Saturday, September 1, 2018

how many wars are we in today?

Still 19, same as reported last September. But the Administration has fleshed out its legal rationale and I wanted to share it.

Only this week [thanks to a friend's help] did I finally see the administration's twice yearly report to Congress on U.S. military operations by combat-equipped forces. It was sent to the Hill on June 8 but never posted on the White House website. The report shows that American personnel were deployed to 19 countries, the same number as in the December 2017 report. No real surprises here.

For a broader view of how this administration views it war powers, you should also note the "section 1264" report required by last year's National Defense Authorization Act. It can be found here, along with some helpful analysis on Lawfare.

In May, following U.S. air strikes on Syria,the [much-maligned] Justice Department issued a formal legal opinion by its Office of Legal Counsel [OLC] justifying those attacks. That opinion is here, again with some analysis on Lawfare.

As most of you know, I believe the Congress should be involved in approving all major military operations, and the 2001 AUMF being used to justify current operations in the Middle East has been stretched too far. A new one is needed. But Congress has proved unwilling to assert its proper war powers by sending one to the White House. That's an abdication of responsibility.