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