For this project you will take on the role of government officials and write policy memorandums to President Biden following a hypothetical attack on U.S. citizens in Afghanistan. The memorandums should be similar in format to John Yoo’s “The President’s Constitutional Authority to Conduct Military Operations Against Terrorists and Nation’s Supporting Them” or Harold Koh’s written testimony on Libya (PDF), but need not be nearly as long.
When writing, please take on the position and tone of the organization you are representing.
The memos should be between 1250–2000 words and should be submitted by 11:59 pm on the date of Class 13. Please ensure all group member names are listed.
Background
Early in the morning on Saturday, September 30, 2023, twelve aid workers operating a medical clinic outside the city of Herat in western Afghanistan were brutally assaulted and murdered. Cell phone footage of the blindfolded aid workers being led through the streets before being executed has been widely broadcast on international media. The medical clinic was operated by an Arkansas-based humanitarian organization, Good Samaritan’s Hospitals. Among the twelve aid workers killed were eight American citizens, three French citizens, and a British citizen. Good Samaritan’s Hospitals is one of a relatively few international aid organizations that continued delivering services in Afghanistan after the collapse of the U.S.-backed Afghan Government in August 2021. Since 2021, Taliban fighters have frequently harassed the aid workers, and in 2022 forced the group to withdraw all women employees. Throughout 2022 and 2023, Good Samaritan’s Hospitals continued providing care to Afghans at four hospitals throughout the country, but also increasingly called on the Taliban government to rescind their ban on women working for aid agencies.
Although the Taliban has publicly blamed the killings on ISIS-K, the U.S. Intelligence Community assesses with high confidence that Taliban officials were responsible for the attack. Sensitive intelligence reporting indicates that Noor Mohammad Islamjar, the Taliban governor of Herat province, ordered the operation. He was reportedly angered by Good Samaritan’s increasingly vocal criticism of the Taliban government.
At 7 pm on Sunday, October 1, President Biden issued a brief statement condemning the Taliban’s brutal act of violence and pledged to hold those responsible accountable. He also directed the National Security Council to begin preparing military and non-military options to respond.
Public opinion toward intervention across the United States is mixed. There is strong public opposition to retaliatory operations in the UK. France and the United Kingdom have condemned the violence, while China’s ambassador to the UN has called the United States to “avoid worsening the fragile security conditions.”
Group Assignments
Each group has three students, with the exception of Groups 1A and 1B, which have four.
Groups 1A/1B
You are officials in the U.S. Department of Justice where you work on national security and terrorism issues. The White House has requested legal advice from the Attorney General on the legality of use of force in this case. Attorney General Merrick Garland has directed your team to write the assessment. Specifically, your office is to provide its views on the president’s authorities to use force to prevent or deter additional threats against U.S. citizens in Afghanistan. Ensure your legal note draws from the U.S. Constitution, statutes and/or other Congressional authorizations on the use of force, and precedent.
Groups 2A/2B
You are staffers for a bipartisan group of senators who are firmly opposed to the use of military force in this instance. The senators you work for are concerned that launching military operations is a slippery slope that could lead to the reintroduction of U.S. ground forces into Afghanistan, and would shift attention and resources away from balancing against a rising China and confronting Russian aggression in Ukraine. Your bosses have asked you to draft a joint memorandum that they will send to President Biden explaining the political risks of launching any military operations. They have asked you to ensure the letter makes the argument that Congressional approval would be necessary to launch operations—and that this Congressional support isn’t guaranteed, especially in today’s contentious political climate. Doing nothing, however, is not an option as American interests are at stake—so your memo should offer some plausible policy recommendations for President Biden to consider.
Groups 3A/3B
You are staffers for Senator Tom Cotton (R-AR). There is strong demand among your constituents for retaliatory action that avenges the death of their fellow Arkansans. Your office has previously been quite critical of the Biden administration’s foreign policy, yet Senator Cotton supports the administration’s plans to launch military operations. Senator Cotton has asked your team to write a letter to President Biden encouraging him to launch retaliatory military actions. Senator Cotton has asked that the memo outline the president’s authority to do this (and how Senator Cotton’s office might be able to assist in garnering Congressional support) and highlight the political/strategic benefits of launching the operation. Although Senator Cotton desires a strong response, he is strongly opposed to a long-term U.S. ground footprint in Afghanistan.
Groups 4A/4B
You are National Security Council staff members detailed from the Department of Defense, Department of State,
Department of Treasury, and the Intelligence Community. National Security Advisor Jake Sullivan has directed your team to begin identifying potential response options (both military and non-military) to present to President Biden. You are aware that there is political opposition to military retaliation (both among the domestic public and among close allies), but also recognize that failure to take a strong stance could have reputational consequences for the United States and fail to deter future attacks on U.S. citizens. Provide the president with at least three response options. These response options can leverage any element of U.S. power (diplomacy, military, information, economic). Draw from course material and outside research of past cases when developing your recommendations.
