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The Lawfare Podcast

Lawfare Archive: War Powers and the Biden Administration

Jan 27, 2024
John Bellinger, former legal adviser at the State Department, and Scott Anderson, Lawfare senior editor, discuss Biden's military strikes in Syria, the Biden administration's justification for the strikes, limited congressional notification and pre-strike briefing, advanced consultation, authorization, and domestic politics, potential changes in national security strategy, continuity of U.S. administration's approach to war powers and preemptive war, PPG implementation and AUMF reform, and the challenges of closing Guantanamo.
01:03:40

Podcast summary created with Snipd AI

Quick takeaways

  • The Biden administration justified military strikes in Syria based on self-defense and the concept that Syria is unwilling or unable to address the threat.
  • The legal framework for the strikes combines international law principles of self-defense with domestic constitutional authority, rather than relying on previous congressional authorizations.

Deep dives

Legal Justifications for Strikes in Syria

The podcast episode discusses how the Biden administration justified its military strikes in Syria. The administration claims to act in self-defense and argues that the strikes were necessary to prevent ongoing or imminent attacks by non-state actors. This justification is based on the concept that the Syrian government is unwilling or unable to address the threat. The administration's legal framework combines international law principles of self-defense with domestic constitutional authority, rather than relying on previous congressional authorizations. The conversation also delves into the continuity of war powers policies across different administrations and the potential implications for future AUMF reform.

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