Shorab on a flight to Camp Post on September 11, 2017 at Camp Shorab in Helmand Province, Afghanistan.

Hidden Gems: Civilian Casualties and Use of Force Reporting Provisions in the Annual Defense Bill

For all the ways that the NDAA falls short on various human rights issues, there are some bright spots that should not be overlooked.
US Secretary of the Army Mark Esper, nominee to be Secretary of Defense, testifies during a Senate Armed Services Committee confirmation hearing on Capitol Hill in Washington, DC, July 16, 2019.

What Did We Learn About Mark Esper and How He Views the World?

From Iran to Afghanistan to collective self-defense, the big takeaways from the Senate confirmation hearing for Mark Esper, nominated by the president to be defense secretary.…

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…
US Secretary of State Mike Pompeo arrives to announce the creation of the "Iran Action Group" during a press briefing at the State department in Washington, DC, August 16, 2018.

Unpacking the State Dept Acknowledgment that 2001 and 2002 AUMFs Don’t Authorize War Against Iran

An analysis of State Dept's major concession, whether the one stated exception is a loophole for military action, and what Congress should now do.
The State Department's director of policy planning and head of the Iran Action Group, Brian Hook, shakes hands with US Secretary of State Mike Pompeo after the announcement of the "Iran Action Group" during a press briefing at the State department in Washington, DC, August 16, 2018.

Asking the Right Question on Iran, Al-Qaeda and the AUMF

The President and senior members of his administration are trying to skew a critical public debate by framing it inaccurately. The stakes—including a potential new war in the…
The dome of the US Capitol Building

Take Back: How Congress Can Reclaim Its Power

Early in the Clinton administration, I served on the National Security Council staff when former Rep. Howard Berman, a California Democrat, called me one day to tell me that the…
U.S. Speaker of the House Nancy Pelosi (D-CA) answers questions during a press conference at the U.S. Capitol on May 09, 2019 in Washington, DC.

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…
Senate Majority Leader Mitch McConnell (R_KY) is trailed by reporters after speaking on the floor of the U.S. Senate on January 22, 2019 in Washington, DC.

Wolf in Sheep’s Clothing: Does the McConnell amendment provide a justification for military operations against Iran?

The Senate’s rebuke of President Trump announcing a precipitous withdrawal from Syria creates dangerous ambiguity as to whether confronting Iran should be considered part of…
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