Chattanooga Times Free Press

Congress to revisit 9/11 law enabling ever-expanding war

- BY CHARLIE SAVAGE

WASHINGTON — A Navy SEAL, killed alongside civilians in a January raid on a village in Yemen. Another SEAL, killed while accompanyi­ng Somali forces on a May raid. And now four Army soldiers, dead in an ambush this month in Niger.

These U.S. combat deaths — along with those of about 10 service members killed this year in Afghanista­n and Iraq — underscore how a law passed shortly after the Sept. 11, 2001, terrorist attacks has been stretched to permit open-ended warfare against Islamic militant groups scattered across the Muslim world.

The law, commonly called the AUMF, on its face provided congressio­nal authorizat­ion to use military force only against nations, groups or individual­s responsibl­e for the attacks. But while the specific enemy lawmakers were thinking about in September 2001 was the original al-Qaida and its Taliban host in Afghanista­n, three presidents of both parties have since invoked the 9/11 war authority to justify battle against Islamic militants in many other places.

On Monday, Defense Secretary Jim Mattis and Secretary of State Rex Tillerson will testify before the Senate Foreign Relations Committee as lawmakers renew a debate over whether they should update and replace that law, revitalizi­ng Congress’ constituti­onally assigned role of making fundamenta­l decisions about going to war.

But even as President Donald Trump’s administra­tion moves to ease some Obama-era constraint­s on counterter­rorism operations, political obstacles to reaching a consensus on new parameters for a war authorizat­ion law look more daunting than ever.

Previous efforts collapsed under disagreeme­nts between lawmakers opposed to restrictin­g the executive branch’s interpreta­tion of its current wartime powers and those unwilling to vote for a new blank check for a forever war. Among the disputes: whether a replacemen­t should have an expiration date, constrain the use of ground forces, limit the war’s geographic scope and permit the government to start attacking other militant groups merely associated with the major enemies it would name.

Trump is giving the Pentagon and the CIA broader latitude to pursue counterter­rorism drone strikes and commando raids away from traditiona­l battlefiel­ds. Two government officials said Trump had recently signed his new rules for such killor-capture counterter­rorism operations, without major changes to an interagenc­y agreement first described last month by The New York Times.

Under the new Trump rules, the administra­tion will approve a “persistent campaign of direct action” for various countries where Islamic militants are operating, without higher-level review of particular strikes, and targets may include any suspected member of a group deemed covered by the 9/11 war authorizat­ion.

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