U.S. Sen. Tammy Duckworth (D-IL) recently sent correspondence to U.S. Defense Secretary Mark Esper, pressing for information regarding the legal basis used for the military operation that killed Iranian Gen. Qasem Soleimani.
“During your confirmation hearing before the Senate Armed Services Committee, I asked you if the 2001 Authorization for Use of Military Force (AUMF) or the 2002 AUMF provided legal authorization to use military force against Iran,” Duckworth said. “In your sworn testimony, you affirmed that neither AUMF provided the Executive Branch with authority to use our military against Iran.”
Duckworth proceeded to provide that testimony in her letter. In that exchange, Esper had at the time argued that the United States would have the right of self-defense if Iran attacked but admitted that neither the 2001 or the 2002 AUMFs applied to Iran since it, as a country, could not be considered a terrorist group or organization.
Duckworth says the administration, however, is claiming the 2002 AUMF allowed for the Soleimani strike. Calling the need for an answer to the legality question a vital one for the rule of law, the senator offered a deadline in return.
“Specifically, I ask that no later than Monday, January 13, 2020, DoD post on its public website the specific legal memorandums or simply the list of authorities under which it acted,” Duckworth said.