Al-Shabaab Under the AUMF
The Lawfare Podcast
The Lawfare Institute
4.7 • 6.4K Ratings
🗓️ 2 December 2016
⏱️ 46 minutes
🧾️ Download transcript
Summary
Earlier this week, the New York Times published a story by Charlie Savage, Eric Schmitt, and Mark Mazzetti informing us that the Obama administration had changed its interpretation of the 2001 Authorization for the Use of Military Force to more broadly cover the use of force against al-Shabaab, expanding its previous reading of the AUMF as only authorizing force against members of al-Shabaab individually linked to al-Qaeda. Bobby noted the story on Lawfare and provided a few comments. While the news has been somewhat drowned out amidst the hubbub of the presidential transition, the significance of this change in legal interpretation shouldn't be lost—so we brought Bobby and Charlie Savage on the podcast to talk with Benjamin Wittes about where this change came from and what it might mean.
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Transcript
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| 0:00.0 | The following podcast contains advertising. |
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| 0:14.0 | That's patreon.com slash law fair. |
| 0:18.0 | Also, check out LawFair's other podcast offerings, |
| 0:22.0 | rational security, chatter, law fair no bull, and the aftermath. |
| 0:29.0 | Maybe this self-defense exception can swallow the rule, |
| 0:37.0 | and become a loophole that opens the door to simply unconstrained |
| 0:42.0 | warfare once again under the label of self-defense. |
| 0:47.0 | But on the other hand, once you have troops on the ground, |
| 0:50.0 | and have partner forces, it is inevitable. |
| 0:52.0 | And so I think there was, in working through that during this year, |
| 0:56.0 | there was a growing sort of comfort with normalizing that situation |
| 1:01.0 | of sort of more regular self-defense strikes. |
| 1:05.0 | But there was also a recognition that if this was going to be something |
| 1:09.0 | that was going to be happening routinely, rather than, you know, once or twice in a blue moon, |
| 1:15.0 | it raised increasing pressures on for what the domestic legal authority was for these strikes. |
| 1:23.0 | I'm Quinteduristic, and this is the LawFair podcast, December 3, 2016. |
| 1:29.0 | Early this week, the New York Times published a story by Charlie Savage, Eric Schmidt, |
| 1:34.0 | and Mark Mazzetti, informing us that the Obama administration had once again expanded the scope |
| 1:40.0 | of the 2001 authorization for the use of military force. |
| 1:44.0 | Whereas the administration had previously considered the AUMF to cover military action |
... |
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