Secret Wars: Unauthorized Pentagon Combat And Legal Loopholes
Brennan Center Liberty & National Security Program

(January 18, 2023) — Little-known laws have enabled hostilities in the name of “security cooperation.” How should Congress address this danger?

Since 9/11, the United States has secretly engaged in armed conflict across the Middle East, Africa, and Asia for the sake of combating terrorism. The controversial 2001 Authorization for Use of Military Force has provided legal cover in many cases.

But lesser-known laws have also enabled hostilities in the name of “security cooperation” — authorizing the Pentagon to create and use paramilitaries without notifying key decision-makers in Congress and permitting presidents to counter not just terrorist groups but also states, such as China, Iran, and Russia.

Through these laws, a handful of government officials, working with minimal oversight and no notice to the public, could stumble the United States into a major conflict.

How should Congress address this danger? Join us on January 18 at 3 p.m. ET for a live discussion with Katherine Yon Ebright, counsel for the Brennan Center Liberty & National Security Program, Oona Hathaway, professor at Yale Law School, and Wesley Morgan, journalist and author of The Hardest Place: The American Military Adrift in Afghanistan’s Pech Valley. Moderator Elias Yousif, research analyst of Conventional Defense at the Stimson Center, will guide the discussion.

Learn more about the issue in our new Brennan Center report, Secret War

This event has been approved for one New York State CLE credit in the category of Areas of Professional Practice. The credit is both transitional and non-transitional; it is appropriate for both experienced and newly admitted attorneys. NYU School of Law is an accredited provider of CLE in New York State. If you are seeking CLE credit for a different state, we recommend you consult with your state’s CLE Board to ascertain regulations on reciprocity.

Please review these documents before the event. If you have questions regarding CLE credits, contact cle@brennan.law.nyu.edu.

Speakers:

• Katherine Yon Ebright, Counsel, Brennan Center Liberty & National Security Program
• Oona Hathaway, Professor of Law, Yale Law School
• Wesley Morgan, Journalist and Author, The Hardest Place: The American Military Adrift in Afghanistan’s Pech Valley
• Moderator: Elias Yousif, Research Analyst, Conventional Defense, Stimson Center