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Trump Administration Releases Overdue War Powers Report in Response to Lawsuit

Scott R. Anderson, Benjamin Wittes
Tuesday, October 20, 2020, 9:29 PM

On Oct. 20, 2020, the Trump administration publicly released the unclassified portion of a long-overdue report on the legal and policy frameworks for the use of military force.

Published by The Lawfare Institute
in Cooperation With
Brookings

On Oct. 20, 2020, the Trump administration publicly released the unclassified portion of a long-overdue report on the legal and policy frameworks for the use of military force. This report was originally due for release to both Congress and the public on Mar. 1 pursuant to 50 U.S.C. 1549. The Trump administration has provided no explanation as to why it failed to meet this statutorily required deadline. The Trump administration also posted the text of a cover letterdated Oct. 16 on the White House website indicating that both the unclassified report and a classified annex had been transmitted to Congress.

The release of this report was the result of a lawsuitby Lawfare editors Benjamin Wittes and Scott R. Anderson and the organization Protect Democracy, with representation from Democracy Forward. A copy of the unclassified report is available here and below.


Scott R. Anderson is a fellow in Governance Studies at the Brookings Institution and a Senior Fellow in the National Security Law Program at Columbia Law School. He previously served as an Attorney-Adviser in the Office of the Legal Adviser at the U.S. Department of State and as the legal advisor for the U.S. Embassy in Baghdad, Iraq.
Benjamin Wittes is editor in chief of Lawfare and a Senior Fellow in Governance Studies at the Brookings Institution. He is the author of several books.

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