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NEW AUMF?

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Posted on April 19 2018

 

🇺🇸Authorized Use of Military Force🇺🇸

AUMF

2001 AUMF:

 

After the September 11, 2001 Terrorist attacks Congress codified AUMF. Unfortunately the “preamble” of the 2001 AUMF, is often overlooked, which is problematic. You can read the 2 page 2001 AUMF here 

 

Which emphasizes:

  • “acts of treacherous violence were committed against the United States and its citizens...” (emphasis added)
  • “such acts render it both necessary and appropriate that the United States exercise its rights to self-defense and to protect United States citizens both at home and abroad...”

 

 

 

The  2001 AUMF grants the President the authority to use all:

 

  • “necessary and appropriate force” against those whom he determines “planned, authorized, committed or aided” the September 11th attacks, or who harbored those persons or groups.”

 

  • the AUMF does NOT “supersede any requirement of the War PowersResolution.”
2002 AUMF -  PUBLIC LAW 107–243—OCT. 16, 2002:
In simple terms, the 2002 Codified AUMF, largely expands both the authority, scope and offers no geographical limitation but instead focuses heavily on Iraq, nuclear proliferation, chemical weapons and weapons of mass destruction. You can read the 6 page 2002 AUMF here
   
More broadly the 2002 AUMF states:
  • “against the continuing threat posed by Iraq.”
  • “refusing to release, repatriate,or account for non-Iraqi citizens wrongfully detained by Iraq,including an American serviceman..”
SEC. 3. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.
Section 3(b) of the 2002 AUMF :
  • “President shall, prior to such exercise or as soon thereafter as may be feasible, but no later than 48 hours after exercisingsuch authority, make available to the Speaker of the House of Representatives and the President pro tempore of the Senate..”

SEC. 4. REPORTS TO CONGRESS.
  • (a) REPORTS.—“The President shall, at least once every 60 days, submit to the Congress a report on matters relevant to this jointresolution, including actions taken pursuant to the exercise of authority granted in section 3 anthat are expected to be required..”
 

🇺🇸 2018 AUMF 🇺🇸

Earlier this week, in a rare show of bipartisanship, Senators Corker & Kaine, officially intruced UPDATED AUMF, you can read the 20 page Senate Bill here
It appears Congress is reasserting its oversight authority and codifying a 4 year review of the AUMF, starting in 2022. proposed legislation includes the following new provisions:
  • the use of all necessary and appropriate forces against al Qaeda, the Taliban and Islamic State, along with any designated associated forces
  • congressional review every four years over the military force
  • requires with the president to submitt a written proposal to modify, repeal, or leave the AUMF
  • mandatory reporting from the president to congress on all NEW designated forces; and immediate force from the president against designated forces with 48 hour notice to congress..

 

2018 Bill Summary Reads in part:
  • authorize the use of military force against the Taliban, al Qaeda, the Islamic State in Iraq and Syria, and designated associated forces, and to provide an updated, transparent, and sustainable statutory basis for counterterrorism operations.”

 

  • ...”for Congress to reaffirm the domestic legal basis for this ongoing conflict and the commitment of the political branches to victory, and to reassert
    the role of Congress in authorizing and conducting over-sight of the use of military force.
    .”

 

 SEC. 2. PURPOSE.

  • “(A) provides uninterrupted authority to use all necessary and appropriate force in the current and continuing armed conflict against the Taliban, al Qaeda, ISIS, and associated forces;“

 

6 SEC. 2. PURPOSE:
  • (C) provides for regular congressional re- view and debate of the authorization provided by this joint resolution
    • (3) To repeal the Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107–243; 116 Stat. 1498; 50 U.S.C. 1541 note)

 

 

“The Senate Foreign Relations Committee has exclusive jurisdiction over authorizations for use of military force and is scheduled to debate, amend, and vote on the proposed legislation the week of April 23.”

You can read the Senate Foreign Relations Committee, Chairman Corker’s Statement here

You can read Senator Kaine’s Statement here

 

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