Bobby Chesney and Scott Anderson on the Corker-Kaine AUMF
The Lawfare Podcast
The Lawfare Institute
4.7 • 6.4K Ratings
🗓️ 20 April 2018
⏱️ 47 minutes
🧾️ Download transcript
Summary
Last week, Sens. Bob Corker and Tim Kaine introduced a proposal to reshape the legal authorization for U.S. counterterrorism operations abroad. On Thursday, Susan Hennessey sat down with Bobby Chesney, co-founder of Lawfare and professor at the University of Texas at Austin School of Law, and Scott Anderson, Lawfare senior editor and former State Department lawyer, to talk about the proposal. They discussed the current status of the authorization for use of force, what the new proposal says, and it’s prospects in this Congress.
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| 0:00.0 | The following podcast contains advertising to access an ad-free version of the LawFair |
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| 0:25.6 | no bull and the aftermath. |
| 0:32.6 | The best part is that the statute anticipates that there will of course be a |
| 0:37.2 | circumstances in which the president encounters a new potential associated force |
| 0:41.6 | and wants to so designate them. In the decade and a half old practices that the |
| 0:45.5 | executive branch makes such a determination and there are certain ways in which |
| 0:49.0 | these days Congress may may not be notified about it. It's not clear that the |
| 0:54.2 | public would ever be told and I use the example of a QIM. They may be in now we |
| 0:58.0 | just don't really know. And that to me is one of the things that's critical to |
| 1:00.8 | bear in mind is we look at this part of who's covered. The president is given |
| 1:05.2 | authority and it's sort of recognized in the statute. Not sort of is recognized |
| 1:09.4 | in the statute. The president can name additional associated forces that meet the |
| 1:13.0 | definition, talk about in a second, but he's then got to notify Congress and issue a |
| 1:18.1 | written justification for it and then it triggers fast track review procedures. |
| 1:22.6 | Of course it's always the case that Congress can decide to try to legislate so |
| 1:26.3 | how is this different. The thing that's different is that the procedural obstacles |
| 1:30.6 | that ordinarily could have things buried and committed are overridden by |
| 1:34.0 | statute such that some members gonna step up and say I want there to be a |
| 1:37.9 | bill to overturn that decision about an associated force. It can't just be |
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