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The Lawfare Podcast

The Lawfare Podcast: Senator Tim Kaine on the One Year Anniversary of the War with ISIS

The Lawfare Podcast

The Lawfare Institute

History, Military, International Relations, Government, Constitutional Law, News, International Law, Current Events, Politics, Rule Of Law, Law, Foreign Policy, Diplomacy, National Security, Intelligence, Terrorism

4.76.4K Ratings

🗓️ 7 August 2015

⏱️ 57 minutes

🧾️ Download transcript

Summary

The war with ISIS turns one today. This week, Senator Kaine marked the anniversary of the fight with a speech at the Cato Institute, which has generously allowed us to use the audio for the podcast. With more than 5,000 airstrikes, more than 3,500 troops on the ground, and new fronts opening with Division 30 and the Turkish military, Senator Kaine wonders how it is that Congress has still failed to live up to, in his view, it most solemn duty---that of authorizing war. In his address, Kaine explores how Congress’s failure is fundamentally transforming the Congressional-Executive relationship and even the presidency itself.

 

Gene Healy, Vice President of the Cato Institute, moderated the discussion.

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Transcript

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0:00.0

The following podcast contains advertising.

0:04.0

To access an ad-free version of the LawFair podcast,

0:08.0

become a material supporter of LawFair at patreon.com slash law fair.

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

What has one year meant?

0:32.0

One year of war against ISIL has stretched the 2001 authorization for use of military force

0:37.0

that was passed to defeat the perpetrators of September 11th,

0:41.0

far beyond its original meaning or intent.

0:43.0

In fact, I would argue that the Bush and Obama interpretations of the 2001 authorization

0:50.0

actually are 180 degrees different than what was intended.

0:55.0

There was an authorization that the Bush administration tried to get Congress to pass

1:00.0

right after 9-11.

1:01.0

It said, we give the President the ability to take action against nations or organizations

1:07.0

that want to harm the United States.

1:09.0

It was a blanket-all purpose authorization.

1:12.0

And even in the aftermath of 9-11, Congress was smart enough to say, hold on a second.

1:16.0

But the administration blossed that the Bush administration put on this,

1:20.0

that the Obama administration has continued to even expand.

1:23.0

It basically has transformed the 9-11 authorization today into exactly what the Congress rejected

1:30.0

two days after the 9-11 attacks.

...

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