The AUMF and The Road Not Taken.

I’m reading Ron Suskind’s “The One Percent Doctrine.” I haven’t gotten too far, but my eyebrows definitely went up when I read that the draft of the Authorization for the Use of Military Force that administration lawyers submitted to Congress just after the September 11 attacks would have authorized the President to use all necessary and appropriate military force even within the United States in order to prevent future attacks. The language about domestic deployment of military force didn’t make the final cut in Congress.

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3 Responses

  1. Ryan Walters says:

    It seems to me that the administration has argued that is the road Congress took when it passed the AUMF. The text that passed Congress didn’t specifically limit the administration to pursuing al Qaeda outside the United States. If you read the text alone, administration lawyers have a decent argument that AUMF justified wiretapping, albeit one Hamdan just evisicerated.

  2. Paul Gowder says:

    One wonders if there’s a classified “signing statement” lying around somewhere saying “Congress really didn’t mean to delete that domestic language.”

  3. “…would have authorized the President to use all necessary and appropriate military force even within the United States in order to prevent future attacks.”

    yeah I had a similar reaction (I mean my eyebrows wouldn’t come down for a week)when I read that previously, military forces had also been deployed to DC and Gettysburg and countless other locations with a similar mandate.

    Thanks for calling this to our attention. It is important that we all remember that once the enemy crosses our shorelines, they then become simply a criminl enforcement problem…and thus worthy and deserving of the full support of the ACLU and other like-minded groups.