Discover and read the best of Twitter Threads about #2002AUMF
Most recents (3)
The @Biden admin's 1st strikes are said to be "in response to" recent attacks by "Iranian-backed militant groups" in #Syria.
A few things:
Int'l Legal Basis: I *hope* they mean in self-defense against an imminent threat of armed attack by these groups
defense.gov/Newsroom/Relea…
A few things:
Int'l Legal Basis: I *hope* they mean in self-defense against an imminent threat of armed attack by these groups
defense.gov/Newsroom/Relea…
The use of force is *prohibited* absent a valid claim of self-defense (or UN Security Council authorization, not an option here).
Force cannot be used for deterrence or retaliation.
And force must be *necessary* (in addition to "proportionate" as @DeptofDefense states).
Force cannot be used for deterrence or retaliation.
And force must be *necessary* (in addition to "proportionate" as @DeptofDefense states).
Domestic Law:
The @Biden admin should disavow #Trump-era claims that the #2002AUMF authorizes strikes against #Iran or Iran-backed militias.
But that would mean relying on the President's unilateral Art. II authority for these strikes...
justsecurity.org/67993/why-the-…
The @Biden admin should disavow #Trump-era claims that the #2002AUMF authorizes strikes against #Iran or Iran-backed militias.
But that would mean relying on the President's unilateral Art. II authority for these strikes...
justsecurity.org/67993/why-the-…
<Thread>
I just published this article.👇
January 15: State Department's Acting Legal Adviser briefs the Senate in classified setting on #Iran.
Three key things he told the Senate (#SFRC) in 2019 on president's power to use force against Iran...
justsecurity.org/68053/what-the…
I just published this article.👇
January 15: State Department's Acting Legal Adviser briefs the Senate in classified setting on #Iran.
Three key things he told the Senate (#SFRC) in 2019 on president's power to use force against Iran...
justsecurity.org/68053/what-the…
2. In 2019, the Acting Legal Adviser promised the Senate the administration would submit a PUBLIC, UNCLASSIFIED report if the administration’s position on Iran changed
Read expert analysis from @ritasiemion and @BenjaminEHaas on the 30-Day Clock:
justsecurity.org/68025/the-30-d…
Read expert analysis from @ritasiemion and @BenjaminEHaas on the 30-Day Clock:
justsecurity.org/68025/the-30-d…
@ritasiemion @BenjaminEHaas 3. In 2019, the Acting Legal Adviser told @SenJeffMerkley international law constrains Trump's Article II authority to use force against Iran.
Top legal scholars now write that #Soleimani #Shahlai strikes failed the test.
cc: @oonahathaway @AdHaque110
justsecurity.org/68008/u-s-lega…
Top legal scholars now write that #Soleimani #Shahlai strikes failed the test.
cc: @oonahathaway @AdHaque110
justsecurity.org/68008/u-s-lega…
Gigantic implication of reported #Shahlai operation:
Says this was connected to Saudi war in #Yemen.
What on earth is the legal authority for that?
Not the #2002AUMF for Iraq.
Not the 2001AUMF for September 11.
No authority to use force against Houthis let alone Iran there.
Says this was connected to Saudi war in #Yemen.
What on earth is the legal authority for that?
Not the #2002AUMF for Iraq.
Not the 2001AUMF for September 11.
No authority to use force against Houthis let alone Iran there.
Washington Post:
"The attempted strike on Shahlai also marks a departure for the Pentagon's mission in Yemen, which has sought to avoid direct involvement in fighting between Houthi forces and those backed by the Saudi-led coalition."
"The attempted strike on Shahlai also marks a departure for the Pentagon's mission in Yemen, which has sought to avoid direct involvement in fighting between Houthi forces and those backed by the Saudi-led coalition."
Is there a missing War Powers Report for the #Shahlai strike?
Read the Department of Defense's letter to Congress in 2018 which suggests this kind of action would trigger the reporting requirement under the #WarPowersResolution.
cc: @oonahathaway
assets.documentcloud.org/documents/4390…
Read the Department of Defense's letter to Congress in 2018 which suggests this kind of action would trigger the reporting requirement under the #WarPowersResolution.
cc: @oonahathaway
assets.documentcloud.org/documents/4390…
