Daily Press (Sunday)

Support Sen. Kaine’s effort to repeal 2002 AUMF

- By Carol Herrick Guest Columnist

Hidden within the tomes of statutory law, there lurks a significan­t threat to American troops, to our country, and to the integrity of war powers as defined by our Constituti­on: the 2002 Authorizat­ion for Use of Military Force Against Iraq.

This legislatio­n was passed by Congress in October 2002 to authorize the war against Saddam Hussein’s regime. But the regime was overthrown in 2003, and a formal end to the U.S. mission in Iraq was declared at the end of 2011. Since then, this outdated piece of legislatio­n has been used by successive U.S. presidents to unilateral­ly carry out ill-considered and unconstitu­tional acts of war.

Now, as we mark 20 years since the invasion of Iraq, one thing is clear: Repeal of the 2002 AUMF is long overdue. Fortunatel­y, Virginia’s own U.S. Sen. Tim Kaine has introduced legislatio­n to do exactly that.

The authority to wage fullscale war sits squarely with Congress, as outlined in Article I of our Constituti­on. However, the president can be granted permission to decree more

limited military action by passage of an AUMF. Perhaps, had calmer heads prevailed in October 2002, we would have wound up with a 2002 AUMF with a sunset clause, a much more clearly defined geographic scope, and a more narrowly defined mission.

Instead we are left with what

Kaine has aptly nicknamed a “zombie” AUMF, for the manner in which it has preternatu­rally been brought back to life whenever presidents want to wage new military action without consulting Congress.

These misuses of the 2002 AUMF are not party-specific.

President Barack Obama, for his part, referred to the 2002 AUMF as potential justificat­ion for his campaign against ISIS in Iraq and Syria. President Donald Trump, meanwhile, used the 2002 AUMF as legal justificat­ion for the assassinat­ion of Iranian Gen. Qassem Soleimani in early 2020 — a move that brought us terrifying­ly close to war.

Naysayers argue that getting this monster off the books would harm ongoing military missions, but no active missions draw solely upon this AUMF for justificat­ion. Others argue that repeal will weaken our military flexibilit­y. Balderdash. AUMF or no AUMF, the president has constituti­onal authority to order an immediate military response in cases of surprise or imminent attack on our country or troops.

President Joe Biden has sworn off the 2002 AUMF and supports its repeal, but we can’t assume that future presidents will agree. Brandishin­g an outdated AUMF, there’s no telling what horrifying military mischief a subsequent leader of the free world could send our troops into and foist upon innocents abroad.

Thankfully, the stars are aligned for the 2002 AUMF repeal success — but they won’t stay that way forever.

Led by our tireless champions — Kaine and Sen. Todd Young, R-Indiana — Senate lawmakers are primed to hold a floor vote on legislatio­n to repeal the 2002 AUMF next week. The administra­tion has pledged to sign such a bill should it pass both chambers and land on the president’s desk.

Kaine deserves many thanks from Virginians for his leadership in pushing for AUMF repeal. But the support of Sen. Mark Warner and the entire Virginia delegation in the House will be essential in getting this dangerous legislatio­n off the books.

Members of Congress: It’s time to lay the zombie 2002 AUMF to rest once and for all. Rally your peers to support Kaine’s crucial bill while simultaneo­usly reclaiming your constituti­onal responsibi­lity. In doing so, we can finally defeat this lesser-known but deadly menace to our citizens and our world.

Carol DiCaprio Herrick of Charlottes­ville is co-coordinato­r of the Virginia Network of Advocacy Teams, a group of advocates supported by the Friends’ Committee on National Legislatio­n that lobbies Congress on issues related to peace and justice.

 ?? SCOTT NELSON/GETTY ?? After Iraqi leader Saddam Hussein failed to meet the U.S.-imposed deadline to leave the country, armed forces from the United States, Britain, and other allied nations stormed Baghdad in March 2003. U.S. Army 3rd Division 3-7 Bradley vehicles wait inside the demilitari­zed zone between Kuwait and Iraq.
SCOTT NELSON/GETTY After Iraqi leader Saddam Hussein failed to meet the U.S.-imposed deadline to leave the country, armed forces from the United States, Britain, and other allied nations stormed Baghdad in March 2003. U.S. Army 3rd Division 3-7 Bradley vehicles wait inside the demilitari­zed zone between Kuwait and Iraq.

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