Counterterrorism
Transcript of the President's Remarks on the Administration's Approach to Counterterrorism
A transcript of President Obama's final planned national security address.


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
A transcript of President Obama's final planned national security address.
A detailed summary of the White House report on the legal and policy frameworks guiding the use of military force and related nation security operations.
It just is not possible to read this document and not come away with a sense that the administration has endeavored to think through the range of issues it confronts in overseas terrorism operations in a systematic fashion and to make the framework it has developed as public as possible.
Why Congress should update the 15+ year-old AUMF.
In a post earlier today, I highlighted a variety of recent developments in which the Obama administration has adjusted constraints on using force under color of the AUMF, based in part
September 10 marks a significant milestone in the "Forever War."
Even though Republicans and Democrats have overwhelmingly labeled the Orlando mass-murder a terrorist attack, it’s unlikely that either side will introduce an AUMF. Both sides talk about Orlando in national security terms without being willing to step up to the constitutional plate.
These kinds of advocacy lawsuits against the President in the national security arena often have perverse effects on the resulting law. The intent is generally to force constraints onto the executive branch, but the further along this lawsuit gets, the greater the risk it will result in less, rather than more, accountability and constraint on the Executive’s power.
An outline of the key points in the complaint submitted by Captain Nathan Smith challenging the legality of President Obama's war against the Islamic State.
Charlie Savage’s piece on the legal basis for the March 5 U.S. strike against an al Shabaab training camp, which allegedly killed 150 fighters, raises the intriguing question of whether the AUMF has been stretched yet again, this time to justify U.S. operations against al Shabaab as a whole.