No, I don’t think that is okay. I actually want more scrutiny over such designations. I don’t know exactly what enforcement would look like but I have some guesses.
Let’s say the Biden administration declared the Sinaloa Cartel in Mexico an “associated group.” Congress could pass legislation that revoked AUMF, specified, or specifically excluded the Sinaloa Cartel. Congress could also straight up impeach the president. Somebody could also sue the Biden Administration and then the judicial branch would probably determine whether the designation was reasonable. The issue with that is I can’t immediately think of who would have standing to sue because they have to face some sort of injury. Finally, I haven’t looked into it but if I had to guess there is another law or executive branch guidance that limits the President’s ability to do something like that and would result in the courts not allowing it.
Great article as always! I look forward to the Burnett Breakdown every week. Question though, do you think it’s ok for whichever Administration that is in charge to designate whoever it wants as Al-Qaeda or their affiliates so that they can utilize the AUMF? Or is there some more detailed guidance in that law that wasn’t covered?
No, I don’t think that is okay. I actually want more scrutiny over such designations. I don’t know exactly what enforcement would look like but I have some guesses.
Let’s say the Biden administration declared the Sinaloa Cartel in Mexico an “associated group.” Congress could pass legislation that revoked AUMF, specified, or specifically excluded the Sinaloa Cartel. Congress could also straight up impeach the president. Somebody could also sue the Biden Administration and then the judicial branch would probably determine whether the designation was reasonable. The issue with that is I can’t immediately think of who would have standing to sue because they have to face some sort of injury. Finally, I haven’t looked into it but if I had to guess there is another law or executive branch guidance that limits the President’s ability to do something like that and would result in the courts not allowing it.
Great article as always! I look forward to the Burnett Breakdown every week. Question though, do you think it’s ok for whichever Administration that is in charge to designate whoever it wants as Al-Qaeda or their affiliates so that they can utilize the AUMF? Or is there some more detailed guidance in that law that wasn’t covered?