'POTUS is seen by many of our adversaries as a weak, frail leader. By failing to act, in this case by not reclaiming war powers, Congress is inadvertently sending a message to others that it’s comfortable ceding its war powers to Biden.' -Cully Stimson
, which was passed on Sept. 18 of that year, seven days after the attacks of 9/11, is the only domestic statutory authority we relied on—and rely on today—to capture, interrogate, and detain terrorists.
Furthermore, repealing the 1991 and 2002 Iraq AUMFs will not limit us, militarily or otherwise, from conducting operations around the globe to target, capture, disrupt, surveil, or kill—consistent with law of armed conflict and our treaty obligations—the limited class of terrorists who fall under the 2001 AUMF, including al-Qaeda, Taliban, ISIS, or associated forces.
At a time when China is building military bases out of sand spits in the South China Sea, growing its Navy, and eyeing Taiwan, and asdigs in further in Ukraine, Congress needs to demonstrate to the world that its members are adept at debating, discussing, and exercising their war powers consistent with their constitutional duty.
As this debate unfolds, some have taken the position that repealing the 1991 and 2002 Iraq AUMFs will relieve the Biden administration of its obligation to protect America. Sen. Ted Cruz, R-Texas, summed it up best when hethat any repeal will be “used as an excuse by the Biden administration to roll over and do nothing if and when Iran attacks and murders American soldiers, sailors, airmen and Marines in the Middle East.
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