Al Qaeda Is Dead, Long Live Al Qaeda

Fight disinformation: Sign up for the free Mother Jones Daily newsletter and follow the news that matters.


A few days ago I linked to a Washington Post story suggesting that the original Al Qaeda network was all but dead. It was late at night when I posted about it, so I didn’t bother musing on the legal implications of this, but Robert Chesney picks up the ball and suggests that it matters. Sure, he says, the guys in Yemen might call themselves Al Qaeda, but the post-9/11 Authorization for the Use of Military Force doesn’t care:

The AUMF, famously, encompasses at least the original al Qaeda network and those who harbor it. Whether it applies as well to entities like AQAP is a much-debated question, raising difficult issues regarding both how one defines the organizational boundaries as al Qaeda and whether the AUMF should be read to include, implicitly, authority to use force as well against organizations that can be described as the functional equivalent to co-belligerents (and, if so, what the criteria are for defining that set). With the potential demise of the “core” al Qaeda leadership, these questions will become still more difficult….I expect that this will become an increasingly significant set of issues in the years ahead.

In theory, this sounds right. In practice, we launched a drone war against AQAP in Yemen and no one blinked. Ditto for a military operation against Libya, which had nothing even arguably to do with al-Qaeda. In that case, Congress roused itself from its torpor just enough to growl slightly, but then fell immediately back into a coma. Legalities aside, virtually no one in Congress seems much interested in deciding whether the AUMF has had its day and should no longer be considered an all-purpose excuse for military action in any country that shares a majority religion with Afghanistan.

But they should.

AN IMPORTANT UPDATE

We’re falling behind our online fundraising goals and we can’t sustain coming up short on donations month after month. Perhaps you’ve heard? It is impossibly hard in the news business right now, with layoffs intensifying and fancy new startups and funding going kaput.

The crisis facing journalism and democracy isn’t going away anytime soon. And neither is Mother Jones, our readers, or our unique way of doing in-depth reporting that exists to bring about change.

Which is exactly why, despite the challenges we face, we just took a big gulp and joined forces with the Center for Investigative Reporting, a team of ace journalists who create the amazing podcast and public radio show Reveal.

If you can part with even just a few bucks, please help us pick up the pace of donations. We simply can’t afford to keep falling behind on our fundraising targets month after month.

Editor-in-Chief Clara Jeffery said it well to our team recently, and that team 100 percent includes readers like you who make it all possible: “This is a year to prove that we can pull off this merger, grow our audiences and impact, attract more funding and keep growing. More broadly, it’s a year when the very future of both journalism and democracy is on the line. We have to go for every important story, every reader/listener/viewer, and leave it all on the field. I’m very proud of all the hard work that’s gotten us to this moment, and confident that we can meet it.”

Let’s do this. If you can right now, please support Mother Jones and investigative journalism with an urgently needed donation today.

payment methods

AN IMPORTANT UPDATE

We’re falling behind our online fundraising goals and we can’t sustain coming up short on donations month after month. Perhaps you’ve heard? It is impossibly hard in the news business right now, with layoffs intensifying and fancy new startups and funding going kaput.

The crisis facing journalism and democracy isn’t going away anytime soon. And neither is Mother Jones, our readers, or our unique way of doing in-depth reporting that exists to bring about change.

Which is exactly why, despite the challenges we face, we just took a big gulp and joined forces with the Center for Investigative Reporting, a team of ace journalists who create the amazing podcast and public radio show Reveal.

If you can part with even just a few bucks, please help us pick up the pace of donations. We simply can’t afford to keep falling behind on our fundraising targets month after month.

Editor-in-Chief Clara Jeffery said it well to our team recently, and that team 100 percent includes readers like you who make it all possible: “This is a year to prove that we can pull off this merger, grow our audiences and impact, attract more funding and keep growing. More broadly, it’s a year when the very future of both journalism and democracy is on the line. We have to go for every important story, every reader/listener/viewer, and leave it all on the field. I’m very proud of all the hard work that’s gotten us to this moment, and confident that we can meet it.”

Let’s do this. If you can right now, please support Mother Jones and investigative journalism with an urgently needed donation today.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate