FEATURED:

Niger deaths ramp up pressure for new military authorization

Niger deaths ramp up pressure for new military authorization
© Getty

The ambush in Niger that killed four U.S. soldiers has ramped up the pressure on Defense Secretary James MattisJames Norman MattisOvernight Defense: US, South Korea cancel another military exercise | Dozen sailors injured in chopper crash on aircraft carrier | Navy vet charged with sending toxic letters US, South Korea cancel another military exercise Top US Afghan commander drew his sidearm during this week's attack: report MORE and Secretary of State Rex TillersonRex Wayne TillersonWatchdog org: Tillerson used million in taxpayer funds to fly throughout US Trump administration rigging the game, and your retirement fund could be the loser Haley’s exit sends shockwaves through Washington MORE, who are preparing to testify Monday before the Senate on war authorizations.

Senators on the Foreign Relations Committee are expected to pepper the pair with questions about the expansion of the war against the Islamic State in Iraq and Syria (ISIS) into Africa, with some insisting the new battlefield should require an update to the 16-year-old authorization for the use of military force (AUMF). 

“I am very disturbed at the authorities question … just the extent of the operations,” Sen. Tim KaineTimothy (Tim) Michael KaineAmerica’s ball cap industry is in trouble Overnight Defense: Trump says 'rogue killers' could be behind missing journalist | Sends Pompeo to meet Saudi king | Saudis may claim Khashoggi killed by accident | Ex-VA chief talks White House 'chaos' | Most F-35s cleared for flight Democrats torch Trump for floating 'rogue killers' to blame for missing journalist MORE (D-Va.) said this week after a classified briefing on Niger. “I don’t think Congress has necessarily been kept completely kept up to date, and the American public I think certainly has not.”

Still, the hurdles that have kept Congress from passing a new AUMF in the past, including deep divisions over sunset dates, ground troops and geographic constraints, remain. That leaves the chances of success for this latest push unclear.

ADVERTISEMENT

Monday’s hearing on the AUMF will be Mattis and Tillerson’s first public one specifically on the issue, though the pair briefed the committee on it behind closed doors and have been asked about it at broader public hearings.

The Trump administration relies on the 2001 AUMF for legal authority in the war against ISIS, as did the Obama administration before it. 

The AUMF authorized military actions against al Qaeda, the Taliban and other perpetrators of the Sept. 11, 2001, terrorist attacks. Proponents of using it against ISIS argue that the terrorist group grew out of al Qaeda, while opponents highlight the two groups’ public falling-out as well as the fact that ISIS did not exist in 2001.

The administration told Congress in a letter earlier this year that it believes the 2001 AUMF provides sufficient legal cover for the ISIS war, and so it is not seeking a new one. 

But after Mattis and Tillerson briefed the Senate Foreign Relations Committee on the issue behind closed doors in August, senators said they were under the impression that the administration would not actively oppose Congress passing a new AUMF. 

Indeed, Mattis has said publicly he thinks a new AUMF is important to signal support for the mission.

“As far as the AUMF goes, my point is that we need the unity of the American government, and with the Congress involved that brings the unity of the American people to this fight,” Mattis told the House Armed Services Committee earlier this month.

The AUMF debate has reignited a few times before in the Trump administration, to no avail, most notably after President Trump ordered a U.S. strike on a Syrian airbase and when Trump has appeared to threaten military action against North Korea.

The latest impetus for the debate is the Oct. 4 ambush by ISIS-affiliated militants in Niger that killed Sgt. La David Johnson, Staff Sgt. Bryan Black, Staff Sgt. Jeremiah Johnson and Staff Sgt. Dustin Wright.

Some lawmakers have said they were unaware of the extent of the U.S. mission in Niger prior to the attack, which they have argued shows the need for Congress to reassume its role in declaring war. 

Kaine, who for years has been one of Congress’s most vocal proponents of a new AUMF, emerged Thursday from the briefing on Niger saying he has more urgency in his quest than before, as well as more to ask at Monday’s open hearing with Mattis and Tillerson.

“Some things that came out of there that I can ask at an open hearing on Monday, I’m going to because I think the extent of the operations, the number of countries, would be surprising to people,” Kaine said, declining to say what specifically he plans to ask.

Senate Foreign Relations Committee Chairman Bob CorkerRobert (Bob) Phillips CorkerCorker: US must determine responsibility in Saudi journalist's death Dem senator calls for US action after 'preposterous' Saudi explanation Schumer: Fight for Senate is 'neck and neck' MORE (R-Tenn.), a Trump critic who has warned that the president’s rhetoric could set off "World War III," said there are a number of issues to address in the AUMF debate. 

“I think that what’s happened in Niger and what’s happening around the world and then some of the things that are happening in the North Korea issue and the conflict there, the conflict that could occur there — I think it’s going to end up being much more expansive than originally thought, so we’re probably going to take our time, not just walking through the AUMF for ISIS, but also to walk through other things that a White House can do without congressional authority,” Corker said this week.

Asked what he wants to hear from Mattis and Tillerson, Corker would not say, instead telling reporters what time the hearing starts.

His Democratic counterpart on the committee, ranking member Sen. Ben CardinBenjamin (Ben) Louis CardinGOP leaders hesitant to challenge Trump on Saudi Arabia Dem senator: Trump accepts Saudi denials because he is 'enamored' with dictators Saudi mystery drives wedge between Trump, GOP MORE (D-Md.), agreed that the Niger attack has underscored the need for a new AUMF.

“Having said that, the challenge of getting one done is not going to be easier,” he continued. “There are those who believe the president should have broad powers. There’s those of us who are worried about having our troops called in when they shouldn’t. So it’s hard to get that balance.”

Cardin, who does not believe the 2001 AUMF covers ISIS, said it would be counterproductive to debate those legalities on Monday. Rather, he said, it’s time to find out if there can be common ground on time limits, geographic limits and ground troops. 

“I think what we’re going to try to find out is what authorization do they need,” he said. “And to try to see whether we can’t agree on limitations on authorizations that could get us significant — enough support in Congress to pass an AUMF.” 

Though the Foreign Relations Committee has jurisdiction over the AUMF, Senate Armed Services Committee Chairman John McCainJohn Sidney McCainMeghan McCain calls Russian attacks against her father the 'highest compliment' to her family Arizona Dems hope higher Latino turnout will help turn the state blue McConnell: GOP could try to repeal ObamaCare again after midterms MORE (R-Ariz.) has said he is also working on a new authorization in the wake of the Niger attack with Armed Service ranking Democrat Sen. Jack ReedJohn (Jack) Francis ReedOvernight Defense: Trump asks Turkey for evidence on missing journalist | Key Dem calls for international probe | Five things to know about 'MBS' | Air Force struggles to determine cost of hurricane damage to F-22 jets Trump administration doesn't have ambassadors in Saudi Arabia or Turkey Top Armed Services Dem calls for international probe into missing Saudi journalist MORE (R.I.).

“Jack Reed and I are talking about an AUMF,” McCain said Thursday. “Obviously this conflict, with Raqqa and Mosul, is moving now into Africa.”

Raqqa, Syria, was ISIS’s de facto capital, while the Iraqi city of Mosul was the largest city ever held by the group. Both cities have been retaken by U.S.-backed forces.

When McCain said that he and Reed have discussed the AUMF issue for years, a reporter replied that that doesn’t bode well for the authorization’s chances. But McCain said the Niger attack could change that. 

“This is the kind of catalyst that argues for an AUMF,” McCain said.