United States Department of State Washington, D. C. 20520 December 16, 20 19 Case No. Segments: F-2019-06548 IPS-0001 Daniel McGrath Counsel American Oversigh t 1030 15th St. NW, Suite B255, Washington, D.C. 20005 daniel.mcgrath@amer icanoversight.org Dear Mr. McGrath : This is in response to your request, dated May 29, 2019, under the Freedom of Information Act (the "FOIA"), 5 U.S.C. § 552. Thus far, the Department has located 46 documents responsive to your request. Upon rev iew, we have determined that all 46 documents may be released in part. The processing of your request is ongoing . An enclosure explains the FOIA exemptions and other grounds for withholding material. Where we have made excisions, the applicable FOIA exemp tions are marked on each document. All non-exempt material that is reasonably segregable from the exempt material has· been released and is enclosed We will keep you informed as your case progresses . If you have any questions, your attorney may contact Assistant United States Attorney Benton Peterson, at (202) 252-2534 or Benton.Peterson @us doj.gov. Please refer to case number, F-2019-0654 8, and the civil action number, 19-cv-02728-ABJ, in all correspondence about this request. Sincerely, Susanc lJJ Deputy Director Office of Information Programs and Services Enclosures: As stated . /\M R l /\I\ pVERSIGHT The Freedom of Information Act (5 USC 552) FOlA Exemptions (b)(l) Information specifically authorized by an executive order to be kept secretin the interest of nationaJ defense or foreign policy. Executive Order 13526 includes the following classification categories: 1.4(a) 1 A(b) 1.4(c) 1 .4(d) 1.4(e) Military plans, systems, or operations Foreign governmen t information Intelligence activities, sources or methods, or cryptology Foreign relations or foreign activities of the US, inclucling confidential sources Scientific, technologica.L or economic matters relating to national security, including defense against transnational 1errorism L4(f) U.S. Government programs for safeguarding nuclear materials or facilities ' l.4(g) Vulnerabilities or capabili_ties of systems, installations, infrastructures, projects, plans, or protection services relating to US national security, including defense against transnational terrorism 1.4(h) Weapons of mass destruction (b)(2) Related solely to the internal personnel rules and practices of an agency (b)(3) Specifically exempted from disclosure by statute (other than 5 USC 552), for ex.ample: ARMSEXP CIA PERS/ORG EXPORT CONTROL FSACT INA IRAN Arms Export Control Act, 50a USC 241 l(c) Central Intelligence Agency Act of 1949, 50 USC 403(g) Export Administration Actofl979, 50 USC App. Sec. 241 l(c) Foreign Service Act of 1980, 22 USC 4004 Immigration and Nationality Act, 8 USC 1202(f), Sec. 222(f) Iran Claims· Settlement Act, Public Law 99-99, Sec. 505 (bX4) Trade secrets and confidential commercial or financial infonnation · · (bX5) Interagency or intra-agency communications forming part of the deliberative process, attorney-client privilege� or attorney work product (bX6) Personal privacy information ( bX7) Law enforcement information whose disclosure would: (A) interfere with enforcement proceedings (B) deprive a person of a fair trial (C) constitute an unwarranted invasion of personal privacy (D) disclose confidential sources (E) disclose investigation techniques (F) endanger life or physical safety of an individual (b)(8) Prepared by or for a government agency regulating or supervising financial institutions (bX9) Geological and geophysical information and data, including maps, concerning wells Other Grounds for Withholding NR Material not responsive to a FOIA request excised with the agreement of the .requester AM YICA\J PVERSIGHT CO6844113 '1ED U.S. DepartmentofState Case No. F-2019-06548 DocNo.C06844113 Date: 12/12/2019 RELEASE IN PART B6 B6 From: Sent: Mon, 15 Jul 2019 00:26:34 +0000 To: Dorosin, Joshua L~----~ Subject: AUMF briefing TPs and Hard QA Attach: AUMF Briefing Points and Hard QAs 7 12 2019.docx Josh and D Attached is t he latest version of the AUMF briefing talking points and hard QAs, incorporating Mar ik's edits and comments. I expect DOD, DOJ,and NSCedits by COBtomorrow (Monday). Josh - since you've been out, if you'd like to sit down to discuss all of th is, I'm available any time tomorrow except 10:30-11:00. If you'd like to review this version I would welcome your edits but you may want to wait at this stage for the next version , which wi ll incorporate interagency input. Best, I A J1Ir pv 1/' A 1 STATE-19-0648-A-000001 .S. Department of State Case No. F-2019-06548 Doc No. C06844113 Date: 12/12/2019 CO6844116 '1ED U.S. DepartmentofState Case No. F-2019-06548 DocNo.C06844116 Date: 12/12/2019 SENSITIVE BUT UNCLASSIFIED /DRAFT /DELIBERATIVE [RELEASE IN PART B5[ Briefing with SFRC and HFAC staff on AUMF Issues July 18, 2019 [DECONTROLLED [ Opening Points 85 1 A J1Ir pv 1/' A 1 STATE-19-0648-A-000002 .S. Department of State Case No. F-2019-06548 Doc No. C06844116 Date: 12/12/2019 CO6 8 4 4116.IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844116 Date: 12/12/2019 SENSITIVE BUT UNCLASSIFIED /DRAFT /DELIBERATIVE 85 2 A I /\ STATE-19-0648-A-000003 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844116 Date: 12/12/2019 CO6 8 4 4116.IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844116 Date: 12/12/2019 SENSITIVE BUT UNCLASSIFIED /DRAFT /DELIBERATIVE 85 If Asked Points 3 A I /\ STATE-19-0648-A-000004 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844116 Date: 12/12/2019 CO6 8 4 4116.IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844116 Date: 12/12/2019 SENSITIVE BUT UNCLASSIFIED /DRAFT /DELIBERATIVE 85 4 A I /\ STATE-19-0648-A-000005 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844116 Date: 12/12/2019 CO6 8 4 4116.IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844116 Date: 12/12/2019 SENSITIVE BUT UNCLASSIFIED /DRAFT /DELIBERATIVE 85 5 A I /\ STATE-19-0648-A-000006 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844116 Date: 12/12/2019 CO6 8 4 4116.IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844116 Date: 12/12/2019 SENSITIVE BUT UNCLASSIFIED /DRAFT /DELIBERATIVE 85 6 A I /\ STATE-19-0648-A-000007 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844116 Date: 12/12/2019 CO6 8 4 4116.IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844116 Date: 12/12/2019 SENSITIVE BUT UNCLASSIFIED /DRAFT /DELIBERATIVE B5 7 A I /\ STATE-19-0648-A-000008 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844116 Date: 12/12/2019 CO6 8 4 4116.IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844116 Date: 12/12/2019 SENSITIVE BUT UNCLASSIFIED /DRAFT /DELIBERATIVE B5 8 A I /\ STATE-19-0648-A-000009 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844116 Date: 12/12/2019 CO6 8 4 4116.IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844116 Date: 12/12/2019 SENSITIVE BUT UNCLASSIFIED /DRAFT /DELIBERATIVE B5 9 A I /\ STATE-19-0648-A-000010 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844116 Date: 12/12/2019 CO6 8 4 4118'1ED U.S . Department of State Case No. F-2019-06548 Doc No. C06844118 Date : 12/12/2019 RELEASE IN PART B6 86 From: Sent: To: Cc: Mon, 12 Aug 20 19 13:08:49 +0000 ESOSD OGC (USA) ~------~ ~----~ Allen, Charles A SESOSD OGC (USA) Subject: AUMF hearing invitation Attach: 08-08-19 _Engel-Letter-to-Str ing-Regarding-Congressiona I-Heari ng.pdf DHere is Marik 's lette r. We are try ing to trac k down any others we received . Best, Official UNCLASSIFIED A J1Ir pv 1/' A 1 .S. Department of State Case No. F-2019-06548 STATE-19-0648-A-000011 Doc No. C06844118 Date: 12/12/2019 U.S. Department of State Case No. F-2019-06548 Doc No. C06844123 Date: 12/12/2019 C06844123'1ED MICHAEL T. McCAUL . TEXAS ELIOT L. ENGEL, NEW YORK RANKING REPUBLICAN MEMBER CHAIRMAN BRENDAN P. SHIELDS JASON STEINBAUM REPUBLICAN STAFF DIRECTOR STAFF DtRECTOR ®ne Jt,unlmbi,ixtecntfJCltongress W.t@.~ousr of l\rpnsrntatibcs ffaits onjforefgn@: cttommittee [RELEASE IN FULL [ 2170 Rayburn House Office Building Washington, DC 20515 www.foreignaffairs.house.gov August 8, 2019 Mr. Marik String Acting Legal Adviser Office of the Legal Advisor U.S. Department of State 2201 C St., NW Washington, DC 20520 Dear Mr. String: I am writing to invite you to testify at a hearing entitled "Examining Administration Policy and Congress' Authority for the Use of Military Force" at 10:00 a.m. on September 11th , 18th or 19th, 2019 in Room 2172 of the Rayburn House Office Building. The purpose of the hearing is to conduct oversight of the policies and legal theories governing the executive branch's use of military force, with an emphasis on the potential introduction of U.S. forces into hostilities with Iran, including through the maritime security initiative in the Gulf. In recent years, the executive branch has made increasingly broad assertions of presidential authority to use military force under Article II of the Constitution and pursuant to the 2001 and 2002 authorizations for use of military force (AUMFs). This hearing will examine those expansive claims of authority in light of ongoing and potential military conflicts. It will also address the policy goals, rules of engagement, and regional consequences of U.S. military interventions abroad. Your participation at this hearing will provide the Committee with valuable context as it considers the limits of current AUMFs and the potential need for new legislation on these matters. Enclosed are the Committee's instructions for hearing witnesses. I ask that a biography and written testimony be sent to evan .bursey@mail.house.gov as soon as possible. If you need any additional information for this hearing, please contact Evan Bursey, Hearing Coordinator, at (202) 225-5021. Sincerely, ~µL,(~ ELIOT L. ENGEL Chairman I, /I I ~eml!J.S. Department of State STATE-19-0648-A-000012 Case No. F-2019-06548 Doc No. C06844123 Date: 12/12/2019 CO6 8 4 412 S'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844125 Date: 12/12/2019 JAMES E. RISCH, IOAHO. CHAIRMAN MARCORUBIO,FLORIDA ROBERTMENENDEZ, NEW JERSEY BENJAMIN L CAROiN, MARYLAND RON JO HNSON, WISCONS IN CORY GARONER. COLORADO JEANNE SHAHEEN, NEW t1AMPSH!RE CHRISTOPHERA . COONS, DELAWARE MITT ROMN EY, UTAH LINDSEYGRAHAM. SOUT\-lCAROLINA JOHNNY !SAKSON, GEORGIA JOHN BARRASSO. WYOMING ROBPORl'MAN,OHIO RAND PAUL, KENTUCKY TODDYOUNG.INOIANA TEOCRUZ,TIXAS TOM UDALL. NEWMEXICO CHRISTOPHERMURPHY.CONNECflCUT TIM KAINE, VIRGINIA EDWARD J. MARKEY, MASSACHUSETTS JEFF MERKLEY, OREGON CORYA. BOOKERNEWJERSEY COMMITTEEON FOREIGNRELATIONS WASHINGTON , DC 20510-6225 July 12, 2019 [RELEASE IN FULL[ The Honorable David Hale Under Secretary for Political Affairs U.S. Department of State 2201 C Street N.W. Washington , DC 20520 Dear Mr. Ambassador: I am writing to invite you to testify at a full committee hearing titled , "Reviewing Authorities for the Use of Military Force " on July 24, 2019. I hope that your testimony will: • • • • • • address the administration's maximum pressure strategy against Iran and State Departmen t efforts to implement that strategy; outline United States national interests in the Middle East to include the free flow commerce and regional stabilit y; describe diplomatic efforts with regional and European allies with regard to Iran; describe diplomatic efforts with regional and European allies to ensure the free flow of commerce; underscore the linkage between current efforts and existing authorities; and highlight where Congress can augment diplomatic and economic lines of effort. This hearing is scheduled for 10: 15 a.m. in the Senate Foreign Relations Committee Hearing Room , located in Room 4 I 9 of the Dirksen Senate Office Building. Please arrive no later than 15 minutes prior to the sta~ of the hearing. We ask that you send your written testimony , which will be submitted into the formal record, 24 hours in advance of the hearing to Emily Cottle at emily_cottle @foreign .senate.gov . Please limit your verbal presentation to five minutes so that we can maximi ze the time available for questions. You may contact Emily at (202) 224-2201 if you need assistance or have any questions. Thank you for your consideration of this request , and we look forward to hearing your insights. JAMES E. RISCH Chairman AM~r.1/""' /\ pv I STATE-19-0648-A-000013 ~laO ru.s.Department of State Case No. F-2019-06548 Doc No. C06844125 Date: 12/12/2019 CO6 8 4 412 6'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844126 Date: 12/12/2019 .,,..,,.1Es E. RISCH, lOAHO. CHAIRMAN MARCO RUBIO, FLORIDA RON ,tOHNSO N , WISCONSIN CORY GARDNER. COLORADO MlTTROMNEY,UTAH UNOSEYGRAHAM.SOUn-i CAROLINA JotiNNY !SAKSON, GEOR(~IA JOHNBARRASSO . WYOMING ROSPORTMAN.OHIO RANOPAUL. K£NTUCKY TODDYOUNG,tNOtANA TED CRUZ.TEXAS ROBERTMENENDEZ.NEW JERSEY BENJAMIN L CARDIN, MARVLANO JEANNE SHAHEEN. NEW HAMPSHIRE CHRISTOPHERA. COONS,DELAWARE TOM UDALL NEW MEXICO CHRISTOPHERMURPH'( CONNECTICUT TIM KAINE. VIRGINIA EDWARD J MARKEY,MASSACHUSETTS JEFFMERKLEY,OREGON CORYA BOOKER.NEW JERSEY 'lanitcd ~tatcs~cnatc COMMITTEEON FOREIGNRELATIONS WASHINGTON, DC 20510-6225 July 12, 2019 [RELEASE IN FULL [ Mr. Marik String Acting Legal Advisor Office of the Legal Advisor U .S. Depai1ment of State 2201 C Street N.W. Washington , DC 20520 Dear Mr. String: I am writing to invite you to testify at a full committee hearing titled, '·Reviewing Authorities for the Use of Military Force" on July 24, 2019. I hope that your testimony will: • • • • • address what authorities the president has to protect the interests of the United States and respond to Iranian threats; outline the administration's use of existing authorities in current U.S. operations; highlight the consequences of adding restraints to existing authorities , including sunsets and geographic limitations; detail the potential impact of repealing the 2001 and 2002 Authorizations for the Use Military Force; and address any modifications to existing authorities that the Administration would like to see from Congress. This hearing is scheduled for 10: 15 a.m. in the Senate Foreign Relations Committee Hearing Room, located in Room 419 of the Dirksen Senate Office Building. Please arrive no later than 15 minutes prior to the start time of the hearing. We ask that you send your written testimony , which will be submitted into the formal record, 24 hours in advance of the hearing to Emily Cottle at emily _cottlc @foreign.senate.gov . Please limit your verbal presentation to five minutes so that we can maximize the time available for questions . You may contact Emily at (202) 224-2201 if you need assistance or have any questions. Thank you for your consideration of this request, and we look forward to hearing your insights. JAMES E. RISCH Chairman STATE-19-0648-A-000014 .S. Department of State Case No. F-2019-06548 Doc No. C06844126 Date: 12/12/2019 CO684412TIED U.S. DepartmentofState Case No. F-2019-06548 DocNo.C06844127 From: [RELEASE IN PART 86 ] Sent: Wed, 26 Jun 2019 22:18:23 +0000 To: Moore , Jessica L;Donnelly, Colleen Cc: Subject: AUMF letter Attach: Date: 12/12/2019 GI 7 Response to HFACre AUMF 20190626.docx, ELEDeutch Letter to String AUMF lran.pdf Appreciate your help in getting this to the right folks in DOD and NSCfor clearance . We're trying to finalize the letter to send by the Committee deadline. He's the version cleared by S/IAG and NEA. Regards, Senior Congressional Advisor United States Department of State Room 7531 Offi~~----~ Cell:L Official UNCLASSIFIED A J1Ir pv 11" A 1 STATE-19-0648-A-000015 .S. Department of State Case No. F-2019-06548 Doc No. C06844127 Date: 12/12/2019 86 CO6844129 '1ED U.S. DepartmentofState ELIOT L. ENGEL, NEW Case No. F-2019-06548 DocNo.C06844129 Date: 12/12/2019 MICHAEL T. McCAUL, TEXAS YORK RANKING REPUBLICAN MEMBER CHAIRMAN BRENDAN P. SHIELDS JASON STEINBAUM REPUBLICAN STAFF DIRECTOR STAFF DIRECTOR ~ne 1£,unbreb ~ixteentf,J (ltongress W•.i>.:J!}ouse of l\eprestntattbts .:J!}ouse of l\eprestntattbts ; Dorosin, Joshua L cc=, ~------~ ~;~------~ Subject: AUMF Hard QA and P Hard QA Marik and Josh, For your review, attached are the latest drafts of the AUMF Hard Qs and As and the AU MF-related hard Qs and As that L was tasked to draft for P. Best, Official UNCLASSIFIED A J1Ir pv 1/' A 1 STATE-19-0648-A-000083 .S. Department of State Case No. F-2019-06548 Doc No. C06844471 Date: 12/12/2019 CO6844479 'IED U.S. DepartmentofState Case No. F-2019-06548 DocNo.C06844479 Date: 12/12/2019 UNCL A SSIFIED RELEASE IN PART QUESTION 85,86 Q: Do you believe the 2001 or 2002 AUMFs grant authority for a use of force against Iran? A: A J1Ir pv 85 UNCLASSIFIED 1/' A 1 STATE-19-0648-A-000084 .S. Department of State Case No. F-2019-06548 Doc No. C06844479 Date: 12/12/2019 CO6 8 4 4 4 7 9·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844479 Date: 12/12/2019 UNCLASSIFIED -2- QUESTION Q: Does the Administration anticipate requesting a new AUMF for Iran or are the current authorities sufficient? If not, what authorities are you relying on and what would the Administration use in the event of a conflict? 85 A: UNCLASSIFIED A I /\ STATE-19-0648-A-000085 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844479 Date: 12/12/2019 CO6 8 4 4 4 7 9·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844479 Date: 12/12/2019 UNCLASSIFIED -3- QUESTION Q: Why won't the Administration support repeal of the 2002 AUMF? BS A: UNCLASSIFIED A I /\ STATE-19-0648-A-000086 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844479 Date: 12/12/2019 CO6 8 4 4 4 7 9·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844479 Date: 12/12/2019 UNCLASSIFIED -4- QUESTION Q: Does the Administration believe we still need the 1991 and 2002 AUMFs, or do you support the Young/Kaine bill to repeal them? If not, why do we still need the 1991 AUMF? A: 85 UNCLASSIFIED A I /\ STATE-19-0648-A-000087 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844479 Date: 12/12/2019 CO6 8 4 4 4 7 9·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844479 Date: 12/12/2019 UNCLASSIFIED -5- B5 B6 Approved: Drafted: Cleared: UNCLASSIFIED A I /\ STATE-19-0648-A-000088 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844479 Date: 12/12/2019 CO68444 8 3 'IED U.S. DepartmentofState Case No. F-2019-06548 DocNo.C06844483 Date: 12/12/2019 SENSITIVE BUT UNCLASSIFIED /DRAFT /DELIBERATIVE RELEASE IN PART 85,86 Testimony before SFRC on AUMF Issues July 24, 2019 HARDQAs IDECONTROLLED I 85 1 A J1Ir pv 1/' A 1 STATE-19-0648-A-000089 .S. Department of State Case No. F-2019-06548 Doc No. C06844483 Date: 12/12/2019 CO6 8 4 4 4 8 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844483 Date: 12/12/2019 SENSITIVE BUT UNCLASSIFIED /DRAFT /DELIBERATIVE 85 2 A I /\ STATE-19-0648-A-000090 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844483 Date: 12/12/2019 CO6 8 4 4 4 8 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844483 Date: 12/12/2019 SENSITIVE BUT UNCLASSIFIED /DRAFT /DELIBERATIVE B5 3 A I /\ STATE-19-0648-A-000091 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844483 Date: 12/12/2019 CO6 8 4 4 4 8 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844483 Date: 12/12/2019 SENSITIVE BUT UNCLASSIFIED /DRAFT /DELIBERATIVE B5 A I /\ STATE-19-0648-A-000092 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844483 Date: 12/12/2019 CO6 8 4 4 4 8 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844483 Date: 12/12/2019 SENSITIVE BUT UNCLASSIFIED /DRAFT /DELIBERATIVE 85 5 A I /\ STATE-19-0648-A-000093 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844483 Date: 12/12/2019 CO6 8 4 4 4 8 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844483 Date: 12/12/2019 SENSITIVE BUT UNCLASSIFIED /DRAFT /DELIBERATIVE B5 6 A I /\ STATE-19-0648-A-000094 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844483 Date: 12/12/2019 CO6 8 4 4 4 8 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844483 Date: 12/12/2019 SENSITIVE BUT UNCLASSIFIED /DRAFT /DELIBERATIVE B5 7 A I /\ STATE-19-0648-A-000095 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844483 Date: 12/12/2019 CO6 8 4 4 4 8 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844483 Date: 12/12/2019 SENSITIVE BUT UNCLASSIFIED /DRAFT /DELIBERATIVE B5 8 A I /\ STATE-19-0648-A-000096 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844483 Date: 12/12/2019 CO6 8 4 4 4 8 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844483 Date: 12/12/2019 SENSITIVE BUT UNCLASSIFIED /DRAFT /DELIBERATIVE B5 9 A I /\ STATE-19-0648-A-000097 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844483 Date: 12/12/2019 CO6 8 4 4 4 8 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844483 Date: 12/12/2019 SENSITIVE BUT UNCLASSIFIED /DRAFT /DELIBERATIVE 85 10 A I /\ STATE-19-0648-A-000098 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844483 Date: 12/12/2019 CO6 8 4 4 4 8 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844483 Date: 12/12/2019 SENSITIVE BUT UNCLASSIFIED /DRAFT /DELIBERATIVE 85 86 Approved: Drafted: Cleared: 11 A I /\ STATE-19-0648-A-000099 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844483 Date: 12/12/2019 CO6844485'IED U.S. DepartmentofState Case No. F-2019-06548 DocNo.C06844485 Date: 12/12/2019 RELEASE IN PART 86 From: [DECONTROLLED J Sent: Mon, 8 Jul 2019 15:24:51 +0000 To: String, Marik A Cc: I Dorosin, Joshua L;Fabry, Steven F I ~----~ Subject: FW: Iran AUMF Briefing Marik - See below request from SFRCstaff to discuss AUMF and Iran. I told H we should wait until Josh comes back from leave but that I would check with you to see if you have any specific thoughts on how to handle this. D Official - SBU UNCLASSIFIED From: ~-----------~ Sent: Monday, July 8, 2019 10:27 AM To: Dorosin, Joshua L ; LI~------------__J-----i Cc: Donnelly, Colleen G i Subject: Iran AUMF Briefing ~ ------------~ HiAs I'm sure you know, Brian Hook received questions about the authorities the current AUMF provides for Iran when he testified at HFAC. He deferred those questions to L which piqued the interest of our colleagues at SFRC.Andrew Keller has asked that L come up and brief them on the AUMF and our interpretation of the authorities as they pertain to Iran. Are either of you available to go up this week? If you are then we'l l reach out to IAG and see if someone can go with you. Thanks, I Senior Congres sional Advisor Bureau of Legislative Affairs Department of State A J1Ir pv 1/' A 1 STATE-19-0648-A-000100 .S. Department of State Case No. F-2019-06548 Doc No. C06844485 Date: 12/12/2019 B6 CO6844486'IED U.S. DepartmentofState Case No. F-2019-06548 DocNo.C06844486 Date: 12/12/2019 RELEASE IN PART 86 B6 From: Sent: Mon, 22 Jul 2019 19:14:21 +0000 To: Subject: FW: Murder Board for SFRC- Monday at 1600 Attach: 2019.07.22 P Hard QAs AUMF Ql-4.docx, 2019.07.19 Hale SFRCIran Testimony FINAL.docx, 20190722 P_QA Saudi Top Lines.docx, 2019.07.22 P QA 5-28.docx, 2019.07.19 Hale SFRCIran Testimony - SHORTVERSION.docx passing these docs along for awareness. ~---- ~ Official - Transitory UNCLASSIFIED From: ~-----------~ Sent: Monday, July 22, 2019 3:09 PM To: String, Marik A ; Peek, Andrew L ; ~-----~ Dorosin, Joshua L < Dorosi nJL@state.gov> c:J ---------------------------~ Subject: Murder Board for SFRC- Monday at 1600 Just want to reconfirm your attendance at the 1600 murder board . I am sending the attached for your reference; not all of them have been fully cleared yet. Official - Transitory UNCLASSIFIED A J1Ir pv 1/' A 1 .S. Department of State Case No. F-2019-06548 STATE-19-0648-A-000101 Doc No. C06844486 Date: 12/12/2019 CO6844644'IED U.S. DepartmentofState Case No. F-2019-06548 DocNo.C06844644 Date: 12/12/2019 RELEASE IN PART 85,86 B6 From: Sent: To: Wed, 31 Jul 2019 20:25:38 +0000 Legal-PM-DL [DECONTROLLED [ Cc: Subject: FW: P and L 7/24 SFRCHearing on AUMFs fyi From: B6 ~---~~--------~ Sent: Wednesday, July 31, 2019 4:15 PM -DL@state.gov>; To: NEA-IRAN-DL; NEA-1-0FFICE-DL; SIAG_Clearance ; Peek, '7-ll""--'---"'"'-"---'b....::,_[----'"--'"= b-"";state.gov>; Lenderking, Timothy A ; L ~-----~ Cc: I I Subject: P and L 7/24 SFRCHearing on AUMFs Colleagues , Below is a readout from last week ' s SFRC hearing with Under Secretary Hale and Acting Legal Adviser Marik String, pre-cleared by P and L. On July 24, Under Secretary for Political Affairs Dav id Hale and Acting Legal Adviser Marik String testified in front of the SFRC on "Reviewing Authorities for the Use of Military Force." Senators directed the majority of their questions at Mr. String and focused primarily on questions relating to if, and when , the Administration would seek Congressional approval for potentia l future military action against Iran. Senators sought to clarify the Administration's understanding of whether the existing legal authorizations to employ military force - the 2001 and 2002 AUMFs - could be interpreted to permit a use of force against Iran , and under what factual circumstances. The Administration ' s position emphasized during the hearing is that it has not, to date, interpreted either the 2001 or 2002 AUMF as authorizing military force against Iran, except as may be necessary to defend U.S. or partner forces as they pursue missions authorized under either AUMF. Senator Menendez asked Under Secretary Hale to comment on the Administration's commitment to seeking Congressional approval for military action against Iran. Senator Murphy asked if the Administration would consider limited negotiations with Iran , discussing the country's nuclear weapons program without precond itions. In both of these instances , Under Secretary Hale replied affirmatively. However on the second point , Under Secretary Hale noted that the Administration's objective is to seek a negotiated outcome that comprehensi vely includes the nuclear issue, ballistic missiles , advanced weaponry , the malign behavior in the region , human rights practices and treatment of U.S. citizens. Senator Markey's questions for Under Secretary Hale focused heavily on Iran's increased enrichment levels and decreased diplomatic channels after the United States withdrew from the JCPOA. Under Secretary Hale confim1ed that these changes in enrichment levels and diplomatic A J1Ir pv 1/' A 1 STATE-19-0648-A-000102 .S. Department of State Case No. F-2019-06548 Doc No. C06844644 Date: 12/12/2019 CO6 8 4 4 6 4 4 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844644 Date: 12/12/2019 channels have occurred, and Senator Markey insinuated that the United States' withdrawal from the JCPOA was the cause for those changes. Senators Markey and Menendez requested explanations of Secretary Pompeo's remark in April that there is no doubt that there is a connection between Iran and al-Qaeda.I I 85 When asked if he was willing to provide a classified briefing on this topic, the Under Secretary replied affirmatively. ~-------------- Senator Young asked if the Administration considers the Iraqi government an ally of the United States. Senator Kaine continued this line of questioning. In both instances, the senators suggested that it may be offensive to Iraq, as a strategic partner, that the United States has a standing authorization to use force against them, under either the 1991 or 2002 AUMFs. They have proposed a bill to repeal both of those AUMFs, leaving the 2001 AUMF in place. Under Secretary Hale confirmed that Iraq is a valued partner, but disagreed that the existence of current AUMFs negatively influences our relationship with Iraq. Senator Coons asked Under Secretary Hale for information on the Administration's efforts to ensure ISIS does not regain territory or grow in influence. Under Secretary Hale replied that the Administration will continue to strategically employ military pressure and engage in capacitybuilding with partner nations in the region, specifically Iraq and Afghanistan. Senator Romney sought specific examples of the types of military actions the President might be able to authorize under his Article II authority, because they would not constitute a "war" in the Constitutional sense, as well as the Administration's definition for what constitutes "hostilities" for purposes of the War Powers Resolution. In addition, there was an exchange with Senator Menendez on whether the Administration views its Joint Declaration and any other instruments negotiated with Mexico as legally binding international instruments. Best, 86 Global and Congressional Affairs NEA/RMA 86 Official - SBU UNCLASSIFIED A I /\ STATE-19-0648-A-000103 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844644 Date: 12/12/2019 CO6844646'IED U.S. DepartmentofState Case No. F-2019-06548 DocNo.C06844646 Date: 12/12/2019 RELEASE IN PART BG B6 From: Sent: Tue, 16 Jul 2019 19:47:23 +0000 To: Cc: Subject: FW: QFR Tasker: H20190716QFR201 Hook- Deutch 1-13 Attach: QFR, Rep. Ted Deutch.docx, Tasker Sheet.doc, QFR_NOMS_Sample QFR.docx L to draft #1-7 and #9. From: Sent: Tuesday, July 16, 2019 3:03 PM To: H_Tasking-CT ; H_Tasking-L ; H_Tasking-OS ~--------------~ ; H_Tasking-NEA Cc: QFR NOMS ; Subject: QFR Tasker: H20190716QFR201 Hook- Deutch 1-13 Colleagues, Attached are Questions for the Record from Representative Ted Deutch following the June 19, 2019, House Foreign Affairs Committee Hearing, for which Senior Policy Advisor to the Secretary of State Brian Hook testified : O "Ci!l'~IIMta1411dmadd" b6Utn: :1'le:1fiBHOtt:tbl! lt11lldlt:':la:Wt:tnm.: !?.... Ile Sincerely , B6 A J1Ir pv 1/' A 1 STATE-19-0648-A-000104 .S. Department of State Case No. F-2019-06548 Doc No. C06844646 Date: 12/12/2019 CO6 8 4 4 6 4 6'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844646 Date: 12/12/2019 Official UNCLASSIFIED A I /\ STATE-19-0648-A-000105 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844646 Date: 12/12/2019 CO684464TIED U.S. DepartmentofState Case No. F-2019-06548 DocNo.C06844647 Date: 12/12/2019 !RELEASE IN FULL J Questions for the Record Submitted to Senior Policy Advisor to the Secretary of State Brian Hook Representative Ted Deutch (#1) House Foreign Affairs Committee June 19, 2019 1. During our June 19 hearing, I asked whether the Administration believes it has the authority to launch military action against Iran, specifically under the 2001 Authorization for Use of Military Force (AUMF). Mr. Hook replied, "this is something the Office of the Legal Counsel can get you an opinion on if you'd like to submit it." Does the Administration believe the 2001 AUMF authorizes use of force against Iran, yes or no? 2. If yes, what is the basis or legal standing for the 2001 AUMF to serve as a valid justification for such military action? 3. Does the Administration believe that Iran is an "associated force" of al-Qaeda? 4. Does the Administration consider the 2002 AUMF, which authorized U.S. military action in Iraq, to be a valid basis for U.S. military action against Iran in Iraq or elsewhere? 5. If yes, what is the basis or legal standing for the 2002 AUMF to serve as a valid justification for such military actions? 6. Does the Administration believe it currently has the authorities to conduct military operations against Iran? Yes or no? 7. Will the Administration commit to seeking explicit authorization from Congress before using military force against Iran? 8. On April 8, the Administration designated Iran's Revolutionary Guards Corps (IRGC) as a Foreign Ten-orist Organization (FTO). The IRGC has thousands of members and connections to a variety of sectors of the Iranian economy. If fully implemented, the FTO designation would require extensive monitoring and the imposition of sanctions on numerous individuals and entities. Does the U.S. government have sufficient intelligence and personnel to fully implement this monitoring and sanctions regime? 9. Does the Administration view the IRGC FTO designation as a possible legal basis for U.S. military strikes against the IRGC? In your opinion, does it allow the Administration to cite the 2001 AUMF to take military action against the IRGC? A J1Ir pv 1/' A 1 STATE-19-0648-A-000106 .S. Department of State Case No. F-2019-06548 Doc No. C06844647 Date: 12/12/2019 CO6 8 4 4 6 4 TIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844647 Date: 12/12/2019 JO.On May 15, the State Depmiment ordered non-emergency U.S. personnel to leave U.S. diplomatic facilities in Iraq in response to increased threats. Are there plans to strengthen the security of the U.S. embassy in Iraq to enable the return of U.S. personnel and the resumption of their important work? 11. How does the Administration plan to counter Iran's malign influence in the absence of staff responsible for the political and aid programs that promote U.S. interests in Iraq? 12. The personnel withdrawal decision was taken in parallel to the deployment of additional troops to the Gulf . Is this an indication that the Administration favors military over diplomatic initiatives in dealing with Iran? 13. On June 11, Iran released Nizar Zakka, a Lebanese citizen and U.S. legal permanent resident. Was the Administration involved in negotiations that led to Mr. Zakka's release? Does the Administration believe his release signals a willingness by the Iranian government to negotiate the release of U.S. citizens detained in Iran? What specifically is the Administration doing to secure the release of Americans detained in Iran? A I /\ STATE-19-0648-A-000107 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844647 Date: 12/12/2019 CO6844652'IED U.S. DepartmentofState Case No. F-2019-06548 DocNo.C06844652 Date: 12/12/2019 RELEASE IN PART 86 B6 From: Sent: Fri, 28 Jun 2019 15:26:14 +0000 To: Subject: FW: Response to Engel and Deutch Attach: AUMF.PDF For your files . From:~ ----------- ~ Sent: Friday, June 28, 2019 11:23 AM To:I Subject: RE: Response to Engel and Deutch ~-------------~ Hl ~I-~ Attached is the Engel letter that went out . The Deutch letter is going out this afternoon - the content is the exact same. Official UNCLASSIFIED From: Sent: Friday, June 28, 2019 11:09 AM To: I Sub~ Je~c~t:~R~e~s ~ po~n~s~e~t~o~E ~ ng=e~l~a~na~o~e~ut~c~h ~ I understand that H sent the Department's response to the attached letter to the Hill this morning. Would you be able to send a signed copy of that response for L/PM's files? Thanks, Attorney-Adviser U.S. Department of State Office of the Legal Adviser (L/PM) A J1Ir pv 1/' A 1 STATE-19-0648-A-000108 .S. Department of State Case No. F-2019-06548 Doc No. C06844652 Date: 12/12/2019 CO 68 4 4 655:IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844655 Date: 12/12/2019 United States Department of State Washing ton , D.C. 20520 [RELEASE IN FULL [ The Honorable Eliot L. Engel, Chairman Committee on Foreign Affairs House of Representatives Washington , DC 20515 JUN2 8 2019 Dear Mr. Chairman: Thank you for your June 25 letter requesting further information about the Administration's views on the 200 1 and 2002 Authorizations for Use of Military Force (AUMFs) . The Department of State has great respect for Congress's role in authorizing the use of military force. As Secretary Pompeo has noted, the Administration's goal is to find a diplomatic solution to Iran's activities, not to engage in conflict with Iran. Moreover, the Administration has not, to date, interpreted either AUMF as authorizing military force against Iran, except as may be necessary to defend U.S . or partner forces engaged in counterterrorism operations or operat ions to establish a stable, democratic Iraq . President Trump has expressed the U.S. willingness to negotiate with Iran. No one should be uncertain about the United States' desire for peace or a readiness to normalize relations in the event the United States and Iran reach a comprehensive deal. As Special Representative for Iran and Senior Po licy Advisor to the Secretary of State Brian Hook testified to your Committee on June 19, 2019, the Administration has implemented an unprecedented maximum pressure campaign focused on Iran with two primary objectives: first, to deprive the Iranian regime of the money it needs to support its destabilizing activities, and second, to bring Iran back to the negotiating table to conclude a comprehensive and enduring deal as outlined by Secretary Pompeo in May 2018 . We hope this information is helpful to you. Please let us know if we may be of further assistance. Sincerely, Mary Elizabeth Taylor Assistant Secretary Bureau of Legislative Affairs AM~r.1/""' /\ I pv STATE-19-0648-A-000109 U.S. Department of State Case No. F-2019-06548 Doc No. C06844655 Date: 12/12/2019 CO6844656 'IED U.S. DepartmentofState Case No. F-2019-06548 DocNo.C06844656 Date : 12/12/2019 RELEASE IN PART 85,86 B6 From: Sent: Mon, 22 Jul 2019 12:09:07 +0000 To: String, Marik A;Dorosin, Joshua L ~----~ [DECONTROLLED ] Cc: Subject: FW: Transmitting testimony to 0MB Attach: String SFRCAUMF Testimony v2 (AJW).docx, String SFRCAUMF Testimony v2 (AJW)(CLEAN).docx Marik, Josh~I B6 I B5 Best, B6 Official - SBU UNCLASSIFIED From:~ --------------~ Sunday, July 21, 2019 7:15 PM To:I Suo=1e=c~t:~1=ra~n=s= m=1t=u=ng~ te=st=1m ~ o= ny~t=o ~o~,~~s ----------------~ B6 Sent: B5 Please note: when I opened the tracked changes file up on my iPhone, it did not reflect all the tracked changes and in some instances it made it appear as ifthere are multiple typos. As such, I have attached a clean copy , in add ition to the one with tracked changes. A J1Ir pv 1/' A 1 STATE-19-0648-A-000110 .S. Department of State Case No. F-2019-06548 Doc No. C06844656 Date: 12/12/2019 CO6 8 4 4 6 5 6'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844656 Date: 12/12/2019 Please take a look at the edits and let us know your thoughts. I think it would be fine if we send to 0MB first thing tomorrow if folks cannot accurately view this on mobile devices. Thanks , 86 A I /\ STATE-19-0648-A-000111 UNCLASSIF IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844656 Date: 12/12/2019 CO6844661'1ED U.S. DepartmentofState Case No. F-2019-06548 DocNo.C06844661 Date: 12/12/2019 RELEASE IN PART 85,86 86 From: Sent: Tue, 9 Jul 2019 16:21:46 +0000 To: Cc: Subject: Iran, AQ, AUMF Attach: Statements re Iran AQ AUMF.docx, Iran AUMFs Positions.docx D I've attached two documents for Marik . 1) A comparison of positions taken regarding the application of the 2001 and 2002 AUMFs to Iran as well as ancillary self-defense. We've also addressed that issue in response to QFRs, but H is having trouble tracking down the versions that actually made it into the record (I've had no luck myself w/ the Cong. Rec.). 2) Statements in hearings and to the press on the record by Sand Brian Hook regarding Iran and the 2001 AUMF. Let me know if you have further/different thoughts on this material. CJ 86 Attorney-Adviser L/ASCA Office of the Legal Adviser United States Department of State Office Phone: I I Unclassified em@] Classified email 1 ~--------~ CAUTION: Information contained in this message may be protected by the attorney/client, attorney work product, deliberative process or other privileges . Do not disseminate further without approval from the Office of the Legal Adviser. L 7 A J1Ir pv 11" A 1 STATE-19-0648-A-000112 .S. Department of State Case No. F-2019-06548 Doc No. C06844661 Date: 12/12/2019 CO684468O'IED U.S. DepartmentofState Case No. F-2019-06548 DocNo.C06844680 Statements re Iran, al Qa'ida, and AUMF I) Date: 12/12/2019 !RELEASE IN FULL I SECRET ARY POMPEO SFRC, April 10, 2019 Budget Hearing SENATOR PAUL: Thank you for your testimony, Secretary Pompeo. Do you believe that the 2001 authorization to go to war with those who attacked us on 9/ 11 applies to Iran or Iran's Revolutionary Guard? SECRETARY POMPEO: I'd prefer to just leave that to lawyers, Senator. SENATOR PAUL: Well, I would think it would be a pretty important question that -SECRETARY POMPEO: Well-SENATOR PAUL: -- whether or not you think you have the right to invade or declare war or engage in war with Iran, and doesn't sound like something we're going to leave to the Supreme Court . It's going to be a decision by the administration. SECRETARY POMPEO: Right. SENATOR PAUL: Does the administration believe - you've just recently classified the Iran the entire Revolutionary Guard as terrorist. Do you think that that somehow includes them in the 2001, and is that any part of the decision-making process with including this designation? SECRETARY POMPEO: I'll answer your second question. It was not part of the decisionmaking process. The designation was a simple recognition ofreality. These are terrorists. They killed 600 Americans. Six hundred Americans dead, families today grieving. We recognize them as terrorists in the same way we do other terrorist groups around the world. When we see them, we try to call them out as best as we can and as quickly as we can. SENATOR PAUL: But you're unwilling to state unequivocally that you - that the resolution in 2001 to have retribution and stop the people who attacked us, that Iran had something to do with the attacks on 9/11 or that the national Iraqi Revolutionary Guard had something to do with 9/11? SENATOR PAUL: And I think some would argue that the Iranian Government is not real happy with Sunni extremists. They have Sunni extremists in the country, but it is not sort of like they are joining forces to fight the West. They actually would just as soon eradicate Sunni extremists and have actually evicted - quite a few are in prison, quite a few - so I don't think that dog hunts very well. 1 A J1Ir pv 1/' A 1 STATE-19-0648-A-000113 .S. Department of State Case No. F-2019-06548 Doc No. C06844680 Date: 12/12/2019 CO6 8 4 4 6 8 O·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844680 Date: 12/12/2019 Statements re Iran, al Qa'ida, and AUMF But I am troubled that the administration can't unequivocally say that you haven't been given power. I can tell you explicitly you have not been given power or authority by Congress to have war with Iran. And in any kind of a semblance of a sane world, you would have to come back and ask us before you go into Iran. So my hope is - I'm not arguing whether the - Iran's Revolutionary Guard are terrorists. My argument is that you do not have the permission of Congress to go to war in Iran. If you want a war in Iran, you have to come to us. It's the way the Constitution was written, and it needs to be very clear. And begging off and saying, well, the lawyers no, no, this is our history. This is a very important question. It's a very explicit question. Only Congress can declare war. You do not have our permission to go to war in Iran, and that should be very explicit. +++++++++++++++++++++++++++++++++++++++++++ Face the Nation, June 16, 2019 MARGARET BRENNAN: SEC. POMPEO: Remember, they now have attacked U.S. aircraft. They- on June 6th, there was a missile fired from Yemen. With- that we assessed had Iranian assistance that took down an MQ-9 aircraft. These are attacks on fundamental, international norms, and now on American interests, and we always have the right to defend our country. MARGARET BRENNAN: But I ask you because there are questions about whether the existing SEC. POMPEO: Sure. MARGARET BRENNAN: Are you confident that you could go, and not have to ask Congress for permission to take action? SEC. POMPEO: Margaret, I- I don't want to get into hypotheticals. But the American people should be very confident. The actions that the United States takes under President Trump will always be lawful, always consistent with our Constitution, and we will always do the hard tasks it takes to protect American interests, wherever they are. MARGARET BRENNAN: But do you need Congress's permission? SEC. POMPEO: To- to do what, Margaret? I mean depend- you- I- I don't know how to answer the question in the abstract. Permission-MARGARET BRENNAN: Well, you said a range of options are being looked at. SEC. POMPEO: Yes. Every- every option we look at will be fully lawfu l. 2 A I /\ STATE-19-0648-A-000114 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844680 Date: 12/12/2019 CO6 8 4 4 6 8 O·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844680 Date: 12/12/2019 Statements re Iran, al Qa'ida, and AUMF II) BRIAN HOOK HFAC Hearing, June 19, 2019 Rep. Deutch: Secretary Pompeo told the Senate Foreign Relations Committee and I quote, "There is no doubt there is a connection between the Islamic Republic of Iran and al-Qaida. Period. Full stop . The factual question with respect to Iran's connections to al-Qaida is very real. They have hosted al-Qaida . They have permitted al-Qaida to transit their country . I would refer you, Mr. Hook, to the 2001 Authorization for the Use of Military Force in which it says, "The President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aiding the terrorist attacks that occurred on September 11th , 2001, or harbored such organizations, or persons." Mr. Hook, is the administration preparing to tell Congress that it has the authority to launch military action against Iran because one of Osama bin Laden's sons has been living in Iran? Mr. Deutch: But I would ask the question again. Are we-the concern obviously is that some of the statements that I have read suggest that the administration is prepared to say that it has the authority to launch military action against Iran because under the 2001 AUMF because one of Osama bin Laden's sons has been living there. How about because there are former al-Qaida members living or transiting through Iran? Is that enough to justify a reliance in the 2001 AUMF to take military action against Iran? Mr. Hook: Well, I am happy to answer the question. I just want to first underline as I said in my opening state that we are notMr. Deutch: I understand the policy. I appreciate that. Mr. Hook: No, I am saying we are not seeking military action. Mr. Deutch: I am grateful for that. Mr. Hook: Right. Mr. Deutch: I am just talking about the concerns that we have based on the statements that have been made. Is the administration preparing to tell Congress that it has the authority to launch military action against Iran because there is direct evidence of Iran having operational control over al-Qaida? Mr. Hook: If the use of military force is necessary to defend U.S. national security interests, we will do eve1ything that we are required to do with respect to congressional war powers and we will comply with that law. Mr. Deutch: I understand and I appreciate that. I would just ask again. Is there, based on what I have laid out and the statements made by the Secretary and the National Security Advisor, is it3 A I /\ STATE-19-0648-A-000115 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844680 Date: 12/12/2019 CO6 8 4 4 6 8 O·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844680 Date: 12/12/2019 Statements re Iran, al Qa'ida, and AUMF do you believe that the administration could launch an attack against Iran under the 2001 AUMF? Mr. Hook: This is something which the Office of the Legal Adviser can give you an opinion on if you would like to submit it. That is a legal question. 4 A I /\ STATE-19-0648-A-000116 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844680 Date: 12/12/2019 CO68446 8 5'IED U.S. DepartmentofState Case No. F-2019-06548 DocNo.C06844685 Date: 12/12/2019 RELEASE IN PART 86 From: 86 [DECONTROLLED ] Sent: Wed, 7 Aug 2019 12:14:09 +0000 To: String, Marik A Cc: Dorosin, Joshua L ~-----------~ Subject: QFRs from AUMF Hearing Attach: dod ogc edits String Kaine QFRS8 6 2019.docx, ogc edits String Menendez QFRS8 6 2019.docx MarikAttached for your review and clearance are the responses to the initial 36 QFRSfrom your AUMF hearing (from Menendez and Kaine)j l H has requested these by 5 PM tonight , so they can submit tomo rrow. Please let me know if you have any edits or comments. Best, Amanda Official - SBU UNCLASSIFIED A J1Ir pv 1/' A 1 STATE-19-0648-A-000117 .S. Department of State Case No. F-2019-06548 Doc No. C06844685 Date: 12/12/2019 85 CO6844688'IED U.S. DepartmentofState Case No. F-2019-06548 DocNo.C06844688 Date: 12/12/2019 RELEASE IN PART 85,86 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No.1) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 1: Is the Administration relying upon the 2002 AUMF as the sole legal authority to hold any detainees? Answer 1: B5 A J1Ir pv 1/' A 1 STATE-19-0648-A-000118 .S. Department of State Case No. F-2019-06548 Doc No. C06844688 Date: 12/12/2019 CO6 8 4 4 6 8 8'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844688 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. 2) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 2: Is the Administration relying upon the 2002 AUMF as the sole legal authority for any current U.S. military operations? Answer 2: B5 2 A I /\ STATE-19-0648-A-000119 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844688 Date: 12/12/2019 CO6 8 4 4 6 8 8'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844688 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. 3) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 3: Please describe what ongoing U.S. military operations would be banned if the 2002 AUMF was repealed. Answer 3: BS 3 A I /\ STATE-19-0648-A-000120 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844688 Date: 12/12/2019 CO6 8 4 4 6 8 8'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844688 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. 4) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 4: Does the Administration oppose the repeal of the 199 1 AUMF for the Gulf War? What impact would this repeal have on any current policies or operations? Answer 4: B5 4 A I /\ STATE-19-0648-A-000121 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844688 Date: 12/12/2019 CO6 8 4 4 6 8 8'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844688 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. 5) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 5: Has the State Department been informed that any of the additional U.S. troops the President is sending to the Middle East will be deployed to Iraq? Answer 5: BS 5 A I /\ STATE-19-0648-A-000122 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844688 Date: 12/12/2019 CO6 8 4 4 6 8 8'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844688 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. 6) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 6: Has the State Department been informed that part of the U.S. military mission in Iraq is to "watch Iran?" Answer 6: 85 6 A I /\ STATE-19-0648-A-000123 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844688 Date: 12/12/2019 CO6 8 4 4 6 8 8'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844688 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. 7) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 7: What impact would basing U.S. forces in Iraq to focus on a counter-Iran mission have on our bilateral relationship? Answer 7: BS 7 A I /\ STATE-19-0648-A-000124 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844688 Date: 12/12/2019 CO6 8 4 4 6 8 8'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844688 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. 8) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 8: Does the State Department believe that Iraq has consented to the conduct of counter-Iran activities by U.S. military personnel on its territory? Does the State Department believe that U.S. personnel can pursue those activities in Iraq without the Government oflraq's consent under international and U.S. domestic law? Answer 8: B5 8 A I /\ STATE-19-0648-A-000125 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844688 Date: 12/12/2019 CO6 8 4 4 6 8 8'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844688 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. 9) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 9: Does the Departm ent believe that the fact that a majority of both chambers of the current Congress oppose the use of military force against Iran-as reflected in the recent 50-40 vote in the Senate in support of S. Arndt. 883 to S. 1790 and the recent 25 1-170 vote in support of H. Arndt. 554 to H.R. 2500, both of which prohibited the use of funds for using military force against Iran absent congressional authorization, except in certain limited cases of self-defensedemonstrates Congressional intent that should be considered when evaluating the scope of activities that could be initiated pursuant to any existing statutes, including the 1991, 2001 or 2002 AUMFs? Answer 9: 85 9 A I /\ STATE-19-0648-A-000126 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844688 Date: 12/12/2019 CO6 8 4 4 6 8 8'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844688 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. lO) U.S. Senate Committee on Foreign Relations July 24, 2019 Question lO: Does the Department believe that the following statement, which was included in the conference report for the John S. McCain National Defense Authorization Act for Fisca l Year 2019 (Pub. L. 115-232), demonstrates Congressional intent that should be considered when evaluating the scope of activities that could be initiated pursuant to statutes that pre-date the conference report, including the 1991, 2001 and 2002 AUMFs? "The conferees note that nothing in this Act may be construed to authorize the use of the Armed Forces of the United State against Iran. At the time of the signing of this report, the conferees are not aware of any information that would justify the use of military force against Iran under any other statutory authority." Answer lO: BS 10 A I /\ STATE-19-0648-A-000127 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844688 Date: 12/12/2019 CO6 8 4 4 6 8 8'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844688 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. ll) U.S. Senate Committee on Foreign Relations July 24, 2019 Question l1: Will the Department commit to factoring this Congressional intent into its current and future evaluations of the 1991, 2001 and 2002 statutes? Answer 11: 85 11 A I /\ STATE-19-0648-A-000128 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844688 Date: 12/12/2019 CO6 8 4 4 6 8 8'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844688 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. 12) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 12: Does the Department believe that the executive branch is required to comply with its international legal obligations relating to the conduct of international and non-international armed conflicts- including those relating to jus ad bell um and jus in hello- as a matter of U.S. domestic law? Answer 12: B5 12 A I /\ STATE-19-0648-A-000129 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844688 Date: 12/12/2019 CO6 8 4 4 6 8 8'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844688 Date: 12/12/2019 85 86 Approved by: Drafted by: Cleared by: 13 A I /\ STATE-19-0648-A-000130 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844688 Date: 12/12/2019 CO6844693'IED U.S. DepartmentofState Case No. F-2019-06548 DocNo.C06844693 Date: 12/12/2019 RELEASE IN PART 85,86 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 1) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 1: Do you believe that the administration has any legal authorization to use military force against Iran beyond self-defense of U.S . Armed Forces and personnel in the region? What authorization provides such a justification? Will you commit to seeking Congressional authorization for any other military action against Iran? Answer 1: 85 A J1Ir pv 1/' A 1 STATE-19-0648-A-000131 .S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 CO6 8 4 4 6 9 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 2) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 2: Do you think it is necessary for Congress to pass a new AUMF in order for this administration to enter into military conflict with Iran? Answer 2: 85 2 A I /\ STATE-19-0648-A-000132 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 CO6 8 4 4 6 9 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 3) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 3: In June of this year, the president asserted that he ordered- then called off- a strike on Iran in response to the shooting down of an American aerial unmanned vehicle. He publicly stated that he called off the attack because he didn't see it as "proportionate". a. Under what authority did the legal advisor determine the President was able to order this strike? b. Was there concunence between the State Department, the Defense Department, and the DOJ Office of Legal Counsel? c. Was there a written opinion? d. Would the AUMF apply to the shooting down of an unmanned vehicle? Answer 3: 85 3 A I /\ STATE-19-0648-A-000133 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 CO6 8 4 4 6 9 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 4) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 4: If you believe that the President has sufficient legal authority to engage in combat with Iran, what are the limits of such authority in terms of what types of military operations he can conduct? For example, would he be able to order airstrikes against targets in or around Tehran that were not involved in any direct attack on U.S. persons , property, or military forces? On Iranian nuclear-related sites? Answer 4: B5 4 A I /\ STATE-19-0648-A-000134 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 CO6 8 4 4 6 9 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 5) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 5: The 2001 AUMF has operated as the legal justification for myriad conflicts over the past seventeen years. Originally intended to target those respons ible for the September 11 terrorist attacks, it is now used as a veritable blank check to prosecute combat operations around the globe. a. How does the 2001 AUMF apply to current combat operations in Middle East? b. How has the "associated forces" clause in the 2001 AUMF affected our ability to properly target enemies and combat ten-orism? c. What limitations to do you see on the Administration's assertion that the 2001 AUMF authorizes the United States to act in self-defense of partner forces? What if such "selfdefense" actions risked hostilities between the United States and another country (e.g. Turkey, Russia, or Syria) - would the Administration view such "self-defense" as authorized by the 2001 AUMF? Answer 5: B5 5 A I /\ STATE-19-0648-A-000135 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 CO6 8 4 4 6 9 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 85 6 A I /\ STATE-19-0648-A-000136 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 CO6 8 4 4 6 9 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 6) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 6: One of the key concerns that many in this body have noted about the 2001 AUMF is its lack ofa sunset provision that would provide a definitive end date for combat operat ions. a. ~ow do you think the lack of sunset provision in the 2001 AUMF has affected U.S. combat operations? How has it affected other nation' s perception of U.S. combat operations?] B5 b. Do you believe such sunset provisions are beneficial to an AUMF? Answer 6: B5 7 A I\ STATE-19-0648-A-000137 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 CO6 8 4 4 6 9 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 7) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 7: National Security Advisor John Bolton stated in June that the U.S. is expanding offensive cyber operations in order to counter digital economic espionage and other commercial issues. These comments followed on the continued empowering of the executive branch, whether via the Cyber Strategy or new National Security Presidential Memorandum 13, to prosecute offensive cyber operations in order to "defend forward." However, these operations put forth the question of what actions require Congressional approval. a. Please describe the types of cyber operations that the Administration would anticipate reporting pursuant to section 4 of the War Powers Resolution . b. Does the United States currently rely on either the 2001 or 2002 AUMFs as a statutory basis for cyber operations? c. What types of operations you believe require congressional authorization, and which ones do you believe fall below such a threshold? d. Do the operations that the U.S. is conducting to stop economic espionage in the digital domain require an authorization , in your estimation? e. What kinds of limits should a cyber AUMF place on US actions in the digital domain? Should such an AUMF stretch beyond the digital domain and constrain actions in the physical world? Answer 7: BS 8 A I /\ STATE-19-0648-A-000138 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 CO6 8 4 4 6 9 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 8) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 8: The United States remains a key protector of human rights and individual freedoms around the globe. Any AUMF must keep in mind the role the U.S. plays in protecting these rights. a. Do you believe that human rights should play a role in AUMFs, and what role should they play in an AUMF that specifically targets terrorists? b. What mechanisms can Congress institute to help ensure that human rights remain at the center of a new AUMF? Answer 8: BS 9 A I /\ STATE-19-0648-A-000139 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 CO6 8 4 4 6 9 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 9) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 9: In recent years, it seems that the Executive Branch has more frequently resorted to the use of force absent an AUMF or declaration of war. I think it is important for everyone to remember that declaring war and authorizing the use of force is a Constitutional role vested in Congress, and in this committee in particular. How , in your view, has the power to prosecute a conflict changed over the last several decades? Do you believe that there has been less transparency by the Executive Branch regarding conflicts? What are the constraints on Article II authority that you see? Answer 9: B5 10 A I /\ STATE-19-0648-A-000140 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 CO6 8 4 4 6 9 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 B5 11 A I /\ STATE-19-0648-A-000141 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 CO6 8 4 4 6 9 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 10) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 10: What do you believe is the proper balance between providing the President with the tools needed to respond to emergencies with Congress's role of being the body to declare war? Answer 10: B5 12 A I /\ STATE-19-0648-A-000142 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 CO6 8 4 4 6 9 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 B5 13 A I /\ STATE-19-0648-A-000143 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 CO6 8 4 4 6 9 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 11) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 11: When is Congressional engagement necessary in the use of force? Answer 11: B5 14 A I /\ STATE-19-0648-A-000144 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 CO6 8 4 4 6 9 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 12) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 12: Section 36( c)(2) of the AECA specifically says "if the President states in his certification that an emergency exists ... thus waiving the requirements of subparagrap hs (A) and (B) ... " - but the commercial sales were under subparagraph (C). a. What is the Office of Legal Advisor's legal analysis of this provision? How does it conclude that the Secretary had the legal authority to use this provision with regard to the 13 direct commercial sales to Saudi Arabia and the UAE that he included in his May 24, 2019 emergency determination? b. What is the justification for invoking an emergency declaration , when the plain language of the statute does not say that there is such an authority for commercial sales? c. If your argument is that Congress erred when it amended that provision in 2002, please provide the evidentiary basis for that contention, including how you determined Congressional intent by citing the Congressional reports or statements that buttress your position. d. If your argument is that Congress erred when it amended that provision in 2002 , is there not a legal doctrine of interpretation oflaw that states , basically , that a provision oflaw that has remained unchallenged for years or has not been the subject of attempts to correct, then that provision of law should be followed according to the plain-letter meaning? If so, why did the Office of Legal Advisor not use this doctrine of interpretation? Does the Office of Legal Advisor apply this doctrine oflegal interpretation in other situations? Answer 12: B5 15 A I /\ STATE-19-0648-A-000145 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 CO6 8 4 4 6 9 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 13) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 13: Did you, or did anyone in the office of the Legal Adviser, produce a written legal analysis, detennination, or recommendation that the Secretary of State had the authority to invoke an emergency certification? If so, will the State Department provide a copy of that written or any related legal analysis , determination and/or recommendation to the Committee? If not, what legal privilege is State claiming to exercise that prevents it, or enables it, from providing such written legal analysis, determination and/or recommendation to the Committee - the Committee of oversight for the Department and for these issues? B5 16 A I /\ STATE-19-0648-A-000146 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 CO6 8 4 4 6 9 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 14) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 14: Mr. String, is the U.S. Mexico Joint Declaration binding for purposes of international law? a. As you know, I have asked variations on this question numerous times. Why has the Department been so reluctant to answer my basic questions about this? b. As a legal expert on international instruments, how would you characterize this agreement? Answer 14: BS 17 A I /\ STATE-19-0648-A-000147 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 CO6 8 4 4 6 9 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 15) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 15: At the hearing, you stated that the U.S.-Mexico Declaration was "an important authoritative agreement that's been agreed to." What do you mean by an "important authoritat ive agreement"? a. Does an "authoritative agreement" impose any obligations on either country? If so, what obligations? b. Is such an agreement binding for purposes of international law? Answer 15: BS 18 A I /\ STATE-19-0648-A-000148 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 CO6 8 4 4 6 9 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 16) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 16: What is your understanding of how the President views the U.S. Mexico Joint Declaration, in te1ms of whether it imposes obligat ions on Mexico or the United States? Have you or has the Department briefed the President on the Joint Declaration? Answer 16: B5 19 A I /\ STATE-19-0648-A-000149 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 CO6 8 4 4 6 9 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 17) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 17: Your answers at the hearing seemed to indicate that there are ongoing discussions with Mexico about other or related agreements. Can you clarify? What are the status of those? Are they intended to impose binding obligations for purposes of international law on each country? Answer 17: 85 20 A I /\ STATE-19-0648-A-000150 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 CO6 8 4 4 6 9 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 18) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 18: You stated that the executive branch was still considering whether the U.S.-Mexico Joint Declaration would be reported under the Case Act. Please provide an update of those discussions and the factors relevant to whether the Administration will do so. Answer 18: B5 21 A I /\ STATE-19-0648-A-000151 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 CO6 8 4 4 6 9 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 19) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 19: Beyond the Joint Declaration - which appears to be just a statement by two parties- and the supplementary agreement, which on its face doesn't create any binding obligations, has the U.S. and Mexico entered into any other commitments or agreements related to migration? Any others that were supposedly to resolve the tariff threats? How would you characterize those agreements and when will this Committee receive copies? Answer 19: B5 22 A I /\ STATE-19-0648-A-000152 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 CO6 8 4 4 6 9 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 20) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 20: The U.S. also reportedly recently entered into an agreement with Guatemala on migration issues. What was agreed to? Is there a written document? When will you provide any such documents to the Committee? Answer 20: 85 23 A I /\ STATE-19-0648-A-000153 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 CO6 8 4 4 6 9 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 21) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 21: Has the Department conducted its own assessment of whether Guatemala can serve as a safe third country under U.S. law? What was the result of that assessment? Answer 21: BS 24 A I /\ STATE-19-0648-A-000154 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 CO6 8 4 4 6 9 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 22) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 22: Has the Department provided a recommendation to the White House as to whether Guatemala can serve as a safe third country under U.S. law? What was that recommendation? Answer 22: B5 25 A I /\ STATE-19-0648-A-000155 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 CO6 8 4 4 6 9 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 23) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 23: In the current or previous Adminis trations, has the Office of the Legal Adviser analyzed the legality under internationa l law of U.S. support for Saud i Arabia's prosecution of the confl ict in Yemen (to include arms sales , logistical and intelligence support)? If yes, please indicate whether any such analysis resulted in the conclusion that U.S. officials or personnel participating in such activities would be exposed to charges of war crimes? Please provide any such analyses in unclassified form, to the extent possible, or in a classified format. Answer 23: B5 26 A I /\ STATE-19-0648-A-000156 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 CO6 8 4 4 6 9 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 24) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 24: As you know, the Global Magnitsky Human Rights Accountability Act requires the President, upon receipt of a request from the Chairman and Ranking Member of the Senate Committee on Foreign Relations , to determine whether a foreign person is responsible for an extrajudicial killing, torture, or other gross violation of internationally recognized human rights against an individual exercising freedom of expression, and report to the Committee within 120 days with a determination and a decision on the imposition of sanctions on that foreign person or persons. Last year, Senator Menendez, as the Ranking Member of the Senate Foreign Relations Committee, along with then Chai1man Bob Corker made such a request with respect to Saudis involved in the Khashoggi murder, including specifically Crown Prince Mohammed bin Salman. Yet the Administration has not made such a determination. a. Why has the administration not made the determination as required by statute? b. Did the Department make a legal assessment regarding its obligation to submit a report to the Chairman and Ranking Member of the Senate Foreign Relations Committee pursuant to section 1263(d) of the Global Magnitsky Act? If so, what did that assessment conclude? c. Is the Department engaged in its own effort or supporting the efforts of other U.S. government agencies to uncover all of the perpetrators ofKhashoggi's murder, including those who ordered, directed, or otherwise controlled the murder? If so, what is the status of that investigation and who is leading it? If not, why not? Answer 24: 85 27 A I /\ STATE-19-0648-A-000157 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 CO6 8 4 4 6 9 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 85 28 A I /\ STATE-19-0648-A-000158 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 CO6 8 4 4 6 9 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 85 86 Approved by: Drafted by: Cleared by: 29 A I /\ STATE-19-0648-A-000159 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844693 Date: 12/12/2019 CO6844694 'IED U.S. DepartmentofState Case No. F-2019-06548 DocNo.C06844694 Date: 12/12/2019 RELEASE IN PART B5,B6 B6 From: Sent: Fri, 2 Aug 2019 14:07:53 +0000 To: Str ing, Marik A Cc: Dorosin, Joshua L; Subject: QFRs Attach: [DECONTROLLED [ ~-----------~ String Kaine QFRS8 2 2019.docx, String Menendez QFRS8 2 2019.docx I Marik , Josh - Attached are the two sets of QFRswe have received so far from the SFRC,from Senators Menendezand Ka;ne.l B5 Best, B6 Official - SBU UNCLASSIFIED A J1Ir pv 1/' A 1 STATE-19-0648-A-000160 .S. Department of State Case No. F-2019-06548 Doc No. C06844694 Date: 12/12/2019 CO68447OO'IED U.S. DepartmentofState Case No. F-2019-06548 DocNo.C06844700 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No.1) U.S. Senate Committee on Foreign Relations July 24, 2019 Date: 12/12/2019 RELEASE IN PART 85,86 Question 1: Is the Administration relying upon the 2002 AUMF as the sole legal authority to hold any detainees? Answer 1: 85 A J1Ir pv 1/' A 1 STATE-19-0648-A-000161 .S. Department of State Case No. F-2019-06548 Doc No. C06844700 Date: 12/12/2019 CO6 8 4 4 7 OO·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844700 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. 2) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 2: Is the Administration relying upon the 2002 AUMF as the sole legal authority for any current U.S. military operations? Answer 2: B5 2 A I /\ STATE-19-0648-A-000162 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844700 Date: 12/12/2019 CO6 8 4 4 7 OO·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844700 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. 3) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 3: Please describe what ongoing U.S. military operations would be banned if the 2002 AUMF was repealed. Answer 3: B5 3 A I /\ STATE-19-0648-A-000163 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844700 Date: 12/12/2019 CO6 8 4 4 7 OO·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844700 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. 4) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 4: Does the Administration oppose the repeal of the 199 1 AUMF for the Gulf War? What impact would this repeal have on any current policies or operations? Answer 4: B5 4 A I /\ STATE-19-0648-A-000164 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844700 Date: 12/12/2019 CO6 8 4 4 7 OO·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844700 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. 5) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 5: Has the State Department been informed that any of the additional U.S. troops the President is sending to the Middle East will be deployed to Iraq? Answer 5: B5 5 A I /\ STATE-19-0648-A-000165 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844700 Date: 12/12/2019 CO6 8 4 4 7 OO·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844700 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. 6) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 6: Has the State Department been informed that part of the U.S. military mission in Iraq is to "watch Iran?" Answer 6: BS 6 A I /\ STATE-19-0648-A-000166 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844700 Date: 12/12/2019 CO6 8 4 4 7 OO·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844700 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. 7) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 7: What impact would basing U.S. forces in Iraq to focus on a counter-Iran mission have on our bilateral relationship? Answer 7: 85 7 A I /\ STATE-19-0648-A-000167 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844700 Date: 12/12/2019 CO6 8 4 4 7 OO·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844700 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. 8) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 8: Does the State Department believe that Iraq has consented to the conduct of counter-Iran activities by U.S. military personnel on its territory? Does the State Department believe that U.S. personnel can pursue those activities in Iraq without the Government oflraq's consent under international and U.S. domestic law? Answer 8: B5 8 A I /\ STATE-19-0648-A-000168 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844700 Date: 12/12/2019 CO6 8 4 4 7 OO·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844700 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. 9) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 9: Does the Department believe that the fact that a majority of both chambers of the current Congress oppose the use of military force against Iran- as reflected in the recent 50-40 vote in the Senate in support of S. Arndt. 883 to S. 1790 and the recent 251-170 vote in support of H. Arndt. 554 to H.R. 2500, both of which prohibited the use of funds for using military force against Iran absent congressional authorization, except in certain limited cases of self-defensedemonstrates Congressional intent that should be considered when evaluating the scope of activities that could be initiated pursuant to any existing statutes, including the 1991, 200 I or 2002 AUMFs? Answer 9: 85 9 A I\ STATE-19-0648-A-000169 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844700 Date: 12/12/2019 CO6 8 4 4 7 OO·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844700 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. 10) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 10: Does the Department believe that the following statement, which was includ ed in the conference report for the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub . L. 115-232), demonstrates Congressional intent that should be considered when evaluating the scope of activities that could be initiated pursuant to statutes that pre-date the conference report, including the 1991., 200 l and 2002 A UMFs? "The conferees note that nothing in this Act may be construed to authorize the use of the Armed Forces of the United State against Iran. At the time of the signing of this report, the conferees are not aware of any information that would justify the use of military force against Iran under any other statutory autho rity ." Answer 10: B5 A I\ STATE-19-0648-A-000170 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844700 Date: 12/12/2019 CO6 8 4 4 7 OO·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844700 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. 11) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 11: Will the Depa11ment commit to factoring this Congressional intent into its current and future eva luations of the 1991, 200 I and 2002 statutes? Answer 11: BS 11 A I\ STATE-19-0648-A-000171 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844700 Date: 12/12/2019 CO6 8 4 4 7 OO·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844700 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. 12) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 12: Does the Department believe that the executive branch is required to comply with its international legal obligations relating to the conduct of international and non-international armed conflicts- including those relating to jus ad bell um and jus in hello- as a matter of U.S. domestic law? Answer 12: B5 12 A I /\ STATE-19-0648-A-000172 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844700 Date: 12/12/2019 CO6 8 4 4 7 OO·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844700 Date: 12/12/2019 B5 B6 Approved by: Drafted by: Cleared by: D p S/P NEA PM CT H LIPM LIAN LIAN 13 A I /\ STATE-19-0648-A-000173 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844700 Date: 12/12/2019 CO6844718'1ED U.S. DepartmentofState Case No. F-2019-06548 DocNo.C06844718 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 1) U.S. Senate Committee on Foreign Relations July 24, 2019 Date: 12/12/2019 RELEASE IN PART B5,B6 Question 1: Do you believe that the administration has any legal authorization to use military force against Iran beyond self-defense of U.S . Armed Forces and personnel in the region? What authorization provides such a justification? Will you commit to seeking Congressional authorization for any other military action against Iran? Answer 1: 85 A J1Ir pv 1/' A 1 STATE-19-0648-A-000174 .S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 CO6 8 4 4 718'1ED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 2) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 2: Do you think it is necessary for Congress to pass a new AUMF in order for this administration to enter into military conflict with Iran? Answer 2: B5 2 A I /\ STATE-19-0648-A-000175 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 CO6 8 4 4 718'1ED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 3) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 3: In June of this year, the president asserted that he ordered- then called off- a strike on Iran in response to the shooting down of an American aerial unmanned vehicle. He publicly stated that he called off the attack because he didn't see it as "proportionate". a. Under what authority did the legal advisor determine the President was able to order this strike? b. Was there concunence between the State Department, the Defense Department, and the DOJ Office of Legal Counsel? c. Was there a written opinion? d. Would the AUMF apply to the shooting down of an unmanned vehicle? Answer 3: B5 3 A I /\ STATE-19-0648-A-000176 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 CO6 8 4 4 718'1ED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 4) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 4: If you believe that the President has sufficient legal authority to engage in combat with Iran, what are the limits of such authority in terms of what types of military operations he can conduct? For example, would he be able to order airstrikes against targets in or around Tehran that were not involved in any direct attack on U.S. persons , property, or military forces? On Iranian nuclear-related sites? Answer 4: B5 4 A I /\ STATE-19-0648-A-000177 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 CO6 8 4 4 718'1ED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 5) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 5: The 2001 AUMF has operated as the legal justification for myriad conflicts over the past seventeen years. Originally intended to target those respons ible for the September 11 terrorist attacks, it is now used as a veritable blank check to prosecute combat operations around the globe. a. How does the 2001 AUMF apply to current combat operations in Middle East? b. How has the "associated forces" clause in the 2001 AUMF affected our ability to properly target enemies and combat ten-orism? c. What limitations to do you see on the Administration's assertion that the 2001 AUMF authorizes the United States to act in self-defense of partner forces? What if such "selfdefense" actions risked hostilities between the United States and another country (e.g. Turkey, Russia, or Syria) - would the Administration view such "self-defense" as authorized by the 2001 AUMF? Answer 5: 85 5 A I /\ STATE-19-0648-A-000178 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 CO6 8 4 4 718'1ED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 BS 6 A I /\ STATE-19-0648-A-000179 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 CO6 8 4 4 718'1ED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 6) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 6: One of the key concerns that many in this body have noted about the 2001 AUMF is its lack ofa sunset provision that would provide a definitive end date for combat operat ions. a. ~ow do you think the lack of sunset provision in the 2001 AUMF has affected U.S. combat operations? How has it affected other nation' s perception of U.S. combat operations?] b. Do you believe such sunset provisions are beneficial to an AUMF? Answer 6: 85 7 A I\ STATE-19-0648-A-000180 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 CO6 8 4 4 718'1ED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 7) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 7: National Security Advisor John Bolton stated in June that the U.S. is expanding offensive cyber operations in order to counter digital economic espionage and other commercial issues. These comments followed on the continued empowering of the executive branch, whether via the Cyber Strategy or new National Security Presidential Memorandum 13, to prosecute offensive cyber operations in order to "defend forward." However, these operations put forth the question of what actions require Congressional approval. a. Please describe the types of cyber operations that the Administration would anticipate reporting pursuant to section 4 of the War Powers Resolution . b. Does the United States currently rely on either the 2001 or 2002 AUMFs as a statutory basis for cyber operations? c. What types of operations you believe require congressional authorization, and which ones do you believe fall below such a threshold? d. Do the operations that the U.S. is conducting to stop economic espionage in the digital domain require an authorization , in your estimation? e. What kinds of limits should a cyber AUMF place on US actions in the digital domain? Should such an AUMF stretch beyond the digital domain and constrain actions in the physical world? Answer 7: B5 8 A I /\ STATE-19-0648-A-000181 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 CO6 8 4 4 718'1ED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 8) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 8: The United States remains a key protector of human rights and individual freedoms around the globe. Any AUMF must keep in mind the role the U.S. plays in protecting these rights. a. Do you believe that human rights should play a role in AUMFs, and what role should they play in an AUMF that specifically targets terrorists? b. What mechanisms can Congress institute to help ensure that human rights remain at the center of a new AUMF? Answer 8: BS 9 A I /\ STATE-19-0648-A-000182 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 CO6 8 4 4 718'1ED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 9) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 9: In recent years, it seems that the Executive Branch has more frequently resorted to the use of force absent an AUMF or declaration of war. I think it is important for everyone to remember that declaring war and authorizing the use of force is a Constitutional role vested in Congress, and in this committee in particular. How , in your view, has the power to prosecute a conflict changed over the last several decades? Do you believe that there has been less transparency by the Executive Branch regarding conflicts? What are the constraints on Article II authority that you see? Answer 9: 85 10 A I /\ STATE-19-0648-A-000183 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 CO6 8 4 4 718'1ED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 BS 11 A I /\ STATE-19-0648-A-000184 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 CO6 8 4 4 718'1ED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 10) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 10: What do you believe is the proper balance between providing the President with the tools needed to respond to emergencies with Congress's role of being the body to declare war? Answer 10: B5 12 A I /\ STATE-19-0648-A-000185 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 CO6 8 4 4 718'1ED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 BS 13 A I /\ STATE-19-0648-A-000186 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 CO6 8 4 4 718'1ED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 11) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 11: When is Congressional engagement necessary in the use of force? Answer 11: B5 14 A I /\ STATE-19-0648-A-000187 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 CO6 8 4 4 718'1ED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 12) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 12: Section 36( c)(2) of the AECA specifically says "if the President states in his certification that an emergency exists ... thus waiving the requirements of subparagrap hs (A) and (B) ... " - but the commercial sales were under subparagraph (C). a. What is the Office of Legal Advisor's legal analysis of this provision? How does it conclude that the Secretary had the legal authority to use this provision with regard to the 13 direct commercial sales to Saudi Arabia and the UAE that he included in his May 24, 2019 emergency determination? b. What is the justification for invoking an emergency declaration , when the plain language of the statute does not say that there is such an authority for commercial sales? c. If your argument is that Congress erred when it amended that provision in 2002, please provide the evidentiary basis for that contention, including how you determined Congressional intent by citing the Congressional reports or statements that buttress your position. d. If your argument is that Congress erred when it amended that provision in 2002 , is there not a legal doctrine of interpretation oflaw that states , basically , that a provision oflaw that has remained unchallenged for years or has not been the subject of attempts to correct, then that provision of law should be followed according to the plain-letter meaning? If so, why did the Office of Legal Advisor not use this doctrine of interpretation? Does the Office of Legal Advisor apply this doctrine oflegal interpretation in other situations? Answer 12: B5 15 A I /\ STATE-19-0648-A-000188 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 CO6 8 4 4 718'1ED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 13) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 13: Did you, or did anyone in the office of the Legal Adviser, produce a written legal analysis, detennination, or recommendation that the Secretary of State had the authority to invoke an emergency certification? If so, will the State Department provide a copy of that written or any related legal analysis , determination and/or recommendation to the Committee? If not, what legal privilege is State claiming to exercise that prevents it, or enables it, from providing such written legal analysis, determination and/or recommendation to the Committee - the Committee of oversight for the Department and for these issues? Answer 13: BS 16 A I /\ STATE-19-0648-A-000189 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 CO6 8 4 4 718'1ED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 14) U.S. Senate Committee on Foreign Relations July 24, 2019 85~ Question 14:I ~-------B6__J Mr. String, is the U.S. Mexico Joint Declaration binding for purposes of international law? a. As you know, I have asked variations on this question numerous times. Why has the Department been so reluctant to answer my basic questions about this? b. As a legal expert on international instruments, how would you characterize this agreement? Answer 14: 85 17 A I\ STATE-19-0648-A-000190 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 CO6 8 4 4 718'1ED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 15) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 15: At the hearing, you stated that the U.S.-Mexico Declaration was "an important authoritative agreement that's been agreed to." What do you mean by an "important authoritat ive agreement"? a. Does an "authoritative agreement" impose any obligations on either country? If so, what obligations? b. Is such an agreement binding for purposes of international law? Answer 15: B5 18 A I /\ STATE-19-0648-A-000191 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 CO6 8 4 4 718'1ED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 16) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 16: What is your understanding of how the President views the U.S. Mexico Joint Declaration, in te1ms of whether it imposes obligat ions on Mexico or the United States? Have you or has the Department briefed the President on the Joint Declaration? Answer 16: B5 19 A I /\ STATE-19-0648-A-000192 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 CO6 8 4 4 718'1ED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 17) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 17: Your answers at the hearing seemed to indicate that there are ongoing discussions with Mexico about other or related agreements. Can you clarify? What are the status of those? Are they intended to impose binding obligations for purposes of international law on each country? Answer 17: 85 20 A I /\ STATE-19-0648-A-000193 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 CO6 8 4 4 718'1ED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 18) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 18: You stated that the executive branch was still considering whether the U.S.-Mexico Joint Declaration would be reported under the Case Act. Please provide an update of those discussions and the factors relevant to whether the Administration will do so. Answer 18: B5 21 A I /\ STATE-19-0648-A-000194 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 CO6 8 4 4 718'1ED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 19) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 19: Beyond the Joint Declaration - which appears to be just a statement by two parties- and the supplementary agreement, which on its face doesn't create any binding obligations, has the U.S. and Mexico entered into any other commitments or agreements related to migration? Any others that were supposedly to resolve the tariff threats? How would you characterize those agreements and when will this Committee receive copies? Answer 19: 85 22 A I /\ STATE-19-0648-A-000195 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 CO6 8 4 4 718'1ED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 20) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 20: The U.S. also reportedly recently entered into an agreement with Guatemala on migration issues. What was agreed to? Is there a written document? When will you provide any such documents to the Committee? Answer 20: B5 23 A I\ STATE-19-0648-A-000196 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 CO6 8 4 4 718'1ED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 21) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 21: Has the Department conducted its own assessment of whether Guatemala can serve as a safe third country under U.S. law? What was the result of that assessment? Answer 21: B5 24 A I /\ STATE-19-0648-A-000197 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 CO6 8 4 4 718'1ED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 22) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 22: Has the Department provided a recommendation to the White House as to whether Guatemala can serve as a safe third country under U.S. law? What was that recommendation? Answer 22: B5 25 A I /\ STATE-19-0648-A-000198 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 CO6 8 4 4 718'1ED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 23) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 23: In the current or previous Adminis trations, has the Office of the Legal Adviser analyzed the legality under internationa l law of U.S. support for Saud i Arabia's prosecution of the confl ict in Yemen (to include arms sales , logistical and intelligence support)? If yes, please indicate whether any such analysis resulted in the conclusion that U.S. officials or personnel participating in such activities would be exposed to charges of war crimes? Please provide any such analyses in unclassified form, to the extent possible, or in a classified format. Answer 23: B5 26 A I /\ STATE-19-0648-A-000199 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 CO6 8 4 4 718'1ED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 24) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 24: As you know, the Global Magnitsky Human Rights Accountability Act requires the President, upon receipt of a request from the Chairman and Ranking Member of the Senate Committee on Foreign Relations , to determine whether a foreign person is responsible for an extrajudicial killing, torture, or other gross violation of internationally recognized human rights against an individual exercising freedom of expression, and report to the Committee within 120 days with a determination and a decision on the imposition of sanctions on that foreign person or persons. Last year, Senator Menendez, as the Ranking Member of the Senate Foreign Relations Committee, along with then Chai1man Bob Corker made such a request with respect to Saudis involved in the Khashoggi murder, including specifically Crown Prince Mohammed bin Salman. Yet the Administration has not made such a determination. a. Why has the administration not made the determination as required by statute? b. Did the Department make a legal assessment regarding its obligation to submit a report to the Chairman and Ranking Member of the Senate Foreign Relations Committee pursuant to section 1263(d) of the Global Magnitsky Act? If so, what did that assessment conclude? c. Is the Department engaged in its own effort or supporting the efforts of other U.S. government agencies to uncover all of the perpetrators ofKhashoggi's murder, including those who ordered, directed, or otherwise controlled the murder? If so, what is the status of that investigation and who is leading it? If not, why not? Answer 24: BS 27 A I /\ STATE-19-0648-A-000200 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 CO6 8 4 4 718'1ED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 B5 28 A I /\ STATE-19-0648-A-000201 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 CO6 8 4 4 718'1ED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 B5 B6 Approved by: Drafted by: Cleared by: D p S/P DRL NEA PM WHA S/CCI CT ~------~ L/T: L__~ _____ ____J-- 7 LIHRR: LIM: ~-----~-~ LIPM: LIAN: LIPM: LIHRR'-r-------___J 29 A I /\ STATE-19-0648-A-000202 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844718 Date: 12/12/2019 CO6844731'1ED U.S. DepartmentofState Case No. F-2019-06548 DocNo.C06844731 Date: 12/12/2019 RELEASE IN PART 85,86 B6 From: Tue, 13 Aug 2019 14:27:04 +0000 Sent: IDECONTROLLEDI To: Subject: RE:AUMF To close the loop C7 B6 I B5 Phew!! Serves me right for re-reading something that was done weeks ago ... Best, B6 Official UNCLASSIFIED From: ~ -----------~ Sent: Tuesday, August 13, 2019 7:25 AM To: I I Subject: Re: AUMF That may be right as well. Let me know what he says Sent from my BlackBerry 10 smartphone. From:~---~ Sent: Tuesday,Au:ust 13, 2019 3:41 AM To:I - I Sul>Ject:RE: ADM B6 n- J It just occurred to mel B6 B6 I I B5 Official - SBU UNCLASSIFIED From: ~---~ Se~t: Tuesdav. August 13 2019 3·30 AM To: I ~-----------~ Subject: AUMF D B6 Yesterday afternoon, tomorrow I A J1Ir pv 1/' A 1 in Lj when I was going through the materials to prepare for the AUMF brown bag 7 1 STATE-19-0648-A-000203 .S. Department of State Case No. F-2019-06548 Doc No. C06844731 Date: 12/12/2019 B5 CO6 8 4 4 7 3 l'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844731 Date: 12/12/2019 B5 B6 Best, B6 Official - SBU UNCLASSIFIED A I /\ STATE-19-0648-A-000204 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844731 Date: 12/12/2019 C0684474TIED U.S. DepartmentofState Case No. F-2019-06548 DocNo.C06844747 Date: 12/12/2019 RELEASE IN PART 85,86 B6 From: Sent: [DECONTROLLED[ Fri, 23 Aug 2019 14:48:21 +0000 To: Cc: ~----~ ;Dorosin, Joshua L Subject: RE:AUMF To close the loop on your question: I discussed with Marik and he's fairly confident that the hearing won't happen until October. He agreed that the materials and testimony won't need to be updated or drafted until closer to the hearing date . He didn't mention any new prep materials that he would like; he did say that he would like additional murder boards before the hearing. Best, Official - SBU UNCLASSIFIED From: ~----------Sent: Wednesday, August 21, 2019 8:04 PM To: ; Dorosin, Joshua L Cc: ~-----------~ Subject: RE:AUMF Fantastic , thanks D ! Best, Fromf r Date: August 22, 2019 at I: 50: 12 AM GMI +2 To: r----------------'~ Cc: , Dorosin, Joshua L 'c--~~~~~~-------~ Subject: RE: AUMF B6 ThanksJ B5 B6 ~------~ . Sept. 11 or 12 remain the earliest possible dates; Marik's preference continues to be October (the 16th and 1ih were mentioned by Has possible dates then) . I'll check with Marik what his preferences are regarding prep materials this time around. I think that timing for updating the materials will depend on when the hearing is scheduled, since they'll obviously need to take account of the most recent events . I'll update you as soon as I find out more. A J1Ir pv 1/' A 1 STATE-19-0648-A-000205 .S. Department of State Case No. F-2019-06548 Doc No. C06844747 Date: 12/12/2019 CO6 8 4 4 7 4 TIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844747 Date: 12/12/2019 Official UNCLASSIFIED 86 From:~------------~ Sent: Wednesday August 21 2019 7:02 PM To: _I _______ Cc:I ~-~~ r; Dorosin, Joshua L Subject: AUMF I wanted to check in about how Marik would like us to support his prep for the HF AC AUMF hearing. Will you plan to go back to H about his attendance at the hearing and dates, or shall I do that? And next , in terms of prep materials , last time we created a hard QA, a statement for the record , a cheat sheet, and a resource binder. I plan to update all four unless you tell me otherwise. Is there anything else you or he would like us to work on? And finally, ifwe do end up zeroing in on Sept. 11 as the date, when would he like to have drafts of everything (noting that we need to leave at least 24 hours for 0MB clearance of the statement)? Best, A I /\ STATE-19-0648-A-000206 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844747 Date: 12/12/2019          CQ(ci???ii 7 miE*i 3/4 ?6bB5?FE2 =,i i-?55D +iE&A Si 7$(ii Hu!?'Qi,G aMi 6Di?FpikGBPiE%?ik(2idG<\1oi f ij!?ij'A!D1i Ai!O iiU i??O!ii+K8 i6aYi(C)|]??i = v iSi! i$Li&   i+cii  'N i/iE /?i %q i WiM4iih:c?iTriPi;8Oih,A"iHy? i i wi#i;i:)2JPYi "PPi  ?hiA1vuiAiNi Q 9oi NoiTHai>iIi e eipIi90i@oi ii & xi %iWuxoiwi)iuuU|iiU i;JiC ~  !i AELiei. 4iliAG$ ?iXg!i??Cii iKEDOEi" ? l3iI 3i iHAcidi-@?iIAi??i(R)ZGDEi i e##*-1#c(i\a?*i -oJi@Lnaiei~i )O ?ihZ6b?aFE'YiI0iTriNgeie i 0G8 ?i].?4B^+-^uBHeE?i i//i&  $  Oi9)iTiDi z?*i {?i  ?d i7Ci%Ei +a)2Xi+  i ,Ui>ici The Freedom oflnformation Ad (5 USC 552) FOIA Exemptions (bXl) Information specificaJly authorized by an executive order fo be kept secret in the interest of national defense or foreign policy. Executive Order 13526 includes the following classification categories: Military plans, systems, or operations Foreign government information Intelligence activities, sources or methods, or cryptology Foreign relations or foreign activities of the US, including confidential sources Scientific., technological, or economic matters relating to national security, including defense against transnational terrorism l.4(f) U.S. Government programs for safeguarding nuclear materials or facilities 1.4(g) Vulnerabilities or capabilities of systems, installations, infrastructures, projects, plans, or protection services relating to US national security, including defense against transnational terrorism l .4(h) Weapons of mass destruction l.4(a) 1.4(b) 1.4(c) 1.4( d) 1.4(e) (b)(2) Related solely to the internal personnel rules and practices of an agency (bX3) Specifically exempted from disclosure by statute (other than 5 USC 552), for example: ARMSEXP CIA PERS/ORG EXPORT CONTROL FSACT INA IRAN Anns Export Control Act, 50a USC 241 l{c) Central Intelligence Agency Act of 1949, 50 USC 403(g) Export Administration Act of 1979, SOUSC App. Sec. 241 l(c) Foreign Service Act of 1980, 22 USC 4004 Immigration and Nationality Act, 8 USC 1202{f), Sec. 222(1) Iran Claims Settlement Act, Public Law 99-99, Sec. 505 (bX4) Trade secrets and confidential commercial or financial infonnation (bXS) Interagency or intra-agency communications forming part of the deliberative process, attorney-client privilege~ or attorney work product (bX6) Personal privacy information (bX7) Law enforcement information whose disclosure would: (A) (B) (C) (D) (E) (F) interfere with enforcement proceedings deprive a person of a fair trial constitute an unwarranted invasion of personal privacy disclose confidential sources disclose mvcstigation techniques endanger life or physical safety of an individual (bX8) Prepared by or for a government agency regulating or supervising financial institutions (bX9) Geological and geophysical information and data, including maps, concerning wells Other Grounds for Withholding NR Material not responsive to a FOIA request excised with the agreement of the requester UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847462 Date: 01/27/2020 Questions for the Record Submitted to Secretary of State Rex Tillerson and Secretary of Defense James Matti by Senator Robert Menendez (#7) Senate Foreign Relations Committee October 30 2017 RELEASE IN PART B5,B6 Question 7: As Iran ' s influence continues to grow in Sy1ia, what measures would we take if lran attacked U .S.-backed forces there? [lf so] Under what authorities? Answer: 85 STATE-19-0648-B-000001 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847462 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847462 Date: 01/27/2020 BS Approved: UFO - Drafted: L/PM - Cleared: LIAN: L/PM: EA/LEV: EA/I: H: P: SIP: D: CT: S/SECI: DoJ/OLC : DoD/OGC: SC/Legal: BS B6 (ok) (ok) (ok) (ok) (ok) (ok) (ok) (ok) (ok) (ok) () 0 0 STATE-19-0648-B-000002 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847462 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850008 Date: 01/27/2020 Unitt.d S1aL<'!-DP-parlnwnl of Stalf-' ltashin{!ton. /J.C. :20S20 jRELEASE IN FULL] The Honorable Bob Cor ker, Chai rman Committee on Foreign Relatio ns United States Senate Washington, DC 20510 AUG 2 20\? Dear Mr. Chainn an: Thank you for your letter ofJune 2 1, 2017, regarding the legal basis for the use of force in U.S . mil itary actions in Syria in May and June 2017. The United States has suffic ient legal authority to prosecute the campaign against al-Qa'ida and associated forces, including agai nst the Islamic State of Iraq and Syria (ISIS). This legal authority includes the 2001 Authorization for the Use Military Force (AUMF) which authorizes the use of military force agains t these groups. According ly. the Ad.ministration is not seeki ng revisions to the 2001 AUMF or additi onal authorizations to use force. The 200 I AUMF also prov ides autho rity to use force to de fend U.S., Coalition, and partner forces engaged in the campai gn to defeat ISIS to the extent such use of force is a necessary and appropriate measure in support of counter-1SIS operat ions. As Secretary Tillerson indicated in his testimony before the Comm ittee on June 13, 20 I 7. our purpose and reason for being in Syria are unchanged: defeating ISIS. The strikes taken by the United States in May and June 2017 against the Syrian Government and pro-Syr ian-Gove rnm ent forces were limited and lawful measure s to cou nter immediate threats to U.S. or partner forces engaged in tha t campa ign. The United States does not seek to fight the Syrian Governmen t or pro-Syrian-Governmen t forces. However, the United States will not hesitate to use necessary and proportionate force to defend U.S .. Coa lition , or partner forces engaged in the campaign against ISIS. As a matter of international law, the United States is using force in Syria against al-Qa ' ida and associated forces, includi ng ISIS , and is providing support to Syrian partners fighting ISIS, such as the Syrian Democratic Forces , in the co llective self-defense of Iraq (and othe r States) and in U.S. national self -defense. Upon commencing airst rikes aga inst ISTS in Syria in September 2014, the United States submitted a letter to the U.N. Security Council consistent with Article 51 of the U.N. Charter exp laining the internat ional legal basi s for its use of force. As the letter explained, Iraq has made clear that it faces serious threats of continuing armed attacks from ISIS, operati ng from safe havens in Syria; the Syrian Government has shown it cannot, or will not, confront these safe havens. The Government of Iraq has reques ted the Un ited States lead internat iona l efforts to strike ISIS sites and strongh old s inside Syria to end armed atta cks on Iraq, STATE-19-0648-B-000003 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850008 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850008 Date: 01/27/2020 to protect Iraqi citizens. and to enable Iraq to control its borders. Moreover, ISIS threatens Iraq, U.S. partners in the region, and the United States. The refore, consisten t with the inherent right of individu al and collective se lf-defense , the United States initiated necessary and proportionate actions in Syria against ISIS in 2014 . and those actio ns conti nue to the present day. Such necessary and proportionate measures include the use of force to defend U.S., Coal ition, and U.S.-supported partner forces from threats by Syr ian Government and pro-Syrian Government forces. We hope this infom1ation is useful. Please do not hesitate to contact us if we can be of further assistance. Sincerely. Charles Fau lkner Bureau of Legislative Affa irs STATE-19-0648-B-000004 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850008 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850010 Date: 01/27/2020 86 From: Sent: Thu, 16 May 2019 14 :15:05 +0000 To: Cc: I Fabry, Steven Fl RELEASE IN PART B5,B6 I ------------------~ Subject : RE: L Pen: DAS Lenderking QFRs: Malinowski 3 Malinowski 3 L Draft 5 16 19.docx Attach: Here is a dr aft respon se for yo u to pass t o,__,__ just for aw areness in Josh' s absence - Ste ve, Please cc me wh en yo u send it alon g. Adding Ste ve 85 Best, 86 I From: ~----------'------.1 Sent: Thursday , May 16, 2019 8:25 AM To: ~------=-----------i'.,__ ___ _JDoros in, Joshua L i~-----~ ~; Legal-PM- DL Cc:'-:-------::::-:-:-------::-----::--:-=-:---:-L ....,...,-------, c-=c----,,i-:--:-:----:--:---=-------( ____ Subject: FW: L Pen: DAS Lenderk ing QFRs: Mal inowski 3 Importance: High __J This QFR deals wi th Iran and AU MF. Official UNCLASSIFIED From: Sent: Wednesday, May 15, 2019 3:41 PM L To:L =1 Cc:NEA-RMA-CONGRESSIONAL-DL ; ~-----~ Subject: L Pen: DAS Lenderk ing QFRs: Mal inows ki 3 L Colleagues , NEA DAS for Arab ian Peninsula Aff airs Tim Lenderking test ified before HFAC last wee k on Gulf pol icy. t...o ... ,o. '. - o -.. ,. . ' o ' o - .... -. f".- o - .... - o -- ' .. ----.-.-. Thanks , I I STATE-19-0648-B-000005 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850010 Date: 01/27/2020 86 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850010 Date: 01/27/2020 B6 Congressional Affairs Regional and Multilateral Affairs Office Near Eastern Affa irs Bureau HST Room 4239, I I Official UNCLASSIFIED STATE-19-0648-B-000006 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850010 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850011 Date: 01/27/2020 VNCLA SIFIED Questions for the Record Submitted to Secretary of State Michael Pompeo by Repres entative Tom Malinowski (#3) May 8, 2019 RELEASE IN PART 85,86 _j l Question: Does the 2001 AUMF cover conflict with Iran? Answer: 85 UNCLASSrFTED STATE-19-0648-B-000007 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850011 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850011 Date: 01/27/2020 UNCLASSfFIED -2- Approved: Drafted: L/PM Cleared: D: P: S/P: B5 B6 II : R: PA: EA: H: UNCLASSfFIED STATE-19-0648-B-000008 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850011 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850013 Date: 01/27/2020 RELEASE IN PART 85,86 [DECONTROLLED ] From: Sent: To: Cc: 86 Fri, 28 Jun 2019 13:02:18 +0000 L 7 visek, Richard C Legal-FO-Except-Adviser-DL Subject: RE: L Press - FW: Q on Congressmen letter asking State lawyer for AUMF answer re Iran Request your clearance on this response: 85 Thanks D 86 Official - SBU UNCLASSIFIED From:~------- -1.-__ __J Sent: Friday, June 28, 2019 8:39 AM To: Visek, Richard C =;:=:---------:= :;==~:.6============; =~== ..--:--:-1=--:------__J Legal-FO-Except--,-----~-'----__J___;;:;_______,., Adviser-DL ; ~-------------' Cc: ~-------"Subject: RE: L Press - FW: Q on Congressmen letter asking State lawyer for AUMF answer re Iran 85 STATE-19-0648-B-000009 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850013 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850013 Date: 01/27/2020 Official - SBU UNCLASSIFIED From: Visek, Richard C -' ====-===~ Sent: Friday, June 28, 2019 8:17 AM To: Legal-FO-Except-Adviser-DL <~O-Except-AdviserDL@state.gov >; Cc:'-:--:-::-::--:-=- - ---:-;--:--:----;::-----(__ __ _J Subject: RE: L Press - FW: Q on Congressmen letter asking State lawyer for AUMF answer re Iran + L/PM Official - SBU UNCLASSIFIED From: ~=========---.!. Sent: Friday, June 28, 2019 7:56 AM Legal- To: ~==-,--====-,--==-'--.,....--'-- -------------'----__J FO-Except-Adviser-DL Cc: --:-----:-=:-:-: -:- ::--- --=-::-:--=:----L;..----.l-;--:-: Subject: FW: L Press - FW: Q on Congressmen letter asking State lawyer for AUMF answer re Iran FYI Official - SBU UNCLASSIFIED From: ~---- - -- -l,____ _J Sent: Friday, June 28, 2019 7:30 AM To:C 7c===::.rs==-:-:----:-:-:--:--:--:-:-:-::-:::-,____--:----' Subject: L Press - FW: Q on Congressmen letter asking State lawyer for AUMF answer re Iran ] Much th ank s. From: Atwood, Kylie ~--------~ Sent: Thursday , June 27, 2019 9:46 PM To: PA Press Duty ; '--------------L------' Subject: Q on Congressmen letter asking State lawyer for AUMF answer re Iran Hi - will State be responding, by the deadline of tomorrow am at 9 am, to the letter that two members of congress sent requesting the State Department legal adv isor to provide an op inion as to if the AUMF gives the Trump administration legal authority to attack Iran? If a response is given , can you share the details of the determination? STATE-19-0648-B-000010 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850013 Date: 01/27/2020 B5 B6 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850013 Date: 01/27/2020 If no response is given, does State plan to give one and needs more time or will the quest be ignored? The letter that I am referencing is attached. Thanks!, Kylie Kylie Atwood CNN National Security Reporter Cell:I I STATE-19-0648-B-000011 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850013 Date: 01/27/2020 86 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850014 Date : 01/27/2020 RELEASE IN PART 85 ,86 86 From: Sent: To: IDECONTROLLED I Fri, 28 Jun 2019 12:38:49 +0000 Visek, Richard cr~- - ----FO-Except-Adviser-D4 I ----------~ llegal - 1--- Cc: Subject: RE:L Press - FW: Q on Congressmen letter asking State lawyer for AUMFanswer re Iran Attach: AUMFand Udall Amendment talkers 85 Official - SBU UNCLASSIFIED _____ From: Visek, Richard C ,....,_,,. Sent: Friday, June 28, 2019 8:17 AM ~ 86 To: ; Legal-FO-Except-Adviser-DL a 1 Cc:~I------------~ Subject: RE: L Press - FW: Q on Congressmen letter asking State lawyer for AUMF answer re Iran + L/PM Official - SBU UNCLASSIFIED From :[ ___ _ Sent: Friaay, June , : AM To:~ _____________________________ FO-Exce t-Adviser-DL Cc~---------------------------- Subject: FW: L Press - FW: Q on Congressmen letter asking State lawyer for AUM F answer re Iran FYI STATE-19-0648-B-000012 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850014 Date : 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850014 Date: 01/27/2020 Official - SBU UNCLASSIFIED From: B6 ~------------~ Sent: Friday, June 28, 2019 7:30 AM To: ~-----------------------------~ Subject: L Press- FW: Q on Congressmen letter asking State lawyer for AUMF answer re Iran uch thanks. From: Atwood, Kylie Sent: Thursday, June ..,,.. 2= 7,~2~0~1~9~9-:4~6~P ~M ~--~--~--------------~ To: PA Press Duty ; Subject: Q on Congressmen letter asking State~~aw - ye-r~o- r~ rn-rv, answer re ran Hi - will State be responding, by the deadline of tomorrow am at 9 am, to the letter that two members of congress sent requesting the State Department legal advisor to provide an opinion as to if the AUMF gives the Trump administration legal authority to attack Iran? If a response is given, can you share the details of the determination? If no response is given, does State plan to give one and needs more time or will the quest be ignored? The letter that I am referencing is attached. Thanks!, Kylie Kylie Atwood CNN National Security Reporter Cellj I STATE-19-0648-B-000013 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850014 Date: 01/27/2020 B5 B6 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850030 Date : 01/27/2020 RELEASE IN PART 85,86 From: Sent: To: Cc: [DECONTROLLED ] 86 Thu, 27 Jun 2019 22:05:20 +0000 Fabry, Steven F;String, Marik A Dorosin, Joshua Subject: RE:Response to AUMF letter for clearance by COB Attach: Response to HFAC re AUMF 20190627 (CLEARED).docx Thank , Tsubmitted this ver .ion to H Staffers and CCU. Official - SBU UNCLASSIFIED 86 From: Sent: Thursday June 27, 2019 4:55 PM To: ..,_~ ,,__-----Man ~ ----' Cc:_Dorosin,Joshua _L,_<.:,.___ ~~-~-'l Fabry , Steven F < ~-----~ ________ ; String J--------i H Sta fers < Subject: RE: Response to AUMF letter for clearance by COB 85 ----,----.-~I is in the loop. Regards ~I-~ I am on leave starting hortly so just want to be ure everyone Regards, STATE-19-0648-B-000014 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850030 Date : 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850030 Date: 01/27/2020 LJ B6 Official - SBU U CLASSJFIKD From:~-----------~ Sent: Thursday , June 27 , 2019 3:33 PM To: Fabry, Steven F I>; Strini! Marik A ; ~-------------~ Cc: ~------------~ Subject: RE: L Press - FW: Q on Congressmen letter asking State lawyer for AUMF answer re Iran 85 Yes, answer shou ld have gone out on letter this morn ing. See attached. Official - SBU UNCLASSIFIED 86 From -=-,--.,---,-----,,,....,,--=--c--,...,,....,,........,.-c,.....,...,,--,----~ Sent: Friday, June 28, 2019 8:17 AM To: Legal-FO-Except-Adviser -DL ;I Ccj~-----------~ Subject: RE: L Press - FW: Q on Congressmen letter asking State lawyer for AUMF answer re Iran + L/PM Official - SBU UNCLASSIFIED From: ~-------------~ Sent: Friday, June 28, 2019 7:56 AM Legal- STATE-19-0648-B-000018 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850035 Date : 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850035 Date: 01/27/2020 Cc:~--------------------------------~ Subject: FW: L Press - FW: Q on Congressmen letter asking State lawyer for AUMF answer re Iran B6 FYI Official - SBU UNCLASSIFIED From: ~------------~ Sent: Friday, June 28, 2019 7:30 AM To: SubJect: etter as mg tate awyer or answer re ran . Much thanks . From: Atwood, Kylie...._________ ~ Sent: Thursday, June 27, 2019 9:46 PM To: PA Press Duty ; ~--------------~ Subject: Q on Congressmen letter asking State lawyer for AUMF answer re Iran B5 B6 Hi - will State be responding, by the deadline of tomorrow am at 9 am, to the letter that two members of congress sent requesting the State Department legal advisor to provide an opinion as to if the AUMF gives the Trump administration legal authority to attack Iran? If a response is given, can you share the details of the determination? If no response is given, does State plan to give one and needs more time or will the quest be ignored? The letter that I am referencing is attached. Thanks!, Kylie Kylie Atwood CNNNational Security Reporter Cell:[ 7 STATE-19-0648-B-000019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850035 Date: 01/27/2020 B6 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850039 Date: 01/27/2020 [RELEASE IN PART B5,B6[ From: Sent: To: L 86 Tue, 25 Jun 2019 20:15:27 +0000 borosin, Joshua L;Visek, Richard d Cc: Subject: RE: Letter to Mr. String on AUMF Attach: QFR_NOMS_Udall 1.docx, QFR_NOMS_Merkley 1.docx All - 85 Best, 86 I Official UNCLASSIFIED From: '-------------~ Sent: Tuesday, June 25, 2019 4:04 PM To: Dorosin, Joshua L < ; Visek, Richard C Cc: Subject: FW: Letter to Mr. String on AUMF Chairmen Deutch and Engel have written requesting L ful fill an offer by Brian Hook to prov ide an op inion on the legality of military action against Iran und er the AUMF. They have t urned it into a document request. Due this Friday. Official UNCLASSIFIED From: Bair, James .__________ _, Sent: Tuesday, June 25, 2019 3:19 PM To: STATE-19-0648-B-000020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850039 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850039 Date: 01/27/2020 B6 Cc:Carey, Laura~---------~ Subject: FW: Letter to Mr. String on AUMF FYSA James P. Bair 0 : (202) 225-1255 (J From: I Carey, Laura Sent: Tuesday, June 25, 2019 2:31 PM To: ~--=========,----------------------' Dorosin, Joshua L Cc:Steinbaum, Jason ; Kustin,Casey :::==============._===-===-===_:_, .--:lo _z_z-:-i,-=M -=-a-r-;k::::::::=~~~~~~~~~:~:::::.....:: C-=. ampbell, Doug ~-----------' ; Bair, James ~--------~ Subject: Letter to Mr. String on AUMF HelloState colleagues, Please see the attached letter from Chairmen Engeland Deutch-a paper copy is also on its way to you. Let us know if you have any questions. Thanks! Laura et al laura Carey Senior ProfessionalStaff Member, Oversight (majority) House Committee on ForeignAffairs I [ I STATE-19-0648-B-000021 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850039 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850040 Date: 01/27/2020 Questions for the Record Submitted to Ambassador Kelly Craft by Senator Udall ~o. l Senate Foreign Relations Committee Hearing Date: June 19, 2019 RELEASE IN PART85 Question 1 In your opinion does the 2001 AUMF authorize hostilities against Iran? Answer 1: 85 STATE-19-0648-B-000022 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850040 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850042 Date: 01/27/2020 Questions for the Record Submitted to Ambassador Kelly Craft by Senator Merkley Xo. 1 Senate Foreign Relations Committee Hearing Date: June 19, 2019 !RELEASE IN PART ssj Question 1 In your nomination hearing, you pledged to Senator Todd Young (R-IN) that the administration would "consult' with Congres prior to making a decision to u e military force again t Tran. You did not directly answer Senator Young's question on whether the administration would seek explicit authorization from Congre s for the use of military force against Iran. Do you agree that the 2001 and 2002 Authorizations for the Use of Military force (AUMF) do not provide authorization for the use of milita1y force against lran? If so, will the administration consult with Congress and seek its explicit approval for the introduction of U.S. anned forces into hostilities with Iran? Answer 1: B5 STATE-19-0648-B-000023 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850042 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850045 Date: 01/27/2020 RELEASE IN PART 85,86 86 From: Sent: Mon, 22 Jul 2019 19:18:24 +0000 To: Subject: RE:Murder Board for SFRC- Monday at 1600 Attach: [QECONTROL@] P Hard QAs AUMF 7 22 2019.docx 85 Thanks If you'd rather review now, here is the current draft with updated clearance page. ~-----~ Best, C7 86 Official - SBU UNCLASSIFIED From:~---------------~ Sent: Monday, July 22, 2019 3:14 PM To: Subject: FW: Murder Board for SFRC- Monday at 1600 ~----~ passing these docs along for awareness. Official - Transitory UNCLASSIFIED From:'----,--,........,-----=-c,--,,-~--,,,-.,,...,,-~ --~ Sent: Monday, July 22, 2019 3:09 PM To; String. Mar ik A 1> :I '-. ---~~....,..........~----' [Dorosin, Joshua L Cc: Subject: Murder Board for SFRC- Monday at 1600 Just want to reconfirm your attendance at the 1600 murder board . I am sending the attached for your reference; not all of them have been fully cleared yet . Official - Transitory UNCLASSIFIED STATE-19-0648-B-000024 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850045 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850050 Date: 01/27/2020 RELEASE IN PART 85,86 86 From: Sent: To: Wed, 17 Jul 2019 00:38:05 +0000 -------------~ Donnelly, Colleen G Steven F;Visek, Richard C A -'---- - a ~y~o ~r~, ~ ~- Dorosin, Joshua L;Fabry, _____, ,zabeth;String, Marik Subject: Re: Murder Board on AUMF issues Attach: AUMF Briefing TPs and Hard QA 7 16 2019 CLEARED.docx Colleen 85 The current talking points and hard QA are attached , D B6 L __ From: Donnelly, Colleen G Date: Jul 16 2019 at 6:33:15 PM EDT To: ~------:=----~~-__, Dorosu1, Jo,---b_ua_ L_________ Steven F Visek Richard C aylor , Mary Elizabeth ~--~ , String, Marik A Subject: Murder Board on AUMF is ues Hello all, Please let me know if you can attend a murder board tomorrow with Marik String, who will brief SFRC and HFACstaff on Thursday on AUMF issues, and then testify before SFRCon July 24 regarding lran/AUMF issues (along with U/S Hale). We will meet in 6421 at 3:15 tomorrow. B5 B6 Sending a calendar invitation momentarily. STATE-19-0648-B-000025 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850050 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850050 Date: 01/27/2020 Many thanks, Colleen Colleen Donnelly Deputy Assistant Secretary Bureau of Legislative Affa irs (H) 86 Official UNCLASSIFIED STATE-19-0648-B-000026 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850050 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850062 Date: 01/27/2020 SENSITIVE BUT UNCLASSIFIE D/DRAFT/DELIBERAT IVE Briefing with SFRC and HFAC staff on AUMF Issues July 18, 2019 RELEASE IN PART B5 Opening Points B5 STATE-19-0648-B-000027 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850062 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850062 Date: 01/27/2020 SE SITIVE BUT UNCLASSrFIED /DRAFT /DELlBERA TIVE 85 2 STATE-19-0648-B-000028 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850062 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850062 Date: 01/27/2020 SE SITIVE BUT UNCLASSrFIED /DRAFT /DELlBERA TIVE 85 3 STATE-19-0648-B-000029 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850062 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850062 Date: 01/27/2020 SE SITIVE BUT UNCLASSrFIED /DRAFT /DELlBERA TIVE 85 4 STATE-19-0648-B-000030 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850062 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850062 Date: 01/27/2020 SE SITIVE BUT UNCLASSrFIED /DRAFT /DELlBERA TIVE 85 5 STATE-19-0648-B-000031 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850062 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850062 Date: 01/27/2020 SE SITIVE BUT UNCLASSrFIED /DRAFT /DELlBERA TIVE 85 6 STATE-19-0648-B-000032 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850062 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850062 Date: 01/27/2020 SE SITIVE BUT UNCLASSrFIED /DRAFT /DELlBERA TIVE 85 7 STATE-19-0648-B-000033 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850062 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850062 Date: 01/27/2020 SE SITIVE BUT UNCLASSrFIED /DRAFT /DELlBERA TIVE 85 8 STATE-19-0648-B-000034 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850062 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850062 Date: 01/27/2020 SE SITIVE BUT UNCLASSrFIED /DRAFT /DELlBERA TIVE 85 9 STATE-19-0648-B-000035 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850062 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850062 Date: 01/27/2020 SE SITIVE BUT UNCLASSrFIED /DRAFT /DELlBERA TIVE 85 10 STATE-19-0648-B-000036 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850062 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850063 Date: 01/27/2020 RELEASE IN PART 85,86 86 From: Wed, 17 Jul 2019 21:05:52 +0000 Sent: To: ~----~ Donnelly, Colleen Joshua L;Fabry, Steven F;j Gj J oorosin, rav Ior, Mary \==========-;---~ I Elizabeth;String Marik Aj Subject: RE:Murder Board on AUMF issues Attach: AUMFAmendments_HouseNDAAHR2500 .docx HFAC briefing is confirmed for tomorrow at 4 :30 p.m. in 2172 Rayburn . Attached are the AUMF/lran related amendments to the House NOAA that passed either by voice vote or recorded vote. If I am missing any, please fee l free to flag for the group. From: ~----------~ Sent: Tuesday, July 16, 2019 8:38 PM To: Donnelly, Colleen G ""-;========;:- ;-:V::i s-e-;k,--:R ::-:i--; ch-a-rd-;-:::-' C~ oros in, Joshua L Taylor, Mary Elizabeth < ; Fabry, Steven F ~-~ H..._______,..__ ___ ; String, Marik A I Subfect: Re: Murder Board on AUMF issues Colleen, The cutTenttalking points and hard QA are attached, ._______________ I ___, 85 I Best, I 86 From: Donnelly , Coll en G ~------~> Date: July 16, 2019 at 6:33:15 PM EDT '-:: s=te_v_e_n--= F::---r=======,---::-:-:_;;,_....__ _____ ,__J Dorosin, Joshua L , . ---:---: Richard C .----'---Elizabeth ........ ---""---'----"- , Fabr .<......., , Marik A STATE-19-0648-B-000037 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850063 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850063 Date: 01/27/2020 86 Subject: Murder Board on AUMF issues Hello all, Please let me know if you can attend a murder board tomorrow with Marik String, who will brief SFRC and HFACstaff on Thursday on AUMF issues, and then testify before SFRCon July 24 regarding lran/AUMF issues (along with U/S Hale). We will meet in 6421 at 3:15 tomorrow. 85 86 Sending a calendar invitation momentarily . Many thanks, Colleen Colleen Donnelly Deputy Assistant Secretary Bureau of legislative Affairs (H) LOfficial ~ UNCLASSIFIED STATE-19-0648-B-000038 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850063 Date: 01/27/2020 86 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850064 Date: 01/27/2020 [RELEASE IN FULL! AUMF/lran-related Amendments to the House FY2020 NDAA Passed as Part of an En Bloc Package by Voice Vote Kildee (D-MI), Speier (D-CA), Khanna (D-CA), Malinowski (D-NJ) - Amendment o. 221Requires the DoD to report to Congress on civilian casualtje cau ed by Saudi air trikes in Yemen and whether the Saudi strikes would have complied with the DoD's rules of engagement and interpretation of international law. Lieu (D-CA), Cicilline (D-RI), Malinowski (D- J) - Amendment No. 256 - Prohibits in-flight refueling to non United States aircraft that engage in hostilities in the ongoing civil war in Yemen for two years. or until a specific authorization bas been enacted. Engel (D-NY)- Amendment No. 426 -En ures reporting to Congress when U.S. forces are involved in hostilities if the President has not determined that the involvement is authorized by Congress and has not rep01tcd it pursuant to the War Powers Resolution. Engel (D-NY)- Amendment No. 427 - Improves congressional over ight of the 2001 Authorization for Use of Militaiy Force (AUMF) by requiring the President to submit reports and provide briefings on action related to that authority. AUMF/Iran-related Amendments to the House FY2020 NDAA Passed as a Stand-Alone Smjth, Adam (D-W A) - Amendment o. 26 - Prohibits s11ppo1tto and patticipation in the Saudi -led coalition's militar o erations a ainst tbe Houthis in Yemen Y 240 Lee,Barbara (D-CA), Lewis (D-GA), Amash (I-MI), Schiff (D-CA), Pocan (D-WI), Crow (DCO), Engel (D-NY) - Amendment o. 424 - Repeals the Authorization for Use of Military 62 Force Again t Iraq Resolution of 2002 Public Law 107-243 ; 50 USC. 1541). Y 242 N 180 Lee, Barbara (D-CA) - Amendment o. 425 - Expresses the ense of Congress that the 200 l AUMF has been utilized well beyond the scope that Congress intended , that it has served a blank check for any President to wage war at any time and any place , and that any new authorization for the use of military force to replace the 2001 AUMF should include a sunset clau e, a clear and specific expression of ob.ective , tar,ets, and eo .apllic scope, and reporting requirements. Y 237 N 183 Khanna (D-CA), Gaetz (R-FL), Brown (D-MD), Engel (D- Y), Smith, Adam (D-WA), McGovern(D-MA), Levin, Andy (D-MI), Eshoo (D-CA), Himes (D-CT), Slotkin (D-MI), Lee, Barbara (D-CA), Crow (D-CO), Ocasio - Cortez (D-NY), Garamendi (D-CA), Biggs (R-AZ), Gallego (D-AZ), Moulton (D-MA), Haaland (D-NM), Jayapal (D-WA), Cicilline (D-RI), Thompson, Mike (D-CA), Pocan (D-WI), Blumenauer (D-OR), Cohen (D-TN), Cisneros (D- STATE-19-0648-B-000039 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850064 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850064 Date: 01/27/2020 CA), Buck (R-CO) , Welch (D-VT) , Waters (D-CA) , Defazio (D-OR) , Omar (D-MN), Beyer (D-VA), Escobar (D-TX) , Torres Small (D-OR) , Xochitl (D-NM) Harder (D-CA) , Norton (D-DC) , Schrier (D-WA) , Porter (D-CA) , Rose, Ma . (D-NV), Watson Coleman (D- J) , Kilmer (D-WA) , Pressley (D-MA) , Speier (D-CA) , Tonko (D-NY), DeGette (D-CO), Larson , John (D-CT), Schakowsky (D-IL) , Huffman (D-CA), Lowenthal (D-CA) , Velazquez (D- Y), eguse (D-CO) , Serrano (D-NY), Lieu (D-CA) , Kim (D-NJ), Wild (D-PA) , Schweikert (RAZ), Ruppersberger (D-MD) , Lofgren (D-CA) , Cox (D-CA), Raskin (D-MD), Malinowski (D- J) , Houlahan (D-PA), Trahan (D-MA) , Lewis (D-GA) , Brownley (D-CA) , Spanberger (D-VA), Lujan (D-NM) , Bonamici (D-OR), Takano (D-CA), Kildee (D-MI), Butterfield (DC), Rouda (D-CA) , Carbajal (D-CA), 1 apolitano (D-CA), McCoJJum (D-MN), Sherrill (DJ) , Espaillat (D-NY) Tlaib (D-MJ) , Grijalva (D-AZ) , Garcia , Jesus (D-IL) , Connolly (DVA), Kuster (0-NH), Hill, Katie (D-CA) , Perlmutter (D-CO) , Meeks (D-NY), Wexton (DV A), Price (D-NC), Dingell (D-MJ) , Cardenas (D-CA) - Amendment No. 423 - Prohibits unauthorized milita1y force in or a ainst Iran. Y 251 170 STATE-19-0648-B-000040 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850064 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850066 Date: 01/27/2020 [RELEASE IN PART B5,B61 B6 From: Sent: Tue, 13 Aug 2019 16:56:08 +0000 IDECONTROLLED I To: Cc: Subject: RE:Outline for Wednesday Thanks7 -I B6 I B5 Best, B6 Official - SBU UNCLASSIFIED From: ~-----------~ Sent: Tuesday, August 13, 2019 11:14 AM To: Cc: ~----~-----~ Subject: RE: Outline for Wednesday This is great. I've marked a few typos and minor editorial points. Thanks. Official - SBU UNCLASSIFIED From ~----------Sent: Tuesday, August 13, 2019 10:33 AM To Cc ~--------------------------~ Subject: RE: Outline for Wednesday Thanks so much,lc_,--_~I consolidated version. - would you like to review before this goes to Josh? If so, I'm attaching a ~--~ I- I didn't have anything to add on your pieces. Best, Official - SBU UNCLASSIFIED STATE-19-0648-B-000041 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850066 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850066 Date: 01/27/2020 B6 From: ~-----------~ Sent: Tuesday, August 13, 2019 10:23 AM To: Cc:~--------------------------~ Subject: RE:Outline for Wednesday Here it is with my points I certainly welcome any feedback from this group, as well as from Josh. Official - SBU UNCLASSIFIED From:~-----------~ Sent: Tuesday, August 13. 2019 10:10 AM ~~:1 ~----- ------ ------ ------- --~ Subject: RE:Outline for Wednesday B5 B6 Great Q welcome any input from you as well, if you have time. Best, Official - SBU UNCLASSIFIED From~----- ------------' Sent: Tuesday, August 13, 2019 9:58 AM To: Cc: ~------------------------~ Subject: RE:Outline for Wednesday Some additional points from me in the attached. From: ~-----------~ Sent: Tuesday, August 13, 2019 9:01 AM ~~j ~---------------------------~ Subject: RE:Outline for Wednesday Fine by me here is a draft handout, for edits/comments/additions. Best, STATE-19-0648-B-000042 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850066 Date: 01/27/2020 B6 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850066 Date: 01/27/2020 Official UNCLASSIFIED ~:~It: From.~------------~ B6 Monday, August 12, 2019 5:25 PM Cc: ~-----------------------~ Subject: RE:Outline for Wednesday B5 From: B6 ~----------~ Sent: Monday, August 12, 2019 5:19 PM To. Cc: ~-------------------------~ Subject: RE:Outline for Wednesday Thanks D ,I B6 B5 Best, B6 From: ~--------------~ Datr. August 12 2019 at 5.02-41 PM EDI To: Cc: ~--------------------------~ Subject: RE: Outline for Wednesday I had a preliminary comment in the attached and will add points tomorrow. If there's a handout, that would be useful to see. Thanks STATE-19-0648-B-000043 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850066 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850066 Date: 01/27/2020 86 From:~----~ Sent: Monday, August 12, 2019 1:57 PM ~~=I Su6~Je-c~t:~R ~E-:O~ut~11-n-e~to-r~w~ea~n-e-s~aa-y--------------~ Thanks, I'll try to send something around tomorrow morning . From= ~-----------~ Sent: Monday, August 12, 2019 1:49 PM To: Cc:~~--- ~ ----- ~ ----~- ~ ----- ~ --~ Subject: Outline for Wednesday Attached are my sections of the outline for Wednesday's brown bag. Feel free to add your own notes so we have a single working outline - I'd like to giveO and Josh the opportunity to review in advance, so if you could add your notes by mid-morning tomorrow, that would be great.I ~ 85 86 Many thanks , I Official - SBU UNCLASSIFIED STATE-19-0648-B-000044 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850066 Date: 01/27/2020 86 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850069 Date: 01/27/2020 SENSITIVE BUT UNCLASSIFIED /DRAFT Outline-L Brown Bag on AUMF and Related Issues August 13, 2019 RELEASE IN PART 85,86 IDECONTROLLED I 85 86 STATE-19-0648-B-000045 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850069 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850069 Date: 01/27/2020 SENSITIVE BUT UNCLASSIFIED /DRAFT 85 86 STATE-19-0648-B-000046 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850069 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850069 Date: 01/27/2020 SENSITIVE BUT UNCLASSIFIED/DRAFT 85 STATE-19-0648-B-000047 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850069 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850069 Date: 01/27/2020 SENSITIVE BUT UNCLASSIFIED /DRAFT B5 B6 STATE-19-0648-B-000048 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850069 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850069 Date: 01/27/2020 SENSITIVE BUT UNCLASSIFIED/DRAFT B5 B6 STATE-19-0648-B-000049 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850069 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850069 Date: 01/27/2020 SENSITIVE BUT UNCLASSIFIED /DRAFT 85 86 STATE-19-0648-B-000050 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850069 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850069 Date: 01/27/2020 SENSITIVE BUT UNCLASSIFIED /DRAFT B5 STATE-19-0648-B-000051 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850069 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850069 Date: 01/27/2020 SENSITIVE BUT UNCLASSIFIED /DRAFT 85 STATE-19-0648-B-000052 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850069 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850069 Date: 01/27/2020 SENSITIVE BUT UNCLASSIFIED /DRAFT B5 STATE-19-0648-B-000053 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850069 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850069 Date: 01/27/2020 SENSITIVE BUT UNCLASSIFIED /DRAFT BS B6 STATE-19-0648-B-000054 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850069 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850069 Date: 01/27/2020 SENSITIVE BUT UNCLASSIFIED /DRAFT 85 86 STATE-19-0648-B-000055 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850069 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850069 Date: 01/27/2020 SENSITIVE BUT UNCLASSIFIED /DRAFT BS STATE-19-0648-B-000056 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850069 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850069 Date: 01/27/2020 SENSITIVE BUT UNCLASSIFIED /DRAFT 85 STATE-19-0648-B-000057 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850069 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850070 Date: 01/27/2020 [RELEASE IN PART 85,86 [ B6 From: Sent: Tue, 13 Aug 2019 14:33:08 +0000 [DECONTROLLED[ To: Cc: Subject: RE:Outline for Wednesday Attach: Out line - AUMF and Related Issues Brown Bag 8 13 2019 (COMPLETE).docx,L Brown Bag on AUMF Issues Handout .docx Thanks so muchj consolidated version . ~ ~--~ --~ ~ would you like to review before this goes to Josh? If so, I'm attaching a - I didn't have anything to add on your pieces. = Official - SBU UNCLASSIFIED From:~------------~ Sent: Tuesday, August 13, 2019 10:23 AM To:I Cc: Sub~je- c-t:~R~E~:~o -u~tl~1n -e~f-o-rW ~ e~d-n-es_d_a_y----------------~ Here it is with my points - I certainly welcome any feedback from this group , as well as from Josh. Official - SBU UNCLASSIFIED From:~ ------~--~ ~ Sent: Tuesday, August 13, 2019 10:10 AM To Cc: ~---------------------------~ Subject: RE: Outline for Wednesday Great D - welcome any input from you as well, if you have time . Best, I STATE-19-0648-B-000058 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850070 Date: 01/27/2020 B5 B6 B6 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850070 Date: 01/27/2020 Official - SBU UNCLASSIFIED B6 From: ~-------------~ Sent: Tuesday, August 13, 2019 9:58 AM To: Cc:~------------------------~ Subject: RE:Outline for Wednesday Some additional points from me in the attached. From: ~----------- ~ Sent: Tuesday, August 13, 2019 9:01 AM To: Cc: ~--------------------------~ Subject: RE:Outline for Wednesday Fine by me - here is a draft handout, for edits/comments/additions. Best, Official UNCLASSIFIED From. ~-------------~ Sent: Monda:, August 12, 2019 5:25 PM To:I Cc: Sub'-rJe _c_t~: R - E-:~ u~tl~1n_e_f-or~W ~ e~d-ne- s~d-ay--------------~ B5 From: Sent:M ~-o-n~da_y_, -A-u-gu_s_t _1-2,- 2-0_1_9_5_:1_9_P_M _~ STATE-19-0648-B-000059 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850070 Date: 01/27/2020 B6 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850070 Date: 01/27/2020 To: Cc: Subject: RE:Outline for Wednesday B6 Thanks D B5 ~--------------------------~ I B6 Best, B6 From: ~---------------~ Date: August 12, 2019 at 5:02:41 PM EDT To: B6 I Cc: Subject: RE: Outline for Wednesday ~---------------------------~ I had a preliminary comment in the attached and will add points tomorrow. If there's a handout, that would be useful to see. Thanks From_~-----~ Sent: Monday, August 12, 2019 1:57 PM To:I Cc:.~------------------------Subject: RE:Outline for Wednesday Thanks, I'll try to send something around tomorrow morning. From~~----==~====-----" Sent: Monday, August 12, 2019 1:49 PM To: Cc: Subject: Outline for Wednesday ~--------------------------~ Attached are my sections of the outline for Wednesday's brown bag. Feel free to add your own notes so we have a single working outline - I'd like to give c=J and Josh the opportunity to review in advance, so if you could add your notes by mid-morning tomorrow, that would be great.I B5 B6 Many thanks, B6 Official - SBU UNCLASSIFIED STATE-19-0648-B-000060 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850070 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850071 Date: 01/27/2020 SENSITIVE BUT UNCLASSIFIED /DRAFT Outline-L Brown Bag on AUMF and Related Issues Au ust 13 2019 RELEASE IN PART 85,86 IDECONTROLLED I B5 B6 STATE-19-0648-B-000061 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850071 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850071 Date: 01/27/2020 SENSITIVE BUT UNCLASSIFIED /DRAFT 85 86 STATE-19-0648-B-000062 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850071 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850071 Date: 01/27/2020 SENSITIVE BUT UNCLASSIFIED /DRAFT B5 STATE-19-0648-B-000063 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850071 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850071 Date: 01/27/2020 SENSITIVE BUT UNCLASSIFIED /DRAFT 85 86 STATE-19-0648-B-000064 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850071 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850071 Date: 01/27/2020 SENSITIVE BUT UNCLASSIFIED /DRAFT BS B6 STATE-19-0648-B-000065 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850071 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850071 Date: 01/27/2020 SENSITIVE BUT UNCLASSIFIED /DRAFT B5 B6 STATE-19-0648-B-000066 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850071 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850071 Date: 01/27/2020 SENSITIVE BUT UNCLASSIFIED /DRAFT B5 STATE-19-0648-B-000067 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850071 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850071 Date: 01/27/2020 SENSITIVE BUT UNCLASSIFIED /DRAFT BS STATE-19-0648-B-000068 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850071 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850071 Date: 01/27/2020 SENSITIVE BUT UNCLASSIFIED /DRAFT 85 STATE-19-0648-B-000069 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850071 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850071 Date: 01/27/2020 SENSITIVE BUT UNCLASSIFIED /DRAFT 85 86 STATE-19-0648-B-000070 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850071 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850071 Date: 01/27/2020 SENSITIVE BUT UNCLASSIFIED /DRAFT B5 B6 STATE-19-0648-B-000071 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850071 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850071 Date: 01/27/2020 SENSITIVE BUT UNCLASSIFIED /DRAFT B5 STATE-19-0648-B-000072 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850071 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850071 Date: 01/27/2020 SENSITIVE BUT UNCLASSIFIED /DRAFT 85 STATE-19-0648-B-000073 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850071 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850072 Date: 01/27/2020 L Brown Bag on AUMF Issues August 14, 2019 RELEASE IN PART 85 B5 STATE-19-0648-B-000074 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850072 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850074 Date: 01/27/2020 [RELEASE IN PART B5,B6[ From: Sent: B6 Tue, 13 Aug 2019 17:29:24 +0000 To: [DECONTROLLED[ Cc: Subject: RE:Outline for Wednesday Indeed. B5 From ~-----------~ Sent: Tuesday, August 13, 2019 1:27 PM B6 To: Cc:~----------~ Subject: RE: Outline for Wednesday B5 Inte resting . Official UNCLASSIFIED From: ~----- -------- B6 Sent: Tuesday, August 13, 2019 1:12 PM To: Cc:[? ~----------Subject: RE: Outline for Wednesday B5 STATE-19-0648-B-000075 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850074 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850074 Date: 01/27/2020 B5 From:~---~----~-~~ B6 Sent: Tuesday, August 13, 2019 1:00 PM To: Cc:~-----------~ Subject: RE:Outline for Wednesday I wonder if there is anything in the Digest on that? Official - SBU UNCLASSIFIED From:~------------ B6 Sent: Tuesday, August 13, 2019 12:56 PM To: Cc~-----------Subject: RE:Outline for Wednesday Thanks, B6 B5 Best, B6 Official - SBU UNCLASSIFIED From~-----------~ Sent: Tuesday, August 13, 2019 11:14 AM To Cc: Subject: RE: Outline for Wednesday ~------------ This is great. I've marked a few typos and minor editorial points. Thanks. STATE-19-0648-B-000076 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850074 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850074 Date: 01/27/2020 Official - SBU UNCLASSIFIED B6 From: ~----------~ Sent: Tuesday, August 13, 2019 10:33 AM To:I Cc:~--------------------------~ Subject: RE:Outline for Wednesday Thanks so much, consolidated ver~ si-on- .-~ ~--~ -would you like to review before this goes to Josh? If so, I'm attaching a - I didn't have anything to add on your pieces. Best, Official - SBU UNCLASSIFIED From: ~-----------~ Sent: Tuesday, August 13, 2019 10:23 AM To Cc: ~--------------------------~ Subject: RE:Outline for Wednesday Here it is with my points - I certainly welcome any feedback from this group, as well as from Josh. Official - SBU UNCLASSIFIED From.~-----------~ Sent: Tuesday, August 13, 2019 10:10 AM To: Cc: ~--------------------------~ Subject: RE:Outline for Wednesday Great 0 -welcome any input from you as well, if you have time. Best, Official - SBU STATE-19-0648-B-000077 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850074 Date: 01/27/2020 B5 B6 B6 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850074 Date: 01/27/2020 UNCLASSIFIED B6 From: ~-------------~ Sent: Tuesday, August 13, 2019 9:58 AM To:Wall, Cc: Sub'-.j-ec_t_: R =E ~:~O~u~tl~in-e~f~o-rW ~ e~d-n-es-d~a-y --------------~ Some additional points from me in the attached. From: ~-----------~ Sent: Tuesday, August 13, 2019 9:01 AM To Cc: ~--------------------------~ Subject: RE:Outline for Wednesday Fine by me - here is a draft handout, for edits/comments/additions. Best, Official UNCLASSIFIED From: ~-------------~ Sent: Monday, August 12, 2019 5:25 PM To: Cc: ~------------------------~ Subject: RE:Outline for Wednesday B5 From. ~------------ Sent: Monday, August 12, 2019 5:19 PM To:~ I -----------------~ STATE-19-0648-B-000078 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850074 Date: 01/27/2020 B6 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850074 Date: 01/27/2020 Cc: ~------------------------~ Subject: RE: Outline for Wednesday B6 B6 Thanks B5 Best, B6 From: ~---------------~ Date: August 12, 2019 at 5:02:41 PM EDT To:~---------------1 Cc: Subject: RE: Outline for Wednesday ~----------------------------~ I had a preliminary comment in the attached and will add points tomorrow. If there's a handout , that would be useful to see. Thanks From: ~----~ Sent: Monday, August 12, 2019 1:57 PM To: Cc: Subject: RE:Outline for Wednesday ~------------------------~ Thanks,~-~ I'll try to send something around tomorrow morning. From:~-----------~ Sent: Monday, August 12, 2019 1:49 PM To: Cc:~--------------------------~ Subject: Outline for Wednesday ~ I Attached are my sections of the outline for Wednesday's brown bag. Feel free to add your own notes so and Josh the opportunity to review in advance, so we have a single working outline - I'd like to givQ if you could add your notes by mid-morning tomorrow, that would be great.~--------~ B5 B6 know. I Many thrks , Official - SBU UNCLASSIFIED STATE-19-0648-B-000079 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850074 Date: 01/27/2020 B6 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850075 Date: 01/27/2020 RELEASE IN PART 85,86 From: Fabry, Steven F Sent: Fri, 12 Jul 2019 16:29:48 +0000 To: L___ _ Cc: [DECONTROLLED[ B6 IDorosin, Joshua L; ____j---------1 ~~ Subject: RE: Presentation and Hard QAs for AUMF briefing Attach: AUMF Briefing Points and Hard QAs 7 12 2019.docx B5 Thanks very much ,I B6 [Best, I ~------------~ B6 Official - SBU (Deliberative Process) UNCLASSIFIED From: Sent: Friday, July 12, 2019 7:52 AM ~------------~ ~ To:__:____:_:::__::_:_ Fabry, Steven F =------~ ~ --=--=-:_-=-:__:__:_____, ; Dorosin, Joshua L Cc~~--------------~ Subject: RE: Presentation and Hard QAs for AUMF briefing With apologies, please use this ver sion . Best B6 Official - SBU (Deliberative Process) UNCLASSIFIED From:.~----~ Sent: Friday, July 12, 2019 7:46 AM To: Steve Fabry ; Doros in, Joshua L < ~ ----- ~ Cc: Subject: Presentation and Hard QAs for AUMF briefing ~--------------~ Steve - B5 B6 STATE-19-0648-B-000080 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850075 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850075 Date: 01/27/2020 B5 B6 Best, B6 Official - SBU (Deliberative Process) UNCLASSIFIED STATE-19-0648-B-000081 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850075 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850078 Date: 01/27/2020 RELEASE IN PART B5 SENSITIVE BUT UNCLASSlFlED /DRAFT /DELIBERA TIVE [DECONTROLLED ] Briefing with SFRC and HFAC staff on AUMF Issues July 18, 2019 !opening Point~ BS 1 STATE-19-0648-B-000082 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850078 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850078 Date: 01/27/2020 SENSITIVE BUT UNCLASSIFIED/DRAFT/DELIBERATIVE BS 2 STATE-19-0648-B-000083 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850078 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850078 Date: 01/27/2020 SENSITIVE BUT UNCLASSIFIED/DRAFT/DELIBERATIVE B5 3 STATE-19-0648-B-000084 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850078 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850078 Date: 01/27/2020 SENSITIVE BUT UNCLASSIFIED/DRAFT/DELIBERATIVE B5 4 STATE-19-0648-B-000085 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850078 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850078 Date: 01/27/2020 SENSITIVE BUT UNCL ASSIFIED/DRAFT /DELIB ERATIVE B5 5 STATE-19-0648-B-000086 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850078 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850078 Date: 01/27/2020 B5 6 STATE-19-0648-B-000087 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850078 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850078 Date: 01/27/2020 SENSITIVE BUT UNCL ASSIFIED/DRAFT /DELIB ERATIVE B5 7 STATE-19-0648-B-000088 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850078 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850079 Date: 01/27/2020 B6 From: Sent: Fri, 12 Jul 2019 11:52:29 +0000 To: Fabry, Steven F;Dorosin, Joshua L; RELEASE IN PART B5,B6 ~-----~ Cc: Subject: RE: Presentation and Hard QAs for AUMF briefing Attach: [DECONTROLLED J AUMF Briefing Points and Hard QAs 7 12 2019.docx With apologies, please use t his version . Best, Official - SBU (Deliberative Process) UNCLASSIFIED From:~----~ Sent: Friday, July 12, 2019 7:46 AM To: Steve Fabr ; Dorosin, Joshua L Cc: ~------~-~~~--~~~ Subject: Presentation and Hard QAs for AUMF briefing Steve- BS B6 Best, B6 Official - SBU (Deliberative Process) UNCLASSIFIED STATE-19-0648-B-000089 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850079 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850080 Date: 01/27/2020 RELEASE IN PART SENSITIVE BUT UNCLASSlFlED /DRAFT /DELIBERA TIVE Briefing with SFRC and HFAC staff on AUMF Issues July 18, 2019 85 [DECONTROLLED[ !opening Point~ B5 STATE-19-0648-B-000090 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850080 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850080 Date: 01/27/2020 SENSITIVE BUT UNCL ASSIFIED/DRAFT /DELIB ERATIVE 85 2 STATE-19-0648-B-000091 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850080 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850080 Date: 01/27/2020 SENSITIVE BUT UNCLASSIFIED/DRAFT/DELIBERATIVE BS STATE-19-0648-B-000092 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850080 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850080 Date: 01/27/2020 SENSITIVE BUT UNCL ASSIFIED/DRAFT /DELIB ERATIVE BS 4 STATE-19-0648-B-000093 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850080 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850080 Date: 01/27/2020 SENSITIVE BUT UNCLASSIFIED /DRAFT /DELIBERATIVE 85 5 STATE-19-0648-B-000094 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850080 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850080 Date: 01/27/2020 SENSITIVE BUT UNCL ASSIFIED/DRAFT /DELIB ERATIVE 85 6 STATE-19-0648-B-000095 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850080 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850080 Date: 01/27/2020 SENSITIVE BUT UNCL ASSIFIED/DRAFT /DELIB ERATIVE BS 7 STATE-19-0648-B-000096 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850080 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850081 Date: 01/27/2020 RELEASE IN PART 85,86 B6 From: Sent: Fri, 12 Jul 2019 17:44:29 +0000 To: Fabry, Steven F;Dorosin, Joshua L;~----~ IDECONTROLLED I Cc: Subject: RE: Presentation and Hard QAs for AUMF briefing Steve - B5 Best, B6 Official - SBU (Deliberative Process) UNCLASSIFIED From: Fabry, Steven F < Sent: Friday, July 12, 2019 12:30 PM ~ ---- ~ ~To----========;-----~ Dorosin, Joshua L < ~------ ~ ~-----~ Cc:~--------------~ Subject: RE: Presentation and Hard QAs for AUMF briefing Thanks very much j ~I-----------~ IBest, B5 B6 -- Steve Official - SBU (Deliberative Process) UNCLASSIFIED From: ~-----------~ Sent: Friday, July 12, 2019 7:52 AM To: Fabry, Steven F ,.:....::...:....:....:~:..:...::_::..::....:_::__:__:---=:::;-----~ ; Doros in, Joshua L < ~-----~ Cc: ~---------------~ Subject: RE: Presentation and Hard QAs for AUMF briefi ng With apo logies, please use thi s version . Best, I STATE-19-0648-B-000097 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850081 Date: 01/27/2020 B6 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850081 Date: 01/27/2020 Official - SBU(Deliberative Process) UNCLASSIFIED B6 From:~---~ Sent: Friday, July 12, 2019 7:46 AM To: Steve Fabry '-------' ; Dorosin, Joshua L < Cc: Subject:Presentation and Hard QAs for AUMF briefing ~--------------~ Steve- BS B6 Best, B6 Official - SBU(Deliberative Process) UNCLASSIFIED STATE-19-0648-B-000098 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850081 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850083 Date: 01/27/2020 B6 From: Mon. 22 Jul 2019 17:21:30 +0000 RELEASE IN PART 85,86 I Subject: RE: QAs on non-AU MF issues for Wednesday [DECONTROLLED] Sent: To: Attach: Potential L Testimony to SFRCon AUMF and cyber.docx, SFRCAUMF QA_GTMO.docx, SFRCAUMF QA_SLC.docx B5 Thank s so much! I B6 Best, B6 Official - SBU UNCLASSIFIED From: ~ ----------- ~ Sent: Monday, July 22, 2019 12:55 PM To:~ ----------------------Subject: RE: QAs on non-AU MF issues for Wednesday ~ I wou ld suggest fl ipping the points B5 Official - SBU UNCLASSIFIED From= ~ ---- ------~ B6 Sent: Monday , July 22, 2019 12:28 PM To:~-------------------------~ Subject: QAs on non-AU MF issues for Wednesday ~ --~ Are you OK with the two attached QAs for Marik's SFRCappea rance on Wednesday, which cover non-AU MF issues that may come up B6 B5 B6 Best, B6 Official STATE-19-0648-B-000099 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850083 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850083 Date: 01/27/2020 UNCLASSIFIED STATE-19-0648-B-000100 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850083 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850084 Date: 01/27/2020 Potential L Testimony to SFRC on AUMF Q&A on Cyber Issues RELEASE IN PART B5 If asked B5 STATE-19-0648-B-000101 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850084 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850089 Date: 01/27/2020 B6 From: Sent: Mon, 22 Jul 2019 19:08:15 +0000 To: Subject: RE: QAs on non-AU MF issues for Wednesday RELEASE IN PART 85,86 [DECONTROLLED [ No additional edits. B5 Official - SBU UNCLASSIFIED From: B6 ~----------~ Sent: Monday, July 22, 2019 1:22 PM Toj Sub~je- c~t ~ :R=E~:~Q~A_s_o_ n _n-on- -~A~U~M=F~i-ss-u-es- f~o-r ~ W~e~d~n-es-d~a-y --------~ B5 Thanks so much! [ IU.J. B6 Best, B6 Official - SBU UNCLASSIFIED From:~-----------~ Sent: Monday , July 22, 2019 12:55 PM To: ~------------------------~ Subject: RE: QAs on non-AU MF issues for Wednesday I wou ld suggest fl ipping the points ~----------------- B5 Official - SBU UNCLASSIFIED From: ~-----------~ Sent : Monday, July 22, 2019 12:28 PM STATE-19-0648-B-000102 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850089 Date: 01/27/2020 B5 B6 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850089 Date: 01/27/2020 To:~~---~ -----~ ~-~-~- ~----- 86 ~ Subject:QAs on non -AU MF issues for Wednesday -Are you OK with the two attached QAs for Marik's SFRCappearance on Wednesday, ~w ~ h~ic~h_c_o-ve- r- non-AUMF issuesthat may come up 86 85 86 Best, 86 Official UNCLASSIFIED STATE-19-0648-B-000103 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850089 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850090 Date: 01/27/2020 [RELEASE IN PART 85,86 [ B6 From: Sent: Mon, 1 Jul 2019 15:58:19 +0000 To: [DECONTROLLED [ Legal-PM-DL Cc: Subject: RE:QFR question Attach: AUMF Talkers 26 Jun 2019.pdf, Response to HFACEngel.PDF Please see the attached materials, ! B5 I We are happy to discuss if you have any questions . B6 From: ~-----------~ Sent: Monday, July 1, 2019 11:43 AM To: Legal-PM-DL Cc: Subject: QFR question B5 ? Bureau of Counterterrorism Affairs (CT/ SCAN) U.S. Department of State Official - SBU UNCLASSIFIED STATE-19-0648-B-000104 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850090 Date: 01/27/2020 B6 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850103 Date: 01/27/2020 United States Department of State Washing ton , D.C. 20520 [RELEASE IN FULLJ The Honorable Eliot L. Engel , Chairman Committee on Foreign Affairs House of Representati ves Washington , DC 20515 JUN2 8 2019 Dear Mr. Chairman: Thank you for your June 25 letter requesting further information about the Administration's views on the 200 1 and 2002 Authorizations for Use of Military Force (AUMFs) . The Department of State has great respect for Congress's role in authorizing the use of military force. As Secretary Pompeo has noted, the Administration's goal is to find a diplomatic solution to Iran' s activities , not to engage in conflict with Iran. Moreover, the Administration has not, to date, interpreted either AUMF as authorizing military force against Iran, except as may be necessary to defend U.S . or partner forces engaged in counterterrorism operations or operations to establish a stable, democratic Iraq. President Trump has expressed the U.S. willingness to negotiate with Iran. No one should be uncertain about the United States' desire for peace or a readiness to normalize relations in the event the United States and Iran reach a comprehensive deal. As Special Representative for Iran and Senior Policy Advisor to the Secretary of State Brian Hook testified to your Committee on June 19, 2019, the Administration has implemented an unprecedented maximum pressure campaign focused on Iran with two primary objectives : first, to deprive the Iranian regime of the money it needs to support its destabilizing activities, and second, to bring Iran back to the negotiating table to conclude a comprehensive and enduring deal as outlined by Secretary Pompeo in May 2018 . We hope this information is helpful to you. Please let us know if we may be of further assistance. Sincerely, Mary Elizabeth Taylor Assistant Secretary Bureau of Legislative Affairs STATE-19-0648-B-000105 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850103 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850128 Date: 01/27/2020 [RELEASE IN PART 85,BGI B6 From: Sent: To: Mon, 1 Jul 2019 16:00:03 +0000 Legal-PM-DL IDECONTROLLED I Cc: Subject: RE:QFRquestion Attach: AUMF and Udall Amendment talkers -LI_________ 1C]_~_t_h_is_th_e~p~a_c_ka~g~e_t_ha_t I ~ -----------------~j __J b,cludes points on AUMF and Iran. D Thanks- D B5 B6 Official - SBU UNCLASSIFIED From ~------------~ Sent: Monday, July 1, 2019 11:43 AM To: Legal-PM-DL Cc: ~------------~ Subject: QFR question L collea ues, would ou send our latest version of " does the AUMF work vis-a-vis Iran" FR? ? Bureau of Counterterrorism Affairs (CT/SCAN) U.S. Department of State Official - SBU UNCLASSIFIED STATE-19-0648-B-000106 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850128 Date: 01/27/2020 B5 B6 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850164 Date: 01/27/2020 [RELEASE IN PART B5,B6] From: Dorosin, Joshua L Sent: Fri, 2 Aug 2019 14:55:59 +0000 To: [DECONTROLLED [ B6 !str ing, Marik A I Cc: Subject: RE:QFRs Attach: String Kaine QFRS8 2 2019.docx (JD Comments).docx Best, Josh B5 B6 Official - SBU (Attorney-Client Privilege, Deliberative Process) UNCLASSIFIED From~-----------~ Sent: Friday, August 02, 2019 10:08 AM To: String, Marik A ~========---~ Cc: Dorosin , Joshua L ~-----~ B6 Subject: QFRs Marik , Josh - Attached are the two sets of QFRs we have received so far from the SFRC,from Senators Menendez and Kaine. B5 Best, B6 I Official - SBU UNCLASSIFIED STATE-19-0648-B-000107 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850164 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850166 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. 1) U.S. Senate Committee on Foreign Relations July 24, 2019 RELEASE IN PART 85,86 Question 1: Is the Administration relying upon the 2002 AUMF as the sole legal authority to hold any detainees? Answer 1: B5 STATE-19-0648-B-000108 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850166 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850166 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. 2) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 2: Is the Administration relying upon the 2002 AUMF as the sole legal authority for any current U.S. military operations? Answer 2: B5 2 STATE-19-0648-B-000109 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850166 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850166 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. 3) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 3: Please describe what ongoing U.S. military operations would be harmed if the 2002 AUMF was repealed . Answer 3: B5 3 STATE-19-0648-B-000110 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850166 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850166 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. 4) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 4: Does the Administration oppose the repeal of the 1991 AUMF for the Gulf War? What impact would this repeal have on any current policies or operations? Answer 4: B5 4 STATE-19-0648-B-000111 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850166 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850166 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. 5) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 5: Has the State Department been informed that any of the additional U.S. troops the President is sending to the Middle East will be deployed to Iraq? Answer 5: BS 5 STATE-19-0648-B-000112 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850166 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850166 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. 6) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 6: Has the State Department been informed that part of the U.S. military mission in Iraq is to "watch Iran?" Answer 6: 85 6 STATE-19-0648-B-000113 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850166 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850166 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. 7) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 7: What impact would basing U.S. forces in Iraq to focus on a counter-Iran mission have on our bilateral relationship? Answer 7: B5 7 STATE-19-0648-B-000114 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850166 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850166 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. 8) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 8: Does the State Department believe that Iraq has consented to the conduct of counter-Iran activities by U.S. military personnel on its territory? Does the State Department believe that U.S. personnel can pursue those activities in Iraq without the Government oflraq's consent under international and U.S. domestic law? Answer 8: BS 8 STATE-19-0648-B-000115 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850166 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850166 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. 9) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 9: Does the Department believe that the fact that a majority of both chambers of the current Congress oppose the use of military force against Iran- as reflected in the recent 50-40 vote .in the Senate in support of S. Arndt. 883 to S. 1790 and the recent 251-170 vote in support of H. Arndt. 554 to H.R. 2500, both of which prohibited the use of funds for using military force against Iran absent congressional authorization , except in certain limited cases of self-defense demonstrates Congressional intent that should be considered when evaluating the scope of activities that could be initiated pursuant to any existing statutes, including the 1991, 200 I or 2002 AUMFs? Answer 9: B5 9 STATE-19-0648-B-000116 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850166 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850166 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. 10) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 10: Does the Department believe that the following statement, which was included in the conference report for the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub . L. 115-232), demonstrates Congressional intent that should be considered when evaluating the scope of activities that could be initiated pursuant to statutes that pre-date the conference report, including the 1991., 200 l and 2002 A UMFs? "The conferees note that nothing in this Act may be construed to authorize the use of the Armed Forces of the United State against Iran. At the time of the signing of this report, the conferees are not aware of any information that would justify the use of military force against Iran under any other statutory authority." Answer 10: B5 STATE-19-0648-B-000117 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850166 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850166 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. 11) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 11: Will the Depa11ment commit to factoring this Congressional intent into its current and future eva luations of the 1991, 200 I and 2002 statutes? Answer 11: B5 11 STATE-19-0648-B-000118 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850166 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850166 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. 12) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 12: Does the Department believe that the executive branch is required to comply with its international legal obligations relating to the conduct of international and non-international armed conflicts- including those relating to jus ad bell um and jus in hello- as a matter of U.S. domestic law? Answer 12: 85 I 12 STATE-19-0648-B-000119 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850166 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850166 Date: 01/27/2020 B5 B6 Approved by: Drafted by: Cleared by: D p S/P NEA PM CT H LIPM: LIAN: LIAN: 13 STATE-19-0648-B-000120 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850166 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850167 Date: 01/27/2020 [RELEASE IN PART B5,B6 [ B6 From: Thu, 1 Aug 2019 14:22:41 +0000 Sent: To: [DECONTROLLED [ Subject: RE:QFRsfor Marik Attach: String Kaine QFRS7 31 2019.docx Here's Kaine. Official - SBU UNCLASSIFIED From: ~----------~ Sent: Wednesday, July 31, 2019 3:42 PM To:~--------Subject: QFRsfor Marik - -~ Attached are the first two tranches of QFRsfor Marik- one from Menendez, one from Kaine. B6 B5 Thanks, B6 Official UNCLASSIFIED STATE-19-0648-B-000121 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850167 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850168 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. 1) U.S. Senate Committee on Foreign Relations July 24, 2019 RELEASE IN PART 85,86 Question 1: Is the Administration relying upon the 2002 AUMF as the sole legal authority to hold any detainees? Answer 1: B5 STATE-19-0648-B-000122 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850168 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850168 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. 2) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 2: Is the Administration relying upon the 2002 AUMF as the sole legal authority for any current U.S. military operations? Answer 2: B5 2 STATE-19-0648-B-000123 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850168 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850168 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. 3) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 3: Please describe what ongoing U.S. military operations would be banned if the 2002 AUMF was repealed. Answer 3: B5 3 STATE-19-0648-B-000124 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850168 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850168 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. 4) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 4: Does the Administration oppose the repeal of the 1991 AUMF for the Gulf War? What impact would this repeal have on any current policies or operations? Answer 4: B5 4 STATE-19-0648-B-000125 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850168 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850168 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. 5) U.S. Senate Committee on Foreign Relations July 24, 2019 [Question5:~------------------------Has the State Department been informed that any of the additional U.S. troops the President is sending to the Middle East will be deployed to Iraq? Answer 5: 5 STATE-19-0648-B-000126 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850168 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850168 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. 6) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 6: Has the State Department been informed that part of the U.S. military mission in Iraq is to "watch Iran?" Answer 6: B5 6 STATE-19-0648-B-000127 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850168 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850168 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. 7) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 7: B5 Answer 7: 7 STATE-19-0648-B-000128 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850168 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850168 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. 8) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 8: Does the State Department believe that Iraq has consented to the conduct of counter-Iran activities by U.S. military personnel on its territory? Does the State Department believe that U.S. personnel can pursue those activities in Iraq without the Government oflraq's consent under international and U.S. domestic law? Answer 8: B5 8 STATE-19-0648-B-000129 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850168 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850168 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. 9) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 9: Does the Department believe that the fact that a majority of both chambers of the current Congress oppose the use of military force against Iran- as reflected in the recent 50-40 vote .in the Senate in support of S. Arndt. 883 to S. 1790 and the recent 251-170 vote in support of H. Arndt. 554 to H.R. 2500, both of which prohibited the use of funds for using military force against Iran absent congressional authorization , except in certain limited cases of self-defense demonstrates Congressional intent that should be considered when evaluating the scope of activities that could be initiated pursuant to any existing statutes, including the 1991, 200 I or 2002 AUMFs? Answer 9: B5 9 STATE-19-0648-B-000130 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850168 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850168 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. lO) U.S. Senate Committee on Foreign Relations July 24, 2019 Question lO: Does the Department believe that the following statement, which was included in the conference report for the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232), demonstrates Congressional intent that should be considered when evaluating the scope of activities that could be initiated pursuant to statutes that pre-date the conference report, including the 1991, 2001 and 2002 AUMFs? "The conferees note that nothing in this Act may be construed to authorize the use of the Armed Forces of the United State against Iran. At the time of the signing of this report, the conferees are not aware of any information that would justify the use of military force against Iran under any other statutory authority." Answer lO: B5 10 STATE-19-0648-B-000131 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850168 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850168 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. ll) U.S. Senate Committee on Foreign Relations July 24, 2019 Question l1: Will the Department commit to factoring this Congressional intent into its current and future evaluations of the 1991, 2001 and 2002 statutes? Answer 11: 85 11 STATE-19-0648-B-000132 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850168 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850168 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. 12) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 12: Does the Department believe that the executive branch is required to comply with its international legal obligations relating to the conduct of international and non-international armed conflicts- including those relating to jus ad bell um and jus in hello- as a matter of U.S. domestic law? Answer 12: B5 12 STATE-19-0648-B-000133 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850168 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850168 Date: 01/27/2020 B5 B6 Approved by: Drafted by: Cleared by: D p S/P NEA PM CT H 13 STATE-19-0648-B-000134 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850168 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850169 Date: 01/27/2020 RELEASE IN PART 85,86 B6 From: Thu, 1 Aug 2019 14:22:43 +0000 Sent: To: Subject: RE:QFRsfor Marik Attach: String Menendez QFRS7 31 2019 addit ion.docx A few more on the Menedez on es. Official UNCLASSIFIED From: ~-----------~ Sent: Wednesday, July 31, 2019 3:42 PM To:~ I --------~ Subject: QFRsfo r Marik - Attached are the first two t ranches of QFRsfor Marik - one from Menendez, one from Kaine. B6 B5 Thanks, B6 Official UNCLASSIFIED STATE-19-0648-B-000135 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850169 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 1) U.S. Senate Committee on Foreign Relations July 24, 2019 RELEASE IN PART 85,86 Question 1: Do you believe that the administration has any legal authorization to use military force against Iran beyond self-defense of U.S . Armed Forces and personnel in the region? What authorization provides such a justification? Will you commit to seeking Congressional authorization for any other military action against Iran? Answer 1: B5 STATE-19-0648-B-000136 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 2) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 2: Do you think it is necessary for Congress to pass a new AUMF in order for this administration to enter into military conflict with Iran? Answer 2: B5 2 STATE-19-0648-B-000137 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 3) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 3=~--------------------------In June of this year, the president asserted that he ordered- then called off- a strike on Iran in response to the shooting down of an American aerial unmanned vehicle . He publ.icly stated that he called off the attack because he didn't see it as "proportionate". a. Under what authority did the legal advisor determine the President was able to order this strike? b. Was there concurrence between the State Department, the Defense Department, and the DOJ Office of Legal Counsel? c. Was there a written opinion? d. Would the AUMF apply to the shooting down ofan unmanned vehicle? Answer 3: 85 3 STATE-19-0648-B-000138 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 4) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 4: If you believe that the President has sufficient legal authority to engage in combat with Iran, what are the limits of such authority in terms of what types of military operations he can conduct? For example, would he be able to order airstrikes against targets in or around Tehran that were not involved in any direct attack on U.S. persons , property, or military forces? On Iranian nuclear-related sites? Answer 4: 85 4 STATE-19-0648-B-000139 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 5) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 5: The 2001 AUMF has operated as the legal justification for myriad conflicts over the past seventeen years. Originally intended to target those responsib le for the September 11 terrorist attacks, it is now used as a veritable blank check to prosecute combat operations around the globe. a. How does the 2001 AUMF apply to current combat operations in Middle East? b. How has the "associated forces" clause in the 2001 AUMF affected our ability to properly target enemies and combat ten-orism? c. What limitations to do you see on the Administration's assertion that the 2001 AUMF authorizes the United States to act in self-defense of partner forces? What if such "selfdefense" actions risked hostilities between the United States and another country (e.g. Turkey, Russia, or Syria) - would the Administration view such "self-defense" as authorized by the 2001 AUMF? Answer 5: 85 5 STATE-19-0648-B-000140 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 85 6 STATE-19-0648-B-000141 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 6) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 6: One of the key concerns that many in this body have noted about the 2001 AUMF is its lack ofa sunset provision that would provide a definitive end date for combat operations. a. ~ow do you think the lack of sunset provision in the 2001 AUMF has affected U.S. combat operations? How has it affected other nation's perception of U.S. combat operations?] b. Do you believe such sunset provisions are beneficial to an AUMF? Answer 6: B5 7 STATE-19-0648-B-000142 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 7) U.S. Senate Committee on Foreign Relations July 24, 2019 B5 B6 [Question7=~----------------------------National Security Advisor John Bolton stated in June that the U.S. is expanding offensive cyber operations in order to counter digital economic espionage and other commerc .ial issues. These comments followed on the continued empowering of the executive branch, whether via the Cyber Strategy or new National Security Presidential Memorandum 13, to prosecute offensive cyber operations in order to "defend forward ." However, these operations put forth the question of what actions require Congressional approval. a. Please describe the types of cyber operations that the Administration would anticipate reporting pursuant to section 4 of the War Powers Resolution. b. Does the United States currently rely on either the 2001 or 2002 AUMFs as a statutory basis for cyber operations? c. What types of operations you believe require congressional authorization , and which ones do you believe fall below such a threshold? d. Do the operations that the U.S. is conducting to stop economic espionage in the digital domain require an authorization, in your estimation? e. What kinds of limits should a cyber AUMF place on US actions in the digital domain? Should such an AUMF stretch beyond the digital domain and constrain actions in the physical world? Answer 7: B5 8 STATE-19-0648-B-000143 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 8) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 8: The United States remains a key protector of human rights and individual freedoms around the globe. Any AUMF must keep in mind the role the U.S. plays in protecting these rights. a. Do you believe that human rights should play a role in AUMFs, and what role should they play in an AUMF that specifically targets terrorists? b. What mechanisms can Congress institute to help ensure that human rights remain at the center of a new AUMF? Answer 8: B5 9 STATE-19-0648-B-000144 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 9) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 9: In recent years, it seems that the Executive Branch has more frequently resorted to the use of force absent an AUMF or declaration of war. I think it is important for everyone to remember that declaring war and authorizing the use of force is a Constitutional role vested in Congress, and in this committee in particular. How, in your view, has the power to prosecute a conflict changed over the last several decades? Do you believe that there has been less transparency by the Executive Branch regarding conflicts? What are the constraints on Article II authority that you see? Answer 9: B5 10 STATE-19-0648-B-000145 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 B5 11 STATE-19-0648-B-000146 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 10) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 10: What do you believe is the proper balance between providing the President with the tools needed to respond to emergencies with Congress's role of being the body to declare war? Answer 10: B5 12 STATE-19-0648-B-000147 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 B5 13 STATE-19-0648-B-000148 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 11) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 11: When is Congressional engagement necessary in the use of force? Answer 11: B5 14 STATE-19-0648-B-000149 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 12) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 12: Section 36( c)(2) of the AECA specifically says "if the President states in his certification that an emergency exists ... thus waiving the requirements of subparagraphs (A) and (B) ... " - but the commercial sales were under subparagraph (C). a. What is the Office of Legal Advisor's legal analysis of this provision? How does it conclude that the Secretary had the legal authority to use this provision with regard to the 13 direct commercial sales to Saudi Arabia and the UAE that he included in his May 24, 2019 emergency determination? b. What is the justification for invoking an emergency declaration, when the plain language of the statute does not say that there is such an authority for commercial sales? c. If your argument is that Congress erred when it amended that provision in 2002, please provide the evidentiary basis for that contention, including how you determined Congressional intent by citing the Congressional reports or statements that buttress your position. d. If your argument is that Congress erred when it amended that provision in 2002, is there not a legal doctrine of interpretation oflaw that states, basically, that a provision oflaw that has remained unchallenged for years or has not been the subject of attempts to correct, then that provision of law should be followed according to the plain-letter meaning? If so, why did the Office of Legal Advisor not use this doctrine of interpretation? Does the Office of Legal Advisor apply this doctrine oflegal interpretation in other situations? Answer 12: B5 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 13) 15 STATE-19-0648-B-000150 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 U.S. Senate Committee on Foreign Relations July 24, 2019 Question 13: Did you, or did anyone in the office of the Legal Adviser, produce a written legal analysis, determination, or recommendation that the Secretary of State had the authority to invoke an emergency certification? If so, will the State Department provide a copy of that written or any related legal analysis, determination and/or recommendation to the Committee? If not, what legal privilege is State claiming to exercise that prevents it, or enables it, from providing such written legal analysis, determination and/or recommendation to the Committee - the Committee of oversight for the Department and for these issues? Answer 13: B5 16 STATE-19-0648-B-000151 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 14) U.S. Senate Committee on Foreign Relations July 24, 2019 8865 7 Question 14:I - ~-~I Mr. String, is the U.S. Mexico Joint Declaration binding for purposes of international law? a. As you know, I have asked variations on this question numerous times. Why has the Department been so reluctant to answer my basic questions about this? b. As a legal expert on international instruments, how would you characterize this agreement? Answer 14: 17 STATE-19-0648-B-000152 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 15) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 15:I At the hearing, you stated that the U.S.-Mexico Declaration was "an important authoritative agreement that's been agreed to." What do you mean by an "important authoritative agreement"? a. Does an "authoritative agreement " impose any obligations on either country? If so, what obligations? b. Is such an agreement binding for purposes of international law? Answer 15: 18 STATE-19-0648-B-000153 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 16) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 16:I What is your understanding of how the President views the U.S. Mexico Joint Declaration, in terms of whether it imposes obligations on Mexico or the United States? Have you or has the Department briefed the President on the Joint Declaration? Answer 16: 19 STATE-19-0648-B-000154 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 17) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 17:I Your answers at the hearing seemed to indicate that there are ongoing discussions with Mexico about other or related agreements. Can you clarify? What are the status of those? Are they intended to impose binding obligations for purposes of international law on each country? Answer 17: 20 STATE-19-0648-B-000155 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 18) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 18:I ~-------- You stated that the executive branch was still considering whether the U.S.-Mexico Joint Declaration would be reported under the Case Act. Please provide an update of those discussions and the factors relevant to whether the Administration will do so. Answer 18: 21 STATE-19-0648-B-000156 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 BS ] B6 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 19) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 19:I Beyond the Joint Declaration - which appears to be just a statement by two parties - and the supplementary agreement, which on its face doesn't create any binding obligations , has the U.S. and Mexico entered into any other commitments or agreements related to migration? Any others that were supposedly to resolve the tariff threats? How would you characterize those agreements and when will this Committee receive copies? Answer 19: 22 STATE-19-0648-B-000157 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 20) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 20:I ~--------B6 The U.S. also reportedly recently entered into an agreement with Guatemala on migration issues. What was agreed to? Is there a written document? When will you provide any such documents to the Committee? Answer 20: 23 STATE-19-0648-B-000158 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 BS] UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 21) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 21:I Has the Department conducted its own assessment of whether Guatemala can serve as a safe third count1y under U .S. law? Wh at was the result of that assessment? Answer 21: 24 STATE-19-0648-B-000159 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 22) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 22:I Has the Department provided a recommendation to the White House as to whether Guatemala can serve as a safe third country under U.S. law? What was that recommendation? Answer 22: 25 STATE-19-0648-B-000160 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 23) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 23: In the cun-ent or previous Administrations, has the Office of the Legal Adviser analyzed the legality under international law of U.S. support for Saudi Arabia's prosecution of the conflict in Yemen (to include arms sales, logistical and intelligence support)? If yes, please indicate whether any such analysis resulted in the conclusion that U.S. officials or personnel participating in such activities would be exposed to charges of war crimes? Please provide any such analyses in unclassified form, to the extent possible, or in a classified format. Answer 23: BS Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 24) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 24: As you know, the Global Magnitsky Human Rights Accountability Act requires the President, upon receipt of a request from the Chairman and Ranking Member of the Senate Committee on 26 STATE-19-0648-B-000161 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 Foreign Relations, to determine whether a foreign person is responsible for an extrajudicial killing, torture, or other gross violation of internationally recognized human rights against an individua l exercising freedom of expression, and report to the Committee within 120 days with a determination and a decision on the imposition of sanctions on that foreign person or persons. Last year, Senator Menendez, as the Ranking Member of the Senate Foreign Relations Committee, along with then Chairman Bob Corker made such a request with respect to Saudis involved in the Khashoggi murder, including specifically Crown Prince Mohammed bin Salman. Yet the Administration has not made such a determination. a. Why has the administration not made the determination as required by statute? b. Did the Department make a legal assessment regarding its obligation to submit a report to the Chairman and Ranking Member of the Senate Foreign Relations Committee pursuant to section 1263(d) of the Global Magnitsky Act? If so, what did that assessment conclude? c. Is the Depaiiment engaged in its own effort or supporting the efforts of other U.S. government agencies to uncover all of the perpetrators of Khashoggi's murder, including those who ordered, directed, or otherwise controlled the murder? If so, what is the status of that investigation and who is leading it? If not, why not? Answer 24: B5 27 STATE-19-0648-B-000162 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 B5 28 STATE-19-0648-B-000163 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 B5 B6 Approved by: Drafted by: Cleared by: D p S/P DRL NEA PM WHA S/CCI CT 29 STATE-19-0648-B-000164 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850171 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850172 Date: 01/27/2020 RELEASE IN PART 85,86 B6 From: Sent: To: Fri, 16 Aug 2019 18:57:44 +0000 I IDECONTROLLED I I d~-----~ Cc: Dorosin, Joshua Subject: RE:QFRsfrom AUMF Hearing Attach: ogc edits String Menendez QFRS8 6 2019.docx B5 B6 Best, B6 Official - SBU UNCLASSIFIED From:~----~ Sent: Wednesday, August 7, 2019 8:14 AM To: String, Marik A '-----;:=======---------, Cc: Dorosin, Joshua L 4 B6 Subject: QFRsfrom AUMF Hearing MarikAttached for your review and clearance are the responses to the initial 36 QFRSfrom your AUMF hearing (from Menendez and Kaine). H has requested these by 5 PM tonight, any edits or comments. ~--------~ Please let me know if you have B5 B5 Best, B6 Official - SBU UNCLASSIFIED STATE-19-0648-B-000165 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850172 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 1) U.S. Senate Committee on Foreign Relations July 24, 2019 RELEASE IN PART 85,86 Question 1: Do you believe that the administration has any legal authorization to use military force against Iran beyond self-defense of U.S . Armed Forces and personnel in the region? What authorization provides such a justification? Will you commit to seeking Congressional authorization for any other military action against Iran? Answer 1: B5 STATE-19-0648-B-000166 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 2) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 2: Do you think it is necessary for Congress to pass a new AUMF in order for this administration to enter into military conflict with Iran? Answer 2: B5 2 STATE-19-0648-B-000167 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 3) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 3: In June of this year, the president asserted that he ordered- then called off- a strike on Iran in response to the shooting down of an American aerial unmanned vehicle. He publicly stated that he called off the attack because he didn't see it as "proportionate". a. Under what authority did the legal advisor determine the President was able to order this strike? b. Was there concunence between the State Department, the Defense Department, and the DOJ Office of Legal Counsel? c. Was there a written opinion? d. Would the AUMF apply to the shooting down of an unmanned vehicle? Answer 3: B5 3 STATE-19-0648-B-000168 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 4) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 4: If you believe that the President has sufficient legal authority to engage in combat with Iran, what are the limits of such authority in terms of what types of military operations he can conduct? For example, would he be able to order airstrikes against targets in or around Tehran that were not involved in any direct attack on U.S. persons , property, or military forces? On Iranian nuclear-related sites? Answer 4: B5 4 STATE-19-0648-B-000169 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 5) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 5: The 2001 AUMF has operated as the legal justification for myriad conflicts over the past seventeen years. Originally intended to target those responsib le for the September 11 terrorist attacks, it is now used as a veritable blank check to prosecute combat operations around the globe. a. How does the 2001 AUMF apply to current combat operations in Middle East? b. How has the "associated forces" clause in the 2001 AUMF affected our ability to properly target enemies and combat ten-orism? c. What limitations to do you see on the Administration's assertion that the 2001 AUMF authorizes the United States to act in self-defense of partner forces? What if such "selfdefense" actions risked hostilities between the United States and another country (e.g. Turkey, Russia, or Syria) - would the Administration view such "self-defense" as authorized by the 2001 AUMF? Answer 5: 85 5 STATE-19-0648-B-000170 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 B5 6 STATE-19-0648-B-000171 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 6) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 6: One of the key concerns that many in this body have noted about the 2001 AUMF is its lack of a sunset provision that would provide a definitive end date for combat operations. a. How do you think the lack of sunset provision in the 2001 AUMF has affected U.S. combat operations? How has it affected other nation's perception of U.S. combat operations? b. Do you believe such sunset provisions are beneficial to an AUMF? Answer 6: B5 7 STATE-19-0648-B-000172 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 B5 8 STATE-19-0648-B-000173 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 7) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 7: National Security Advisor John Bolton stated in June that the U.S. is expanding offensive cyber operations in order to counter digital economic espionage and other commercial issues. These comments followed on the continued empowering of the executive branch, whether via the Cyber Strategy or new National Security Presidential Memorandum 13, to prosecute offensive cyber operations in order to "defend forward." However, these operations put forth the question of what actions require Congressional approval. a. Please describe the types of cyber operations that the Administration would anticipate reporting pursuant to section 4 of the War Powers Resolution . b. Does the United States currently rely on either the 2001 or 2002 AUMFs as a statutory basis for cyber operations? c. What types of operations you believe require congressional authorization, and which ones do you believe fall below such a threshold? d. Do the operations that the U.S. is conducting to stop economic espionage in the digital domain require an authorization , in your estimation? e. What kinds of limits should a cyber AUMF place on US actions in the digital domain? Should such an AUMF stretch beyond the digital domain and constrain actions in the physical world? Answer 7: 85 9 STATE-19-0648-B-000174 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 8) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 8: The United States remains a key protector of human rights and individual freedoms around the globe. Any AUMF must keep in mind the role the U.S. plays in protecting these rights. a. Do you believe that human rights should play a role in AUMFs, and what role should they play in an AUMF that specifically targets terrorists? b. What mechanisms can Congress institute to help ensure that human rights remain at the center of a new AUMF? Answer 8: B5 10 STATE-19-0648-B-000175 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 9) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 9: In recent years, it seems that the Executive Branch has more frequently resorted to the use of force absent an AUMF or declaration of war. I think it is important for everyone to remember that declaring war and authorizing the use of force is a Constitutional role vested in Congress, and in this committee in particular. How, in your view, has the power to prosecute a conflict changed over the last several decades? Do you believe that there has been less transparency by the Executive Branch regarding conflicts? What are the constraints on Article II authority that you see? Answer 9: B5 11 STATE-19-0648-B-000176 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 B5 12 STATE-19-0648-B-000177 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 10) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 10: What do you believe is the proper balance between providing the President with the tools needed to respond to emergencies with Congress's role of being the body to declare war? Answer 10: B5 13 STATE-19-0648-B-000178 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 B5 14 STATE-19-0648-B-000179 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 11) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 11: When is Congressional engagement necessary in the use of force? Answer 11: B5 15 STATE-19-0648-B-000180 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 12) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 12: Section 36( c)(2) of the AECA specifically says "if the President states in his certification that an emergency exists ... thus waiving the requirements of subparagraphs (A) and (B) ... " - but the commercial sales were under subparagraph (C). a. What is the Office of Legal Advisor's legal analysis of this provision? How does it conclude that the Secretary had the legal authority to use this provision with regard to the 13 direct commercial sales to Saudi Arabia and the UAE that he included in his May 24, 2019 emergency determination? b. What is the justification for invoking an emergency declaration, when the plain language of the statute does not say that there is such an authority for commercial sales? c. If your argument is that Congress erred when it amended that provision in 2002, please provide the evidentiary basis for that contention, including how you determined Congressional intent by citing the Congressional reports or statements that buttress your position. d. If your argument is that Congress erred when it amended that provision in 2002, is there not a legal doctrine of interpretation oflaw that states, basically, that a provision oflaw that has remained unchallenged for years or has not been the subject of attempts to correct, then that provision of law should be followed according to the plain-letter meaning? If so, why did the Office of Legal Advisor not use this doctrine of interpretation? Does the Office of Legal Advisor apply this doctrine oflegal interpretation in other situations? Answer 12: B5 16 STATE-19-0648-B-000181 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 13) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 13: Did you, or did anyone in the office of the Legal Adviser, produce a written legal analysis, detennination, or recommendation that the Secretary of State had the authority to invoke an emergency certification? If so, will the State Department provide a copy of that written or any related legal analysis , determination and/or recommendation to the Committee? If not, what legal privilege is State claiming to exercise that prevents it, or enables it, from providing such written legal analysis, determination and/or recommendation to the Committee - the Committee of oversight for the Department and for these issues? Answer 13: B5 17 STATE-19-0648-B-000182 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 14) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 14: Mr. String, is the U.S. Mexico Joint Declaration binding for purposes of international law? a. As you know, I have asked variations on this question numerous times. Why has the Department been so reluctant to answer my basic questions about this? b. As a legal expert on international instruments, how would you characterize this agreement? Answer 14: 85 18 STATE-19-0648-B-000183 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 15) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 15: At the hearing, you stated that the U.S.-Mexico Declaration was "an important authoritative agreement that's been agreed to." What do you mean by an "important authoritative agreement"? a. Does an "authoritative agreement" impose any obligations on either country? If so, what obligations? b. Is such an agreement binding for purposes of international law? Answer 15: BS 19 STATE-19-0648-B-000184 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 16) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 16: What is your understanding of how the President views the U.S. Mexico Joint Declaration, in te1ms of whether it imposes obligat ions on Mexico or the United States? Have you or has the Department briefed the President on the Joint Declaration? Answer 16: B5 20 STATE-19-0648-B-000185 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 17) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 17: Your answers at the hearing seemed to indicate that there are ongoing discussions with Mexico about other or related agreements. Can you clarify? What are the status of those? Are they intended to impose binding obligations for purposes of international law on each country? Answer 17: BS 21 STATE-19-0648-B-000186 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 18) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 18: You stated that the executive branch was still considering whether the U.S.-Mexico Joint Declaration would be reported under the Case Act. Please provide an update of those discussions and the factors relevant to whether the Administration will do so. Answer 18: B5 22 STATE-19-0648-B-000187 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 19) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 19: Beyond the Joint Declaration - which appears to be just a statement by two parties - and the supplementary agreement, which on its face doesn't create any binding obligations, has the U.S. and Mexico entered into any other commitments or agreements related to migration? Any others that were supposedly to resolve the tariff threats? How would you characterize those agreements and when will this Committee receive copies? Answer 19: 85 23 STATE-19-0648-B-000188 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 20) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 20: The U.S. also repmiedly recently entered into an agreement with Guatemala on migration issues. What was agreed to? Is there a written document? When will you provide any such documents to the Committee? Answer 20: B5 24 STATE-19-0648-B-000189 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 21) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 21: Has the Department conducted its own assessment of whether Guatemala can serve as a safe third country under U.S. law? What was the result of that assessment? Answer 21: B5 25 STATE-19-0648-B-000190 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 22) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 22: Has the Department provided a recommendation to the White House as to whether Guatemala can serve as a safe third country under U.S. law? What was that recommendation? Answer 22: B5 26 STATE-19-0648-B-000191 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 23) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 23: In the cun-ent or previous Administrations, has the Office of the Legal Adviser analyzed the legality under international law of U.S. support for Saudi Arabia's prosecution of the conflict in Yemen (to include arms sales, logistical and intelligence support)? If yes, please indicate whether any such analysis resulted in the conclusion that U.S. officials or personnel participating in such activities would be exposed to charges of war crimes? Please provide any such analyses in unclassified form, to the extent possible, or in a classified format. Answer 23: B5 27 STATE-19-0648-B-000192 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 24) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 24: As you know, the Global Magnitsky Human Rights Accountability Act requires the President, upon receipt of a request from the Chairman and Ranking Member of the Senate Committee on Foreign Relations, to determine whether a foreign person is responsible for an extrajudicial killing, torture, or other gross violation of internationally recognized human rights against an individual exercising freedom of expression, and report to the Committee within 120 days with a determination and a decision on the imposition of sanctions on that foreign person or persons. Last year, Senator Menendez, as the Ranking Member of the Senate Foreign Relations Committee, along with then Chai1man Bob Corker made such a request with respect to Saudis involved in the Khashoggi murder, including specifically Crown Prince Mohammed bin Salman. Yet the Administration has not made such a determination. a. Why has the administration not made the determination as required by statute? b. Did the Department make a legal assessment regarding its obligation to submit a report to the Chairman and Ranking Member of the Senate Foreign Relations Committee pursuant to section 1263(d) of the Global Magnitsky Act? If so, what did that assessment conclude? c. Is the Department engaged in its own effort or supporting the efforts of other U.S. government agencies to uncover all of the perpetrators ofKhashoggi's murder, including those who ordered, directed, or otherwise controlled the murder? If so, what is the status of that investigation and who is leading it? If not, why not? Answer 24: B5 28 STATE-19-0648-B-000193 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 B5 29 STATE-19-0648-B-000194 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 B5 B6 Approved by: Drafted by: Cleared by: 30 STATE-19-0648-B-000195 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850173 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850174 Date: 01/27/2020 Sent: RELEASE IN PART B5,B6 Dorosin, Joshua L From: ,--LL-'--'---""----=---u;.___,;--'-'--'-~s :3 2 :ss +oooo B6 To: IDECONTROLLED I Cc: Subject: RE:QFRs Attach: String Menendez QFRS8 2 2019.docx (JD Comments).docx B5 Best, Josh ~---------------------- B6 Official - SBU (Attorney-Client Privilege, Deliberative Process) UNCLASSIFIED From: Dorosin, Joshua L Sent: Friday, August 02, 2019 10:56 AM To:/ IString, Marik A B6 Cc: ~---------------------------Subject: RE: QFRs B5 B6 Best, Josh Official - SBU (Attorney-Client Privilege, Deliberative Process) UNCLASSIFIED From~-----------~ Sent: Friday, August 02, 2019 10:08 AM To: String, Marik A< '---;==========Cc: Dorosin, Joshua L B6 ~ Subject: QFRs Marik, Josh - Attached are the two sets of QFRs we have received so far from the SFRC,from Senators Menendez and Kaine.J B5 Best, B6 Official - SBU UNCLASSIFIED STATE-19-0648-B-000196 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850174 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 Questions for the Record Submitted to [ I . M an'k Stnng . b y RELEASE IN PART B5 A c1ng t . L ega I Ad v~er Senator Robert Menendez (No. 1) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 1: Do you believe that the administration has any legal authorization to use military force against Iran beyond self-defense of U.S. Armed Forces and personnel in the region? What authorization provides such a justification? Will you commit to seeking Congressional authorization for any other military action against Iran? Answer 1: B5 STATE-19-0648-B-000197 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 2) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 2: Do you think it is necessary for Congress to pass a new AUMF in order for this administration to enter into military conflict with Iran? Answer 2: B5 2 STATE-19-0648-B-000198 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 3) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 3: In June of this year, the president asserted that he ordered- then called off- a strike on Iran in response to the shooting down of an American aerial unmanned vehicle. He publicly stated that he called off the attack because he didn't see it as "proportionate". a. Under what authority did the legal advisor determine the President was able to order this strike? b. Was there concunence between the State Department, the Defense Department, and the DOJ Office of Legal Counsel? c. Was there a written opinion? d. Would the AUMF apply to the shooting down of an unmanned vehicle? Answer 3: BS 3 STATE-19-0648-B-000199 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 4) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 4: If you believe that the President has sufficient legal authority to engage in combat with Iran, what are the limits of such authority in terms of what types of military operations he can conduct? For example, would he be able to order airstrikes against targets in or around Tehran that were not involved in any direct attack on U.S. persons , property, or military forces? On Iranian nuclear-related sites? Answer 4: 85 4 STATE-19-0648-B-000200 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 5) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 5: The 2001 AUMF has operated as the legal justification for myriad conflicts over the past seventeen years. Originally intended to target those responsib le for the September 11 terrorist attacks, it is now used as a veritable blank check to prosecute combat operations around the globe. a. How does the 2001 AUMF apply to current combat operations in Middle East? b. How has the "associated forces" clause in the 2001 AUMF affected our ability to properly target enemies and combat ten-orism? c. What limitations to do you see on the Administration's assertion that the 2001 AUMF authorizes the United States to act in self-defense of partner forces? What if such "selfdefense" actions risked hostilities between the United States and another country (e.g. Turkey, Russia, or Syria) - would the Administration view such "self-defense" as authorized by the 2001 AUMF? Answer 5: BS 5 STATE-19-0648-B-000201 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 B5 6 STATE-19-0648-B-000202 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 6) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 6: One of the key concerns that many in this body have noted about the 2001 AUMF is its lack ofa sunset provision that would provide a definitive end date for combat operations. a. ~ow do you think the lack of sunset provision in the 2001 AUMF has affected U.S. combat operations? How has it affected other nation's perception of U.S. combat operations?] B5 B6 b. Do you believe such sunset provisions are beneficial to an AUMF? Answer 6: B5 7 STATE-19-0648-B-000203 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 7) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 7: National Security Advisor John Bolton stated in June that the U.S. is expanding offensive cyber operations in order to counter digital economic espionage and other commercial issues. These comments followed on the continued empowering of the executive branch, whether via the Cyber Strategy or new National Security Presidential Memorandum 13, to prosecute offensive cyber operations in order to "defend forward." However, these operations put forth the question of what actions require Congressional approval. a. Please describe the types of cyber operations that the Administration would anticipate reporting pursuant to section 4 of the War Powers Resolution . b. Does the United States currently rely on either the 2001 or 2002 AUMFs as a statutory basis for cyber operations? c. What types of operations you believe require congressional authorization, and which ones do you believe fall below such a threshold? d. Do the operations that the U.S. is conducting to stop economic espionage in the digital domain require an authorization , in your estimation? e. What kinds of limits should a cyber AUMF place on US actions in the digital domain? Should such an AUMF stretch beyond the digital domain and constrain actions in the physical world? Answer 7: B5 8 STATE-19-0648-B-000204 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 8) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 8: The United States remains a key protector of human rights and individual freedoms around the globe. Any AUMF must keep in mind the role the U.S. plays in protecting these rights. a. Do you believe that human rights should play a role in AUMFs, and what role should they play in an AUMF that specifically targets terrorists? b. What mechanisms can Congress institute to help ensure that human rights remain at the center of a new AUMF? Answer 8: B5 9 STATE-19-0648-B-000205 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 9) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 9: In recent years, it seems that the Executive Branch has more frequently resorted to the use of force absent an AUMF or declaration of war. I think it is important for everyone to remember that declaring war and authorizing the use of force is a Constitutional role vested in Congress, and in this committee in particular. How, in your view, has the power to prosecute a conflict changed over the last several decades? Do you believe that there has been less transparency by the Executive Branch regarding conflicts? What are the constraints on Article II authority that you see? Answer 9: B5 10 STATE-19-0648-B-000206 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 85 11 STATE-19-0648-B-000207 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 10) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 10: What do you believe is the proper balance between providing the President with the tools needed to respond to emergencies with Congress's role of being the body to declare war? Answer 10: B5 12 STATE-19-0648-B-000208 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 85 13 STATE-19-0648-B-000209 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 11) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 11: When is Congressional engagement necessary in the use of force? Answer 11: B5 14 STATE-19-0648-B-000210 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 12) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 12: Section 36( c)(2) of the AECA specifically says "if the President states in his certification that an emergency exists ... thus waiving the requirements of subparagraphs (A) and (B) ... " - but the commercial sales were under subparagraph (C). a. What is the Office of Legal Advisor's legal analysis of this provision? How does it conclude that the Secretary had the legal authority to use this provision with regard to the 13 direct commercial sales to Saudi Arabia and the UAE that he included in his May 24, 2019 emergency determination? b. What is the justification for invoking an emergency declaration, when the plain language of the statute does not say that there is such an authority for commercial sales? c. If your argument is that Congress erred when it amended that provision in 2002, please provide the evidentiary basis for that contention, including how you determined Congressional intent by citing the Congressional reports or statements that buttress your position. d. If your argument is that Congress erred when it amended that provision in 2002, is there not a legal doctrine of interpretation oflaw that states, basically, that a provision oflaw that has remained unchallenged for years or has not been the subject of attempts to correct, then that provision of law should be followed according to the plain-letter meaning? If so, why did the Office of Legal Advisor not use this doctrine of interpretation? Does the Office of Legal Advisor apply this doctrine oflegal interpretation in other situations? Answer 12: B5 15 STATE-19-0648-B-000211 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 13) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 13: Did you, or did anyone in the office of the Legal Adviser, produce a written legal analysis, detennination, or recommendation that the Secretary of State had the authority to invoke an emergency certification? If so, will the State Department provide a copy of that written or any related legal analysis , determination and/or recommendation to the Committee? If not, what legal privilege is State claiming to exercise that prevents it, or enables it, from providing such written legal analysis, determination and/or recommendation to the Committee - the Committee of oversight for the Department and for these issues? Answer 13: BS 16 STATE-19-0648-B-000212 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 14) U.S. Senate Committee on Foreign Relations July 24, 2019 B5 B6__ Question 14:I Mr. String, is the U.S. Mexico Joint Declaration binding for purposes of international law? a. As you know, I have asked variations on this question numerous times. Why has the Department been so reluctant to answer my basic questions about this? b. As a legal expert on international instruments, how would you characterize this agreement? Answer 14: B5 17 STATE-19-0648-B-000213 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 , J UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 15) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 15: At the hearing, you stated that the U.S.-Mexico Declaration was "an important authoritative agreement that's been agreed to." What do you mean by an "important authoritative agreement"? a. Does an "authoritative agreement" impose any obligations on either country? If so, what obligations? b. Is such an agreement binding for purposes of international law? Answer 15: 85 18 STATE-19-0648-B-000214 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 16) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 16: What is your understanding of how the President views the U.S. Mexico Joint Declaration, in te1ms of whether it imposes obligat ions on Mexico or the United States? Have you or has the Department briefed the President on the Joint Declaration? Answer 16: B5 19 STATE-19-0648-B-000215 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 17) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 17: Your answers at the hearing seemed to indicate that there are ongoing discussions with Mexico about other or related agreements. Can you clarify? What are the status of those? Are they intended to impose binding obligations for purposes of international law on each country? Answer 17: B5 20 STATE-19-0648-B-000216 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 18) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 18: You stated that the executive branch was still considering whether the U.S.-Mexico Joint Declaration would be reported under the Case Act. Please provide an update of those discussions and the factors relevant to whether the Administration will do so. Answer 18: B5 21 STATE-19-0648-B-000217 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 19) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 19: Beyond the Joint Declaration - which appears to be just a statement by two parties- and the supplementary agreement, which on its face doesn't create any binding obligations, has the U.S. and Mexico entered into any other commitments or agreements related to migration? Any others that were supposedly to resolve the tariff threats? How would you characterize those agreements and when will this Committee receive copies? Answer 19: B5 22 STATE-19-0648-B-000218 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 20) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 20: The U.S. also reportedly recently entered into an agreement with Guatemala on migration issues. What was agreed to? Is there a written document? When will you provide any such documents to the Committee? Answer 20: B5 B5 B6 23 STATE-19-0648-B-000219 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 21) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 21: Has the Department conducted its own assessment of whether Guatemala can serve as a safe third country under U.S. law? What was the result of that assessment? Answer 21: B5 24 STATE-19-0648-B-000220 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 22) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 22: Has the Department provided a recommendation to the White House as to whether Guatemala can serve as a safe third country under U.S. law? What was that recommendation? Answer 22: B5 25 STATE-19-0648-B-000221 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 23) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 23: In the cun-ent or previous Administrations, has the Office of the Legal Adviser analyzed the legality under international law of U.S. support for Saudi Arabia's prosecution of the conflict in Yemen (to include arms sales, logistical and intelligence support)? If yes, please indicate whether any such analysis resulted in the conclusion that U.S. officials or personnel participating in such activities would be exposed to charges of war crimes? Please provide any such analyses in unclassified form, to the extent possible, or in a classified format. Answer 23: B5 26 STATE-19-0648-B-000222 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 24) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 24: As you know, the Global Magnitsky Human Rights Accountability Act requires the President, upon receipt of a request from the Chairman and Ranking Member of the Senate Committee on Foreign Relations, to determine whether a foreign person is responsible for an extrajudicial killing, torture, or other gross violation of internationally recognized human rights against an individual exercising freedom of expression, and report to the Committee within 120 days with a determination and a decision on the imposition of sanctions on that foreign person or persons. Last year, Senator Menendez, as the Ranking Member of the Senate Foreign Relations Committee, along with then Chai1man Bob Corker made such a request with respect to Saudis involved in the Khashoggi murder, including specifically Crown Prince Mohammed bin Salman. Yet the Administration has not made such a determination. a. Why has the administration not made the determination as required by statute? b. Did the Department make a legal assessment regarding its obligation to submit a report to the Chairman and Ranking Member of the Senate Foreign Relations Committee pursuant to section 1263(d) of the Global Magnitsky Act? If so, what did that assessment conclude? c. Is the Department engaged in its own effort or supporting the efforts of other U.S. government agencies to uncover all of the perpetrators ofKhashoggi's murder, including those who ordered, directed, or otherwise controlled the murder? If so, what is the status of that investigation and who is leading it? If not, why not? Answer 24: B5 27 STATE-19-0648-B-000223 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 B5 28 STATE-19-0648-B-000224 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 B5 B6 Approved by: Drafted by: Cleared by: 29 STATE-19-0648-B-000225 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850175 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850267 Date: 01/27/2020 RELEASE IN PART B5,B6 From: Fabry, Steven F Sent: To: Thu, 27 Jun 2019 19:13:35 +0000 ~----~ Cc: Dorosin, Joshua LI [DECONTROLLED [ B6 String, Marik A Subject: RE: Response to AUMF letter for clearance by COB Attach: Response to HFAC re AUMF 20190627 (CLEARED).docx Thanks,! I B5 B6 Steve Official - SBU UNCLASSIFIED From: ~----------~ B6 Sent: Thursday, June 27, 2019 2:25 PM To: Fabry, Steven F <~ ~_ _ _ _ _ _ _ _ _ _ ~ _ ;~ String, Marik A< Cc: Dorosin, Joshua L ;I Subject: Response to AUMF letter for clearance by COB Steve In Marik and Josh's absence~ B5 B65 B6 Could you please clear by COB to make that possible, or let me know if you have edits or wish to discuss? ~---------------------------~ B5 Many thanks, B6 Official UNCLASSIFIED STATE-19-0648-B-000226 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850267 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850274 Date: 01/27/2020 B6 From: Sent: RELEASE IN PART 85,86 Fri, 28 Jun 2019 15:04:28 +0000 To: Cc: Subject: RE:Responseto AUMF letter for clearance by COB B5 ~--------- B6 .twas emailed to Engel this morning with hard copies going out to Engel and Deutch. Best , CJ B6 From: 'c--c-~~-~~~~~~~----~ Sent: Friday, June 28, 2019 11:00 AM To: Cc: Subject: FW: Response to AUMF letter for clearance by COB ~-------------~ B5 Attac hed is the letter from Reps. Engel and Deutchl B6 I B6 From: ~------------~ Sent: Thursday , June 27, 2019 4:22 PM To: I I Subject: FW: Response to AUMF letter for clearance by COB STATE-19-0648-B-000227 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850274 Date: 01/27/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850274 Date: 01/27/2020 B5 B6 Best, B6 Official UNCLASSIFIED From: ~----~ Sent: Thursday, June 27, 2019 2:25 PM To: Steve Fabry Subject: RE: AUMF letter Marik-1 just talked with e=] who will pull something together for tomorrow. Thanks -D Official - SBU UNCLASSIFIED From: String, Marik A <~rlDJg_M_Af!J_~~gQ\/ : Sent: Monday, July 8, 2019 4:00 PM To: I ~; Fabry, Steven FI 4 I ~isek, Richard q >; Dorosin, Joshua L <1 '-------,-----------====-=-=-=--=--=--=--=~p Cc:I~--------------~ Subject: RE: AUMF letter DELIBERATIVE/PREDECIS IONAL PRIVILEGED Pending any further thoughts from A I /\ I I STATE-19-0648-C-000038 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844738 Date: 03/09/2020 B5 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844738 Date: 03/09/2020 Thanks, Marik Official - SBU UNCLASSIFIED From: 86 > ~----------~ Sent: Monday, July r--'------8, 2019 1:58 PM ~ -----------------, To: Fabry, Steven F Subject: RE:AUMF letter Here's the first 1264 report (unclassified). Official - SBU UNCLASSIFIED From: Fabry, Steven F Sent: Monda Jul 8 2019 1:45 PM To: ,------~------7-- _________________ __J ; String, Marik A ; Dorosin, Joshua L Visek, Richard C Subject: RE:AUMF letter 85 -- Steve Official - SBU UNCLASSIFIED From: 86 ~---------~ Sent: Monday, July 8, 2019 1:09 PM To: A I /\ >; String, Marik A I STATE-19-0648-C-000039 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844738 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844738 Date: 03/09/2020 ; Doros in, Joshua L Fabry, Steven F ~------~------------~ Subject: RE: AUMF letter B6 Visek, Richard C All, B5 https://www.justsecurity.org/64807 /unpacking-the-state-dept-acknowledgment-that-2001and-2002-a u mfs-dont-a utho rize-wa r-aga i nst-i ran/ Best, B6 From:~-------------~ Date: July 8, 2019 at 5:05:23 PM GMT+2 To: String, Marik A ~-------"'---------,========,,------___j Joshua LI IVisek, Richard CI I 1 I ~ > , Dorosin , I Fabry, Steven F I Subject: RE: AUMF letter Mar ik, B5 Happy to discuss further . B6 Atto rney-Adviser L/ASCA A I /\ I STATE-19-0648-C-000040 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844738 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844738 Date: 03/09/2020 Office of the Legal Adviser United States Department of State Office Phone:I I B6 Unclassified em~il:~------~ L Classified email:I I CAUTION: Information contained in this message may be protected by the attorney/client, attorney work product, deliberative process or other privileges. Do not disseminate further without approval from the Office of the Legal Adviser. ~--------~ From: String, Marik A Sent: Monday, July8, ~2=0~19~10~:=s~4~A~M~--~ To: L_~...r------------i-~Richard C _J ; Dorosrin --'L...C... Jo =s"--'-h=u=a---= L'===__ Fa ry, Steven F ~~~~~=L;___:__; Visek, > ~------- Subject: RE:AUMF letter All, BS Thanks, Marik Official - SBU UNCLASSIFIED From: Sent: Monday, July 1, 2019 9:50 AM To: Dorosin, Joshua LI I String, Marik Al ~-------,-1 ---------->, ~abrv Steven F l~--Richard d B6 ~~-~--------~ IVisek, < I> < Subject: RE: AUMF letter Josh -I A I /\ I BS I UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 STATE-19-0648-C-000041 Doc No. C06844738 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844738 Date: 03/09/2020 B5 B6 Official - SBU UNCLASSIFIED From: Dorosin, Joshua L~------~ Sent: Saturday, June 29, 2019 2:21 AM To: String, Marik Al Visek, Richard C Fabry, Steven F Subject: Re: AUMF letter B5 I Sent fr om my BlackBerry 10 smartpho ne. From: String, Marik A Sent: Friday, June 28, 2019 11:08 PM To: Visek, Richard C; Fabry, Steven F; Dorosin, Joshua L; I ~------~ SubJect: AUMFletter Great work, all, in assembl ing the quick response to the lette r. Have a great weekend. Marik Engel & Deutch Receive State Department Answer on Old War Authorizations & Iran June 28, 20 19 Washington-Representative Eliot L. Engel , Chairman of the House Committee on Foreign Affairs , and Representative Ted Deutch, Chairman of the Foreign Affa irs Subcommittee on the Middle East, North Africa , and A I /\ I STATE-19-0648-C-000042 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844738 Date: 03/09/2020 B6 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844738 Date: 03/09/2020 International Terrorism, today announced that the Department of State has replied to their request earlier this week to produce information on the Department's legal analysis of the 2001 and 2002 authorizations for the use of military force as they relate to military action against Iran. The lawmakers issued the following statement: "We had hoped that the State Department would affirm what we consider abundantly clear: the 2001 and 2002 war authorizations do not apply to military action against Iran. The Administration appears to acknowledge that generally, based on the facts that exist today, but the reply we received includes a loophole wide enough to drive a tank through. The Administration claims that the President could use these authorizations to attack Iran in defense of any third party he designates as a partner. These war authorizations have already been stretched farther than Congress ever intended, and we reject this attempt to stretch them further. To repeat what we said in our letter, Congress has not authorized the use of force against Iran under any legal theory. We are also concerned that the Administration opened the door to reinterpreting its position in the future. We're going to push for more information on the Department's legal theory surrounding these matters, and should the Administration's view of these issues change, they must notify Congress immediately." The State Department's reply can be found here . ### Official - Transitory UNCLASSIFIED A I /\ I STATE-19-0648-C-000043 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844738 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844749 Date: 03/09/2020 Statements re Iran, al Qa'ida, and AUMF I) [RELEASE IN FULL[ SECRET ARY POMPEO SFRC, April 10, 2019 Budget Hearing SENATOR PAUL: Thank you for your testimony, Secretary Pompeo. Do you believe that the 2001 authorization to go to war with those who attacked us on 9/ 11 applies to Iran or Iran's Revolutionary Guard? SECRETARY POMPEO: I'd prefer to just leave that to lawyers, Senator. SENATOR PAUL: Well, I would think it would be a pretty important question that -SECRETARY POMPEO: Well-SENATOR PAUL: -- whether or not you think you have the right to invade or declare war or engage in war with Iran, and doesn't sound like something we're going to leave to the Supreme Court. It's going to be a decision by the administration. SECRETARY POMPEO: Right. SENATOR PAUL: Does the administration believe - you've just recently classified the Iran the entire Revolutionary Guard as terrorist. Do you think that that somehow includes them in the 2001, and is that any part of the decision-making process with including this designation? SECRETARY POMPEO: I'll answer your second question. It was not part of the decisionmaking process. The designation was a simple recognition of reality. These are terrorists. They killed 600 Americans. Six hundred Americans dead, families today grieving. We recognize them as terrorists in the same way we do other terrorist groups around the world. When we see them, we try to call them out as best as we can and as quickly as we can. SENATOR PAUL: But you're unwilling to state unequivocally that you - that the resolution in 2001 to have retribution and stop the people who attacked us, that Iran had something to do with the attacks on 9/11 or that the national Iraqi Revolutionary Guard had something to do with 9/11? SENATOR PAUL: And I think some would argue that the Iranian Government is not real happy with Sunni extremists. They have Sunni extremists in the country, but it is not sort of like they are joining forces to fight the West. They actually would just as soon eradicate Sunni extremists and have actually evicted - quite a few are in prison, quite a few - so I don't think that dog hunts very well. 1 A J1Ir pv 1/' A 1 STATE-19-0648-C-000044 ll.J.S. Department of State Case No. F-2019-06548 Doc No. C06844749 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844749 Date: 03/09/2020 Statements re Iran, al Qa'ida, and AUMF But I am troubled that the administration can't unequivocally say that you haven't been given power. I can tell you explicitly you have not been given power or authority by Congress to have war with Iran. And in any kind of a semblance of a sane world, you would have to come back and ask us before you go into Iran. So my hope is - I'm not arguing whether the - Iran's Revolutionary Guard are terrorists. My argument is that you do not have the permission of Congress to go to war in Iran. If you want a war in Iran, you have to come to us. It's the way the Constitution was written , and it needs to be very clear. And begging off and saying, well, the lawyers no, no, this is our history. This is a very important question. It's a very explicit question. Only Congress can declare war. You do not have our permission to go to war in Iran, and that should be very explicit. +++++++++++++++++++++++++++++++++++++++++++ Face the Nation, June 16, 2019 MARGARET BRENNAN: SEC. POMPEO: Remember, they now have attacked U.S. aircraft. They- on June 6th, there was a missile fired from Yemen. With- that we assessed had Iranian assistance that took down an MQ-9 aircraft. These are attacks on fundamental, international norms, and now on American interests, and we always have the right to defend our country. MARGARET BRENNAN: But I ask you because there are questions about whether the existing SEC. POMPEO: Sure. MARGARET BRENNAN: Are you confident that you could go, and not have to ask Congress for permission to take action? SEC. POMPEO: Margaret, I- I don't want to get into hypotheticals. But the American people should be very confident. The actions that the United States takes under President Trump will always be lawful, always consistent with our Constitution, and we will always do the hard tasks it takes to protect American interests, wherever they are. MARGARET BRENNAN: But do you need Congress's permission? SEC. POMPEO: To- to do what, Margaret? I mean depend- you- I- I don't know how to answer the question in the abstract. Permission-MARGARET BRENNAN: Well, you said a range of options are being looked at. SEC. POMPEO: Yes. Every- every option we look at will be fully lawful. 2 A I /\ I STATE-19-0648-C-000045 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844749 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844749 Date: 03/09/2020 Statements re Iran, al Qa'ida, and AUMF II) BRIAN HOOK HFAC Hearing, June 19, 2019 Rep. Deutch: Secretary Pompeo told the Senate Foreign Relations Committee and I quote, "There is no doubt there is a connection between the Islamic Republic of Iran and al-Qaida. Period. Full stop . The factual question with respect to Iran's connections to al-Qaida is very real. They have hosted al-Qaida . They have permitted al-Qaida to transit their country . I would refer you, Mr. Hook, to the 2001 Authorization for the Use of Military Force in which it says, "The President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aiding the terrorist attacks that occurred on September 11th , 2001, or harbored such organizations, or persons." Mr. Hook, is the administration preparing to tell Congress that it has the authority to launch military action against Iran because one of Osama bin Laden's sons has been living in Iran? Mr. Deutch: But I would ask the question again. Are we-the concern obviously is that some of the statements that I have read suggest that the administration is prepared to say that it has the authority to launch military action against Iran because under the 2001 AUMF because one of Osama bin Laden's sons has been living there. How about because there are former al-Qaida members living or transiting through Iran? Is that enough to justify a reliance in the 2001 AUMF to take military action against Iran? Mr. Hook: Well, I am happy to answer the question. I just want to first underline as I said in my opening state that we are notMr. Deutch: I understand the policy. I appreciate that. Mr. Hook: No, I am saying we are not seeking military action. Mr. Deutch: I am grateful for that. Mr. Hook: Right. Mr. Deutch: I am just talking about the concerns that we have based on the statements that have been made. Is the administration preparing to tell Congress that it has the authority to launch military action against Iran because there is direct evidence of Iran having operational control over al-Qaida? Mr. Hook: If the use of military force is necessary to defend U.S. national security interests, we will do eve1ything that we are required to do with respect to congressional war powers and we will comply with that law. Mr. Deutch: I understand and I appreciate that. I would just ask again. Is there, based on what I have laid out and the statements made by the Secretary and the National Security Advisor, is it3 A I /\ I STATE-19-0648-C-000046 UNCLASSI FIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844749 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844749 Date: 03/09/2020 Statements re Iran, al Qa'ida, and AUMF do you believe that the administration could launch an attack against Iran under the 2001 AUMF? Mr. Hook: This is something which the Office of the Legal Adviser can give you an opinion on if you would like to submit it. That is a legal question. 4 A I /\ I STATE-19-0648-C-000047 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844749 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844754 Date: 03/09/2020 RELEASE IN PART B5,B6 B6 From: Sent: Mon, 8 Jul 2019 17:57:39 +0000 To: Fabry, Steven F '---;=========== L;Visek, Richard C tring, Marik A;Dorosin, Joshua ='-----------'=------, [DECONTROLLED ! Subject: RE: AUMF letter Attach: Legal-and-Policy-Frameworks-on-US-Use-of-Force.pdf Here' s the first 1264 report (unclassified) . Official - SBU UNCLASSIFIED From: Fabry, Steven F Sent: Monday, July 8, 2019 1:45 PM ,- ----,__ ______ ~-----------~~ -~~~~ . Dorosin, Joshua L __J . String, Marik A Visek, Richard C B5 -- Steve Official - SBU UNCLASSIFIED B6 From: Sent: Monday, July 8, 2019 1:09 PM To: ; String, Marik A ; Dorosin, Joshua L Fabry, Steven F~---------L_ Subject: RE: AUMF letter _____________ Visek, Richard C _j > All, A J1Ir pv 1/' A 1 STATE-19-0648-C-000048 ll.J.S. Department of State Case No. F-2019-06548 Doc No. C06844754 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844754 Date: 03/09/2020 B5 https ://www. j ustsecu rity. o rg/ 64807 /unpacking-the-state-de a nd-2002-a u mfs-dont-a utho rize-wa r-aga i nst-i ran/ pt-ackn owledgment-that-2001- Best, B6 From: ~-------------~ Date: July 8, 2019 at 5:05:23 PM GMT+2 To: String, Marik ;:::.:...._-------========--------{__~-------~--_J Joshua L Visek, Richard C B6 , Dorosin, Fabry, Steven F Subject: RE:AUMF letter Marik, B5 Happy to discuss further . B6 Attorney-Adviser L/ASCA Office of the Legal Adviser United States Department of State I Office Phone: I Unclassified email: Classified email:1,------'-------_,_ j A I /\ -----, I STATE-19-0648-C-000049 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844754 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844754 Date: 03/09/2020 CAUTION: Informat ion contained in this message may be protected by the attorney/client, attorney work product, deliberative process or other priv ileges. Do not disseminate further without approval from the Office of t he Legal Adviser. From: String, Marik A ~------~ Sent: Monday, July 8, 2019 10:54 AM To:I Rich~a-rd~d-------~I Dorosin, Joshua L F-a-bry-,-St~evenF~---~--=------~ I Visek, B6 Subject: RE:AUMF letter All, B5 Thanks, Marik Official - SBU UNCLASSIFIED B6 From: ~-----------~ Sent: Monday, July 1, 2019 9:50 AM To: Dorosin, Joshua L Richard q String, Marik Al !Fabry,Steven FI :~---~----------. ~ lvisek, I ---~~ Subject: RE:AUMF letter Josh A I /\ -I B5 I I STATE-19-0648-C-000050 UNCLASSIF IED U.S. Department of State Case No. F-2019-06548 Doc No. C06844754 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844754 Date: 03/09/2020 85 c=J 86 Official - SBU UNCLASSIFIED From: Dorosin, Joshua L -------Sent: Saturday, June 29, 2019 2:21 AM To: String, Marik A isek, Richard C Fabry, Steven F Subject: Re: AUMF letter 85 I Sent from my BlackBerry 10 sma rtpho ne. From: String, Marik A Sent: Friday, June 28, 2019 11:08 PM To: Visek, Richard C; Fabry, Steven F; Dorosin, Joshua L; I 86 ~-----~ SubJect: AUMFletter Great work, all, in assembl ing the quick response to the lette r. Have a great weekend. Marik Engel & Deutch Receive State Department Answer on Old War Authorizations & Iran June 28, 20 19 Washington-Representative Eliot L. Engel , Chairman of the House Committee on Foreign Affairs , and Representative Ted Deutch, Chairman of the Foreign Affa irs Subcommittee on the Middle East, North Africa , and A I /\ I STATE-19-0648-C-000051 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844754 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844754 Date: 03/09/2020 International Terrorism, today announced that the Department of State has replied to their request earlier this week to produce information on the Department's legal analysis of the 2001 and 2002 authorizations for the use of military force as they relate to military action against Iran. The lawmakers issued the following statement: "We had hoped that the State Department would affirm what we consider abundantly clear: the 2001 and 2002 war authorizations do not apply to military action against Iran. The Administration appears to acknowledge that generally, based on the facts that exist today, but the reply we received includes a loophole wide enough to drive a tank through. The Administration claims that the President could use these authorizations to attack Iran in defense of any third party he designates as a partner. These war authorizations have already been stretched farther than Congress ever intended, and we reject this attempt to stretch them further. To repeat what we said in our letter, Congress has not authorized the use of force against Iran under any legal theory. We are also concerned that the Administration opened the door to reinterpreting its position in the future. We're going to push for more information on the Department's legal theory surrounding these matters, and should the Administration's view of these issues change, they must notify Congress immediately." The State Department's reply can be found here . ### Official - Transitory UNCLASSIFIED A I /\ I STATE-19-0648-C-000052 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844754 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844757 Date: 03/09/2020 UNCLASSIFIED [RELEASE IN FULL [ Report on the Legal and Policy Frameworks Guiding the United States' Use of Military Force and Related National Security Operations This report is provided consistent with Section 1264 of the National Defense Authorization Act (ND AA) for Fiscal Year (FY) 2018. 1 It provides an update to the legal, factual, and policy bases for the "Report on the Legal and Policy Frameworks Guiding the United States' Use of Military Force and Related National Security Operations," originally published on December 5, 2016 ("original report"). Consistent with Section 1264, this report contains a classified annex. If a particular item or topic area from the original report is not covered in this update or its classified annex, it remains u11changedfrom the original report. Countries in Whichthe UnitedStates Has Used or Is UsingMilitary Force Consistent with the War Powers Resolution, the President provides a periodic report to Congress every six months on the status of the situations in which U.S. Armed Forces have been, among other things, introduced into "hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances."2 Including as described in the most recent periodic War Powers report, submitted on December 11, 2017, the United States has used military force in the following countries:3 o Afghanistan: Pursuant to the strategy that the President announced publicly on August 21, 2017, U.S. forces remain in Afghanistan for the purposes of stopping the reemergence of safe havens that enable terrorists to threaten the United States or its interests, supporting the Afghan government and the Afghan military as they confront the Taliban in the field, and creating conditions to support a political process to achieve a lasting peace. United States forces in Afghanistan are training, advising, and assisting Afghan forces; conducting and supporting counterterrorism operations against al-Qa'ida and against the Islamic State of Iraq and Syria (ISIS); and taking appropriate measures against those who provide direct support to al-Qa'ida, threaten U.S. and coalition forces, or threaten the viability of the Afghan government or the ability of the Afghan National Defense and Security Forces to achieve campaign success. The United States remains in an armed conflict, including in Afghanistan and against al-Qa'ida, ISIS, the Taliban, and the Taliban Haqqani Network, and active hostilities are ongoing. 1 National ' Defense Authorization Act for .Fiscal Year 2018, Pub. L. No. 115-91 (2017) ("NDAA for FY 20 J8"). Joint Resolution Concerning the War Powers of Congress and the President, Pub . L. No. 93-148, 87 Stat. 555 (1973) ("War Powers Resolution"). 2 Letter from the President to the Speaker of the House of Representatives and the President Pro Tempore of the Senate providing a Supplemental Consolid ated Report Consistent with the War Powers Resolution, December 11, 2017("2017 War Powers Report"). 3 1 UNCLASSIFIED A\/lr r pv 1/' A 1 STATE-19-0648-C-000053 .S. Department of State Case No. F-2019-06548 Doc No. C06844757 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844757 Date: 03/09/2020 UNCLASSIFIED o Iraq and Syria: As part of a comprehensive strategy to defeat ISIS, U.S. Armed Forces are conducting a systematic campaign of airstrikes and other vital operations against ISIS forces in Iraq and Syria. U.S. Armed Forces have also carried out airstrikes and other necessary operations against al-Qa'ida in Syria. U.S. Armed Forces are also deployed to Syria to conduct operations against ISIS with indigenous ground forces. In Iraq, U.S. Armed Forces are advising and coordinating with Iraqi forces and providing training, equipment, communications support, intelligence support, and other support to select elements of the Iraqi security forces, including Iraqi Kurdish Peshmerga forces. Actions in Iraq are being undertaken in coordination with the Government of Iraq, and in conjunction with coalition partners. U.S. Armed Forces participating in the Defeat-ISIS campaign in Syria have taken a limited number of strikes against Syrian government and pro-Syrian government forces. These strikes were lawful measures to counter immediate threats to U.S. and partner forces while engaged in that campaign. Additionally, on April 6, 2017, U.S. forces in the Mediterranean Sea operating beyond the territ01ial sea of any state struck the Shayrat military airfield in Syria in response to the chemical weapons attack on Syrian civilians in southern ldlib Province, Syria, on April 4, 2017. o Yemen: A small number of U.S. military personnel are deployed to Yemen to conduct operations against al-Qa'ida in the Arabian Peninsula (AQAP) and ISIS. U.S. Armed Forces continue to work closely with the Government of Yemen and regional partner forces to dismantle and ultimately eliminate the terrorist threat posed by those groups. United States forces have conducted a number of airstrikes against AQAP operatives and facilities in Yemen, and supported United Arab Emirates- and Yemen-led operations to clear AQAP from Shabwah Govemorate. In October 2017, U.S. forces also conducted airstrikes against ISIS targets in Yemen for the first time. o Separately, United States forces, in a non-combat role, have also continued to provide logistics and other support to the Saudi-led coalition combatting the Houthi insurgency in Yemen. The limited military and intelligence support that the U.S. military is providing to the Saudi-led coalition does not involve the introduction of U.S. Armed Forces into hostilities and thus does not trigger reporting under the War Powers Resolution. o Somalia: In Somalia, U.S. forces are countering the terrorist threat posed by ISIS and al- Shabaab, an associated force of al-Qa'ida United States forces have conducted a number of airstrikes against al-Shabaab as well as ISIS. United States forces also advise, assist, and accompany regional forces, including Somali and African Union Mission in Somalia (AMISOM) forces, during counterterrorism operations. o Libya: United States forces have conducted a number of airstrikes against ISIS in Libya. These airstrikes were conducted in coordination with Libya's Government ofNational Accord. 2 UNCLASSIFIED A I /\ I STATE-19-0648-C-000054 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844757 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844757 Date: 03/09/2020 UNCLASSIFIED o Niger: United States forces that were deployed to Niger to train, advise, and assist Nigerien partner forces were attacked on October 4, 2017 and on December 6, 2017, by elements assessed to be part oflSIS. United States and Nigerien partner forces responded with armed force in self-defense. Tlte DomesticLaw Basesfor the Ongoing Use of U.S.Military Force o Statutory Authorization: The 2001 AUMF o The Scope of the 2001 AUMF: The classified annex contains more information on the application of the Authorization for Use of MilitaryForce (2001 AUMF)4 to particular groups and individuals. o Statutory Authorization: The 2002 AUMF: Although the Authorization for Use of Military Force Against Iraq (2002 AUMF)5 was mentioned in the original report with respect to its authorization to use force against ISIS in Iraq and in certain circumstances in Syria, the original report did not provide a full explanation of the scope of the 2002 AUMF. Under the relevant portions of the 2002 AUMF, "[t]he President is authorized to use the Armed Forces of the United States as he determines to be necessary and appropriate in order to ... defend the national security of the United States against the continuing threat posed by Iraq." 6 Although the threat posed by Saddam Hussein's regime in Iraq was the primary focus of the 2002 AUMF, the statute, in accordance with its express goals, has always been understood to authorize the use of force for the related dual purposes of helping to establish a stable, democratic Iraq and for the purpose of addressing terrorist threats emanating from Iraq. After Saddam Hussein's regime fell in 2003, the United States continued to take military action in Iraq under the 2002 AUMF to further these purposes, including action against al-Qaida in Iraq (now known as ISIS). Then, as now, that organization posed a terrorist threat to the United States and its partners and undermined stability and democracy in Iraq. Congress ratified this understanding of the 2002 AUMF by appropriaHng funds over several years. Furthermore, although the Iraq AUMF limits the use of force to address threats to, or stemming from, Iraq, it (like the 2001 AUMF) contains no geographic limitation on where authorized force may be employed. Accordingly, the 2002 AUMF reinforces the authority for military operations against ISIS in Iraq and, to the extent necessary to achieve the purposes described above, in Syria or elsewhere. o The President's Constitutional Authority to Take Militmy Action in Certain Circumstances Without Specific Prior Authorization of Congress: In addition to these statutes, Article II of 4 Authorization for Use of Military Force, Pub. L. No. 107-40, I 15 Stat. 224, (2001) ("2001 AUMF"). 5 Authorization for Use of Military Force Against Iraq, Pub. L. No. I 07-243, 116Stat. 1498 (2002) ("2002 AUMF " ). 6 ld. ? 3(a)(!). 3 UNCLASSIFIED A I /\ I STATE-19-0648-C-000055 UNCLASS IFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844757 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844757 Date: 03/09/2020 UNCLASSIFIED the Constitution provides authority for the use of military force in certain circumstances even without specific prior authorization of Congress. For example, on April 6, 2017, the President directed a military strike against the Shayrat military airfield in Syria pursuant to his authority under Article II of the Constitution to conduct foreign relations and as Commander in Chief and Chief Executive. United States intelligence indicated that Syrian military forces operating from that airfield were responsible for the chemical weapons attack on Syrian civilians in southern Idlib Province, Syria The President directed this strike in order to degrade the Syrian military's ability to conduct further chemical weapons attacks and to dissuade the Syrian government from using or proliferating chemical weapons, thereby promoting regional stability and averting a worsening of the region's current humanitarian catastrophe. In directing this strike, the President acted in the vital national security and foreign policy interests of the United States. Congress was notified of this particular strike on April 8, 2017, in a Presidential report, consistent with the War Powers Resolution. Working With Others in an Armed Conflict The 2017 National Security Strategy and the 2018 National Defense Strategy continue to prioritize working by, with, and through allies and partners to achieve our national security objectives. This calls for partnerships with states, multinational forces, and in some cases, nonstate actors that share U.S. interests. For example, 70 state partners (and 4 international organizations) are part of the Defeat~ISISCoalition. United States-supported non-state actors in Syria were also critical in dismantling ISIS's self-proclaimed physical "caliphate." o Domestic Authoritiesand Limitations: Section 1232 of the ND AA for FY 2017,7 as amended by Section 1231 of the NDAA for FY 2018, purports to limit <; . Fabr Steven F ; Dorosin, Joshua L Visek Richard C > Cc: ~--------------~ > Subject: RE: AUMF letter Marik, I've attached two documents: 1) B5 2) Statements in hearings and to the press on the record by Sand Brian Hook regarding Iran and the 2001 AUMF. B5 A J1Ir pv 1/' A 1 STATE-19-0648-C-000071 ll.J.S. Department of State Case No. F-2019-06548 Doc No. C06844797 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844797 Date: 03/09/2020 85 86 L/ASCA Office of the Legal Adviser United States Department of State Office Phone:I I Unclassified email: Classified email: CAUTION: Information contained in this message may be protected by the attorney/client, attorney work product, deliberative process or other privileges . Do not disseminate further without approval from the Office of the Legal Adviser . -'====a------=-~ I ~~-------~ From: String, Marik A~-------~ Sent: Monda , Jul 8, 2019 4:20 PM >; Fabry, Steven F To: ; Dorosin, Joshua L Visek, Richard C c: Sui>Ject: etter Many thanks - to answer O 85 uestion ~--------------------~ Marik Official - SBU UNCLASSIFIED From: 86 ~-----------~ Sent: Monday, July 8, 2019 4:07 PM To: String, Marik Fabry, Steven F ; Dorosin, Joshua L isek, Richard C Cc: Subject: RE:AUMF letter ~--------------~ A I /\ I STATE-19-0648-C-000072 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844797 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844797 Date: 03/09/2020 Marik-I just talked with D who will pull something together for tomorrow. Thanks -D 86 Official - SBU UNCLASSIFIED From: String, Marik A~------~ Sent: Monda Jul 8 2019 4:00 PM ; Fabry, Steven F ; Dorosin, Joshua L Visek, Richard > Cc: SubJect: RE:AUMF etter DELIBERATIVE/PREDECISIONAL PRIVILEGED Pending any further thoughts froml 86 ll 85 Thanks, Marik Official - SBU UNCLASSIFIED 86 From: ~----------~ Sent: Monday, July ~-----8, 2019 1:58 PM ---= ~---------------To: Fabr , Steven F ~ -------; String, Marik A Dorosin, Joshua L r-=======::::;;=='-------___:__-----, Visek, Richard C , Subject: RE:AUMF letter Here's the first 1264 report (unclassified) . Official - SBU UNCLASSIFIED From: Fabry, Steven F Sent: Monday, July 8, 2~0~1~9~1~:4_5_P_M___ To: A I /\ _ ; String, Marik A I STATE-19-0648-C-000073 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844797 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844797 Date : 03/09/2020 1-I b I I -------- 86 Dorosin. Joshua L l_____'___c~I ~~~~~~ ~,v -is-ek- ,-R-ic-ha _ r_d_C~I______ ___________ __J , Dorosin, I STATE-19-0648-C-000074 UNCLASSI FIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844797 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844797 Date: 03/09/2020 Visek, Richard C Joshua L Fabry, Steven F 86 > Su ject: RE:AUMF etter Marik, 85 Happy to discuss further. 86 Attorney-Adviser L/ASCA Office of the Legal Adviser United States Department of State Office Phone: Unclassified ema_i_l:~ I _______ ____.____ Classified email:I CAUTION: Informat ion contained in this message may be protected by the attorney/client , attorney work product , deliberative process or other priv ileges. Do not disseminate further without approval from the Office of the Legal Adviser. ~--------~ From: String, Ma rik A ~------~ Sent: Monday, July 8, 2019 10:54 AM To: ; Dorosin, Joshua LI Rich~a-rd- C~------~Fa _b_r-y,~Steven ~,~--------{_ ___ ~------~ I Visek, ---,----------L-, 1 > Subject: RE:AUMF letter All, 85 an RE : cheat sheet ~ Thanks for I B5 the fantastic work on these points . .__, O~f~f,~c,~a1 ~-~5~s ~u~(D ~e~h~b -er-a~t, -ve~ Pr_o_ce-s~s)~--------- ~ UNCLASSIFIED B6 From: ~~-,-------------~ Sent: Tuesday, July 16, 2019 6:28 PM To: String, Marik A ,----------- ~~-----~ orosin, Joshua L Cc: Sub~je- c-t:~R~E-:c~h-e-at- s~h-ee _t____________________ ~------~ Visek, Richard C _ Hi Mari k - B5 A J1Ir pv 1/' A 1 STATE-19-0648-C-000095 .S. Department of State Case No. F-2019-06548 Doc No. C06844817 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844817 Date: 03/09/2020 BS SFRChas confirmed 1:30-2:30 PM on Thursday and we are awaiting a final time from HFAC,but it will likely be later that afternoon. Best, ~--------------------~ B6 Official - SBU (Deliberative Process) UNCLASSIFIED From: String, Marik A ~------~ Sent: Tuesday, July 16, 2019 5:50 PM To:1 Cc:/-1 f -----------------'---,r; f I Dorosin, Joshua L ~------- . ~-~ l~-------------------~ Subject: RE:cheat sheet Thanksj BS I(Tomorrow is fine ...) I ~M _a _r~ik--------------~ Official - SBU (Deliberative Process) UNCLASSIFIED B6 From: ~----------~ Sent: Tuesday, July 16, 2019 5:42 PM To: String, Marik A I ~ ------------- F;Dorosin, Joshua L Subject: RE: cheat sheet MarikAttached please find the one- a er reall a two- a er that ~--------L__ __ __J BS ou re uested. Let us know if this is what you had in mind or if you want anything else in this vein. Best, I B6 I Official - SBU (Deliberative Process) UNCLASSIFIED From: String, Marik A ~------Sent: Tuesday, July 16, 2019 11:04 AM To:I Cc:1 Su6Ject:cheat sheet f r;Dorosin, Joshua L ~------~ Could you also prepare a short 1 pager for the briefing that includes: BS A I /\ I STATE-19-0648-C-000096 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844817 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844817 Date: 03/09/2020 85 Thanks, Marik Official - SBU (Deliberative Process) UNCLASSIFIED A I /\ I STATE-19-0648-C-000097 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844817 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844819 Date: 03/09/2020 RELEASE IN PART B5,B6 B6 From: [DECONTROLLED ! Sent: Tue, 16 Jul 2019 22:28:28 +0000 To: String, Marik A;Dorosin, Joshua L;Visek, Richard C Cc: Subject: RE: cheat sheet Attach: AUMF Briefing TPs and Hard QA 7 16 2019 CLEARED.docx,AUMF Briefing Cheat Sheet.docx Hi Marik- B5 ~--------------------~I SFRChas confirmed 1:30-2:30 PM on Thursday and we are awaiting a final time from HFAC, but it will likely be later that afternoon. Best, B6 I Official - SBU(Deliberative Process) UNCLASSIFIED ; Dorosin, Joshua Thanks, ! II B5 I ~ !(Tomorrow is fine ...) --------------- ~ Marik A J1Ir pv 1/' A 1 ll.J.S. Department of State Case No. F-2019-06548 STATE-19-0648-C-000098 Doc No. C06844819 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844819 Date: 03/09/2020 Official - SBU (Deliberative Process) UNCLASSIFIED From: ~----------~ Sent: Tuesday, July 16, 2019 5:42 PM To: String, Marik Al ICc:I F B6 > r;Dorosin, Joshua L ~---~l_ _ ___J Subject: RE: cheat sheet Marik- B5 Attached please find the one-pager (really a two-pager) that you requested. ~-----------------------~ILet you had in mind or if you want anything else in this vein. us know if this is what Best, B6 Official - SBU (Deliberative Process) UNCLASSIFIED From: String, Marik A ~------~ Sent: Tuesday, July 16, 2019 11:04 AM To: f--------------'-7 Cc: ; Dorosin, Joshua L Subject: cheat sheet B6 Could you also prepare a short 1 pager for the briefing that includes: B5 Thanks, Marik Official - SBU (Deliberative Process) UNCLASSIFIED A I /\ I STATE-19-0648-C-000099 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844819 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844822 Date: 03/09/2020 SENSITIVE BUT UNCLASSIFIED /DRAFT/DELIBERATIVE Briefing with SFRC and HFAC staff on AUMF Issues July 18, 2019 RELEASE IN PART 85 B5 A J1Ir pv 1/' A 1 STATE-19-0648-C-000100 .S. Department of State Case No. F-2019-06548 Doc No. C06844822 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844822 Date: 03/09/2020 SENSITIVE BUT UNCLASSIFIED /DRAFT /DELIBERATIVE 2 A I /\ I STATE-19-0648-C-000101 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844822 Date: 03/09/2020 B5 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844822 Date: 03/09/2020 SENSITIVE BUT UNCLASSIFIED /DRAFT /DELIBERATIVE 85 3 A I /\ I STATE-19-0648-C-000102 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844822 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844822 Date: 03/09/2020 SENSITIVE BUT UNCLASSIFIED /DRAFT /DELIBERATIVE B5 4 A I /\ I STATE-19-0648-C-000103 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844822 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844822 Date: 03/09/2020 SENSITIVE BUT UNCLASSIFIED /DRAFT /DELIBERATIVE BS 5 A I /\ I STATE-19-0648-C-000104 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844822 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844822 Date: 03/09/2020 SENSITIVE BUT UNCLASSIFIED /DRAFT /DELIBERATIVE B5 6 A I /\ I STATE-19-0648-C-000105 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844822 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844822 Date: 03/09/2020 SENSITIVE BUT UNCLASSIFIED /DRAFT /DELIBERATIVE B5 7 A I /\ I STATE-19-0648-C-000106 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844822 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844822 Date: 03/09/2020 SENSITIVE BUT UNCLASSIFIED /DRAFT /DELIBERATIVE B5 8 A I /\ I STATE-19-0648-C-000107 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844822 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844822 Date: 03/09/2020 SENSITIVE BUT UNCLASSIFIED /DRAFT /DELIBERATIVE 85 9 A I /\ I STATE-19-0648-C-000108 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844822 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844822 Date: 03/09/2020 SENSITIVE BUT UNCLASSIFIED /DRAFT /DELIBERATIVE BS 10 A I /\ I STATE-19-0648-C-000109 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844822 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844823 Date: 03/09/2020 SENSITIVE BUT UNCLASSIFIED //DELIBERATIVE FOR INTERNAL DISCUSSION ONLY RELEASE IN PART 85 AUMF Briefing "Cheat Sheet" B5 1 A J1Ir pv 1/' A 1 STATE-19-0648-C-000110 .S. Department of State Case No. F-2019-06548 Doc No. C06844823 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844823 Date: 03/09/2020 SENSITIVE BUT UNCL ASSIFIED //DELIBERA TIVE FOR INTERNAL DISCUSSION ONLY 85 2 A I /\ I STATE-19-0648-C-000111 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844823 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844827 Date: 03/09/2020 RELEASE IN PART B5,B6 B6 From: Sent: Tue, 16 Jul 2019 21:42 :08 +0000 To: String, Marik A Cc: [DECONTROLLED [ D;Dorosin, Joshua L ~---~ ~------~ Subject: RE:cheat sheet Attach: AUMFBriefing Cheat Sheet.docx Marik Attached lease find the one- a er reall a two - a er that B5 ou re uested. Let us now i t at you had in mind or if you want anything else in this vein . Best, B6 Official - SBU (Deliberative Process) UNCLASSIFIED From: String, Marik A ~------~ Sent: Tuesday, July 16, 2019 11:04 AM To:I :=================, Cc: Subject:cheat sheet ; Dorosin, Joshua L Could you also prepare a short 1 pager for the briefing that includes: B5 Thanks, Marik Official - SBU (Deliberative Process) UNCLASSIFIED A J1Ir pv 1/' A 1 STATE-19-0648-C-000112 ll.J.S. Department of State Case No. F-2019-06548 Doc No. C06844827 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844828 Date: 03/09/2020 SENSITIVE BUT UNCLASSIFIED //DELIBERATIVE FOR INTERNAL DISCUSSION ONLY AUMF Briefing "Cheat Sheet" RELEASE IN PART B5 [DECONTROLLED ! B5 1 A J1Ir pv 1/' A 1 STATE-19-0648-C-000113 .S. Department of State Case No. F-2019-06548 Doc No. C06844828 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844828 Date: 03/09/2020 SENSITIVE BUT UNCL ASSIFIED //DELIBERA TIVE FOR INTERNAL DISCUSSION ONLY B5 2 A I /\ I STATE-19-0648-C-000114 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844828 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844829 Date: 03/09/2020 From: Sent: Wed, 17 Jul 2019 16:18:49 +0000 To: Subject: RE: cheat sheet RELEASE IN PART 85,86 [DECONTROLLED J We did . It is here: Letter from the President -- War Powers Resolution TEXT OF A LETTER FROM THE PRESIDENT TO THE SPEAKER OF THE HOUSE OF REPRESEN TATIVES AND THE PRESIDENT PRO TEMPORE OF THE SENATE October 14, 2016 Dear Mr. Speaker: (Dear Mr. President:) On October 12, 2016, at my direction, U.S. Armed Forces conducted missile strikes on radar facilities in Houthi-controlled territory in Yemen. Initial assessments show that the radar facilities were destroyed by the strikes. I directed these strikes in response to anti-ship cruise missile launches perpetrated by Houth i insurgents that threatened U.S. Navy warships in the international waters of the Red Sea on October 9 and October 12. The targeted radar facilities were involved in the October 9 launches and other recent attacks. These limited and proportionate strikes were conducted to protect our personnel and our ships and will preserve our freedom of nav igation in this important maritime passageway . The United States stands ready to take action in self-defense , as necessary and appropriate , to address further threats. I directed these strikes pursuant to my constitutional authority to conduct U.S. foreign relations and as Commander in Chief and Chief Executive. I am providing this report as part of my efforts to keep the Congress fully informed , consistent with the War Powers Resolution (Pub lic Law 93-148). I appreciate the support of the Congress in this action. A J1Ir pv 11" A 1 STATE-19-0648-C-000115 .S. Department of State Case No. F-2019-06548 Doc No. C06844829 Date: 03/09/2020 B6 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844829 Date: 03/09/2020 Sincerely, BARACK OBAMA Official - SBU (Deliberative Process) UNCLASSIFIED From: Sent: Wednesday, July 17, 2019 12:16 PM ~~~-~-------~ To: B6 ~----------~ Subject: RE: cheat sheet B5 Official - SBU (Deliberative Process) UNCLASSIFIED From: ~----------~ Sent: Wednesday, July 17, 2019 11:37 AM To: Dorosin, Joshua L r--------1,- ______ B6 __J . String, Marik Visek, Richard C Cc:~----------------------------~ Subject: RE: cheat sheet B5 Marik, Josh~ Best, B6 Official - SBU (Deliberative Process) UNCLASSIFIED From: Dorosin, Joshua LI Sent: Tuesda Jul 16 2'--""01~9 ~6~:~58~PM ~ ---~ String, Marik A To: B6 isek, Richard C Cc: Subject: RE: cheat sheet ~---------------------------~ - Thanks for the fantastic work on these points. A I /\ I STATE-19-0648-C-000116 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844829 Date: 03/09/2020 B6 B5 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844829 Date: 03/09/2020 85 Official - SBU (Deliberative Process) UNCLASSIFIED 86 From ~-----------~ Sent: Tuesday, July 16, 2019 6:28 PM To: String, Marik Dorosin, Joshua L ~-----~~------~ I Visek, Richard C ~-------~ I Cc:I Suo~Je=c~t:~R~E ~:c=n~e=a~t=sn~e=e~t -----------------------~ Hi Mar ik- 85 SFRChas confirmed 1:30-2:30 PM on ~T~h-ur-s~da_y_a_n_d~w_e_a r_e_a_w_a-it-i n_g_a_f~i n-a~l -ti_m_e~f_ro_m_H-FA_C_,~b-u-t -it_w_i~I I Iikely be later that afternoon. I Best, 86 Official - SBU (Deliberative Process) UNCLASSIFIED From:String, Marik A ~-------~ Sent: Tuesday, July 16, 2019 5:50 PM Cc. 1::~ I Dorosin, Joshua L L__ _______ _J------ u.~Ject:RE:cheat sheet A I /\ I STATE-19-0648-C-000117 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844829 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844829 Date: 03/09/2020 B6 B5 Thanks,! I(Tomorrow is fine ...) I~---------------~ Marik Official - SBU (Deliberative Process) UNCLASSIFIED B6 From: Sent: Tuesday, July 16, 2019 5:42 PM To: String, Marik Al Cc: ~----------~ ,------{__ __________ Dorosin, Joshua ~__J Subject: RE:cheat sheet Ma ri kAttached please find the one-pager (really a two-pager) that you requested. I B5 Best, B6 Official - SBU (Deliberative Process) UNCLASSIFIED From: Stri ng, Ma rik A~-------~ Sent: Tuesday, July 16, 2019 11:04 AM To:I Cc:',-. Subject:cheatsheet ~~~~~------~ I f Dorosin, Joshua L B6 ~------- Amanda, Could you also prepare a short 1 pager fo r the briefing that includes : B5 Thanks, A I /\ I STATE-19-0648-C-000118 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844829 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844829 Date: 03/09/2020 Marik Official - SBU(Deliberative Process) UNCLASSIFIED A I /\ I STATE-19-0648-C-000119 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844829 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844831 Date : 03/09/2020 RELEASE IN PART B6 B6 From: Sent: Fri, 26 Jul 2019 18:03:55 +0000 To: Cc: Subject: RE: Clearance by 7/26 at 12 PM: P SFRCReadout P SFRCIran Hearing Readout {AJW).docx Attach: Edits from Lare attached . Best, I Official UNCLASSIFIED From: ~----------~ Sent: Friday, July 26, 2019 1:19 PM To: f-- --------------------------Cc: ~---~ Subject: RE: Clearance by 7/26 at 12 PM: P SFRCReadout ~-~~ our FO is reviewing now . We will get you edits shortly . L/AN From: ~-------------~ Sent: Thursday, July 25, 2019 5:36 PM To: !--------------~ ----------~ Cc: ~ -----------~ Subject: Clearance by 7/26 at 12 PM: P SFRCReadout Good evening, I have attached a readout from yesterday's SFRChearing with Pon AUMFs pertaining to Iran for your clearance by Friday 7/26 at noon. Thank you! A J1Ir pv 1/' A 1 ll.J.S. Department of State Case No. F-2019-06548 STATE-19-0648-C-000120 Doc No. C06844831 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844831 Date: 03/09/2020 Global and Congressional Affairs NEA /RMA Ext.D Official UNCLASSIFIED A I /\ I STATE-19-0648-C-000121 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844831 Date: 03/09/2020 B6 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844833 Date: 03/09/2020 RELEASE IN PART 85,86 B6 From : Mon, 5 Aug 2019 17:37:41 +0000 Sent: To: d~-------~ Cc: Dorosin, Joshua Subject: RE:Control Number: H20190506=002 -- Mem ber: Levin, Andy -- Date Due: 5/9/2019 I- I have circulated a draft for review I B5 Best, B6 Official UNCLASSIFIED From: >----------------~ Sent: Monda To: Cc: Dorosin, Joshua L>----- -~ ------.< >--------------~ -~ Subject: RE: Control Number : H20190506=002 -- Member : Levin, Andy -- Date Due: 5 9 2019 Importance: High H is requesting the Much . Please advise the status . Thanks B5 From: >---~-~-------~ Sent: Friday. July 26. 2019 1:39 PM To: I k> I Cc: Dorosin, Joshua ~-------~ Subject: Re: Control Number: H20190506=002 -- Member : Levin, Andy -- Date Due: 5/9/2019 B5 Sent from my BlackBerry 10 smartphone. From:~----~ B6 Sent: Frida Jul 26 2019 1:37 PM To: Cc: >-------~ D~o-ro-s~in-, ~Jo - s~h-ua ~ L-~ Sub. "" 1e ::-: c::r::. : ..,,..-:---,..-=: o=n=ro::-rNumber: H20190506=002 -- Member: Levin, Andy -- Date Due: 5/9/2019 Thanks, all -I >-----~ A J1Ir pv 1/' A 1 II will try to hav e a respons e or recommendation for non-r espon se A SAP. STATE-19-0648-C-000122 llJ.S. Department of State Case No. F-2019-06548 Doc No. C06844833 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844833 Date: 03/09/2020 Best, B6 From: ~---------------~ Date: July 26, 2019 at 1:33:57 PM EDT To:I ~ ~---------------,__ Cc:~~---------~----------------~ ~ ___________ Do rosin, Joshua L Subject: RE: Control Number: H20190506=002 -- Member: Levin , Andy -- Date Due: 5/9/2019 Importance: High ~-------~ Ok. The correspondence said reply for signature by A/S Taylor Legislative Affairs with a due date of 5/09/2019; whatever the reason as I've suggested before let me know and I can always go back to H for I an exten sion(s). thanks . I From:I Sent: Frida , Jul 26, 2019 1:21 PM To: ,~-------------~ Cc: ,--------(__ ______ ~ ~ _________________ __J Dorosin, Joshua L er: H20190506=002 -- Member: Levin, Andy -- Date Due: 5/9/2019 I imagine! !would likely take the pen.c=J B5 B6 From: ~-------------~ Sent: Friday, July 26, 2019 1:11 PM Subject: FW: Control Number: H20190506=002 -- Member: Levin, Andy -- Date Due: 5/9/2019 Importance: High l7 c=::::] Who took this over when you left;~-------------------~ Thanks From: Sent: Tuesday, May 7, 2019 12:03 PM ~-----~ To:I~----------,======== I> Cc: Dorosin, Joshua L ~------~ Subject: FW: Control Number: H20190506=002 -- Member: Levin, Andy -- Date Due: 5/9/2019 From: H CCU@state.gov Sent: Tuesday, May 7, 2019 12:00 PM To: H CCTasking-L Cc: Subject: Control Number: H20190506=002 -- Member: Levin, Andy -- Date Due: 5/9/2019 Action has been transferred from NEA to L. New due date: May 10. The following has been reassigned to L A I /\ I STATE-19-0648-C-000123 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844833 Date: 03/09/2020 B5 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844833 Date: 03/09/2020 Control Number: H20190506=002 Date Due: 5/10/2019 Actions: o Reply for signature by Mary Elizabeth Taylor, Assistant Secretary, Legislative Affairs. Member: Levin, Andy Subject: Letter to Secretary Pompeo regarding remarks before the SFRC on April 10, 2019 related to military action in Iran. 2 Day Tasker o For all correspondence that will be signed by the Secretary or other Principal: Please submit a draft response under cover of a joint action memo by H and your Bureau. Please submit the action memo on the classified (high) side to the H Staffers. Also, please advise the CCU on the unclassified (low) side when the action memo has been submitted. o The attached Substantive Correspondence is due in the Congressional Correspondence Unit (CCU) on the due date indicated on the tasker . o Document Requests: All request for DOS documents require an interim response to the Member within 2 days of the official tasker. The interim response acknowledges receipt of the request and advises that a search for the requested information has begun. All responsive documents must be cleared for release by P via action memo. o All Unclassified responses to congressional inquiries should be submitted to the CCU on OpenNet, as a word document, named using the H Control Number (e.g. H20110321=000.docx for substantive or 11002201.docx for constituent). In the case of interim responses use the control number plus interim plus. (e.g. H20110321 =000interim.docx for substantive or 11002201 interim.docx for constituent) o All Classified responses to congressional inquiries should be submitted to CCU on ClassNet to the JLndt;:1skerQ:l),s .tatE~ .s1:iov email box, as a word document, named using the H Control Number (e.g. H20110321 =000.docx for substantive or 11002201.docx for constituent). In the case of interim responses use the control number plus interim plus. (e.g. H20110321 =00Ointerim.docx for substantive or 11002201 interim.docx for constituent) Official UNCLASSIFIED A /\ I STATE-19-0648-C-000124 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844833 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844835 Date: 03/09/2020 RELEASE IN PART 85,86 From: Sent: Wed, 26 Jun 2019 18:00:22 +0000 B6 IDECONTROLLED I To: Cc: Subject: RE: DELIBERATIVE-ATTORNEY ADVICE:: Letter to Mr. String on AUMF Attach: Letter to Engel Deutch re AUMF (Draft 6 26 2019) (revised).docx My suggestion to slightly reorganize. Thanks. Official - SBU UNCLASSIFIED From: ~----------~ Sent: Wednesday, June 26, 2019 1:34 PM To: Cc: e----------------~------------~ Subject: RE: DELIBERATIVE-ATTORNEYADVICE:: Letter to Mr. String on AUMF Pursuant to a brief chat with Josh, here is a revision. Best, I Official - SBU UNCLASSIFIED From: ~---~ Sent: Wednesday, June 26, 2019 1:15 PM To: I Cc:j ~ I SubJect: RE: DELIBERATIVE-ATTORNEYADVICE:: Letter to Mr. String on AUMF B5 B6 And, here is an initial draft . Best, I Official - SBU UNCLASSIFIED From: ~----~ Sent: Wednesday, June 26, 2019 12:48 PM A J1Ir pv 1/' A 1 ll.J.S. Department of State Case No. F-2019-06548 STATE-19-0648-C-000125 Doc No. C06844835 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844835 Date: 03/09/2020 B6 C=7= I spoke with Josh briefly about this B5 I Best , B6 Official UNCLASSIFIED From: Sent: W ~ ed _ n_e_s-da_y_, -Ju_n_e_2_6_ , 2_0_1_9_8-:2_9_A_M__ To:\ - ------- ~C _c---" : I k ~-----~ ~ ~ IDorosin, Joshua L'------------.-' Kovar, Subject: DELIBERATIVE-ATTORNEY ADVICE:: Letter to Mr. String on AUMF B5 As you all know,I Thanks, D B6 From:~~~-------~ > Sent: Wednesday, June 26, 2019 8:14 AM To1 Cc:( I r ~ r;Dorosin, Joshua L c___ ___ ----~ Subject: RE: Letter to Mr. String on AUMF I' m fine with that, but of course defe r tonand Josh B5 I Best, B6 Official UNCLASSIFIED A I /\ I STATE-19-0648-C-000126 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844835 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844835 Date: 03/09/2020 86 From: Sent: Tuesday, June 25, 2019 5:32 PM To: f------------~---~ Cc: Dorosin, Joshua ~--------------~ Subject: RE: Letter to Mr . String on AUMF ~-------~ 85 ? Thank you with your permissio '=n_------------------------~ 86 D From: Sent: Tuesda June 25 2019 4:15 PM To: Fabry, Steven F < Sent: Thursday, July 11, 2019 5:17 PM To:~----------~ > Subject: For review - first draft of AUMF points Hi ? Attached please find a first draft of an affirmative presentation to the SFRCand HFACstaffers n the AUMF, plus hard QAs. Apologies for gett ing this to you on the late side. I am also attaching our letter back to them for your reference, and their incoming letter to us. I D ~. Please let me know your thoughts - happy to discuss by phone if useful, please call anytime ! ~ Best, I Official - SBU UNCLASSIFIED A J1Ir pv 1/' A 1 STATE-19-0648-C-000199 ll.J.S. Department of State Case No. F-2019-06548 Doc No. C06844884 Date: 03/09/2020 B5 B6 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844887 Date: 03/09/2020 RELEASE IN PART 85,86 [DECONTROLLED ] SENSITIVE BUT UNCLASSlFlED /DRAFT /DELIBERA TIVE Briefing with SFRC and HFAC staff on AUMF Issues July 18, 2019 85 85 86 1 A J1Ir pv 1/' A 1 STATE-19-0648-C-000200 ll.J.S. Department of State Case No. F-2019-06548 Doc No. C06844887 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844887 Date: 03/09/2020 SENSITIVE BUT UNCLASSIFIED /DRAFT /DELIBERATIVE 85 2 A I /\ I STATE-19-0648-C-000201 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844887 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844887 Date: 03/09/2020 SENSITIVE BUT UNCLASSIFIED/DRAFT/DELIBERATIVE BS BS B6 A I /\ I STATE-19-0648-C-000202 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844887 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844887 Date: 03/09/2020 B5 SENSITIVE BUT UNCLASSIFIED/DRAFT/DELIBERATIVE B5 B6 0 Jo Ct in w l~ in 4 A I /\ I STATE-19-0648-C-000203 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844887 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844887 Date: 03/09/2020 SENSITIVE BUT UNCLASSIFIED/DRAFT/DELIBERATIVE B5 B5 B6 A I /\ I STATE-19-0648-C-000204 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844887 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844887 Date: 03/09/2020 SENSITIVE BUT UNCLASSIFIED/DRAFT/DELIBERATIVE B5 6 A I /\ I STATE-19-0648-C-000205 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844887 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844887 Date: 03/09/2020 B5 SENSITIVE BUT UNCLASSIFIED/DRAFT/DELIBERATIVE A I /\ I STATE-19-0648-C-000206 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844887 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844887 Date: 03/09/2020 SENSITIVE BUT UNCLASSIFIED/DRAFT/DELIBERATIVE B5 B5 B6 8 A I /\ I STATE-19-0648-C-000207 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844887 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844888 Date: 03/09/2020 RELEASE IN PART B5,B6 B6 From: Fri, 12 Jul 2019 02:26:10 +0000 Sent: IDECONTROLLED J To: Subject: Re: For review - first draft of AUMF po ints B5 B6 Yes that is the point l Sent from my BlackBerry 10 smartphone. From:I I B6 Sent: Thursday, July 11, 2019 7:04 PM To:I I Subject: RE: For review - first draft of AUMF points Hi ? Thanks fo flairn:ing. Just to be sure I under stand,! B5 Many thank s, B6 I I From: ~-----------~ Date: July 11, 2019 at 6:55:33 PM EDT To: I f> Subject: RE: For review - first draft of AUMF point s I-looking at my notes again d A J1Ir pv 1/' A 1 STATE-19-0648-C-000208 .S. Department of State Case No. F-2019-06548 Doc No. C06844888 Date: 03/09/2020 B5 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844888 Date: 03/09/2020 B5 Official - SBU UNCLASSIFIED B6 From: ~----~ Sent: Thursday, July 11. 2019 6:33 PM To:~ I -------~ Subject: RE: For review - first draft of AUMF points this is comprehensive! 1- ,--~ ----~------------------ I B5 rhanks! ----------------------------- ~ iaI - SBU B6 UNCLASSIFIED From: ~----------~ Sent: Thursday, July 11, 2019 5:17 PM To: Sub~je-c-t:_F_o_r-re-v-ie_w_f~ir-st_d _r_a-ft-o~f_A_U_M_F~points HiQ Attached please find a first draft of an affirmative presentation to the SFRCand HFACstaffers n the AUMF, plus hard QAs. Apologies for getting this to you on the late side. I am also attaching our letter back to them for vour reference and their incomine letter to us.I Please let me know your thoughts - happy to discuss by phone if useful, please call anytime I I I B5 I ~- Best. I Official - SBU UNCLASSIFIED A I /\ I STATE-19-0648-C-000209 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844888 Date: 03/09/2020 B6 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844894 Date: 03/09/2020 RELEASE IN PART B5,B6 [DECONTROLLED [ From: B6 Mon, 29 Jul 2019 17:58:54 +0000 Sent: >---- ~ID_o_r_o_s-in-,-Jo_s_h_u_a_L~~----------- To: Cc: I ~ ---~ Subject: RE: Inquiry: Senate debate on AUMF B5 ~----------------------~ ~o back to hirn,~ and let him know that you're looking into his question and that he may want to refer to Marik's testimony (and send the link below). B6 Official UNCLASSIFIED From: > ~~-~-------~ Sent: Monday, July 29, 2019 1:46 PM To: orosin, Joshua L < < Su Ject: RE: Inquiry: Senate debate on AUMF ?The testimony for the record and a video recording of the hearing is available here: https://www.foreign.senate.gov/hearings/reviewing-authorities-for-the-use-of-military-force072419 . He would probably have to ask the Committee for a tran script as we haven't seen one yet . =~---- B6 B5 Best, B6 Official UNCLASSIFIED From: '--c--~-~ ~~~ ~ =~ ~-----~ Sent: Monday, July 29, 2019 1:26 PM ~ f f; Dorosin, Joshua L < Subject: RE: Inquiry: Senate debate on AUMF A J1Ir pv 1/' A 1 STATE-19-0648-C-000210 ll.J.S. Department of State Case No. F-2019-06548 Doc No. C06844894 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844894 Date: 03/09/2020 BS B6 Official - Transitory UNCLASSIFIED From ~----------~ .~=r= r Monday, July 29, 2019 1:11 PM ~L----===========;---~~ f;Dorosin,Joshua LI r> S~ub ~j-ec_t_: R - E-:-ln_q_u-iry~: Senate debate on AUMF B5 I think Marik addressed this question in detail during the hearingj Best, Official - SBU UNCLASSIFIED From: Sent: M ~ o-nd_a_y_, J-u-ly_2_9_, -20_1_9_1_2-:1_1_P_M _____ ~ To: Cc:========================L__ ______________________ ;----=o-o_ro_s---:--in-,---:--Jo~shua L __J Subject: RE: Inquiry: Senate debate on AUMF HI there - The follow up is below, if we have any language. Thank you for your response. I have a follow-up question. In the case Doe v. Mattis, administration lawyers wrote in the filing ECF-46 (Respondent's Factual Return) , page 20, paragraph 36 that "[t]he 2002 Iraq AUMF thus authorizes the use of force both to help establish a stable, democratic Iraq to succeed Saddam Hussein's regime by A I /\ I STATE-19-0648-C-000211 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844894 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844894 Date: 03/09/2020 addressing threats to Iraq, as well as using for to address terrorist threats emanating from Iraq." Is it the position of the Trump administration that the President thus has the authority to use force against any threat to the post-Saddam Hussein order in Iraq , without further congressional approval? If so, when or under what condition does the congressional authorization to "to help establish a stable, democratic Iraq to succeed Saddam Hussein's regime" expire? Thank you again, and I look forwards to your prompt response. Best, Matthew Official - Transitory UN CLASSIFIED B6 From: Sent: Thursday, July 25, 2019 7:27 PM To :::==========================;---------~ Dorosin, Joshua L ______ _________________ Cc ,-----,___ ----,-------" Subject: RE: Inquiry: Senate debate on AUMF CJ We can respond to the reporter as follows: BS Thanks, Office of th e Legal Advise r ~--?S. Department of State BB: E: Official UNCLASSIFIED From: '-c---~,----~~~~~~~~-----~ Sent: Thursday, July 25, 2019 5:20 PM A I /\ I STATE-19-0648-C-000212 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844894 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844894 Date: 03/09/2020 B6 To: Subject: FW: Inquiry: Senate debate on AUMF Colleagues - Is this us? Do we have a response? Thanks! D -----Original Message~----------------~ From: Matthew Petti I Sent: Thursday,July\,,.-25-, -2-0~1 -9-4-:4-6- PmM~ -----~ To: PA Press Duty < PAPressDuty(a!state.gov > Subject: Re: Inquiry: Senate debate on AUMF Hello, I just wanted to reiterate my question from yesterday, and give you a chance to respond before filing. Best, Matthew On 7/24/19 6: 14 PM, Matthew Petti wrote: > Hello, > > > My name is Matthew Petti and I am a reporter at the National Interest > covering the Senate debate over the 2001 and 2002 Authorization for > the Use of Military Force. During a hearing of the Senate Foreign > Relations Committee, Acting Legal Advisor Marik String claimed that > "there has been some recent litigation involving some novel detainee > issues in which we as an administration have asserted three different legal bases: > Article II of the Constitution, the 2001 AUMF, as well as the 2002 > AUMF." Would you be able to tell me which cases he is specifically > referring to? > > > Best, > > Matthew > Official - Transitory UNCLASSIFIED A /\ I STATE-19-0648-C-000213 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06844894 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847792 Date: 03/09/2020 RELEASE IN PART B5,B6 B6 From: Sent: To: Wed, 31 Jul 2019 15:58:28 +0000 lr-n r I CTFD. 1 ,I~-----~ I Cc: Subject: RE: For 3pm Clearance B5 Official UNCLASSIFIED From=~--------- - ~ B6 Sent: Wednesday, July 31, 2019 11:57 AM To~ In CTFD Cc: Subject: RE: For 3pm Clearance All- B5 Best, B6 A J1Ir pv 11" A 1 STATE-19-0648-C-000214 .S. Department of State Case No. F-2019-06548 Doc No. C06847792 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847792 Date: 03/09/2020 Official UNCLASSIFIED B6 From:~----------~ Sent: Wednesday, July 31, 2019 11:53 AM To:I CT CTFD;I Cc: Subject: RE: For 3pm Clearance See attached with a few small changes to wording. Official UNCLASSIFIED From:~----------~ Sent: Wednesday, July 31, 2019 11:43 AM To:I lcr CTFD:I cd Subject: For 3pm Clearance Importance: High Colleagues, Attached is an al-Qa'ida-focused QFR that came out of U/S Hale's appearance at last week's AUMF hearing. In the meantime, we would ask for your clearance to this draft by 3pm today (July31). B5 Many thanks, C Senior Counterterrorism Strategist A I /\ I STATE-19-0648-C-000215 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847792 Date: 03/09/2020 B6 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847792 Date: 03/09/2020 Bureau of Counterterrorism U.S. Department of State Direct! I Secure Mobi!el A I /\ I L I STATE-19-0648-C-000216 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847792 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847794 Date: 03/09/2020 RELEASE IN PART B6 B6 From: Sent: To: Wed, 31 Jul 2019 15:53:00 +0000 I ICTCTFDj I Cc: Subject: RE: For 3pm Clearance Attach: Markey QFR3 AQ Iran ju ly 31am_jv.docx See attached with a few small changes to wo rding . Official UNCLASSIFIED From: ~----------~ Sent: Wednesday, July 31, 2019 11:43 AM -r- I I CT CTFD; I cc:I Subject: For 3pm Clearance Importance: High Colleagues, Attached is an al-Qa'ida -focused QFR that came out of U/5 Hale's appearance at last week's AUMF hearing In the meantime, we would ask for your clearance to this draft by 3pm today (July 31). B5 Many thanks, n B6 Senior Counterterrorism Strategist Bureau of Counterterrorism U.S. Department of State Direct I Secur~~----~ A J1Ir pv 11" A 1 I . STATE-19-0648-C-000217 ll.J.S. Department of State Case No. F-2019-06548 Doc No. C06847794 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847794 Date: 03/09/2020 Mobile A I /\ I STATE-19-0648-C-000218 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847794 Date: 03/09/2020 B6 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847829 Date: 03/09/2020 RELEASE IN PART B5,B6 UNCLASS IFIED Questions for the Record Submitted to Under Secretary for Political Affairs David Hale by Senator Ed Markey (#3 of 4) Senate Foreign Relations Committee July 24, 2019 Question 1#3 of 4t: Are al-Qa'ida operatives currently planning attacks against the United States from Iranian territory? Have they done so from Iranian territory in the past? Please elaborate on any affirmative answer. Answer: B5 UNCLASSIF IED A J1Ir pv 1/' A 1 STATE-19-0648-C-000219 ll.J.S. Department of State Case No. F-2019-06548 Doc No. C06847829 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847829 Date: 03/09/2020 UNCLASSIFIED -2- 85 86 Approved: Drafted: Cleared: UNCLASSIFIED A I /\ I STATE-19-0648-C-000220 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847829 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847833 Date: 03/09/2020 RT ~~LK;;;I"\~~ II" rl"\ B5,B6 B6 From: Sent: To: Wed, 31 Jul 2019 15:47:52 +0000 k:T CTFD;I Cc: Subject: RE: For 3pm Clearance Attach: Markey QFR 3 AQ Iran ju ly 31am.docx J u st som e sm all edit s Official UNCLASSIFIED From:~------- - ~ -~ Sent: Wednesday , July 31, 2019 11:43 AM To: I I I CT CTFD; I I Cc:I I I Subject: For 3pm Clearance Importance: High Colleagues, Attached is an al-Qa'ida-focused QFR that came out of U/S Hale's appearance at last week's AUMF hearing . ~ --------------------your clearance to this draft by 3pm today (July 31). ~ B5 In the meantime, we would ask for Many thanks, C B6 Senior CounterterrorismStrategist Bureau of Counterterrorism U.S. Department of State Dire, . Secur A J1Ir pv 1/' A 1 STATE-19-0648-C-000221 ll.J.S. Department of State Case No. F-2019-06548 Doc No. C06847833 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847833 Date: 03/09/2020 Mobile A I /\ j I STATE-19-0648-C-000222 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847833 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847858 Date: 03/09/2020 UNCLASSIFIED Questions for the Record Submitted to Under Secretary for Political Affairs David Hale by Senator Ed Markey (#3 of 4) Senate Foreign Relations Committee July 24, 2019 RELEASE IN PART B5,B6 Question f#3;-0f4t : Are al-Qa'ida operatives cunently planning attacks against the United States from Iranian tenitory? Have they done so from Iranian tenitory in the past? Please elaborate on any affinnativ e answer. Answer: B5 A J1Ir pv UNCLASSIFIED 1/' A 1 STATE-19-0648-C-000223 ll.J.S. Department of State Case No. F-2019-06548 Doc No. C06847858 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847858 Date: 03/09/2020 UNCLASSIFIED -2- B5 B6 Approved: Drafted: Cleared: UNCLASSIFIED A I /\ I STATE-19-0648-C-000224 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847858 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847866 Date: 03/09/2020 RELEASE IN PART B5,B6 From: B6 Wed, 31 Jul 2019 18:14:18 +0000 Sent: To: lcr crrn;I I Cc: Subject: RE: For 3pm Clearance CTFD clears , thanks! Official UNCLASSIFIED From:~------------~ Sent: Wednesdav Julv 31 2019 12:19 PM To: I ICT CTFD . I I I I Subject: RE: For 3pm Clearance B5 Thanks! I B6 I From: Sent: Wednesday, July 31, 2019 12:07 PM ~ ---------- ~ To:I I CT CTFD ;I Cc:I I I I Subject: RE: For 3pm Clearance B5 B6 A J1Ir pv 1/' A 1 STATE-19-0648-C-000225 .S. Department of State Case No. F-2019-06548 Doc No. C06847866 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847866 Date: 03/09/2020 Best, 86 Official UNCLASSIFIED From: ~----------~ Sent: Wednesday, July 31, 2019 12:06 PM To.I ICTCTFD ; I Cc:I Subject: RE: For 3pm Clearance Thanks, ~-~ 85 86 86 From ~-----------~ Sent:We d nesdav Ju1v31 2019 11:57 AM To:I ICTCTFD J I ccj I I I Subject: RE: For 3pm Clearance All- A I /\ I STATE-19-0648-C-000226 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847866 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847866 Date: 03/09/2020 BS Best, B6 Official UNCLASSIFIED From: ~----------~ Sent: Wednesday, July 31, 2019 11:53 AM To:I CT CTFD . I eel Subject: RE: For 3pm Clearance See attached with a few small changes to wording. Official UNCLASSIFIED From: -----------Sent: Wednesday, July 31, 2019 11:43 AM To:I I CT CTFD :I \..C:1 I A I /\ I I I STATE-19-0648-C-000227 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847866 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847866 Date: 03/09/2020 86 Subject:For 3pm Clearance Importance:High Colleagues, Attached is an al-Qa'ida-focused QFRthat came out of U/S Hale's appearance at last week's AUMF hearing. ~---------------------~ your clearance to this draft by 3pm today (July31). 85 In the meantime, we would ask for Many thanks, C Senior Counterterrorism Strategist Bureau of Counterterrorism U.S. Department of State Direct ',---------'--, Secure \==c==---~ Mobile A I /\ I STATE-19-0648-C-000228 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847866 Date: 03/09/2020 86 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847869 Date: 03/09/2020 RELEASE IN PART B5,B6 B6 From: Mon. 22 Jul 2019 13:17:46 +0000 Sent: To: Subject: RE: FORCLEARANCE : Iran Q&A for P Iran QA for P - July 19 (AJW)(MJ).docx Attach: One edit from me on top of Thanks , Official UNCLASSIFIED From:~ Sent: onday , July 22, 2019 8:55 AM Toj Subject: RE: FOR CLEARANCE: Iran Q&A for P OK for me. Best, D E'' From ~----------~ Monday , July 22, 2019 8:14 AM Subject: RE: FOR CLEARANCE: Iran Q&A for P Hi ~I~I Just one proposed edit from me . Best, I Official UNCLASSIFIED A J1Ir pv 1/' A 1 STATE-19-0648-C-000229 .S. Department of State Case No. F-2019-06548 Doc No. C06847869 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847869 Date: 03/09/2020 From 86 ~------------~ Sent: Sunday, July 21, 2019 4:15 PM To:I Subject: RE: FOR CLEARANCE:Iran Q&A for P Hi all I have flagged one section tori 85 pnd one for ~--------------------~ you are able to loo k today I would appreciate it . Thanks Since this is due back ear ly tomorrow if 86 Official UNCLASSIFIED From: ~--------------~ Sent: Frida Jul 19 2019 7:47 PM To: SIAG_Clearance NEA-ARP-DL Cc: NEA-IRAN-DL Subject: FOR CLEARANCE:Iran Q&A for P ~------~ Hi all - Can we get your clearance on the attached Iran Q&A by 9am on Monday morning? It's for P's Hill briefing. Thanks, External Team Chief Office of Iranian Affairs A I /\ I STATE-19-0648-C-000230 UNCLASSI FIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847869 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847877 Date: 03/09/2020 UNCLASSIFIED Iran O&A for P/Hale RELEASE IN PART 85,86 Q:j B5 A: B5 0..11?_ Q: B5 A: A J1Ir pv UNCLASSIFIE D 1/' A 1 STATE-19-0648-C-000231 .S. Department of State Case No. F-2019-06548 Doc No. C06847877 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847877 Date: 03/09/2020 UNCLASSIFIED -2- QJfl_ B5 Q: A: B5 QJiJ! B5 Q: A: Qii2 Q= A: B5 I L_~------------------------------J UNCLASSIFIED A I /\ I STATE-19-0648-C-000232 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847877 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847877 Date: 03/09/2020 UNCLASSIFIED -3- B5 Q.fil B5 Q=I A: ~---,------------------------------______., Q.lli B5 Q=L_----,-------------------------o----------J A: I Qfil B5 Q: A: Qlli B5 A: UNCLASSIFIED A I /\ I STATE-19-0648-C-000233 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847877 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847877 Date: 03/09/2020 UNCLASSIFIED -4- B5 0# 15 B5 Q: A: 0#16 B5 Q: A: UNCLASSIFIED A I /\ I STATE-19-0648-C-000234 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847877 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847877 Date: 03/09/2020 UNCLASSIFIED -5- B5 QJill_ B5 Q: A: ~------------------------------, Q1t.1!! B5 Q: A: B5 B6 UNCLASSIFIED A I /\ I STATE-19-0648-C-000235 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847877 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847877 Date: 03/09/2020 UNCLASSIFIED -6- 85 Q1Ll1 85 Q=I A: '----r------------------------------\ 85 86 .illLM UNCLASSIFIED A I /\ I STATE-19-0648-C-000236 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847877 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847877 Date: 03/09/2020 UNCLASSIFIED -7- B5 Q: A: B5 ~ B5 Q=1 A: L__~----------------------------1 Q.JtJ& Q= I A: ~~---------------------------, UNCLASSIFIED A I /\ I STATE-19-0648-C-000237 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847877 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847877 Date: 03/09/2020 UNCLASSIFIED -8- 0#28 B5 Q: A:~-;===================================; UNCLASSIFIED A I /\ I STATE-19-0648-C-000238 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847877 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847877 Date: 03/09/2020 UNCLASSIFIED -9- B5 B6 Approved: Drafted: Cleared: UNCLASSIFIED A I /\ I STATE-19-0648-C-000239 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847877 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847882 Date: 03/09/2020 [RELEASE IN PART 85,86 ] B6 From: Sent: Mon, 22 Jul 2019 14:25:59 +0000 To: Subject: RE: FORCLEARANCE : Iran Q&A for P Attach: Iran QA for P - July 19 (AJW)(MJ).docx A few additional things attached. Thanks j~ - ~ From: ~--------------~ Sent: Monday, July 22, 2019 9:18 AM To Subject: RE: FOR CLEARANCE:Iran Q&A for P One edit from me on top of Thanks, Official UNCLASSIFIED From:~----------------------------~ Sent: Monday, July 22, 2019 8:55 AM To ~ Subject: RE: FOR CLEARANCE:Iran Q&A for P OK for me . Best , D From: ~----------~ Sent: Monday, July 22, 2019 8:14 AM To: Subject: RE: FOR CLEARANCE:Iran Q&A for P Hi A J1Ir pv 1/' A 1 STATE-19-0648-C-000240 .S. Department of State Case No. F-2019-06548 Doc No. C06847882 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847882 Date: 03/09/2020 Just one proposed edit from me. Best, B6 Official UNCLASSIFIED From Sent : Sunday, July 21, 2019 4 :15 PM ~------------~ To: Subject: RE: FORCLEARANCE:Iran Q&A for P ~H _ i_a_l l_-_l_h_a_ve _ fl _: ag=-=g'-e _d_o_n_e_se _c_t_ io_n_ fo_ ~ --==== '---1a_n_ d _o_n_ e _fo_l__ ,_l I I Since this is due back early tomorrow if ~--------------------~ you are able to look today I would appreciate it. Thanks B5 B6 Official UNCLASSIFIED From: ~-------------~ Sent: Friday, July 19, 2019 7:47 PM To: ~------------- SIAG Clearance ~ ----------------~ ~ Cc: NEA-IRAN-DL Subject: FORCLEARANCE : Iran Q&A for P Hi all - Can we get your clearance on the attached Iran Q&A by 9am on Monday morning? It's for P's Hill briefing. Thanks, External Team Chief Office of Iranian Affairs A I /\ I STATE-19-0648-C-000241 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847882 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847890 Date: 03/09/2020 RELEASE IN PART B5,B6 UNCLASSIFIED Iran O& A for P/Hal e QM B5 Q: A: B5 Q: B5 A: UNCLASSIFIED A J1Ir pv 1/' A 1 STATE-19-0648-C-000242 .S. Department of State Case No. F-2019-06548 Doc No. C06847890 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847890 Date: 03/09/2020 UNCLASSIFIED -2- QJfl_ BS Q: A: B5 QJiJ! B5 A: Qii2 B5 Q=I A: L______,------------------------------------, UNCLASSIFIED A I /\ I STATE-19-0648-C-000243 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847890 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847890 Date: 03/09/2020 UNCLASSIFIED -3- B5 Q.fil B5 Q=I A: ~~---------------------------_, Q.lli B5 Q=L_-r--------------------------,__...J A: I Qfil B5 Q: A: Qlli B5 Q: . A: UNCLASSIFIED A I /\ I STATE-19-0648-C-000244 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847890 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847890 Date: 03/09/2020 UNCLASSIFIED -4- 85 0# 15 85 A: 0#16 85 Q: A: ~,---------------------------------------, UNCLASSIFIED A I /\ I STATE-19-0648-C-000245 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847890 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847890 Date: 03/09/2020 UNCLASSIFIED B5 QJill_ B5 Q=i A: '-,---------------------------a QJLl.!! Q: B5 B5 B6 A: UNCLASSIFIED A I /\ I STATE-19-0648-C-000246 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847890 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847890 Date: 03/09/2020 UNCLASSIFIED -6- 85 Q1U1 85 Q=1 A: ~~~~~~~~~~~~~~~~~~~~~~~~ 85 86 Q.!M UNCLASSIFIED A I /\ I STATE-19-0648-C-000247 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847890 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847890 Date: 03/09/2020 UNCLASSIFIED -7- B5 Q: A: B5 ~ B5 Q=i A: '------F---------------------~ Q.JtJ& Q=i A: L_______r--------------------------"", UNCLASSIFIED A I /\ I STATE-19-0648-C-000248 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847890 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847890 Date: 03/09/2020 UNCLASSIFIED -8- 0#28 Q: A: B5 UNCLASSIFIED A I /\ I STATE-19-0648-C-000249 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847890 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847890 Date: 03/09/2020 UNCLASSIFIED -9- B5 B6 Approved: Drafted: Cleared: UNCLASSIFIED A I /\ I STATE-19-0648-C-000250 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847890 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847902 Date: 03/09/2020 RELEASE IN PART 85,86 B6 From: Wed, 14 Aug 2019 16:34:51 +0000 Sent: To: Dorosin, Joshua L Cc: Subject: RE: For clearance - Letter to Congressman Lieu Importance: II ~ High after Josh approves if this is the last needed approval please forward back to me so I can or the final and send to H. thanksj ] From= ~-----------~ B6 Sent: Wednesday, August 14, 2019 12:29 PM To: Dorosin, Joshua L Cc: Subject: RE: For clearance - Letter to Congressman Lieu Josh Just following up on this letter for your clearance . Many thanks, I I Official UNCLASSIFIED From:~-----~ Sent: Monday, August 12, 2019 9:30 AM To: Dorosin, Joshua L Cc: Subject: For clearance - Letter to Congressman Lieu Josh -Attached for your clearance is a letter to Congressman Lieu following up on his request fo r more information about the link between AQ and Iran, for purposes of AUMF interpretation. I B5 Let me know if you have any questions. Best, B6 A J1Ir pv 1/' A 1 STATE-19-0648-C-000251 ll.J.S. Department of State Case No. F-2019-06548 Doc No. C06847902 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847902 Date: 03/09/2020 Official UNCLASSIFIED A I /\ I STATE-19-0648-C-000252 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847902 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847904 Date: 03/09/2020 RELEASE IN PART B5,B6 B6 From: Sent: Tue, 13 Aug 2019 22:29:38 +0000 To: Subject: RE: For clearance - Letter to Congressman Lieu I- is this OBE? ~-~ Official UNCLASSIFIED From:~-----------~ B6 Sent: Monday, August 12, 2019 9:30 AM To: Dorosin, Joshua LI Cc:I Subject: For clearance - Letter to Congressman Lieu Josh -Attached for your clearance is a letter to Congressman Lieu following up on his request fo r more information about the link between AQ and Iran, for purposes of AUMF interpretation. I B5 Let me know if you have any questions. Best, B6 I Official UNCLASSIFIED A J1Ir pv 11" A 1 STATE-19-0648-C-000253 ll.J.S. Department of State Case No. F-2019-06548 Doc No. C06847904 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847906 Date: 03/09/2020 RELEASE IN PART B5,B6 B6 From: Fri, 16 Aug 2019 14:52:50 +0000 Sent: To: Subject: RE: For clearance - Letter to Congressman Lieu Importance: High I thanks for the follow-up . Thanks.~-----~ ~-~ From: ~ ----------Sent: Friday, August 16, 2019 10:52 AM ~ To: Dorosin, Joshua LI Cc:I Subject: RE: For clearance - Letter to Congressman Lieu Josh - I just wanted to follow up to see if you might be able to clear this letter today, or let me know if you'd like0 o clear it in your place. Many thanks, Official UNCLASSIFIED From: ~----~ Sent: Monday, August 12, 2019 9:30 AM To: Dorosin, Joshua LI Cc:I Subject: For clearance - Letter to Congressman Lieu Josh -Attached for your clearance is a letter to Congressman Lieu following up on his request for more information about the link between AQ and Iran, for purposes of AUMF interpretation. I B5 Let me know if you have any questions. Best, B6 Official UNCLASSIFIED A J1Ir pv 1/' A 1 STATE-19-0648-C-000254 ll.J.S. Department of State Case No. F-2019-06548 Doc No. C06847906 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847912 Date: 03/09/2020 RELEASE IN PART B5,B6 B6 From: Sent: Fri, 21 Jun 2019 19:07:57 +0000 To: Subject: RE: For clearance ASAP- AUMF QFRs .NEA-IRAN-DL Clear for NEA/IR Official UNCLASSIFIED From: ~----------~ Sent: Friday, June 21, 2019 3:05 PM To:i I I NEA-IRAN-Dl Subject: RE: For clearance ASAP - AUMF QFRs NEA asked L to take this one , but adding them here to clear as well! Best, Official UNCLASSIFIED From: ~-------------~ Sent: Friday, June 21, 2019 2:56 PM To: Subject: RE: For clearance ASAP - AUMF QFRs Has N EA cleared? Official UNCLASSIFIED From: ~~----------~ Sent: Friday, June 21, 2019 2:55 PM To: Subject: For clearance ASAP - AUMF QFRs -Attached for our clearance are two QFRs re : the AUMFs and their a Iran . Best, A J1Ir pv 11" A 1 STATE-19-0648-C-000255 ll.J.S. Department of State Case No. F-2019-06548 Doc No. C06847912 Date: 03/09/2020 B6 B5 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847912 Date: 03/09/2020 86 Official UNCLASSIFIED A I /\ I STATE-19-0648-C-000256 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847912 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847916 Date: 03/09/2020 RELEASE IN PART B5,B6 B6 From: Fri, 19 Jul 2019 16:10:16 +0000 Sent: [DECONTROLLED J To: Cc: Subject: Re: For clearance by 1 PM - SFRCtestimony for Marik String B6 I B5 I will be hap~y to review I J ~---------- B6 Sent from my iPhone On Jul 19, 2019, at 11:40 AM B6 wrote : . ~----------------~ Glad there is a little breathing room on the Q&A. B6 B5 B6 Thanks! B6 Member, PolicyPlanningStaff (S/P) Official - SBU UNCLASSIFIED From:~ __________ Sent: Friday, July 19, 2019 11:36 AM To: Cc:~----- ----~-~ __, - -~ Subject: RE: For clearance by 1 PM - SFRCtestimony fo r Marik String P ~I B5 i===========~ ------------~ B6 ~or clearance by Monday mid-day. Best, B6 Official - SBU UNCLASSIFIED A J1Ir pv 1/' A 1 STATE-19-0648-C-000257 .S. Department of State Case No. F-2019-06548 Doc No. C06847916 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847916 Date: 03/09/2020 From: ~---------------~ Sent: Friday, July 19, 2019 11:27 AM B6 To:I Cc:~----------------~ Subject: RE: For clearance by 1 PM - SFRCtestimony for Marik String Clear for S/P. B5 B6 Member, Policy Planning Staff (S/P) Official - SBU UNCLASSIFIED From:~-----------~ Sent: Friday, July 19, 2019 8:50 AM To: NEA-IRAN-DL; SIAG Clearance ;~-----------~ CT_StaffAssistants ; PM-AS-Staff-Assistants-DL ; D/AF-1O Duty Officer 6 ; Cc: Subject: For clearance by 1 PM - SFRCtestimony for Marik String ~---------------~ All - On Wednesday, Acting Legal Adviser Marik String will testify before the SFRCon AUMF issues. ~------------------------~ B5 Best, B6 Official - SBU UNCLASSIFIED A I /\ I STATE-19-0648-C-000258 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847916 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847925 RELEASE IN PART B5,B6 From: Sent: To: Date : 03/09/2020 B6 Fri, 19 Jul 2019 14:36:06 +0000 .NEA-IRAN-DL.SIAG Clearance '.~-~ IDECONTROLLEDI ,.'=====;--~, I I StaffAssistants;PM-AS-Staff-Assistants-DL;D/AF- 1O Duty Officer I ICT Cc: Subject: RE: For clearance by 1 PM - SFRCtestimony for Ma rik String Clear for NEA/IR Official - SBU UNCLASSIFIED From:~-----------~ Sent: Friday, July 19, 2019 8:50 AM To: NEA-IRAN-DL ; SIAG_Clearance ;c=J CT_Staff Assistants ; PM-AS-Staff~---------~ Assistants -DL ; D/AF-1O Duty Officer 6 ; I B6 Cc: ~---------------~ Subject: For clearance by 1 PM - SFRCtestimony for Marik String All - On Wednesday, Acting Legal Adviser Marik String will testify before the SFRCon AUMF issues. B5 Best, B6 Official - SBU UNCLASSIFIED A J1Ir pv 1/' A 1 ll.J.S. Department of State Case No. F-2019-06548 STATE-19-0648-C-000259 Doc No. C06847925 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847927 Date : 03/09/2020 RELEASE IN PART 85,86 B6 From: Sent: To: [DECONTROLLED [ Fri, 19 Jul 2019 22:44:54 +0000 ,---- N EA-IRAN-DL;SIAG_ Clea ranee~-~ CT StaffAssistants;PM-AS-Staff-Assistants-DL;D/AF- 1O Duty Officer -,-----~ 6 Cc: Subject: RE: For clearance by 1 PM - SFRCtestimony for Ma rik String Attach: String SFRCAUMF Testimony 7 19 2019.docx Apologies for the delay, please see the attached cleared by acting DAS David Muni z. Thanks, D Official - SBU UNCLASSIFIED From: ~-----------~ Sent: Friday, July 19, 2019 8:50 AM To: NEA-1RAN-DL ; SIAG_ Clea ranee ; PM-AS-Staff~---------~ Assistants-DL ; D/AF-1O Duty Officer 6 I Cc:~ I ------------~ Subject: For clearance by 1 PM - SFRCtestimony for Marik String All - On Wednesday, Acting Legal Adviser Marik String will testify before the SFRCon AUMF issues. B5 Best, B6 Official - SBU UNCLASSIFIED A J1Ir pv 11" A 1 ll.J.S. Department of State Case No. F-2019-06548 STATE-19-0648-C-000260 Doc No. C06847927 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847944 Date: 03/09/2020 RELEASE IN PART 85,86 B6 From: Sent: Fri, 19 Jul 2019 22:02:28 +0000 To: Subject: RE: For clearance by 1 PM - SFRCtestimony for Marik String Hi ~I--~I [DECONTROLLED ! where in the process is this now? Best, !~- Official - SBU UNCLASSIFIED From~----------~ Sent: Friday, July 19, 2019 8:50 AM To: NEA-IRAN-DL ; SIAG_Clearance ; ~ I -~ CT_Staff Assistants ; PM-AS-Staff~--------Assistants-DL . D AF-1ODut Officer 6 Cc:~---------------~ Subject: For clearance by 1 PM - SFRCtestimony for Marik String All - On Wednesdav, Acting Legal Adviser Marik String will testify before the SFRCon AUMF issues. B5 Best, B6 Official - SBU UNCLASSIFIED A J1Ir pv 1/' A 1 STATE-19-0648-C-000261 ll.J.S. Department of State Case No. F-2019-06548 Doc No. C06847944 Date: 03/09/2020 UNCLASSIFIED U.S . Department of State Case No. F-2019-06548 Doc No. C06847947 Date : 03/09/2020 RELEASE IN PART B5,B6 B6 From: Sent: To: Sat, 20 Jul 2019 00:42:13 +0000 I I 1- -- [DECONTROLLED] ~NEA-IRAN-DL;SIAG_Clearance; c=J ---,--lc_T_S _t_af-f A - s-s-is-ta_n_t_s;_P_M__-A-S-S~ taff -Assista nts-D L;D/AF- IO Duty Officer Cc: Subject: RE: For clearance by 1 PM - SFRCtestimony for Ma rik String Attach: String SFRCAUMF Testimony 7 19 2019 SIAG.docx Clear for SIAG with attached edits . Official - SBU UNCLASSIFIED B6 From=~----------Sent: Friday, July 19, 2019 6:45 PM - -- - ~ To: NEA-IRAN-DL; SIAG_Clearance ~-----------~ CT StaffAssistants ; PM-AS-Staff-Assistants-DL ; D AF-1ODut Officer 6 . Cc: ~---~~--~-------~__, Subject: RE: For clearance by 1 PM - SFRCtestimony for Marik String Apologie s for the delay, please see the att ached cleared by acting DAS David Muniz . Thanks, D Official - SBU UNCLASSIFIED From:~-------------' Sent: Friday, July 19, 2019 8:50 AM To: NEA-IRAN-DL; SIAG_Clearance ;~-~ ~---------~ CT_Staff Assistants ; PM-AS-StaffAssistants-DL ; D/ AF-1ODuty Officer 6 ; A J1Ir pv 11" A 1 ll.J.S. Department of State Case No. F-2019-06548 STATE-19-0648-C-000262 Doc No . C06847947 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847947 Date: 03/09/2020 Cc: Subject:For clearance by 1 PM - SFRCtest imony for Marik String B6 ~-------------------~ All - On Wednesday , Acting Legal Adviser Marik String will testify befo re the SFRCon AUMF issues. B5 Best, B6 Official - SBU UNCLASSIFIED A I /\ I STATE-19-0648-C-000263 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847947 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847977 Date : 03/09/2020 RELEASE IN PART 86 From: [DECONTROLLED ] Sent: To: Mon, 5 Aug 2019 15:57:32 +0000 PM-AS-StaffA;P/AF Duty ,-- ~ ---:-:------------=-::------;==:::.._~ .:....:.:_....::......:. ~ ~ ;SCCI_Duty_Officer;WHAStaffers ~-----~ DRL- ~----=================,--~ Assistants-DL ,:..::... --=---===== Officer; ~----~ PPD-Congressional Subject: RE: For clearance by COB - QFRsfor Marik String Attach: String Menendez QFRS8 5 2019 (drlnea).docx An addition from DRL in the attached . rok - edits) l(ok) ~------~ From:~-----------Sent: Monday, August 5, 2019 11 :55 AM To:I I IPM-AS-Staff-Assistants - DL ; ] I ~~ \----------~------------- ~----- I -,-----' I IP/ AF Duty Officer ; ~ SCCI Duty Officer ; WHAStaffers ~-------~ IDRL-PPD-Congressional ; I PPD-Congressional@state.gov> Subject: RE: For clearance by COB - QFRs for Marik String /---------~ Clear for NEA/IR Official - SBU UNCLASSIFIED From:~----------~ Sent: Monday , August 5, 2019 8:49 AM To:I I PM-AS-Staff-Assistants-DL . I I I IP/AF Duty Officer ; I I ] SCCI Duty Officer ; WHAStaffers ~-------~ ;I I DRL- PPD-Congressional Subject: For clearance by COB - QFRs for Mari k String 1-----------.J---j A J1Ir pv 1/' A 1 STATE-19-0648-C-000264 ll.J.S. Department of State Case No. F-2019-06548 Doc No. C06847977 Date: 03/09/2020 B6 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847977 Date: 03/09/2020 All -Attached for your clearance are two sets of QFRsfor Act ing Legal Adviser Mar ik String, from Senators Menendez and Kaine, largely relating to AUMF issues (w ith a sprinkling of other issues thrown in) . Please send any edits or clearance by COB today . o o o o o PM colleagues - Please review all Kaine QFRsand Menedez Qsl-13 . NEA and CT colleagues- I have flagged Question 6(a) in the Menendez QFRsfor your particular input, but please review all Kaine QFRsand all Menendez QFRsexcept Qs14-23. S/CCI- You on ly need to review Menendez Q7. WHA- You only need to review Menendez Qs14-23. DRL- You only need to review Menendez Q24. Many thanks, B6 Official - SBU UNCLASSIFIED A I /\ I STATE-19-0648-C-000265 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847977 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 1) U.S. Senate Committee on Foreign Relations July 24, 2019 RELEASE IN PART B5,B6 Question 1: Do you believe that the administration has any legal authorization to use military force against Iran beyond self-defense of U.S . Armed Forces and personnel in the region ? What authorization provid es such a justification? Will you commit to seeking Congressional authorization for any other military action against Iran? Answer 1: B5 A J1Ir pv 1/' A 1 STATE-19-0648-C-000266 ll.J.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 2) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 2: Do you think it is necessary for Congress to pass a new AUMF in order for this administration to enter into military conflict with Iran? Answer 2: B5 2 A I /\ I STATE-19-0648-C-000267 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 3) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 3: In June of this year, the president asserted that he ordered- then called off- a strike on Iran in response to the shooting down of an American aerial unmanned vehicle. He publicly stated that he called off the attack because he didn't see it as "proportionate". a. Under what authority did the legal advisor determine the President was able to order this strike? b. Was there concunence between the State Department, the Defense Department, and the DOJ Office of Legal Counsel? c. Was there a written opinion? d. Would the AUMF apply to the shooting down of an unmanned vehicle? Answer 3: B5 3 A I /\ I STATE-19-0648-C-000268 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 4) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 4: If you believe that the President has sufficient legal authority to engage in combat with Iran, what are the limits of such authority in terms of what types of military operations he can conduct? For example, would he be able to order airstrikes against targets in or around Tehran that were not involved in any direct attack on U.S. persons , property, or military forces? On Iranian nuclear-related sites? Answer 4: B5 4 A I /\ I STATE-19-0648-C-000269 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 5) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 5: The 2001 AUMF has operated as the legal justification for myriad conflicts over the past seventeen years. Originally intended to target those responsible for the September 11 terrorist attacks, it is now used as a veritable blank check to prosecute combat operations around the globe. a. How does the 2001 AUMF apply to current combat operations in Middle East? b. How has the "associated forces" clause in the 2001 AUMF affected our ability to properly target enemies and combat ten-orism? c. What limitations to do you see on the Administration's assertion that the 2001 AUMF authorizes the United States to act in self-defense of partner forces? What if such "selfdefense" actions risked hostilities between the United States and another country (e.g. Turkey, Russia, or Syria) - would the Administration view such "self-defense" as authorized by the 2001 AUMF? Answer 5: 85 5 A I /\ I STATE-19-0648-C-000270 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 B5 6 A I /\ I STATE-19-0648-C-000271 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 6) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 6: One of the key concerns that many in this body have noted about the 2001 AUMF is its lack ofa sunset provision that would provide a definitive end date for combat operations. a. ~ow do you think the lack of sunset provision in the 2001 AUMF has affected U.S. combat operations? How has it affected other nation's perception of U.S. combat operations?] B5 B6 b. Do you believe such sunset provisions are beneficial to an AUMF? Answer 6: B5 7 A /\ I STATE-19-0648-C-000272 UNCLASSI FIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 7) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 7: National Security Advisor John Bolton stated in June that the U.S. is expanding offensive cyber operations in order to counter digital economic espionage and other commercial issues. These comments followed on the continued empowering of the executive branch, whether via the Cyber Strategy or new National Security Presidential Memorandum 13, to prosecute offensive cyber operations in order to "defend forward." However, these operations put forth the question of what actions require Congressional approval. a. Please describe the types of cyber operations that the Administration would anticipate reporting pursuant to section 4 of the War Powers Resolution . b. Does the United States currently rely on either the 2001 or 2002 AUMFs as a statutory basis for cyber operations? c. What types of operations you believe require congressional authorization, and which ones do you believe fall below such a threshold? d. Do the operations that the U.S. is conducting to stop economic espionage in the digital domain require an authorization , in your estimation? e. What kinds of limits should a cyber AUMF place on US actions in the digital domain? Should such an AUMF stretch beyond the digital domain and constrain actions in the physical world? Answer 7: B5 8 A I /\ I STATE-19-0648-C-000273 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 8) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 8: The United States remains a key protector of human rights and individual freedoms around the globe. Any AUMF must keep in mind the role the U.S. plays in protecting these rights. a. Do you believe that human rights should play a role in AUMFs, and what role should they play in an AUMF that specifically targets terrorists? b. What mechanisms can Congress institute to help ensure that human rights remain at the center of a new AUMF? Answer 8: B5 9 A I /\ I STATE-19-0648-C-000274 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 9) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 9: In recent years, it seems that the Executive Branch has more frequently resorted to the use of force absent an AUMF or declaration of war. I think it is important for everyone to remember that declaring war and authorizing the use of force is a Constitutional role vested in Congress, and in this committee in particular. How , in your view, has the power to prosecute a conflict changed over the last several decades? Do you believe that there has been less transparency by the Executive Branch regarding conflicts? What are the constraints on Article II authority that you see? Answer 9: B5 10 A I /\ I STATE-19-0648-C-000275 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 BS 11 A I /\ I STATE-19-0648-C-000276 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 10) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 10: What do you believe is the proper balance between providing the President with the tools needed to respond to emergencies with Congress's role of being the body to declare war? Answer 10: B5 12 A I /\ I STATE-19-0648-C-000277 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 B5 13 A I /\ I STATE-19-0648-C-000278 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 11) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 11: When is Congressional engagement necessary in the use of force? Answer 11: B5 14 A I /\ I STATE-19-0648-C-000279 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 12) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 12: Section 36( c)(2) of the AECA specifically says "if the President states in his certification that an emergency exists ... thus waiving the requirements of subparagrap hs (A) and (B) ... " - but the commercial sales were under subparagraph (C). a. What is the Office of Legal Advisor's legal analysis of this provision? How does it conclude that the Secretary had the legal authority to use this provision with regard to the 13 direct commercial sales to Saudi Arabia and the UAE that he included in his May 24, 2019 emergency determination? b. What is the justification for invoking an emergency declaration, when the plain language of the statute does not say that there is such an authority for commercial sales? c. If your argument is that Congress erred when it amended that provision in 2002, please provide the evidentiary basis for that contention, including how you determined Congressional intent by citing the Congressional reports or statements that buttress your position. d. If your argument is that Congress erred when it amended that provision in 2002 , is there not a legal doctrine of interpretation oflaw that states , basically , that a provision oflaw that has remained unchallenged for years or has not been the subject of attempts to correct, then that provision of law should be followed according to the plain-letter meaning? If so, why did the Office of Legal Advisor not use this doctrine of interpretation? Does the Office of Legal Advisor apply this doctrine oflegal interpretation in other situations? Answer 12: B5 15 A I /\ I STATE-19-0648-C-000280 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 13) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 13: Did you, or did anyone in the office of the Legal Adviser, produce a written legal analysis, detennination, or recommendation that the Secretary of State had the authority to invoke an emergency certification? If so, will the State Department provide a copy of that written or any related legal analysis , determination and/or recommendation to the Committee? If not, what legal privilege is State claiming to exercise that prevents it, or enables it, from providing such written legal analysis, determination and/or recommendation to the Committee - the Committee of oversight for the Department and for these issues? Answer 13: B5 16 A I /\ I STATE-19-0648-C-000281 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 14) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 14: Mr. String, is the U.S. Mexico Joint Declaration binding for purposes of international law? a. As you know, I have asked variations on this question numerous times. Why has the Department been so reluctant to answer my basic questions about this? b. As a legal expert on international instruments, how would you characterize this agreement? Answer 14: BS 17 A I /\ I STATE-19-0648-C-000282 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 15) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 15: At the hearing, you stated that the U.S.-Mexico Declaration was "an important authoritative agreement that's been agreed to." What do you mean by an "important authoritative agreement"? a. Does an "authoritative agreement" impose any obligations on either country? If so, what obligations? b. Is such an agreement binding for purposes of international law? Answer 15: BS 18 A I /\ I STATE-19-0648-C-000283 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 16) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 16: What is your understanding of how the President views the U.S. Mexico Joint Declaration, in te1ms of whether it imposes obligations on Mexico or the United States? Have you or has the Department briefed the President on the Joint Declaration? Answer 16: B5 19 A I /\ I STATE-19-0648-C-000284 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 17) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 17: Your answers at the hearing seemed to indicate that there are ongoing discussions with Mexico about other or related agreements. Can you clarify? What are the status of those? Are they intended to impose binding obligations for purposes of international law on each country? Answer 17: B5 20 A I /\ I STATE-19-0648-C-000285 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 18) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 18: You stated that the executive branch was still considering whether the U.S.-Mexico Joint Declaration would be reported under the Case Act. Please provide an update of those discussions and the factors relevant to whether the Administration will do so. Answer 18: B5 21 A I /\ I STATE-19-0648-C-000286 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 19) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 19: Beyond the Joint Declaration - which appears to be just a statement by two parties- and the supplementary agreement, which on its face doesn't create any binding obligations, has the U.S. and Mexico entered into any other commitments or agreements related to migration? Any others that were supposedly to resolve the tariff threats? How would you characterize those agreements and when will this Committee receive copies? Answer 19: B5 22 A I /\ I STATE-19-0648-C-000287 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 20) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 20: The U.S. also reportedly recently entered into an agreement with Guatemala on migration issues. What was agreed to? Is there a written document? When will you provide any such documents to the Committee? Answer 20: 85 23 A I /\ I STATE-19-0648-C-000288 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 21) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 21: Has the Department conducted its own assessment of whether Guatemala can serve as a safe third country under U.S. law? What was the result of that assessment? Answer 21: B5 24 A I /\ I STATE-19-0648-C-000289 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 22) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 22: Has the Department provided a recommendation to the White House as to whether Guatemala can serve as a safe third country under U.S. law? What was that recommendation? Answer 22: 85 25 A I /\ I STATE-19-0648-C-000290 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 23) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 23: In the current or previous Administrations, has the Office of the Legal Adviser analyzed the legality under international law of U.S. support for Saudi Arabia's prosecution of the conflict in Yemen (to include arms sales, logistical and intelligence support)? If yes, please indicate whether any such analysis resulted in the conclusion that U.S. officials or personnel participating in such activities would be exposed to charges of war crimes? Please provide any such analyses in unclassified form, to the extent possible, or in a classified format. Answer 23: BS 26 A I /\ I STATE-19-0648-C-000291 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 24) U.S. Senate Committee on Foreign Relations July 24, 2019 Question 24: As you know, the Global Magnitsky Human Rights Accountability Act requires the President, upon receipt of a request from the Chairman and Ranking Member of the Senate Committee on Foreign Relations, to determine whether a foreign person is responsible for an extrajudicial killing, torture, or other gross violation of internationally recognized human rights against an individual exercising freedom of expression, and report to the Committee within 120 days with a determination and a decision on the imposition of sanctions on that foreign person or persons. Last year, Senator Menendez, as the Ranking Member of the Senate Foreign Relations Committee, along with then Chai1man Bob Corker made such a request with respect to Saudis involved in the Khashoggi murder, including specifically Crown Prince Mohammed bin Salman. Yet the Administration has not made such a determination. a. Why has the administration not made the determination as required by statute? b. Did the Department make a legal assessment regarding its obligation to submit a report to the Chairman and Ranking Member of the Senate Foreign Relations Committee pursuant to section 1263(d) of the Global Magnitsky Act? If so, what did that assessment conclude? c. Is the Department engaged in its own effort or supporting the efforts of other U.S. government agencies to uncover all of the perpetrators ofKhashoggi's murder, including those who ordered, directed, or otherwise controlled the murder? If so, what is the status of that investigation and who is leading it? If not, why not? Answer 24: B5 27 A I /\ I STATE-19-0648-C-000292 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 B5 28 A I /\ I STATE-19-0648-C-000293 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 85 86 Approved by: Drafted by: Cleared by: 29 A I /\ I STATE-19-0648-C-000294 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847978 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847981 Date: 03/09/2020 RELEASE IN PART B6 From: B6 Sent: Fri, 19 Jul 2019 13:31:03 +0000 To: Subject: RE: For clearance by COB Friday - Deutch QFRson AUMF Great - thank you so much! Official UNCLASSIFIED From:~--------- ~ ~ Sent: Friday, July 19, 2019 9:23 AM To:~I---------~ Subject: FW: For clearance by COB Friday - Deutch QFRs on AUMF Q As described! Best, B6 Official UNCLASSIFIED From: ~ ---- ~ Sent: Wednesday, July 17, 2019 8:48 AM To: D/AF-10 Duty Officer 6 ; >; ------------ ~ -,- ----------~ Assistants-DL@state.gov >; ~------------~ Subject: For clearance by COB Friday - Deutch QFRs on AUMF ~-----~ NEA-IRAN-DL ; ~1-R_ AN __-D-L@ - st- a-te___ go_v_>~;l------------=- ----------~ Assista nts-DL@state .g~o-v->;r-1 NEA-IRAN-DL Sent: Wednesday, July 17, 2019 8:52 AM To: ----- ~------_, I ~I-----~. ~-----------~-------------c,---~ IRAN-DL ;~ I NEA- PM-AS-Staff- Assistants-DL ; Subject: RE: For clearance by COB Friday- Deutch QFRs on AUMF Clear for D staff. Thanks, I I Official UNCLASSIFIED From~-----------~ Sent: Wednesday , July 17, 2019 8:48 AM To: D/AF-10 Duty Officer 6 ; I I I INEA-IRAN-DL ;I~----~ I ; PM-AS-Staff-Assistants-DL ; I I Subject: For clearance by COB Friday- Deutch QFRs on AUMF A J1Ir pv 1/' A 1 STATE-19-0648-C-000297 ll.J.S. Department of State Case No. F-2019-06548 Doc No. C06847983 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847983 Date: 03/09/2020 AllAttached please find 8 QFRsfrom Rep. Deutch to Brian Hook re: the AUMF and its applicability to Iran. ~-------------clearance or any edits by COB Friday. Please send your 85 Many thanks, 86 Official UNCLASSIFIED A I /\ I STATE-19-0648-C-000298 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847983 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847984 Date: 03/09/2020 RELEASE IN PART B6 From: Sent: Mon, 22 Jul 2019 12:52:29 +0000 To: Subject: RE: For clearance by COB Friday - Deutch QFRs on AUMF Clear for S/P. ,--=====--;------------------------Member, Policy Planning Staff (S/P) Official UNCLASSIFIED From:~ ---------Sent: Saturday, July 20, 2019 4:34 PM To: ~ Subject: FW: For clearance by COB Friday - Deutch QFRs on AUMF Still awaiting P, S/P, and PM clearances on this! Attaching the most recent version here and would appreciate clearances by noon Monday. Best, I Official UNCLASSIFIED From: D/AF-1O Duty Officer 6 Sent: Wednesday, July 17, 2019 8:52 AM To: I INEA-IRAN-DL_; P-M---AS---St ~aff-Assista nts-DL ;~-----------~ Subject: RE: For clearance by COB Friday - Deutch QFRs on AUMF ~ I ------------- 1 Clear for D staff. Thanks, I I Official A J1Ir pv 1/' A 1 STATE-19-0648-C-000299 ll.J.S. Department of State Case No. F-2019-06548 Doc No. C06847984 Date: 03/09/2020 B6 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847984 Date: 03/09/2020 UNCLASSIFIED 86 From: ~----------~ Sent: Wednesday, July 17, 2019 8:48 AM To: D/AF-1O Duty Officer 6 ; Subject: For clearance by COB Friday- Deutch QFRson AUMF AllAttached please find 8 QFRsfrom Rep. Deutch to Brian Hook re: the AUMF and its applicability to Iran. ~--------------~ Please send your clearance or any edits by COB Friday. 85 Many thanks, 86 Official UNCLASSIFIED A I /\ I STATE-19-0648-C-000300 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847984 Date: 03/09/2020 UNCLASSIFIED U.S . Department of State Case No. F-2019-06548 Doc No. C06847988 Date : 03/09/2020 RELEASE IN PART B5,B6 B6 From: Sent: To: Mon, 22 Jul 2019 21:29:30 +0000 Cc: Subject: RE: For clearance by COB Monday - Hard QA Attach: P Hard QAs AUMF 7 22 2019.docx, AUMF Testimony Hard QA 7 19 2019.docx CTclears on the updated test imo ny that you sent earlier today , and clears with edits in the two attached QA packets. CT's ~---~ (currently on TOY)also provided the note below. B5 Thank you, D B6 Official UNCLASSIFIED From: ~--------------~ Sent: Monday, July 22, 2019 4:56 PM To: ::========== Cc: = ===---------------------~ CT'---;; S::-ta"ffTA.:-s--:si--: st-an--:t-s:-<-;:c CT :;:--;: S::-ta"fT. fA:-s---, si--: st-a--: nt:s-;:: --@:-s-:-ta-:te- .-go-v:->---;c ; ==================: Subject: RE: For clearance by COBMonday - Hard QA We will revert back as soon as we are able. Thank you, A J1Ir pv 1/' A 1 ll.J.S. Department of State Case No. F-2019-06548 STATE-19-0648-C-000301 Doc No. C06847988 Date: 03/09/2020 B5 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847988 Date: 03/09/2020 D 86 Official UN CLASSIFIED From:~-----------~ Sent: Monday, July 22, 2019 4:29 PM To ~------------------------~ CT_StaffAssistants Cc Subject: RE: For clearance by COB Monday - Hard QA ~-------------------------------~ clear Official UNCLASSIFIED From: Sent: Monday, July 22, 2019 4:23 PM ~----------~ To~------------------------~ Cc:~ I -------------------------~ Subject: RE: For clearance by COB Monday CT_StaffAssistants Hard QA CT, P, and NEA- 85 Best, Official UNCLASSIFIED From: Sent: Monday , July 22, 2019 9:41 AM ~---~ To:I Subject: RE: For clearance by COB Monday - Hard QA All And, attached is a revised and shortened!) version of Marik's testimony. Thanks, A I /\ I STATE-19-0648-C-000302 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847988 Date: 03/09/2020 85 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847988 Date: 03/09/2020 Official UNCLASSIFIED 86 From:~---~ Sent: Saturday, July 20, 2019 4:04 PM To Cc:c_____.~~- ------------~ Subject: For clearance by COB Monday - Hard QA All I Attached for your clearance is a hard QA document for Marik String's appearance before the SFRC on Wednesday re: Iran and the AUMF.I ~ Best, Official UNCLASSIFIED A I /\ I STATE-19-0648-C-000303 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847988 Date: 03/09/2020 85 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847991 Date: 03/09/2020 UNCLASSIFIED RELEASE IN PART B5,B6 QUESTION Q: Do you believe the 2001 or 2002 AUMFs grant authority for a use of force against Iran? A: A J1Ir pv B5 UNCLASSIFIED 1/' A 1 STATE-19-0648-C-000304 .S. Department of State Case No. F-2019-06548 Doc No. C06847991 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847991 Date: 03/09/2020 UNCLASSIFIED -2- QUESTION Q: Does the Administration anticipate requesting a new AUMF for Iran or are the current authorities sufficient? If not, what authorities are you relying on and what would the Administration use in the event of a conflict? A: B5 UNCLASSIFIED A I /\ I STATE-19-0648-C-000305 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847991 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847991 Date: 03/09/2020 UNCLASSIFIED -3- QUESTION Q: Why won't the Administration support repeal of the 2002 AUMF? A: B5 UNCLASSIFIED A I /\ I STATE-19-0648-C-000306 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847991 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847991 Date: 03/09/2020 UNCLASSIFIED -4- QUESTION Q: Does the Administration believe we still need the 1991 and 2002 AUMFs, or do you support the Young/Kaine bill to repeal them? If not, why do we still need the 1991 AUMF? A: 85 UNCLASSIFIED A I /\ I STATE-19-0648-C-000307 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847991 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847991 Date: 03/09/2020 UNCLASSIFIED -5- 85 86 Approved: Drafted: Cleared: UNCLASSIFIED A I /\ I STATE-19-0648-C-000308 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847991 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847997 Date: 03/09/2020 SENSITIVE BUT UNCLASSIFIED /DRAFT/DELIBERATIVE RELEASE IN PART Testimony before SFRC on AUMF Issues July 24, 2019 HARDQAs 85 B5 1 A J1Ir pv 1/' A 1 STATE-19-0648-C-000309 .S. Department of State Case No. F-2019-06548 Doc No. C06847997 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847997 Date: 03/09/2020 SENSITIVE BUT UNCLASSIFIED /DRAFT /DELIBERATIVE B5 2 A I /\ I STATE-19-0648-C-000310 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847997 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847997 Date: 03/09/2020 SENSITIVE BUT UNCLASSIFIED /DRAFT /DELIBERATIVE B5 3 A I /\ I STATE-19-0648-C-000311 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847997 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847997 Date: 03/09/2020 SENSITIVE BUT UNCLASSIFIED /DRAFT /DELIBERATIVE 85 4 A I /\ I STATE-19-0648-C-000312 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847997 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847997 Date: 03/09/2020 SENSITIVE BUT UNCLASSIFIED /DRAFT /DELIBERATIVE 85 5 A I /\ I STATE-19-0648-C-000313 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847997 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847997 Date: 03/09/2020 SENSITIVE BUT UNCLASSIFIED /DRAFT /DELIBERATIVE B5 6 A I /\ I STATE-19-0648-C-000314 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847997 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847997 Date: 03/09/2020 SENSITIVE BUT UNCLASSIFIED /DRAFT /DELIBERATIVE B5 7 A I /\ I STATE-19-0648-C-000315 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847997 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847997 Date: 03/09/2020 SENSITIVE BUT UNCLASSIFIED /DRAFT /DELIBERATIVE B5 8 A I /\ I STATE-19-0648-C-000316 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847997 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847997 Date: 03/09/2020 SENSITIVE BUT UNCLASSIFIED /DRAFT /DELIBERATIVE B5 9 A I /\ I STATE-19-0648-C-000317 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847997 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847997 Date: 03/09/2020 SENSITIVE BUT UNCLASSIFIED /DRAFT /DELIBERATIVE BS 10 A I /\ I STATE-19-0648-C-000318 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06847997 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848010 Date: 03/09/2020 RELEASE IN PART From: Sent: Mon, 22 Jul 2019 19:55:21 +0000 To: Subject: RE: For clearance by COB Monday - Hard QA B6 85,86 B5 Official UNCLASSIFIED From: ~ ---------- B6 ~ Sent: Monday , July 22, 2019 3:31 PM To:I ~-----~ CT_Staff Assistants ; PM-AS-Staff-Assistants-DL Subject: RE: For clearance by COB Monday - Hard QA B6 Hi~-~I I - B5 Best , B6 Official UNCLASSIFIED From: ~-------------~ Sent: Monday, July 22, 2019 3:24 PM To CT_ Staff Assistants ; ~-----~ >; PM-AS-St aff-Assistants-DL Cc~---------------~ Subject: RE: For clearance by COB Monday - Hard QA Clear for SIAG with minor edit Official UNCLASSIFIED A J1Ir pv 1/' A 1 STATE-19-0648-C-000319 ll.J.S. Department of State Case No. F-2019-06548 Doc No. C06848010 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848010 Date: 03/09/2020 From: B6 ~-----------~ Sent: Monday, July 22, 2019 12:12 PM To:I I I; PM-AS-Staff-Assistants-DL ; Cc: ~---------------Subject: RE: For clearance by COB Monday - Hard QA And, for this same group, please clea r the Hard QAs just tas ked to L th is morning fo r P's participation in the same hearing , no later than 4 PM. Best, Official UNCLASSIFIED From: ~----------------~ Sent: Monday, July 22, 2019 12:06 PM To: '--------cc----~-=--~-----=-~-=~CT _Staff Assistants ; PM-AS-Staff-Assistants-DL ; Cc~---------------Subject: RE: For clearance by COB Monday - Hard QA Still good for 5/P. Clear. Member, Policy Planning Staff (S/P} Official UN CLASSIFIED From: ~-----------~ Sent: Monday, July 22, 2019 9:41 AM To~ I l~--------------------------; >; PM-AS-Staff-Assistants-DL Cc: Subject: RE: For clearance by COB Monday - Hard QA ~---------------~ A I /\ I STATE-19-0648-C-000320 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848010 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848010 Date: 03/09/2020 All -And, attached is a revised (and shortened!) version of Mar ik' s test imony. BS ~------~ Thanks, B6 Official UN CLASSIFIED From: Sent: Saturday, July 20, 2019 4:04 PM ~----~ To:I l~-------------------------~ ICT_StaffAssistants ; PM-AS-Staff-Assistants-DL ; /------~-~ Cc:1 Sul:> '--r je_c_t_:R - E-: =Fo _ r_c-le-a-ra_n_c_e_b_y ~c= o =s~M~o- n-a-ay - -H ~a _r_d_QA ~ ~ And, for this same group , please clear the Hard QAs just tasked to L this morning for P's participation in the same hearing , no later than 4 PM. Best, Official UNCLASSIFIED ~~-~----~---~------- ~ From: Sent: Monday, July 22, 2019 12:06 PM ~------------------~ ~L _____________________ ~ ~ ~ ~ --------~ ~ ICT_StaffAssistants ; PM-AS-Staff-Assistants-DL < PM-AS-Staff-Assista nts-D L@state.gov>; I I Cc: I Sub7je_c_t -:R~E-:=Fo _ r_c_le-a-ra_n_c_e_b_y ~c= o =s~M~o- n-a-ay - -H~ a _r_d_Q~A,-------, Still good for S/P. Clear. A J1Ir pv 1/' A 1 ll.J.S. Department of State Case No. F-2019-06548 STATE-19-0648-C-000322 Doc No. C06848017 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848017 Date: 03/09/2020 B6 Member, Policy Planning Staff (S/P) Official UNCLASSIFIED From:~------------~ Sent: Monday, July 22, 2019 9:41 AM ~ ~~--~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~-~-C_T__-St_a_ff_A_ss-is~tants ; PM-AS-Staff-Assistants-DL ; I I Cc:~ - - ----- -------- -~ Subject: RE: For clearance by COB Monday - Hard QA All-And attached is a revised and shortened! version of Marik's testimony . B5 Thanks, B6 Official UNCLASSIFIED From~----~ Sent: Saturday, July 20, 2019 4:04 PM To CT_Staff Assistants ; PM-AS-Staff-Assistants-DL ; ~---------------------------~ Cc:~----------------~ Subject: For clearance by COB Monday - Hard QA All -Attached for your clearance is a hard QA document for Marik String's appearance before the SFRC on Wednesday re: Iran and the AUMF.I I B5 Best, B6 Official UNCLASSIFIED A I /\ I STATE-19-0648-C-000323 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848017 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848024 Date: 03/09/2020 B6 From: Sent: Mon, 22 Jul 2019 18:15:14 +0000 To: Subject: RE: For clearance by COB Monday - Hard QA RELEASE IN PART B5,B6 B5 Official UNCLASSIFIED B6 From_ ~-----------~ Sent: Monday, July 22, 2019 1:34 PM To:~------------ ~ Subject: RE: For clearance by COB Monday - Hard QA B5 Thanks ,! Best, B6 Official UNCLASSI FIED From ~--------------~ Sent: Monday, July 22, 2019 11:43 AM To: ~-------~ CT Staff Assistants . state. ov>; PM-AS-Staff-Assistants- Cc: ~---------------~ Subject: RE: For clearance by COB Monday - Hard QA B5 Clear for SIAG- Official UNCLASSIFIED From: Sent: Monday , July 22, 2019 10:12 AM To:I ~I------------------------~I CT_StaffAssistants ; PM-AS-Staff-Assist ants-DL ; ~ ----------- ~ Cc: ~---------------~ Subject: RE: For clearance by COB Monday - Hard QA A J1Ir pv 1/' A 1 STATE-19-0648-C-000324 ll.J.S. Department of State Case No. F-2019-06548 Doc No. C06848024 Date: 03/09/2020 B6 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848024 Date: 03/09/2020 One suggestion in th e attach ed. Thanks B6 L/AN From: ~-----------~ Sent: Monday, July 22, 2019 9:41 AM To: ~--------------------------~ CT_StaffAssistants ; PM-AS-Staff-Assistants-DL ; Cc:~---------------~ Subject: RE: For clearance by COB Monday - Hard QA All-And , attached is a revi sed (and shortened!) version of Mar ik's testimony . B5 ~------~ Thanks, B6 Official UNCLASSIFIED From:~----~ Sent: Saturday, July 20, 2019 4:04 PM To:I lcT_StaffAssistants ~--------------------------I Cc:'-- - - -----------~ Subject: For clearance by COB Monday - Hard QA All - Attached for your clearance is a hard QA document for Marik String's appearance before the SFRC on Wednesday re: Iran and the AUMF. I B5 Best, B6 Official UNCLASSIFIED A I /\ I STATE-19-0648-C-000325 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848024 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848027 Date: 03/09/2020 B6 From: Sent: Mon, 22 Jul 2019 17:48:45 +0000 To: Subject: RE: For clearance by COB Monday - Hard QA RELEASE IN PART 85,86 Small revision below . Special Assistant to the Deputy Secretary U.S. Department of State I I B6 From: ~-----------~ Sent: Monday, July 22, 2019 1:47 PM To~-~-----~~-~- ~ Subject: FW: For clearance by COBMonday - Hard QA B5 B6 Thanks, B6 I Official UNCLASSIFIED From: ~----Sent: Monday, July 22, 2019 9:41 AM To: ~--------------------------~ CT_StaffAssistants ; PM-AS-Staff-Assistants-DL; Cc:~--------------Subject: RE: For clearance by COB Monday - Hard QA All-And , attached is a revised (and shortened!) version of Marik' s testimony . B5 Thanks, B6 Official UNCLASSIFIED From: Sent: Saturday, July 20, 2019 4:04 PM ~ ---- A J1Ir pv 1/' A 1 - STATE-19-0648-C-000326 ll.J.S. Department of State Case No. F-2019-06548 Doc No. C06848027 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848027 Date: 03/09/2020 86 To: ~----- ------- ----- -------' CT_StaffAssistants ; PM-AS-Staff-Assistants-DL ; I ~ Cc:I SubJect: For clearance by COB Monday - Hard Q All - Attached fo r your clea rance is a hard QA document for Ma rik String's appearance before the SFRC on Wedne sday re: Iran and the AUMF. ~--------------------~ 85 Best, 86 Official UN CLASSIFIED A I /\ I STATE-19-0648-C-000327 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848027 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848031 Date: 03/09/2020 RELEASE IN PART B5,B6 From: Sent: B6 Mon, 22 Jul 2019 17:39:20 +0000 To: ,-'===a--d.._ lcT StaffAssistants;PM-AS-Staff-Assistants-DL -----=, J~---------~ I Cc: I Subject: RE: For clearance by COB Monday - Hard QA Clear, pending P staff clearance. B6 Specia l Assistant to the Deputy Secretary U.S. Department of State From:~------------ Sent: Monday, July 22, 2019 12:12 PM To: ~---------------------------~ CT_StaffAssistants ; PM-AS-Staff-Assistants-DL; Cc: '--c---~~~~--~~~~~-~~=---c-' Subject: RE: For clearance by COB Monday - Hard QA And, for this same group , please clear the Hard QAs just tasked to Lthis morning for P' s participation in the same hearing, no later than 4 PM. Best, B6 I Official UNCLASSIFIED From:~---------------~ Sent: Monday, July 22, 2019 12:06 PM To: ~--------. PM-AS-Staff-Assistants-DL; Cc: ~---------------~ Subject: RE: For clearance by COB Monday - Hard QA Still good for S/P . Clear. ------------------------------A J1Ir pv 1/' A 1 STATE-19-0648-C-000328 ll.J.S. Department of State Case No. F-2019-06548 Doc No. C06848031 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848031 Date: 03/09/2020 B6 Member, PolicyPlanningStaff (S/P) Official UN CLASSIFIED From: ~----------~ Sent: Monday, July 22, 2019 9:41 AM To: ~-------------~---------~ CT_StaffAssistants ; PM-AS-Staff-Assistants-DL ; Cc:~---------------~ Subject: RE: For clearance by COB Monday - Hard QA BS All-And, attached is a revised (and shortened!) version of Marik's testimony. ~-------~ Thanks, B6 Official UNCLASSIFIED From: Sent: Saturday, July 20, 2019 4:04 PM ~----~ To~ I ~--------------------------- I f CT_StaffAssistants Cc: Sub~j-ec_t_: F_o_r_c~ le-a-ra_n_c_e~b_y_C_O_B_M_o_n_d~a-y ___ H_a-rd~Q-A-~ All -Attached for your clearance is a hard QA document for Marik String's appearance before the SFRC I on Wednesday re: Iran and the AUMF. I BS Best, B6 Official UNCLASSIFIED A I /\ I STATE-19-0648-C-000329 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848031 Date: 03/09/2020 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848033 Date: 03/09/2020 RELEASE IN PART 85,86 From: B6 Tue, 23 Jul 2019 17:34:33 +0000 Sent: To: Cc: '-,--_________ ~ CT StaffAssistants Subject: RE: For clearance by COB Monday - Hard QA Sound s good. B5 B6 Thanks, everyone. D B6 From:~--------- - ~ Sent: Tuesday, July 23. 2019 1:19 PM To: I Cc: I-----------------------~ ,_ ~ICT_StaffAssistants Subject: RE: For clearance by COB Monday- Hard QA Hi~ I -~ B5 Best, B6 Official UNCLASSIFIED From: ~~-~-------~ Sent: Tuesday , July 23, 2019 12:48 PM To: '-,-------------------------- Cc: ~-----------------------~ Subject: RE: For clearance by COB Monday - Hard QA Importance: High .,_________, CT StaffAssistants Great. ~---------------~ A J1Ir pv 1/' A 1 STATE-19-0648-C-000330 ll.J.S. Department of State Case No. F-2019-06548 Doc No. C06848033 Date: 03/09/2020 B5 B6 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848033 Date: 03/09/2020 From: B6 ~----------~ Sent: Tuesday, July 23, 2019 12:40 PM To: Cc: ~----------------------~ Subject: RE: For clearance by COB Monday - Hard QA B5 Iran remained unwilling to bring to justice senior al-Qa' ida (AQ) members residing in Iran and has refused to publicly identify the members in its custody. Iran has allowed AQ facilitators to operate a core facilitation pipeline through Iran since at least 2009, enabling AQ to move funds and fighters to South Asia and Syria. From: B6 ~----------~ Sent: Monday, July 22, 2019 3:52 PM To: Cc:~---------- --Subject: RE: For clearance by COB Monday - Hard QA ------ ~ Thanks,17 B5 B6 From: ~----------~ Sent: Monday, July 22, 2019 3:39 PM To: Sub~je-c-t:_R_E_: F - o-r~cl~e-ar-a-nc-e~b-y_C_O_B_M_o_n~d-ay- - H - a-rd_ Q_A-------~ B5 Thanks, D From: ~---------~ B6 Sent: Monday, July 22, 2019 10:17 AM To: Cc: ~-----------~ Subject: FW: For clearance by COB Monday - Hard QA CT is looking at this now, but adding INR's A I /\ I STATE-19-0648-C-000331 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848033 Date: 03/09/2020 B5 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848033 Date: 03/09/2020 D 86 From: ~-----------~ Sent: Monday, July 22, 2019 10:02 AM To: ~------------------------~ CT_StaffAssistants ; PM-AS-Staff-Assistants-DL; Cc: Subject: RE: For clearance by COB Monday - Hard QA ~---------------~ My edits and comments are attached. -c=J on the Syria section. Thanks L/AN 202-647-2007 From: ~------------ Sent: Saturday, July 20, 2019 4:04 PM ~~~-1 ~To:__________________ I ' ICT_StaffAssistants ~--------------------------~ ; PM-AS-Staff-Assistants-DL; Cc: ~---------------Subject: For clearance by COB Monday - Hard QA All -Attached for your clearance is a hard QA document for Marik String's appearance before the SFRC on Wednesday re: Iran and the AUMF. I 85 Best, 86 Official UNCLASSIFIED A I /\ I STATE-19-0648-C-000332 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848033 Date: 03/09/2020 September 22, 2021 Case No. F-2019-06548 Segments: IPS-0008 Daniel McGrath Counsel American Oversight 1030 15th St. NW, Suite B255, Washington, D.C. 20005 Dear Mr. McGrath: As noted in our letter dated March 9, 2020, we are processing your request for material under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552. The processing of records is ongoing and has yielded an additional 24 records responsive to your request. We have determined that 14 records may be released in part and 10 records must be withheld in their entirety. An enclosure explains the FOIA exemptions and other grounds for withholding material. Where we have made redactions, the applicable FOIA exemptions are marked on each document. The records withheld in full are exempt from release pursuant to FOIA Exemptions 5 and 6, 5 U.S.C. §§ 552 (b)(5) and (b)(6). All non-exempt material that is reasonably segregable from the exempt material has been released and is enclosed. We will keep you informed as your case progresses. If you have any questions, your attorney may contact Assistant United States Attorney Benton Peterson, at (202) 252-2534 or Benton.Peterson@usdoj.gov. Please refer to case number, F-2019-06548, and the civil action number, 19-cv-02728-ABJ, in all correspondence about this request Sincerely, Jeanne Miller Chief, Programs and Policies Division Office of Information Programs and Services Enclosures: As stated. United States Department of State Washington, D. C. 20520 The Freedom of Information Act (5 USC 552) FOIA Exemptions (b)(1) Information specifically authorized by an executive order to be kept secret in the interest of national defense or foreign policy. Executive Order 13526 includes the following classification categories: 1.4(a) Military plans, systems, or operations 1.4(b) Foreign government information 1.4(c) Intelligence activities, sources or methods, or cryptology 1.4(d) Foreign relations or foreign activities of the US, including confidential sources 1.4(e) Scientific, technological, or economic matters relating to national security, including defense against transnational terrorism 1.4(f) U.S. Government programs for safeguarding nuclear materials or facilities 1.4(g) Vulnerabilities or capabilities of systems, installations, infrastructures, projects, plans, or protection services relating to US national security, including defense against transnational terrorism 1.4(h) Weapons of mass destruction (b)(2) Related solely to the internal personnel rules and practices of an agency (b)(3) Specifically exempted from disclosure by statute (other than 5 USC 552), for example: ARMSEXP Arms Export Control Act, 50a USC 2411(c) CIA PERS/ORG Central Intelligence Agency Act of 1949, 50 USC 403(g) EXPORT CONTROL Export Administration Act of 1979, 50 USC App. Sec. 2411(c) FS ACT Foreign Service Act of 1980, 22 USC 4004 INA Immigration and Nationality Act, 8 USC 1202(f), Sec. 222(f) IRAN Iran Claims Settlement Act, Public Law 99-99, Sec. 505 (b)(4) Trade secrets and confidential commercial or financial information (b)(5) Interagency or intra-agency communications forming part of the deliberative process, attorney-client privilege, or attorney work product (b)(6) Personal privacy information (b)(7) Law enforcement information whose disclosure would: (A) interfere with enforcement proceedings (B) deprive a person of a fair trial (C) constitute an unwarranted invasion of personal privacy (D) disclose confidential sources (E) disclose investigation techniques (F) endanger life or physical safety of an individual (b)(8) Prepared by or for a government agency regulating or supervising financial institutions (b)(9) Geological and geophysical information and data, including maps, concerning wells Other Grounds for Withholding NR Material not responsive to a FOIA request excised with the agreement of the requester CO 6 8 4 8 8 8 6'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848886 Date: 09/21/2021 From: Sent: Mon, 22 Jul 2019 15:04:50 +0000 To: Subject: RE: String SFRC AUMF Testimony v2 (AJW)(CLEAN) Attach: String SFRC Testimony L Edits 7 22 2019.docx Official - SBU (Deliberative Process, Attorney Work Product) UNCLASSIFIED From: ~---------~ Sent: Monday, July 22, 2019 9:16 AM T~o_: _St_ri_ng_,_M_a_r_ik_A_4~------~f Dorosin, Joshua L ~-----~ 1 r Cc: ~-------------~ Subject: RE: String SFRC AUMF Testimony v2 (AJW)(CLEAN) Hi Marik - GreatJ Best, Official - SBU (Deliberative Process, Attorney Work Product) UNCLASSIFIED From: String, Marik A 4~-----~~ RELEASE IN PART 85,86 [DECONTROLLED[ ~:r Monday, July 22, 2019 9:06 AM f: Dorosin, Joshua L >; r~~-----~f ~-----~ ~----~ Subject: String SFRC AUMF Testimony v2 (AJW)(CLEAN) Thanks, Marik Official - SBU (Deliberative Process, Attorney Work Product) UNCLASSIFIED UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848886 Date: 09/21/2021 B6 B5 B5 B6 B6 B5 STATE-19-0648-D-000001 CO 6 8 4 8 9 O 5 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848905 Date: 09/21/2021 I I From: Sent: Fri, 19 Jul 2019 16:49:59 +0000 To: Subject: RE: Tasking for SFRC testimony prep Attach: Potential L Testimony to SFRC on AUMF and cyber.docx Thanks, Best, Official - SBU UNCLASSIFIED From: ~----------~ Sent: Friday, July 19, 2019 7:59 AM To: Legal-PM-DL Cc:I f Subject: FW: Tasking for SFRC testimony prep RELEASE IN PART 85,86 [DECONTROLLEDJ Hi L/PM ! I have pulled out the taskings to us and noted who would probably be best placed to draft. Best, Official - SBU UNCLASSIFIED From: ~--------------~ Sent: Thursday, July 18, 2019 9:16 PM To: Legal-PM-DL ; Legal-AN-DL ; Legal-EAP-DL ; Legal-NPA-DL ; Legal-T-DL ; Legal-EB-DL ; Legal-OES-DL ; Legal￾WHA-DL ; Legal-HRR-DL ; Legal-M-DL ; Legal-EFD-DL Subject: Tasking for SFRC testimony prep UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848905 Date: 09/21/2021 B6 B5 B5 B6 B6 B6 B5 STATE-19-0648-D-000002 CO 6 8 4 8 9 O 5 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848905 Date: 09/21/2021 Official - SBU UNCLASSIFIED UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848905 Date: 09/21/2021 B5 B5 B6 STATE-19-0648-D-000003 CO 6 8 4 8 9 31 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848931 Date: 09/21/2021 From: Sent: Tue, 6 Aug 2019 13:10:03 +0000 To: Subject: Re: The anti-AU MF effort Thx Sent from my BlackBerry 10 smartphone. From: ~---~ Sent: Tuesday, August 6, 2019 8: 15 AM To: '---c---~--~ Subject: The anti-AUMF effort RELEASE IN PART B6 A group of twenty-eight bipartisan lawmakers are pushing legislation to prohibit the use of funds for military action against Iran without congressional authorization, according to an internal letter obtained by Foreign Policy. "Bipartisan majorities in both chambers have spoken up to defend Congress' constitutional authority over matters of war and peace," the letter, addressed to the chairs and ranking members of the Senate and House Armed Services Committees which oversee the defense bill, states, adding: "with regional tensions high, the risk of the U.S. entering into war with Iran without authorization remains acute," Robbie Gramer reports at Foreign Policy. UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848931 Date: 09/21/2021 B6 STATE-19-0648-D-000004 CO 6 8 4 8 9 3 2·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848932 Date: 09/21/2021 RELEASE IN PART B5, B6 From: IDECONTROLLEDI Sent: Wed, 31 Jul 2019 22:40:09 +0000 To: String, Marik A Cc: Subject: RE: Transcript Edits re July 24, 2019 SFRC Hearing "Reviewing Authorities for the Use of Military Force" Attach: 07 24 2019 -- Reviewing the Authorities for the Use of Military ForceOdoc I have gone through and flagged syntax/grammar/spelling issues.I Official - SBU (Deliberative Process) UNCLASSIFIED From: String, Marik A<~~~~--~> Sent: Wednesday, July 31, 2019 2:57 PM To: I'------------~---~ Cc: ~----------~ Subject: FW: Transcript Edits re July 24, 2019 SFRC Hearing "Reviewing Authorities for the Use of Military Force" Thanks, Marik Official - SBU (Deliberative Process) UNCLASSIFIED From: Donnelly, Colleen G Sent: Wednesday, July 31, "=-20~1~9~1~:2~9~P~M~---~ To: String, Marik A 4 t Cc:I ~ Subject: FW: Transcript Edits re July 24, 2019 SFRC Hearing "Reviewing Authorities for the Use of Military Force" Hi Marik FYI. Than s, Colleen Official I UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848932 Date: 09/21/2021 B6 B5 B5 B6 B5 STATE-19-0648-D-000005 CO 6 8 4 8 9 3 2 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848932 Date: 09/21/2021 UNCLASSIFIED From: Williams, Laurie (Foreign Relations) Sent: Wednesday, July 31, 2019 1:25 PM ~-----------~ To: Donnelly, Colleen G Cc: Simpson, Lexi (Foreign Relations) Relations) ; Burdette, Paul (Foreign Subject: Transcript Edits re July 24, 2019 SFRC Hearing "Reviewing Authorities for the Use of Military Force" TO: Mr. Marik String RE: Edits of Mr. String's remarks during the 7 /24/19 SFRC Hearing entitled "Reviewing Authorities for the Use of Military Force" In order to expedite sending this hearing to press in a timely fashion, please return your edited transcript to the Committee by close of business: Important: If we don't hear back from you by the date mentioned above, the transcript will be printed as is. Please review the attached transcript file and edit only your remarks as necessary. Changes in diction, expression, accuracy, or to correct any transcript errors are permitted. Rewriting is not permitted. It is important that you review the transcript for additional material (replies to questions, inserts, etc.) which you need to provide for the record. If further changes are desired, a request must be made to the Chair. (How to Edit: Please turn on "track changes" and re-attach the edited file to your e-mail reply. If you prefer to send back a paper transcript, please print out and mark your edits in RED or GREEN ink and return to the appropriate address listed below.) Senate Committee on Foreign Relations Attn: Justin West/Michael Bennett 721 Hart Senate Office Building Washington, DC 20510 If you find that you are unable to meet the deadline assigned at the beginning of this notice, please contact Lexi Simpson, Hearing Clerk, at Thank you in advance for your help. Laurie Williams Staff Assistant Senate Foreign Relations Committee 423 Dirksen Senate Office Building ~----~ UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848932 Date: 09/21/2021 86 STATE-19-0648-D-000006 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 1 REVIEWING AUTHORITIES FOR THE USE OF MILITARY FORCE Wednesday, July 24, 2019 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 RELEASE IN PART 85,86 85 86 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 STATE-19-0648-D-000007 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 2 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 B5 B6 STATE-19-0648-D-000008 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 3 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 BS B6 STATE-19-0648-D-000009 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 4 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 B5 B6 STATE-19-0648-D-000010 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 5 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 BS B6 STATE-19-0648-D-000011 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 6 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 BS B6 STATE-19-0648-D-000012 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 7 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 85 86 STATE-19-0648-D-000013 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 8 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 B5 B6 STATE-19-0648-D-000014 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 9 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 B5 B6 -, STATE-19-0648-D-000015 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 10 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 B5 B6 STATE-19-0648-D-000016 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 11 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 BS B6 STATE-19-0648-D-000017 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 12 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 B5 B6 STATE-19-0648-D-000018 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 13 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 B5 B6 STATE-19-0648-D-000019 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 14 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 BS B6 STATE-19-0648-D-000020 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 15 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 85 86 STATE-19-0648-D-000021 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 16 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 85 86 STATE-19-0648-D-000022 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 17 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 85 86 STATE-19-0648-D-000023 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 18 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 BS B6 STATE-19-0648-D-000024 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 19 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 B5 B6 STATE-19-0648-D-000025 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 20 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 B5 B6 STATE-19-0648-D-000026 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 21 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 85 86 STATE-19-0648-D-000027 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 22 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 B5 B6 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 STATE-19-0648-D-000028 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 23 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 B5 STATE-19-0648-D-000029 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 24 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 BS B6 STATE-19-0648-D-000030 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 25 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 BS B6 STATE-19-0648-D-000031 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 26 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 B5 B6 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 STATE-19-0648-D-000032 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 27 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 85 86 STATE-19-0648-D-000033 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 28 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 BS B6 STATE-19-0648-D-000034 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 29 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 BS B6 STATE-19-0648-D-000035 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 30 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 B5 B6 STATE-19-0648-D-000036 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 31 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 B5 B6 STATE-19-0648-D-000037 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 32 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 BS B6 STATE-19-0648-D-000038 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 33 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 85 86 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 STATE-19-0648-D-000039 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 34 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 BS B6 STATE-19-0648-D-000040 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 35 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 B5 B6 STATE-19-0648-D-000041 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 36 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 85 86 STATE-19-0648-D-000042 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 37 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 BS B6 STATE-19-0648-D-000043 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 38 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 85 86 STATE-19-0648-D-000044 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 39 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 B5 B6 STATE-19-0648-D-000045 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 40 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 B5 B6 STATE-19-0648-D-000046 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 41 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 85 86 STATE-19-0648-D-000047 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 42 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 85 86 STATE-19-0648-D-000048 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 43 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 BS B6 STATE-19-0648-D-000049 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 44 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 85 86 STATE-19-0648-D-000050 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 45 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 85 86 STATE-19-0648-D-000051 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 46 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 BS B6 STATE-19-0648-D-000052 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 47 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 85 86 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 STATE-19-0648-D-000053 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 48 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 B5 B6 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 STATE-19-0648-D-000054 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 49 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 BS B6 STATE-19-0648-D-000055 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 50 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 BS B6 STATE-19-0648-D-000056 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 51 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 B5 B6 STATE-19-0648-D-000057 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 52 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 85 86 STATE-19-0648-D-000058 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 53 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 B5 B6 STATE-19-0648-D-000059 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 54 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 85 86 STATE-19-0648-D-000060 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 55 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 BS B6 STATE-19-0648-D-000061 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 56 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 B5 B6 STATE-19-0648-D-000062 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 57 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 B5 B6 STATE-19-0648-D-000063 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 58 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 85 86 STATE-19-0648-D-000064 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 59 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 85 86 STATE-19-0648-D-000065 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 60 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 B5 B6 STATE-19-0648-D-000066 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 61 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 BS B6 STATE-19-0648-D-000067 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 62 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 B5 B6 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 STATE-19-0648-D-000068 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 63 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 BS B6 STATE-19-0648-D-000069 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 64 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 BS B6 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 STATE-19-0648-D-000070 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 65 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 85 86 STATE-19-0648-D-000071 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 66 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 B5 B6 STATE-19-0648-D-000072 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 67 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 BS B6 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 STATE-19-0648-D-000073 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 68 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 B5 B6 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 STATE-19-0648-D-000074 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 69 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 B5 B6 STATE-19-0648-D-000075 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 70 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 B5 B6 STATE-19-0648-D-000076 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 71 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 B5 B6 STATE-19-0648-D-000077 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 72 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 85 86 STATE-19-0648-D-000078 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 73 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 B5 B6 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 STATE-19-0648-D-000079 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 74 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 B5 B6 STATE-19-0648-D-000080 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 75 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 85 86 STATE-19-0648-D-000081 CO 6 8 4 8 9 4 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 76 U.S. SENATE COMMITTEE ON FOREIGN RELATIONS Reviewing Authorities for the Use of Military Force Wednesday, July 24, 2019 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848943 Date: 09/21/2021 BS B6 STATE-19-0648-D-000082 CO 6 8 4 8 9 8 O'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848980 Date: 09/21/2021 From: Sent: Mon, 22 Jul 2019 15:23:57 +0000 To: Subject: RE: Transmitting testimony to 0MB RELEASE IN PART 85,86 Attach: String SFRC Testimony L Edits 7 22 2019 (006) + CD Edits.docx ~--------~Please see~I -~rote on page 3. Thank you! Official UNCLASSIFIED From: Sent: Monday, July 22, ~----------~ 2019 9:13 AM To: ~------------------------------~ Subject: RE: Transmitting testimony to 0MB □- Thanks again for sending, ~--~ Pl ease see atta~c~h-ed~.~D~o_y_o_u_w_a_n_t_m_e_t_o_r_e--ru_n_b u~i~ld~in_g_c~le-a-ra_n_ce_s_, -o-r w~i 11-t~ha-t~b-e~h_a_n~d l~e~d ~in-~ I the 0MB process? Best, Official UNCLASSIFIED From: Sent: Sunday, July 21, 2019 7:15 PM To: ~--------------------------~ Subject: Transmitting testimony to 0MB UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848980 Date: 09/21/2021 B6 B5 B6 B5 B6 B6 B5 STATE-19-0648-D-000083 CO 6 8 4 8 9 8 O ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848980 Date: 09/21/2021 Please note: when I opened the tracked changes file up on my iPhone, it did not reflect all the tracked changes and in some instances it made it appear as if there are multiple typos. As such, I have attached a clean copy, in addition to the one with tracked changes. Please take a look at the edits and let us know your thoughts. I think it would be fine if we send to 0MB first thing tomorrow if folks cannot accurately view this on mobile devices. Thanks, CJ UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848980 Date: 09/21/2021 86 STATE-19-0648-D-000084 CO 6 8 4 9 O O 6'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06849006 Date: 09/21/2021 From: Sent: Fri, 19 Jul 2019 13:05:11 +0000 To: Subject: Re: Travel to the Hill RELEASE IN PART 85,86 Thanks. I'll wait on testimony so I can focus properly. If you have something new over the weekend please send it along. Sent from my BlackBerry 10 smartphone. From: =---c--c-~~-=------= Sent: Friday, July 19, 2019 8:51 AM To:~---~ Subject: RE: Travel to the Hill The current draft of testimony for next week is attached. Welcome your views, but it can also wait until you return as we will have a new draft by then. Best, Official UNCLASSIFIED From: ~----------~ Sent: Friday, July 19, 2019 8:39 AM To ~----------~ Subject: Re: Travel to the Hill Sent from my BlackBerry 10 smartphone. From:! l Sent: Thursday, Jul~ 18, 2019 11:57 AM To: String, Marik A; f Dorosin, Joshua L Cc: '-=--1 -~~---'- Subject: RE: Travel to the Hill Yes, will do. Best, UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06849006 Date: 09/21/2021 B6 B5 B6 B5 B6 STATE-19-0648-D-000085 CO 6 8 4 9 O O 6'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06849006 Date: 09/21/2021 Official - Transitory UNCLASSIFIED From: String, Marik A Sent: Thursday, July 18, 2019 11:29 AM Dorosin, Joshua L ; D i========r=====~ ------ To: cc~ ~ ~------------ Subject: RE: Travel to the Hill Thanks, does DOD also have the latest times/room numbers? ~-~ copies of the letter to the Chairman that we sent a couple weeks ago. Official - Transitory UNCLASSIFIED From: ~--------------~ Sent: Thursday, July 18, 2019 11:18 AM could you also bring 20 or so To: String, Marik A 4 r; Dorosin, Joshua L < ; ~-----~ Subject: RE: QFR Tasker: H20190716QFR201 Hook- Deutch 1-13 □- Please find the Deutch QFRs tasked to L, attached. Best, Official UNCLASSIFIED - To: H_Tasking-L ; H_Tasking-CT ; H_Tasking-NEA ; SSPEHA ----;==::::::====::===-------------~ Cc: QFR_NOMS ; Thanks, UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06849949 Date: 11/02/2021 86 STATE-19-0648-E-000058 CO 6 8 4 9 9 4 9·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06849949 Date: 11/02/2021 From: Abusch, Aviva ~----------~ Sent: Wednesday, July 24, 2019 10:00 AM To:.~-~---~------~-~-~ Subject: RE: Questions for the Record for Mr. Brian Hook from Reps. Ted Deutch, Colin Allred, and Brad Sherman Hello This is a reminder that the Subcommittee would like to receive your response to Representatives Ted Deutch, Colin Allred, and Brad Sherman's questions for the record by today, July 24th, at 6:00pm. Please let me know by then if you need additional time to respond. Thank you again for your testimony, and let me know if you have any questions. Best, Aviva Abusch I Staff Associate Subcommittee on the Middle East, North Africa, and International Terrorism House Committee on Foreign Affairs Congressman Ted Deutch (FL-22), Chairman From=~~---~~----~ Sent: Tuesday, July 16, 2019 3:03 PM To: H_Tasking-CT ; H_Tasking-L ; H_Tasking-DS ; H_Tasking-NEA Cc: QFR_NOMS ; Subject: QFR Tasker: H20190716QFR201 Hook- Deutch 1-13 Colleagues, Attached are Questions for the Record from Representative Ted Deutch following the June 19, 2019, House Foreign Affairs Committee Hearing, for which Senior Policy Advisor to the Secretary of State Brian Hook testified: UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06849949 Date: 11/02/2021 B6 B6 STATE-19-0648-E-000059 CO 6 8 4 9 9 4 9·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06849949 Date: 11/02/2021 Sincerely, Official UNCLASSIFIED UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06849949 Date: 11/02/2021 B6 STATE-19-0648-E-000060 CO 6 8 4 9 9 5 6:IED U.S. Department of State Case No. F-2019-06548 Doc No. C06849956 Date: 11/02/2021 Question 1: Questions for the Record Submitted to Senior Policy Adviser to the Secretary Brian Hook by Representative Ted Deutch (#1-7, 9) House Foreign Affairs Committee June 19, 2019 RELEASE IN PART B5,B6 During our June 19 hearing, I asked whether the Administration believes it has the authority to launch military action against Iran, specifically under the 2001 Authorization for Use of Military Force (AUMF). Mr. Hook replied, "this is something the Office of the Legal Counsel can get you an opinion on if you'd like to submit it." Does the Administration believe the 2001 AUMF authorizes use of force against Iran, yes or no? Answer 1: 1 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06849956 Date: 11/02/2021 85 STATE-19-0648-E-000061 CO 6 8 4 9 9 5 6:IED U.S. Department of State Case No. F-2019-06548 Doc No. C06849956 Date: 11/02/2021 Questions for the Record Submitted to Senior Policy Adviser to the Secretary Brian Hook by House Foreign Affairs Committee Junl~ 1911 2019 Question 2: If yes, what is the basis or legal standing for the 2001 AUMF to serve as a valid justification for such military action? Answer 2: 2 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06849956 Date: 11/02/2021 85 STATE-19-0648-E-000062 CO 6 8 4 9 9 5 6:IED U.S. Department of State Case No. F-2019-06548 Doc No. C06849956 Date: 11/02/2021 Questions for the Record Submitted to Senior Policy Adviser to the Secretary Brian Hook by House Foreign Affairs Committee Junl~ 1911 2019 Question 3: Does the Administration believe that Iran is an "associated force" of al-Qaeda? Answer 3: 3 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06849956 Date: 11/02/2021 B5 STATE-19-0648-E-000063 CO 6 8 4 9 9 5 6:IED U.S. Department of State Case No. F-2019-06548 Doc No. C06849956 Date: 11/02/2021 Questions for the Record Submitted to Senior Policy Adviser to the Secretary Brian Hook by House Foreign Affairs Committee Junl~ 1911 2019 Question 4: Does the Administration consider the 2002 AUMF, which authorized U.S. military action in Iraq, to be a valid basis for U.S. military action against Iran in Iraq or elsewhere? Answer 4: 4 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06849956 Date: 11/02/2021 B5 STATE-19-0648-E-000064 CO 6 8 4 9 9 5 6:IED U.S. Department of State Case No. F-2019-06548 Doc No. C06849956 Date: 11/02/2021 Questions for the Record Submitted to Senior Policy Adviser to the Secretary Brian Hook by House Foreign Affairs Committee Junl~ 1911 2019 Question 5: If yes, what is the basis or legal standing for the 2002 AUMF to serve as a valid justification for such military actions? Answer 5: 5 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06849956 Date: 11/02/2021 85 STATE-19-0648-E-000065 CO 6 8 4 9 9 5 6:IED U.S. Department of State Case No. F-2019-06548 Doc No. C06849956 Date: 11/02/2021 Questions for the Record Submitted to Senior Policy Adviser to the Secretary Brian Hook by House Foreign Affairs Committee Junl~ 1911 2019 Question 6: Does the Administration believe it currently has the authorities to conduct military operations against Iran? Yes or no? Answer 6: 6 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06849956 Date: 11/02/2021 85 STATE-19-0648-E-000066 CO 6 8 4 9 9 5 6:IED U.S. Department of State Case No. F-2019-06548 Doc No. C06849956 Date: 11/02/2021 Questions for the Record Submitted to Senior Policy Adviser to the Secretary Brian Hook by House Foreign Affairs Committee Junl~ 1911 2019 Question 7: Will the Administration commit to seeking explicit authorization from Congress before using military force against Iran? Answer 7: 7 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06849956 Date: 11/02/2021 85 STATE-19-0648-E-000067 CO 6 8 4 9 9 5 6:IED U.S. Department of State Case No. F-2019-06548 Doc No. C06849956 Date: 11/02/2021 Questions for the Record Submitted to Senior Policy Adviser to the Secretary Brian Hook by House Foreign Affairs Committee Junl~ 1911 2019 Question 9: Does the Administration view the IRGC FTO designation as a possible legal basis for U.S. military strikes against the IRGC? In your opinion, does it allow the Administration to cite the 2001 AUMF to take military action against the IRGC? Answer 9: 8 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06849956 Date: 11/02/2021 B5 STATE-19-0648-E-000068 CO 6 8 4 9 9 5 6:IED U.S. Department of State Case No. F-2019-06548 Doc No. C06849956 Date: 11/02/2021 Questions for the Record Submitted to Senior Policy Adviser to the Secretary Brian Hook by House Foreign Affairs Committee Junl~ 1911 2019 Cleared by: Drafted by: Cleared by: 9 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06849956 Date: 11/02/2021 B5 B6 STATE-19-0648-E-000069 CO 6 8 4 9 9 6 8'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06849968 Date: 11/02/2021 RELEASE IN PART B6 From: Sent: Mon, 22 Jul 2019 18:03:30 +0000 To: Subject: FW: AA/S Budget QAs- DUE COB TODAY Attach: Topic 25 Use of Force Against lran.docx, Topic 52 War Crimes Allegations.docx, Topic 54 New AUMF.docx One more L/AN 202-647-2007 From: ~-------------~ Sent: Thursday, June 7, 2018 10:12 AM To:~================-----------------~ Cc: Subject: RE: AA/S Budget QAs- DUE COB TODAY C==1 Apologies for the delay. I've attached response to topics 25, 52, and 54. Let us know if you have any questions. D Attorney-Adviser L/PM Office of the Legal Adviser United States Department of State Office Phone: ~------;c==='---------~ Unclassified email: Classified email: ~==============--~ CAUTION: Information contained in this message may be protected by the attorney/client, attorney work product, deliberative process or other privileges. Do not disseminate further without approval from the Office of the Legal Adviser. Official UNCLASSIFIED From: Sent: w·'--c--c-ed~n_e_s~da_y_,~Ju_n_e~0~6, 2018 9:13 AM To: NEA-LEV-DL; NEA-IRAN-DL; NEA-1-Clearances; NEA-ARP-DL; NEA-MAG-DL; NEA￾UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06849968 Date: 11/02/2021 86 STATE-19-0648-E-000070 CO 6 8 4 9 9 6 8 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06849968 Date: 11/02/2021 Egypt; NEA-IPA-DL; NEA Bureau Planners Cc:~--------------- NEA-RMA-CONGRESSIONAL-DL; NEA-Staff-Assistants-DL ',-- _________ ~ Subject: AA/S Budget QAs- DUE COB TODAY Importance: High Good Morning Colleagues: In preparation for Satterfield's budget hearing, attached is the tasker and template for individual offices to update recent QAs. If your QA does not need substantial updates, please feel free to send back without re-clearing. If your QAs are new, require substantive updates or expansion into detail, please re-clear with the usual D, P-NEA Duty, S/P, and H. These are due to NEA-RMA-Congressional by COB today. Please keep your responses succinct. Below are additional QAs that require drafting per interest from the committee: Is the U.S. guilty of war crimes in Yemen? ~------~ Are we pressing DoD to get clarity on plane refueling in ARP region? ~~ Lebanese elections outcomes (needed a strongly worded QA){ ] Iraqi elections outcomes (need a strongly worded QA)= Congressional Affairs Officer NEA/RM~A ___ _ Office: ',------s Mobile: UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06849968 Date: 11/02/2021 B6 B5 B5 STATE-19-0648-E-000071 CO 6 8 4 9 9 8 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06849983 Date: 11/02/2021 RELEASE IN PART B5,B6 Topic 54-Authorization for the Use of Military Force (AUMF) Q: What is the Administration's position on a new AUMF? A: UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06849983 Date: 11/02/2021 B5 STATE-19-0648-E-000072 CO 6 8 4 9 9 8 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06849983 Date: 11/02/2021 Approved: Drafted: Cleared: UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06849983 Date: 11/02/2021 85 86 STATE-19-0648-E-000073 CO 6 8 5 O O 2 4 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850024 Date: 11/02/2021 From: Sent: Thu, 25 Jul 2019 21:36:58 +0000 To: Subject: FW: Clearance by 7/26 at 12 PM: P SFRC Readout Attach: P SFRC Iran Hearing Readout.docx L/AN From: ~-------------~ Sent: Thursday, July 25, 2019 5:36 PM To: RELEASE IN PART B5,B6 ,__-------------~----------~ Cc: ~------------~ Subject: Clearance by 7 /26 at 12 PM: P SFRC Readout Good evening, I have attached a readout from yesterday's SFRC hearing with Pon AUMFs pertaining to Iran for your clearance by Friday 7/26 at noon. Thank you! Global and Congressional Affairs NEA/RMA Ext.I I Official UNCLASSIFIED UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850024 Date: 11/02/2021 B6 B5 B6 STATE-19-0648-E-000074 CO 6 8 5 O 4 6 o:IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850460 Date: 11/02/2021 From: Sent: Mon, 5 Aug 2019 17:47:10 +0000 To: WHA Migration;WHA-MEX Only;WHA-CEN Country Desk Officers Cc: ~---------~WHAStaffers;WHA-Paper RELEASE IN PART B5,B6 [DECONTROLLED! Subject: FW: CLEARANCE REQUEST by 3PM TODAY: For clearance by COB - QFRs for Marik String Attach: String Kaine QFRS 8 2 2019 (REVISED).docx, String Menendez QFRS 8 5 2019.docx +MWG Official - SBU UNCLASSIFIED From: WHAStaffers Sent: Monday, August 5, 2019 1:29 PM To: WHA-MEX Only ; WHA-CEN Country Desk Officers Cc:~------------~----~----------" WHAStaffers ; WHA-Paper Subject: CLEARANCE REQUEST by 3PM TODAY: For clearance by COB- QFRs for Marik String Colleagues￾Please see attached QFRs 14-23 for Acting Legal Adviser Marik String, from Senators Menendez and Kaine, for your clearance by 3PM. Please let us know any recommendations you have regarding WHA/FO clearances. Official - SBU UNCLASSIFIED From:~----------~ Sent: Monday, August 5, 2019 8:49 AM To: PM-AS-Staff-Assistants-DL ; P/AF Duty Officer r'============='---, -~-----~ ~-------~ · SCCI_Duty_Officer ; WHAStaffers ; ~-------------~DRL-PPD-Congressional Subject: For clearance by COB - QFRs for Marik String UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850460 Date: 11/02/2021 86 86 STATE-19-0648-E-000075 CO 6 8 5 O 4 6 O :IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850460 Date: 11/02/2021 All Attached for your clearance are two sets of QFRs for Acting Legal Adviser Marik String, from Senators Menendez and Kaine, largely relating to AUMF issues {with a sprinkling of other issues thrown in). Please send any edits or clearance by COB today. Many thanks, Official - SBU UNCLASSIFIED UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850460 Date: 11/02/2021 85 86 STATE-19-0648-E-000076 CO 6 8 5 O 4 61 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850461 Date: 11/02/2021 Question 1: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No.1) U.S. Senate Committee on Foreign Relations July 24, 2019 RELEASE IN PART B5,B6 Is the Administration relying upon the 2002 AUMF as the sole legal authority to hold any detainees? Answer 1: 1 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850461 Date: 11/02/2021 85 STATE-19-0648-E-000077 CO 6 8 5 O 4 61 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850461 Date: 11/02/2021 Question 2: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. 2) U.S. Senate Committee on Foreign Relations July 24, 2019 Is the Administration relying upon the 2002 AUMF as the sole legal authority for any current U.S. military operations? Answer 2: 2 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850461 Date: 11/02/2021 B5 STATE-19-0648-E-000078 CO 6 8 5 O 4 61 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850461 Date: 11/02/2021 Question 3: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. 3) U.S. Senate Committee on Foreign Relations July 24, 2019 Please describe what ongoing U.S. military operations would be harmed if the 2002 AUMF was repealed. Answer 3: 3 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850461 Date: 11/02/2021 B5 STATE-19-0648-E-000079 CO 6 8 5 O 4 61 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850461 Date: 11/02/2021 Question 4: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. 4) U.S. Senate Committee on Foreign Relations July 24, 2019 Does the Administration oppose the repeal of the 1991 AUMF for the Gulf War? What impact would this repeal have on any current policies or operations? Answer 4: 4 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850461 Date: 11/02/2021 85 STATE-19-0648-E-000080 CO 6 8 5 O 4 61 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850461 Date: 11/02/2021 Question 5: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. 5) U.S. Senate Committee on Foreign Relations July 24, 2019 Has the State Department been informed that any of the additional U.S. troops the President is sending to the Middle East will be deployed to Iraq? Answer 5: 5 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850461 Date: 11/02/2021 85 STATE-19-0648-E-000081 CO 6 8 5 O 4 61 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850461 Date: 11/02/2021 Question 6: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. 6) U.S. Senate Committee on Foreign Relations July 24, 2019 Has the State Department been informed that part of the U.S. military mission in Iraq is to "watch Iran?" Answer 6: 6 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850461 Date: 11/02/2021 B5 STATE-19-0648-E-000082 CO 6 8 5 O 4 61 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850461 Date: 11/02/2021 Question 7: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. 7) U.S. Senate Committee on Foreign Relations July 24, 2019 What impact would basing U.S. forces in Iraq to focus on a counter-Iran mission have on our bilateral relationship? Answer 7: 7 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850461 Date: 11/02/2021 B5 STATE-19-0648-E-000083 CO 6 8 5 O 4 61 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850461 Date: 11/02/2021 Question 8: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. 8) U.S. Senate Committee on Foreign Relations July 24, 2019 Does the State Department believe that Iraq has consented to the conduct of counter-Iran activities by U.S. military personnel on its territory? Does the State Department believe that U.S. personnel can pursue those activities in Iraq without the Government oflraq's consent under international and U.S. domestic law? Answer 8: 8 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850461 Date: 11/02/2021 B5 STATE-19-0648-E-000084 CO 6 8 5 O 4 61 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850461 Date: 11/02/2021 Question 9: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. 9) U.S. Senate Committee on Foreign Relations July 24, 2019 Does the Department believe that the fact that a majority of both chambers of the current Congress oppose the use of military force against Iran-as reflected in the recent 50-40 vote in the Senate in support of S. Arndt. 883 to S. 1790 and the recent 251-170 vote in support of H. Arndt. 554 to H.R. 2500, both of which prohibited the use of funds for using military force against Iran absent congressional authorization, except in certain limited cases of self-defense￾demonstrates Congressional intent that should be considered when evaluating the scope of activities that could be initiated pursuant to any existing statutes, including the 1991, 200 I or 2002 AUMFs? Answer 9: 9 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850461 Date: 11/02/2021 85 STATE-19-0648-E-000085 CO 6 8 5 O 4 61 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850461 Date: 11/02/2021 Question 10: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. to) U.S. Senate Committee on Foreign Relations July 24, 2019 Does the Department believe that the following statement, which was included in the conference report for the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232), demonstrates Congressional intent that should be considered when evaluating the scope of activities that could be initiated pursuant to statutes that pre-date the conference report, including the 1991, 2001 and 2002 AUMFs? "The conferees note that nothing in this Act may be construed to authorize the use of the Anned Forces of the United State against Iran. At the time of the signing of this report, the conferees are not aware of any information that would justify the use of military force against Iran under any other statutory authority." Answer 10: 10 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850461 Date: 11/02/2021 85 STATE-19-0648-E-000086 CO 6 8 5 O 4 61 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850461 Date: 11/02/2021 Question 11: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. t 1) U.S. Senate Committee on Foreign Relations July 24, 2019 Will the Department eommit to factoring this Congressional intent into its current and future evaluations of the 1991, 2001 and 2002 statutes? Answer 11: 11 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850461 Date: 11/02/2021 85 STATE-19-0648-E-000087 CO 6 8 5 O 4 61 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850461 Date: 11/02/2021 Question 12: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Tim Kaine (No. 12) U.S. Senate Committee on Foreign Relations July 24, 2019 Does the Department believe that the executive branch is required to comply with its international legal obligations relating to the conduct of international and non-international arn1ed conflicts including those relating to jus ad bellum and jus in bello as a matter of U.S. domestic law? Answer 12: 12 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850461 Date: 11/02/2021 85 STATE-19-0648-E-000088 CO 6 8 5 O 4 61 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850461 Date: 11/02/2021 Approved by: Drafted by: Cleared by: 13 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850461 Date: 11/02/2021 B5 B6 STATE-19-0648-E-000089 CO 68504 62'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 Question 1: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 1) U.S. Senate Committee on Foreign Relations July 24, 2019 [RELEASE IN PART B5,B6[ Do you believe that the administration has any legal authorization to use military force against Iran beyond self-defense of U.S. Armed Forces and personnel in the region? What authorization provides such a justification? Will you commit to seeking Congressional authorization for any other military action against Iran? Answer 1: 1 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 85 STATE-19-0648-E-000090 CO 6 8 5 O 4 6 2 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 Question 2: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 2) U.S. Senate Committee on Foreign Relations July 24, 2019 Do you think it is neeessary for Congress to pass a new AUMF in order for this administration to enter into military eon:flict with Iran? Answer 2: 2 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 B5 STATE-19-0648-E-000091 CO 6 8 5 O 4 6 2 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 Question 3: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 3) U.S. Senate Committee on Foreign Relations July 24, 2019 In June of this year, the president asserted that he ordered-then called off-- a strike on Iran in response to the shooting down of an American aerial unmanned vehicle. He publicly stated that he called off the attack because he didn't see it as "proportionate". a. Under what authority did the legal advisor determine the President was able to order this strike? b. Was there concurrence between the State Department, the Defense Department, and the DOJ Office of Legal Counsel? c. Was there a written opinion? d. Would the A UMF apply to the shooting down of an unmanned vehicle? Answer 3: 3 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 B5 STATE-19-0648-E-000092 CO 6 8 5 O 4 6 2 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 Question 4: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 4) U.S. Senate Committee on Foreign Relations July 24, 2019 If you believe that the President has sufficient legal authority to engage in combat with Iran, what are the limits of such authority in terms of what types of military operations he can conduct? For example, would he be able to order airstrikes against targets in or around Tehran that were not involved in any direct attack on U.S. persons, property, or military forces? On Iranian nuclear-related sites? Answer 4: 4 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 85 STATE-19-0648-E-000093 CO 6 8 5 O 4 6 2 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 Question 5: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 5) U.S. Senate Committee on Foreign Relations July 24, 2019 The 2001 AUMF has operated as the legal justification for myriad conflicts over the past seventeen years. Originally intended to target those responsible for the September 11 terrorist attacks, it is now used as a veritable blank check to prosecute combat operations around the globe. a. How does the 2001 AUMF apply to current combat operations in Middle East? b. How has the '"associated forces" clause in the 2001 AUMF affected our ability to properly target enemies and eombat terrorism? c. What limitations to do you see on the Administration's assertion that the 2001 AUMF authorizes the United States to act in self-defense of partner forces? What if such "self￾defense" actions risked hostilities between the United States and another country ( e.g. Turkey, Russia, or Syria) - would the Administration view such "self-defense" as authorized by the 2001 AUMF? Answer 5: 5 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 85 STATE-19-0648-E-000094 CO 6 8 5 O 4 6 2 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 B5 6 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 STATE-19-0648-E-000095 CO 6 8 5 O 4 6 2 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 Question 6: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 6) lJ.S. Senate Committee on Foreign Relations July 24, 2019 One of the key concerns that many in this body have noted about the 2001 AUMF is its lack ofa sunset provision that would provide a definitive end date for combat operations. a. Hmv do you think the lack of sunset provision in the 2001 AUMF has affected U.S. combat operations? How has it affected other nation's perception of U.S. combat operations? b. Do you believe such sunset provisions are beneficial to an AUMF? Answer 6: 7 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 B5 STATE-19-0648-E-000096 CO 6 8 5 O 4 6 2 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 Question 7: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 7) U.S. Senate Committee on Foreign Relations July 24, 2019 National Security Advisor John Bolton stated in June that the U.S. is expanding offensive eyber operations in order to counter digital economic espionage and other commercial issues. These comments followed on the continued empowering of the executive branch, whether via the Cyber Strategy or new National Security Presidential Memorandum 13, to prosecute offensive cyber operations in order to "defend forward." However, these operations put forth the question of what actions require Congressional approval. a. Please describe the types of cyber operations that the Administration would anticipate reporting pursuant to section 4 of the War Powers Resolution. b. Does the United States currently rely on either the 2001 or 2002 AUMFs as a statutory basis for cyber operations? e. What types of operations you believe require congressional authorization, and which ones do you believe fall below such a threshold? d. Do the operations that the U.S. is conducting to stop economic espionage in the digital domain require an authorization, in your estimation? e. What kinds of limits should a cyber AUMF place on US actions in the digital domain? Should such an AUMF stretch beyond the digital domain and constrain actions in the physical world? Answer 7: 8 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 85 STATE-19-0648-E-000097 CO 6 8 5 O 4 6 2 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 Question 8: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 8) U.S. Senate Committee on Foreign Relations July 24, 2019 The United States remains a key protector of human rights and individual freedoms around the globe. Any AUMF must keep in mind the role the U.S. plays in protecting these rights. a. Do you believe that human rights should play a role in AUMFs, and what role should they play in an AUMF that specifically targets terrorists? b. What mechanisms can Congress institute to help ensure that human rights remain at the center of a new AUMF? Answer 8: 9 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 85 STATE-19-0648-E-000098 CO 6 8 5 O 4 6 2 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 Question 9: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 9) U.S. Senate Committee on Foreign Relations July 24, 2019 In recent years, it seems that the Executive Branch has more frequently resorted to the use of force absent an AUMF or declaration of war. I think it is important for everyone to remember that declaring war and authorizing the use of force is a Constitutional role vested in Congress, and in this committee in particular. How, in your view, has the power to prosecute a conflict changed over the last several decades? Do you believe that there has been less transparency by the Executive Branch regarding conflicts? What are the constraints on Article II authority that you see? Answer 9: 10 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 85 STATE-19-0648-E-000099 CO 6 8 5 O 4 6 2 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 B5 11 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 STATE-19-0648-E-000100 CO 6 8 5 O 4 6 2 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 Question 10: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 10) U.S. Senate Committee on Foreign Relations July 24, 2019 What do you believe is the proper balance between providing the President with the tools needed to respond to emergencies with Congress's role of being the body to declare war? Answer 10: 12 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 85 STATE-19-0648-E-000101 CO 6 8 5 O 4 6 2 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 B5 13 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 STATE-19-0648-E-000102 CO 6 8 5 O 4 6 2 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 Question 11: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 11) U.S. Senate Committee on Foreign Relations July 24, 2019 When is Congressional engagement neeessary in the use of force? Answer 11: 14 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 B5 STATE-19-0648-E-000103 CO 6 8 5 O 4 6 2 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 Question 12: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 12) U.S. Senate Committee on Foreign Relations July 24, 2019 Section 36( c )(2) of the AECA specifically says "if the President states in his certification that an emergency exists ... thus waiving the requirements of subparagraphs (A) and (B) ... " but the commercial sales were under subparagraph (C). a. What is the Office of Legal Advisor's legal analysis of this provision? How does it conclude that the Secretary had the legal authority to use this provision with regard to the 13 direct commercial sales to Saudi Arabia and the UAE that he included in his May 24, 2019 emergency determination? b. What is the justification for invoking an emergency declaration, when the plain language of the statute does not say that there is such an authority for commercial sales? c. If your argument is that Congress erred when it amended that provision in 2002, please provide the evidentiary basis for that contention, including how you dete1111ined Congressional intent by citing the Congressional reports or statements that buttress your position. d. If your argument is that Congress erred when it amended that provision in 2002, is there not a legal doctrine of interpretation of law that states, basically, that a provision of law that has remained unchallenged for years or has not been the subject of attempts to correct, then that provision of law should be followed according to the plain-letter meaning? If so, why did the Office of Legal Advisor not use this doctrine of interpretation? Does the Ofiice of Legal Advisor apply this doctrine of legal interpretation in other situations? Answer 12: 15 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 B5 STATE-19-0648-E-000104 CO 6 8 5 O 4 6 2 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 Question 13: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 13) U.S. Senate Committee on Foreign Relations July 24, 2019 Did you, or did anyone in the office of the Legal Adviser, produce a written legal analysis, determination, or recommendation that the Secretary of State had the authority to invoke an emergency certification? If so, will the State Department provide a copy of that written or any related legal analysis, determination and/or recommendation to the Committee? If not, what legal privilege is State claiming to exercise that prevents it, or enables it, from providing such written legal analysis, determination and/or recommendation to the Committee - the Committee of oversight for the Department and for these issues? Answer 13: 16 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 85 STATE-19-0648-E-000105 CO 6 8 5 O 4 6 2 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 Question 14: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 14) U.S. Senate Committee on Foreign Relations July 24, 2019 Mr. String, is the U.S. Mexico Joint Declaration binding for purposes of international law? a. As you know, I have asked variations on this question numerous times. Why has the Department been so reluctant to answer my basic questions about this? b. As a legal expert on international instruments, how would you characterize this agreement? Answer 14: 17 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 B5 STATE-19-0648-E-000106 CO 6 8 5 O 4 6 2 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 Question 15: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 15) U.S. Senate Committee on Foreign Relations July 24, 2019 At the hearing, you stated that the U.S.-Mexico Declaration was "an important authoritative agreement that's been agreed to." What do you mean by an "'important authoritative agreement"? a. Does an "authoritative agreement" impose any obligations on either country? If so, what obligations? b. Is such an agreement binding for purposes of international law? Answer 15: 18 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 B5 STATE-19-0648-E-000107 CO 6 8 5 O 4 6 2 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 Question 16: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 16) U.S. Senate Committee on Foreign Relations July 24, 2019 What is your understanding of how the President views the U.S. Mexico Joint Declaration, in terms of whether it imposes obligations on Mexico or the United States? Have you or has the Department briefed the President on the Joint Declaration? Answer 16: 19 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 85 STATE-19-0648-E-000108 CO 6 8 5 O 4 6 2 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 Question 17: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 17) U.S. Senate Committee on Foreign Relations July 24, 2019 Your answers at the hearing seemed to indicate that there are ongoing discussions with Mexieo about other or related agreements. Can you clarify? What are the status of those? Are they intended to impose binding obligations for purposes of international law on each country? Answer 17: 20 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 85 STATE-19-0648-E-000109 CO 6 8 5 O 4 6 2 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 Question 18: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 18) U.S. Senate Committee on Foreign Relations July 24, 2019 You stated that the executive branch was still considering whether the U .S.-Mexieo Joint Declaration would be reported under the Case Act. Please provide an update of those discussions and the factors relevant to whether the Administration will do so. Answer 18: 21 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 85 STATE-19-0648-E-000110 CO 6 8 5 O 4 6 2 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 Question 19: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 19) U.S. Senate Committee on Foreign Relations July 24, 2019 Beyond the Joint Deelaration-which appears to be just a statement by two parties-and the supplementary agreement, which on its face doesn't create any binding obligations, has the U.S. and Mexico entered into any other commitments or agreements related to migration? Any others that were supposedly to resolve the tariff threats? How would you characterize those agreements and when will this Committee receive copies? Answer 19: 22 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 B5 STATE-19-0648-E-000111 CO 6 8 5 O 4 6 2 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 Question 20: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 20) U.S. Senate Committee on Foreign Relations July 24, 2019 The U.S. also reportedly recently entered into an agreement with Guatemala on migration issues. What was agreed to? Is there a written document? When will you provide any such documents to the Committee? Answer 20: 23 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 B5 STATE-19-0648-E-000112 CO 6 8 5 O 4 6 2 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 Question 21: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 21) U.S. Senate Committee on Foreign Relations July 24, 2019 Has the Department conducted its own assessment of whether Guatemala can serve as a safe third country under U.S. law? What was the result of that assessment? Answer 21: 24 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 B5 STATE-19-0648-E-000113 CO 6 8 5 O 4 6 2 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 Question 22: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 22) U.S. Senate Committee on Foreign Relations July 24, 2019 Has the Department provided a recommendation to the White House as to whether Guatemala can serve as a safe third country under U.S. law? What was that recommendation? Answer 22: 25 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 85 STATE-19-0648-E-000114 CO 6 8 5 O 4 6 2 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 Question 23: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 23) U.S. Senate Committee on Foreign Relations July 24, 2019 In the current or previous Administrations, has the Office of the Legal Adviser analyzed the legality under international law of U.S. support for Saudi Arabia's prosecution of the conflict in Yemen (to include arms sales, logistical and intelligence support)? If yes, please indicate whether any such analysis resulted in the conclusion that U.S. officials or personnel participating in such activities would be exposed to charges of war crimes? Please provide any such analyses in unclassified form, to the extent possible, or in a classified format. Answer 23: 26 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 BS STATE-19-0648-E-000115 CO 6 8 5 O 4 6 2 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 Question 24: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 24) U.S. Senate Committee on Foreign Relations July 24, 2019 As you know, the Global Magnitsky Human Rights Accountability Act requires the President, upon receipt of a request from the Chairman and Ranking Member of the Senate Committee on Foreign Relations, to determine whether a foreign person is responsible for an extrajudicial killing, torture, or other gross violation of internationally recognized human rights against an individual exercising freedom of expression, and report to the Committee within 120 days with a determination and a decision on the imposition of sanctions on that foreign person or persons. Last year, Senator Menendez, as the Ranking Member of the Senate Foreign Relations Committee, along with then Chairman Bob Corker made such a request with respect to Saudis involved in the Khashoggi murder, including specifically Crown Prince Mohammed bin Salman. Yet the Administration has not made such a determination. a. Why has the administration not made the determination as required by statute? b. Did the Department make a legal assessment regarding its obligation to submit a report to the Chairman and Ranking Member of the Senate Foreign Relations Committee pursuant to section 1263(d) of the Global Magnitsky Act? If so, what did that assessment conclude? c. Is the Department engaged in its own effort or supporting the efforts of other U.S. government agencies to uncover all of the perpetrators of Khashoggi's murder, including those who ordered, directed, or otherwise controlled the murder? If so, what is the status of that investigation and who is leading it? If not, why not? Answer 24: 27 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 B5 STATE-19-0648-E-000116 CO 6 8 5 O 4 6 2 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 85 28 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 STATE-19-0648-E-000117 CO 6 8 5 O 4 6 2 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 Approved by: Drafted by: Cleared by: 29 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850462 Date: 11/02/2021 85 86 STATE-19-0648-E-000118 CO 6 8 5 O 4 6 9·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850469 Date: 11/02/2021 RELEASE IN PART B6 From: Sent: Fri, 26 Jul 2019 16:23:26 +0000 To: Cc: Subject: FW: FLASH CLEARANCE: P SFRC 7 /24 Readout Attach: P SFRC Iran Hearing Readout.docx I t do you want to review this (since you were there)?c=]- I'm crashing on something, so can you ancl !coordinate on anything for L/AN? From: Sent:F '=-r~id~a-y,-J-u~ly_2_6_, 2~0~1-9_1_2-:2_1_P~M-----~ To: ~-------------------------~ Subject: FLASH CLEARANCE: P SFRC 7 /24 Readout Good morning, I have attached a readout from the July 24 SFRC hearing with Pon AUMFs pertaining to Iran for your review. If you could please clear this by today at 2:30 pm, I would greatly appreciate it! Since the hearing was a couple days ago, we're hoping to send this out by COB. Thank you! Global and Congressional Affairs NEA/RMA Ext.~-~ Official UNCLASSIFIED UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850469 Date: 11/02/2021 86 STATE-19-0648-E-000119 CO 6 8 5 O 4 7 6'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850476 Date: 11/02/2021 I From: Sent: Mon, 5 Aug 2019 14:54:25 +0000 To: Subject: FW: For clearance by COB - QFRs for Marik String RELEASE IN PART B5,B6 [DECONTROLLEDJ Attach: String Kaine QFRS 8 2 2019 (REVISED).docx, String Menendez QFRS 8 5 2019.docx Clear for S/P but would note one typo on Menendez answer #8 - "robligations" Office of Policy Planning (S/P) U.S. Department of State Desk:I I Cell: Official - SBU UNCLASSIFIED From: ~------------~ Sent: Monday, August 5, 2019 9:39 AM To: Subject: FW: For clearance by COB - QFRs for Marik String D I believe this is, for the most part, in your H, L, and PRM portfolios. Best, Official - SBU UNCLASSIFIED From: ~----------~ Sent: Monday, August 5, 2019 8:49 AM To:I I PM-AS-Staff-Assistants-DL :I I IP/ AF Duty Officer ; I I ,__ _______ ,_____,ISCCI Duty Officer ; WHAStaffers j I DRL-PPD-Congressional Subject: For clearance by COB - QFRs for Marik String UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850476 Date: 11/02/2021 85 86 86 86 86 STATE-19-0648-E-000120 CO 6 8 5 O 4 7 6'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850476 Date: 11/02/2021 All -Attached for your clearance are two sets of QFRs for Acting Legal Adviser Marik String, from Senators Menendez and Kaine, largely relating to AUMF issues (with a sprinkling of other issues thrown in). Please send any edits or clearance by COB today. Many thanks, Official - SBU UNCLASSIFIED UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850476 Date: 11/02/2021 B5 B6 STATE-19-0648-E-000121 CO 6 8 5 O 4 7 8'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 Question 1: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 1) U.S. Senate Committee on Foreign Relations July 24, 2019 [RELEASE IN PART B5,B6[ Do you believe that the administration has any legal authorization to use military force against Iran beyond self-defense of U.S. Armed Forces and personnel in the region? What authorization provides such a justification? Will you commit to seeking Congressional authorization for any other military action against Iran? Answer 1: 1 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 85 STATE-19-0648-E-000122 CO 6 8 5 O 4 7 8 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 Question 2: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 2) U.S. Senate Committee on Foreign Relations July 24, 2019 Do you think it is neeessary for Congress to pass a new AUMF in order for this administration to enter into military eon:flict with Iran? Answer 2: 2 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 85 STATE-19-0648-E-000123 CO 6 8 5 O 4 7 8 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 Question 3: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 3) U.S. Senate Committee on Foreign Relations July 24, 2019 In June of this year, the president asserted that he ordered-then called off-- a strike on Iran in response to the shooting down of an American aerial unmanned vehicle. He publicly stated that he called off the attack because he didn't see it as "proportionate". a. Under what authority did the legal advisor determine the President was able to order this strike? b. Was there concurrence between the State Department, the Defense Department, and the DOJ Office of Legal Counsel? c. Was there a written opinion? d. Would the A UMF apply to the shooting down of an unmanned vehicle? Answer 3: 3 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 85 STATE-19-0648-E-000124 CO 6 8 5 O 4 7 8 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 Question 4: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 4) U.S. Senate Committee on Foreign Relations July 24, 2019 If you believe that the President has sufficient legal authority to engage in combat with Iran, what are the limits of such authority in terms of what types of military operations he can conduct? For example, would he be able to order airstrikes against targets in or around Tehran that were not involved in any direct attack on U.S. persons, property, or military forces? On Iranian nuclear-related sites? Answer 4: 4 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 B5 STATE-19-0648-E-000125 CO 6 8 5 O 4 7 8 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 Question 5: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 5) U.S. Senate Committee on Foreign Relations July 24, 2019 The 2001 AUMF has operated as the legal justification for myriad conflicts over the past seventeen years. Originally intended to target those responsible for the September 11 terrorist attacks, it is now used as a veritable blank check to prosecute combat operations around the globe. a. How does the 2001 AUMF apply to current combat operations in Middle East? b. How has the '"associated forces" clause in the 2001 AUMF affected our ability to properly target enemies and eombat terrorism? c. What limitations to do you see on the Administration's assertion that the 2001 AUMF authorizes the United States to act in self-defense of partner forces? What if such "self￾defense" actions risked hostilities between the United States and another country ( e.g. Turkey, Russia, or Syria) - would the Administration view such "self-defense" as authorized by the 2001 AUMF? Answer 5: 5 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 85 STATE-19-0648-E-000126 CO 6 8 5 O 4 7 8 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 85 6 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 STATE-19-0648-E-000127 CO 6 8 5 O 4 7 8 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 Question 6: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 6) lJ.S. Senate Committee on Foreign Relations July 24, 2019 One of the key concerns that many in this body have noted about the 2001 AUMF is its lack ofa sunset provision that would provide a definitive end date for combat operations. a. Hmv do you think the lack of sunset provision in the 2001 AUMF has affected U.S. combat operations? How has it affected other nation's perception of U.S. combat operations? b. Do you believe such sunset provisions are beneficial to an AUMF? Answer 6: 7 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 B5 STATE-19-0648-E-000128 CO 6 8 5 O 4 7 8 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 Question 7: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 7) U.S. Senate Committee on Foreign Relations July 24, 2019 National Security Advisor John Bolton stated in June that the U.S. is expanding offensive eyber operations in order to counter digital economic espionage and other commercial issues. These comments followed on the continued empowering of the executive branch, whether via the Cyber Strategy or new National Security Presidential Memorandum 13, to prosecute offensive cyber operations in order to "defend forward." However, these operations put forth the question of what actions require Congressional approval. a. Please describe the types of cyber operations that the Administration would anticipate reporting pursuant to section 4 of the War Powers Resolution. b. Does the United States currently rely on either the 2001 or 2002 AUMFs as a statutory basis for cyber operations? e. What types of operations you believe require congressional authorization, and which ones do you believe fall below such a threshold? d. Do the operations that the U.S. is conducting to stop economic espionage in the digital domain require an authorization, in your estimation? e. What kinds of limits should a cyber AUMF place on US actions in the digital domain? Should such an AUMF stretch beyond the digital domain and constrain actions in the physical world? Answer 7: 8 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 B5 STATE-19-0648-E-000129 CO 6 8 5 O 4 7 8 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 Question 8: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 8) U.S. Senate Committee on Foreign Relations July 24, 2019 The United States remains a key protector of human rights and individual freedoms around the globe. Any AUMF must keep in mind the role the U.S. plays in protecting these rights. a. Do you believe that human rights should play a role in AUMFs, and what role should they play in an AUMF that specifically targets terrorists? b. What mechanisms can Congress institute to help ensure that human rights remain at the center of a new AUMF? Answer 8: 9 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 B5 STATE-19-0648-E-000130 CO 6 8 5 O 4 7 8 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 Question 9: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 9) U.S. Senate Committee on Foreign Relations July 24, 2019 In recent years, it seems that the Executive Branch has more frequently resorted to the use of force absent an AUMF or declaration of war. I think it is important for everyone to remember that declaring war and authorizing the use of force is a Constitutional role vested in Congress, and in this committee in particular. How, in your view, has the power to prosecute a conflict changed over the last several decades? Do you believe that there has been less transparency by the Executive Branch regarding conflicts? What are the constraints on Article II authority that you see? Answer 9: 10 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 B5 STATE-19-0648-E-000131 CO 6 8 5 O 4 7 8 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 85 11 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 STATE-19-0648-E-000132 CO 6 8 5 O 4 7 8 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 Question 10: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 10) U.S. Senate Committee on Foreign Relations July 24, 2019 What do you believe is the proper balance between providing the President with the tools needed to respond to emergencies with Congress's role of being the body to declare war? Answer 10: 12 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 85 STATE-19-0648-E-000133 CO 6 8 5 O 4 7 8 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 B5 13 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 STATE-19-0648-E-000134 CO 6 8 5 O 4 7 8 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 Question 11: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 11) U.S. Senate Committee on Foreign Relations July 24, 2019 When is Congressional engagement neeessary in the use of force? Answer 11: 14 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 B5 STATE-19-0648-E-000135 CO 6 8 5 O 4 7 8 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 Question 12: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 12) U.S. Senate Committee on Foreign Relations July 24, 2019 Section 36( c )(2) of the AECA specifically says "if the President states in his certification that an emergency exists ... thus waiving the requirements of subparagraphs (A) and (B) ... " but the commercial sales were under subparagraph (C). a. What is the Office of Legal Advisor's legal analysis of this provision? How does it conclude that the Secretary had the legal authority to use this provision with regard to the 13 direct commercial sales to Saudi Arabia and the UAE that he included in his May 24, 2019 emergency determination? b. What is the justification for invoking an emergency declaration, when the plain language of the statute does not say that there is such an authority for commercial sales? c. If your argument is that Congress erred when it amended that provision in 2002, please provide the evidentiary basis for that contention, including how you dete1111ined Congressional intent by citing the Congressional reports or statements that buttress your position. d. If your argument is that Congress erred when it amended that provision in 2002, is there not a legal doctrine of interpretation of law that states, basically, that a provision of law that has remained unchallenged for years or has not been the subject of attempts to correct, then that provision of law should be followed according to the plain-letter meaning? If so, why did the Office of Legal Advisor not use this doctrine of interpretation? Does the Ofiice of Legal Advisor apply this doctrine of legal interpretation in other situations? Answer 12: 15 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 85 STATE-19-0648-E-000136 CO 6 8 5 O 4 7 8 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 Question 13: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 13) U.S. Senate Committee on Foreign Relations July 24, 2019 Did you, or did anyone in the office of the Legal Adviser, produce a written legal analysis, determination, or recommendation that the Secretary of State had the authority to invoke an emergency certification? If so, will the State Department provide a copy of that written or any related legal analysis, determination and/or recommendation to the Committee? If not, what legal privilege is State claiming to exercise that prevents it, or enables it, from providing such written legal analysis, determination and/or recommendation to the Committee - the Committee of oversight for the Department and for these issues? Answer 13: 16 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 85 STATE-19-0648-E-000137 CO 6 8 5 O 4 7 8 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 Question 14: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 14) U.S. Senate Committee on Foreign Relations July 24, 2019 Mr. String, is the U.S. Mexico Joint Declaration binding for purposes of international law? a. As you know, I have asked variations on this question numerous times. Why has the Department been so reluctant to answer my basic questions about this? b. As a legal expert on international instruments, how would you characterize this agreement? Answer 14: 17 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 B5 STATE-19-0648-E-000138 CO 6 8 5 O 4 7 8 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 Question 15: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 15) U.S. Senate Committee on Foreign Relations July 24, 2019 At the hearing, you stated that the U.S.-Mexico Declaration was "an important authoritative agreement that's been agreed to." What do you mean by an "'important authoritative agreement"? a. Does an "authoritative agreement" impose any obligations on either country? If so, what obligations? b. Is such an agreement binding for purposes of international law? Answer 15: 18 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 85 STATE-19-0648-E-000139 CO 6 8 5 O 4 7 8 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 Question 16: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 16) U.S. Senate Committee on Foreign Relations July 24, 2019 What is your understanding of how the President views the U.S. Mexico Joint Declaration, in terms of whether it imposes obligations on Mexico or the United States? Have you or has the Department briefed the President on the Joint Declaration? Answer 16: 19 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 B5 STATE-19-0648-E-000140 CO 6 8 5 O 4 7 8 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 Question 17: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 17) U.S. Senate Committee on Foreign Relations July 24, 2019 Your answers at the hearing seemed to indicate that there are ongoing discussions with Mexieo about other or related agreements. Can you clarify? What are the status of those? Are they intended to impose binding obligations for purposes of international law on each country? Answer 17: 20 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 B5 STATE-19-0648-E-000141 CO 6 8 5 O 4 7 8 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 Question 18: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 18) U.S. Senate Committee on Foreign Relations July 24, 2019 You stated that the executive branch was still considering whether the U .S.-Mexieo Joint Declaration would be reported under the Case Act. Please provide an update of those discussions and the factors relevant to whether the Administration will do so. Answer 18: 21 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 B5 STATE-19-0648-E-000142 CO 6 8 5 O 4 7 8 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 Question 19: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 19) U.S. Senate Committee on Foreign Relations July 24, 2019 Beyond the Joint Deelaration-which appears to be just a statement by two parties-and the supplementary agreement, which on its face doesn't create any binding obligations, has the U.S. and Mexico entered into any other commitments or agreements related to migration? Any others that were supposedly to resolve the tariff threats? How would you characterize those agreements and when will this Committee receive copies? Answer 19: 22 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 B5 STATE-19-0648-E-000143 CO 6 8 5 O 4 7 8 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 Question 20: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 20) U.S. Senate Committee on Foreign Relations July 24, 2019 The U.S. also reportedly recently entered into an agreement with Guatemala on migration issues. What was agreed to? Is there a written document? When will you provide any such documents to the Committee? Answer 20: 23 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 B5 STATE-19-0648-E-000144 CO 6 8 5 O 4 7 8 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 Question 21: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 21) U.S. Senate Committee on Foreign Relations July 24, 2019 Has the Department conducted its own assessment of whether Guatemala can serve as a safe third country under U.S. law? What was the result of that assessment? Answer 21: 24 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 85 STATE-19-0648-E-000145 CO 6 8 5 O 4 7 8 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 Question 22: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 22) U.S. Senate Committee on Foreign Relations July 24, 2019 Has the Department provided a recommendation to the White House as to whether Guatemala can serve as a safe third country under U.S. law? What was that recommendation? Answer 22: 25 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 B5 STATE-19-0648-E-000146 CO 6 8 5 O 4 7 8 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 Question 23: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 23) U.S. Senate Committee on Foreign Relations July 24, 2019 In the current or previous Administrations, has the Office of the Legal Adviser analyzed the legality under international law of U.S. support for Saudi Arabia's prosecution of the conflict in Yemen (to include arms sales, logistical and intelligence support)? If yes, please indicate whether any such analysis resulted in the conclusion that U.S. officials or personnel participating in such activities would be exposed to charges of war crimes? Please provide any such analyses in unclassified form, to the extent possible, or in a classified format. Answer 23: 26 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 85 STATE-19-0648-E-000147 CO 6 8 5 O 4 7 8 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 Question 24: Questions for the Record Submitted to Acting Legal Adviser Marik String by Senator Robert Menendez (No. 24) U.S. Senate Committee on Foreign Relations July 24, 2019 As you know, the Global Magnitsky Human Rights Accountability Act requires the President, upon receipt of a request from the Chairman and Ranking Member of the Senate Committee on Foreign Relations, to determine whether a foreign person is responsible for an extrajudicial killing, torture, or other gross violation of internationally recognized human rights against an individual exercising freedom of expression, and report to the Committee within 120 days with a determination and a decision on the imposition of sanctions on that foreign person or persons. Last year, Senator Menendez, as the Ranking Member of the Senate Foreign Relations Committee, along with then Chairman Bob Corker made such a request with respect to Saudis involved in the Khashoggi murder, including specifically Crown Prince Mohammed bin Salman. Yet the Administration has not made such a determination. a. Why has the administration not made the determination as required by statute? b. Did the Department make a legal assessment regarding its obligation to submit a report to the Chairman and Ranking Member of the Senate Foreign Relations Committee pursuant to section 1263(d) of the Global Magnitsky Act? If so, what did that assessment conclude? c. Is the Department engaged in its own effort or supporting the efforts of other U.S. government agencies to uncover all of the perpetrators of Khashoggi's murder, including those who ordered, directed, or otherwise controlled the murder? If so, what is the status of that investigation and who is leading it? If not, why not? Answer 24: 27 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 B5 STATE-19-0648-E-000148 CO 6 8 5 O 4 7 8 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 85 28 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 STATE-19-0648-E-000149 CO 6 8 5 O 4 7 8 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 Approved by: Drafted by: Cleared by: 29 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850478 Date: 11/02/2021 B5 B6 STATE-19-0648-E-000150 CO 6 8 5 O 4 7 9·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850479 Date: 11/02/2021 RELEASE IN PART B5,B6 From: Sent: Mon, 22 Jul 2019 14:17:20 +0000 To: Cc: Subject: FW: For clearance by COB Monday - Hard QA Attach: AUMF Testimony Hard QA 7 19 2019.docx CT is looking at this now, but adding INR's~----------------~He'II want to review that portion carefully. I I From:I Sent: M'---s-o-n-a~a-y,~J~ul~y=2~2,~2=0~19~10~:0=2~A~M~-~ To:I ~-----------------------~CT_StaffAssistants ; PM-AS-Staff-Assistants-DL ; Cc:~---------------~ Subject: RE: For clearance by COB Monday - Hard QA My edits and comments are attached. L/AN From: ~----------~ Sent: Saturday, July 20, 2019 4:04 PM To: Thanks ~--------------------------~CT_StaffAssistants ; PM-AS-Staff-Assistants-DL ; Cc: ~--------------- Subject: For clearance by COB Monday - Hard QA All -Attached for your clearance is a hard QA document for Marik String's appearance before the SFRC on Wednesday re: Iran and the AUMF.~--------------------- Best, UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850479 Date: 11/02/2021 86 85 86 85 86 STATE-19-0648-E-000151 CO 6 8 5 O 4 7 9·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850479 Date: 11/02/2021 Official UNCLASSIFIED UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850479 Date: 11/02/2021 STATE-19-0648-E-000152 CO 6850500'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850500 Date: 11/02/2021 From: Sent: Mon, 22 Jul 2019 19:36:41 +0000 To: Subject: FW: For clearance by COB Monday - Hard QA Hi I I coincidentally, Official UNCLASSIFIED From: ~----------~ Sent: Monday, July 22, 2019 3:31 PM To: RELEASE IN PART B5,B6 ~~---~~CT_StaffAssistants ; PM-AS-Staff-Assistants-DL

; Cc: ~--------------~ Subject: RE: For clearance by COB Monday - Hard QA I￾Best, Official UNCLASSIFIED From: 'c---c--~-~~~~~~~----~ Sent: Monday, July 22, 2019 3:24 PM To:I '-----------~ CT_StaffAssistants ; PM-AS-Staff-Assistants-DL Cc: '--------------------~ Subject: RE: For clearance by COB Monday - Hard QA Clear for SIAG with minor edit Official UNCLASSIFIED UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850500 Date: 11/02/2021 85 85 86 85 86 STATE-19-0648-E-000153 CO 6 8 5 O 5 O O 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850500 Date: 11/02/2021 From: ~-----------~ Sent: Monday, July 22, 2019 12:12 PM To:I ~------------------------------"CT_StaffAssistants ; PM-AS-Staff-Assistants-DL ; Cc: ~---------------~ Subject: RE: For clearance by COB Monday Hard QA And, for this same group, please clear the Hard QAs just tasked to L this morning for P's participation in the same hearing, no later than 4 PM. Best, Official UNCLASSIFIED From: ~---------------~ Sent: Monday, July 22, 2019 12:06 PM To:I ~-------~------~-----~ CT_StaffAssistants ; PM-AS-Staff-Assistants-DL ; Cc:~---------------- Subject: RE: For clearance by COB Monday - Hard QA Still good for S/P. Clear . ....... .. .. .. ------------ Member, Policy Planning Staff (S/P) Official UNCLASSIFIED From: ~-----------~ Sent: Monday, July 22, 2019 9:41 AM To:I I I ICT_StaffAssistants ; PM-AS-Staff-Assistants-DL ; Cc: ~---------------~ Subject: RE: For clearance by COB Monday Hard QA UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850500 Date: 11/02/2021 86 STATE-19-0648-E-000154 CO 6 8 5 O 5 O O 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850500 Date: 11/02/2021 All-And, attached is a revised (and shortened!) version of Marik's testimony.~-------- Thanks, Official UNCLASSIFIED From: ~---~ Sent: Saturday, July 20, 2019 4:04 PM To:I ~--~--~===-===~~~----==-===->' CT_StaffAssistants ; PM-AS-Staff-Assistants-DL ; Cc: ~--------------~ Subject: For clearance by COB Monday Hard QA All -Attached for your clearance is a hard QA document for Marik String's appearance before the SFRC 85 86 on Wednesday re: Iran and the AUMF.I I 85 Best, 86 Official UN CLASSIFIED UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850500 Date: 11/02/2021 STATE-19-0648-E-000155 CO 6 8 5 O 5 6 5 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850565 Date: 11/02/2021 Questions For the Record Senate Foreign Relations Committee Hearing "Reviewing Authorities for the Use of Military Force" Ranking Member Robert Menendez July 24, 2019 Questions for Acting Legal Advisor String Iran 1. Do you believe that the administration has any legal authorization to use military force against Iran beyond self-defense of U.S. Armed Forces and personnel in the region? What authorization provides such a justification? Will you commit to seeking Congressional authorization for any other military action against Iran? 2. Do you think it is necessary for Congress to pass a new AUMF in order for this administration to enter into military conflict with Iran? 3. In June of this year, the president asserted that he ordered-then called off- a strike on Iran in response to the shooting down of an American aerial unmanned vehicle. He publicly stated that he called off the attack because he didn't see it as "proportionate". a. Under what authority did the legal advisor determine the President was able to order this strike? b. Was there concurrence between the State Department, the Defense Department, and the DOJ Office of Legal Counsel? c. Was there a written opinion? d. Would the AUMF apply to the shooting down of an unmanned vehicle? 4. If you believe that the President has sufficient legal authority to engage in combat with Iran, what are the limits of such authority in terms of what types of military operations he can conduct? For example, would he be able to order airstrikes against targets in or around Tehran that were not involved in any direct attack on U.S. persons, property, or military forces? On Iranian nuclear-related sites? 1 RELEASE IN PART 85 B5 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850565 Date: 11/02/2021 STATE-19-0648-E-000156 CO 6 8 5 O 5 6 S'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850565 Date: 11/02/2021 Ongoing use of AUMFs 5. The 2001 AUMF has operated as the legal justification for myriad conflicts over the past seventeen years. Originally intended to target those responsible for the September 11 terrorist attacks, it is now used as a veritable blank check to prosecute combat operations around the globe. a. How does the 2001 AUMF apply to current combat operations in Middle East? b. How has the "associated forces" clause in the 2001 AUMF affected our ability to properly target enemies and combat terrorism? c. What limitations to do you see on the Administration's assertion that the 2001 AUMF authorizes the United States to act in self-defense of partner forces? What if such "self￾defense" actions risked hostilities between the United States and another country ( e.g. Turkey, Russia, or Syria) would the Administration view such "self-defense" as authorized by the 2001 AUMF? 6. One of the key concerns that many in this body have noted about the 200 I AUMF is its lack of a sunset provision that would provide a definitive end date for combat operations. a. How do you think the lack of sunset provision in the 2001 AUMF has affected U.S. combat operations? How has it affected other nation's perception of U.S. combat operations? b. Do you believe such sunset provisions are beneficial to an AUMF? 2 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850565 Date: 11/02/2021 B5 STATE-19-0648-E-000157 CO 6 8 5 O 5 6 S'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850565 Date: 11/02/2021 AUMF and War Powers and Cyber 7. National Security Advisor John Bolton stated in June that the U.S. is expanding offensive cyber operations in order to counter digital economic espionage and other commercial issues. These comments followed on the continued empowering of the executive branch, whether via the Cyber Strategy or new National Security Presidential Memorandum 13, to prosecute offensive cyber operations in order to "defend forward." However, these operations put forth the question of what actions require Congressional approval. a. Please describe the types of cyber operations that the Administration would anticipate reporting pursuant to section 4 of the War Powers Resolution. b. Does the United States currently rely on either the 2001 or 2002 AUMFs as a statutory basis for cyber operations? c. What types of operations you believe require congressional authorization, and which ones do you believe fall below such a threshold? d. Do the operations that the U.S. is conducting to stop economic espionage in the digital domain require an authorization, in your estimation? e. What kinds oflimits should a cyber AUMF place on US actions in the digital domain? Should such an AUMF stretch beyond the digital domain and constrain actions in the physical world? Human Rights Issues within AUMF 8. The United States remains a key protector of human rights and individual freedoms around the globe. Any AUMF must keep in mind the role the U.S. plays in protecting these rights. a. Do you believe that human rights should play a role in AUMFs, and what role should they play in an AUMF that specifically targets terrorists? b. What mechanisms can Congress institute to help ensure that human rights remain at the center of a new AUMF? 3 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850565 Date: 11/02/2021 85 85 STATE-19-0648-E-000158 CO 6 8 5 O 5 6 S'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850565 Date: 11/02/2021 War Powers 9. In recent years, it seems that the Executive Branch has more frequently resorted to the use of force absent an AUMF or declaration of war. I think it is important for everyone to remember that declaring war and authorizing the use of force is a Constitutional role vested in Congress, and in this committee in particular. a. How, in your view, has the power to prosecute a conflict changed over the last several decades'! Do you believe that there has been less transparency by the Executive Branch regarding conflicts? What are the constraints on Article II authority that you see? 10. What do you believe is the proper balance between providing the President with the tools needed to respond to emergencies with Congress's role of being the body to declare war? 11. When is Congressional engagement necessary in the use of force? Saudi Arms Sales 12. Section 36(c)(2) of the AECA specifically says "if the President states in his certification that an emergency exists ... thus waiving the requirements of subparagraphs (A) and (B) ... " but the commercial sales were under subparagraph (C). a. What is the Office of Legal Advisor's legal analysis of this provision? How does it conclude that the Secretary had the legal authority to use this provision with regard to the 13 direct commercial sales to Saudi Arabia and the UAE that he included in his May 24, 2019 emergency determination? b. What is the justification for invoking an emergency declaration, when the plain language of the statute does not say that there is such an authority for commercial sales? c. If your argument is that Congress erred when it amended that provision in 2002, please provide the evidentiary basis for that contention, including how you determined Congressional intent by citing the Congressional reports or statements that buttress your position. d. If your argument is that Congress erred when it amended that provision in 2002, is there not a legal doctrine of interpretation of law that states, basically, that a provision oflaw that has remained unchallenged for years or has not been the subject of attempts to correct, then that provision of law should be followed according to the plain-letter meaning? If so, why did the Office of Legal Advisor not use this doctrine of 4 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850565 Date: 11/02/2021 B5 B5 STATE-19-0648-E-000159 CO 6 8 5 O 5 6 S'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850565 Date: 11/02/2021 interpretation? Does the Office of Legal Advisor apply this doctrine of legal interpretation in other situations? 13. Did you, or did anyone in the office of the Legal Adviser, produce a written legal analysis, determination, or recommendation that the Secretary of State had the authority to invoke an emergency certification? a. If so, will the State Department provide a copy of that written or any related legal analysis, determination and/or recommendation to the Committee? If not, what legal privilege is State claiming to exercise that prevents it, or enables it, from providing such written legal analysis, determination and/or recommendation to the Committee the Committee of oversight for the Department and for these issues? U.S-Mexico Agreement 14. Mr. String, is the U.S. Mexico Joint Declaration binding for purposes of intemational law? a. As you know, I have asked variations on this question numerous times. Why has the Depatiment been so reluctant to answer my basic questions about this? b. As a legal expert on intemational instruments, how would you characterize this agreement? 15. At the hearing, you stated that the U.S.-Mexico Declaration was "an important authoritative agreement that's been agreed to." What do you mean by an "important authoritative agreement"? a. Does an "authoritative agreement" impose any obligations on either country? If so, what obligations? b. ls such an agreement binding for purposes of international law? 16. What is your understanding of how the President views the U.S. Mexico Joint Declaration, in terms of whether it imposes obligations on Mexico or the United States? a. Have you or has the Department briefed the President on the Joint Declaration? 1 7. Your answers at the hearing seemed to indicate that there are ongoing discussions with Mexico about other or related agreements. Can you clarify? What are the status of those? Are they intended to impose binding obligations for purposes of international law on each country? 5 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850565 Date: 11/02/2021 B5 STATE-19-0648-E-000160 CO 6 8 5 O 5 6 S'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850565 Date: 11/02/2021 18. You stated that the executive branch was still considering whether the U.S.-Mexico Joint Declaration would be reported under the Case Act. Please provide an update of those discussions and the factors relevant to whether the Administration will do so. 19. Beyond the Joint Declaration which appears to be just a statement by two parties-and the supplementary agreement, which on its face doesn't create any binding obligations, has the U.S. and Mexico entered into any other commitments or agreements related to migration? Any others that were supposedly to resolve the tariff threats? How would you characterize those agreements and when will this Committee receive copies? US-Guatemala Agreement 20. The U.S. also reportedly recently entered into an agreement with Guatemala on migration issues. What was agreed to? Is there a written document? When will you provide any such documents to the Committee? 21. Has the Department conducted its own assessment of whether Guatemala can serve as a safe third country under U.S. law? What was the result of that assessment? 22. Has the Department provided a recommendation to the White House as to whether Guatemala can serve as a safe third country under U.S. law? What was that recommendation? Yemen 23. In the cun-ent or previous Administrations, has the Office of the Legal Adviser analyzed the legality under international law of U.S. support for Saudi Arabia's prosecution of the conflict in Yemen (to include arms sales, logistical and intelligence support)? If yes, please indicate whether any such analysis resulted in the conclusion that U.S. officials or personnel participating in such activities would be exposed to charges of war crimes? Please provide any such analyses in unclassified fonn, to the extent possible, or in a classified format. Murder of Jamal Khashoggi 24. As you know, the Global Magnitsky Human Rights Accountability Act requires the President, upon receipt of a request from the Chairman and Ranking Member of the Senate Committee on Foreign Relations, to determine whether a foreign person is responsible for an extrajudicial killing, torture, or other gross violation of internationally recognized human rights against an individual exercising freedom of expression, and report to the Committee within 120 days with a determination and a decision on the imposition of sanctions on that foreign person or persons. 6 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850565 Date: 11/02/2021 B5 B5 STATE-19-0648-E-000161 CO 6 8 5 O 5 6 S'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850565 Date: 11/02/2021 Last year, Senator Menendez, as the Ranking Member of the Senate Foreign Relations Committee, along with then Chairman Bob Corker made such a request with respect to Saudis involved in the Khashoggi murder, including specifically Crown Prince Mohammed bin Salman. Yet the Administration has not made such a determination. a. Why has the administration not made the determination as required by statute? b. Did the Department make a legal assessment regarding its obligation to submit a report to the Chairman and Ranking Member of the Senate Foreign Relations Committee pursuant to section 1263( d) of the Global Magnitsky Act? If so, what did that assessment conclude? c. Is the Department engaged in its own effort or supporting the efforts of other U.S. government agencies to uncover all of the perpetrators ofKhashoggi's murder, including those who ordered, directed, or otherwise controlled the murder? If so, what is the status of that investigation and who is leading it? If not, why not? 7 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850565 Date: 11/02/2021 STATE-19-0648-E-000162 CO 6 8 5 O 5 7 6'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850576 Date: 11/02/2021 RELEASE IN PART B5 Questions for the Record to The Honorable David Hale by Senator Edward J. Markey Foreign Relations Committee July 26, 2019 Iran Nexus of Actors Covered by 2001 AUMF 1. Is Iran currently providing safe haven to al-Qa'ida? Has Iran provided safe haven to al￾Qa'ida in the past? Please elaborate on any affirmative answer.c==J 2. Is Iran currently harboring al-Qa'ida? Has Iran harbored al-Qa'ida in the past? Please elaborate on any affirmative answer.I I 3. Are al-Qa'ida operatives currently planning attacks against the United States from Iranian territory? Have they done so from Iranian territory in the past? Please elaborate on any affirmative answer~ 4. Do any of the answers to questions (1), (2), or (3) change if"al-Qai'da" is broadened to encompass the list of groups currently within the scope of the 2001 AUMF? Please be specific about which in-scope groups alter which answers.c=J Iran's Capabilities 5. Your testimony notes that Iran's military budget reached "nearly $14 billion" in 2017. Using the same data source, what was Saudi Arabia's military bulget ii 2017? Please do not include the military budgets of Saudi Arabia's GCC partners. 6. Your testimony references Iran's "longstanding practice of nuclear extortion." Has there been variation in the extent of "nuclear ~n" Iran has practiced over the last decade? If yes, what best explains the variationL__J 7. Is reduction in Iran's revenue a means to achieving U.S. strategic! goals Ire preventing "regional destabilization," or is revenue reduction the goal itself? UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850576 Date: 11/02/2021 B5 STATE-19-0648-E-000163 CO 6 8 5 O 5 8 i:IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850581 Date: 11/02/2021 From: Sent: Fri, 26 Jul 2019 19:51:37 +0000 To: Subject: FW: Letter from Congressman Levin re: Iran and AUMF L/AN From: ~-----------~ Sent: Friday, July 26, 2019 3:50 PM Cc: IT•:: ~-----------~ Subject: RE: Letter from Congressman Levin re: Iran and AUMF Here's some unclass language on the AQ issue: Official - SBU UNCLASSIFIED From: ~-----------~ Sent: Friday, July 26, 2019 2:56 PM To: Cc: ~-----------~ Subject: Letter from Congressman Levin re: Iran and AUMF RELEASE IN PART 85,86 [DECONTROLLED[ We received the attached letter back in May from Congressman Levin, asking about (1) the factual basis for the Secretary's statement that Iran and Al-Qaeda are connected· and 2 the related le al anal sis of the 2001 AUMF. UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850581 Date: 11/02/2021 86 85 86 85 86 85 STATE-19-0648-E-000164 CO 6 8 5 O 5 81 :IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850581 Date: 11/02/2021 I wonder if I could ask ~-----------------------~ for your help in developing an unclassified answer to the first question? I can handle drafting the response to the second question. Let me know what you all think. Best, Official - SBU UNCLASSIFIED UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850581 Date: 11/02/2021 B5 B6 STATE-19-0648-E-000165 CO 6 8 5 O 5 9 4 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850594 Date: 11/02/2021 From: Sent: Wed, 31 Jul 2019 20:25:38 +0000 To: Legal-PM-DL Cc: Subject: FW: P and L 7 /24 SFRC Hearing on AUMFs fyi From.~-------------~ Sent: Wednesday, July 31, 2019 4:15 PM l'(CLCA;:)C 11'\1 t"AI'( I B5,B6 [DECONTROLLED[ To: NEA-IRAN-DL ; NEA-1-0FFICE-DL ; H_ CCTasking-L ; SIAG _ Clearance ;c=J Cc: Subject: P and L 7/24 SFRC Hearing on AUMFs Colleagues, Below is a readout from last week's SFRC hearing with Under Secretary Hale and Acting Legal Adviser Marik String, UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850594 Date: 11/02/2021 B6 B6 B6 B5 B5 STATE-19-0648-E-000166 CO 6 8 5 O 5 9 4 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850594 Date: 11/02/2021 Best, Global and Congressional Affairs NEA/RMA Ext. Official - SBU UNCLASSIFIED UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850594 Date: 11/02/2021 85 86 STATE-19-0648-E-000167 CO 6 8 5 O 5 9 5 'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850595 Date: 11/02/2021 From: Sent: To: Cc: Tue, 23 Jul 2019 23:26:23 +0000 String, Marik A ~----~ Dorosin, Joshua L I Kt:Lt:A~t: IN t'AK I I 85,86 . [DECONTROLLED] Subject: FW: PASSBACK-LRM: [MJR-116-109] Due 07/23/2019 Tuesday at 1:00PM --STATE (David Hale) Oversight Testimony on Iran Policy and Reviewing Authorities for the Use of Military Force Attach: String SFRC Testimony FINAL FOR OMB-NSD comments UPDATED.docx, String SFRC Testimony 7 23 2019.docx Marik and~-~ Best, Official - SBU UNCLASSIFIED From: ~--------------~ Sent: Tuesday, July 23, 2019 5:57 PM To:~----------~L _______________ __J Subject: FW: PASSBACK - LRM: [MJR-116-109] Due 07/23/2019 Tuesday at 1:00PM -- STATE (David Hale) Oversight Testimony on Iran Policy and Reviewing Authorities for the Use of Military Force See below. Official UNCLASSIFIED From: Rodgers, Marshall J.~--------------~ Sent: Tuesday, July 23, 2019 4:52 PM To: UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850595 Date: 11/02/2021 86 85 86 86 STATE-19-0648-E-000168 CO 6 8 5 O 5 9 S'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850595 Date: 11/02/2021 Subject: RE: PASSBACK LRM: [MJR-116-109] Due 07/23/2019 Tuesday at 1:00PM STATE (David Hale) Oversight Testimony on Iran Policy and Reviewing Authorities for the Use of Military Force Thanks. ~--------~ From: ~---------------~ Sent: Tuesday, July 23, 2019 4:40 PM ~--------------~ To: Rodgers, Marshall J ~--------------~ Subject: RE: PASSBACK - LRM: [MJR-116-109] Due 07/23/2019 Tuesday at 1:00PM -- STATE (David Hale) Oversight Testimony on Iran Policy and Reviewing Authorities for the Use of Military Force ~----------------~Thank you. Official UNCLASSIFIED From: Rodgers, Marshall J. ~--------------~ Sent: Tuesday, July 23, 2019 3:47 PM To: ~---------------~ Subject: RE: PASSBACK-LRM: [MJR-116-109] Due 07/23/2019 Tuesday at 1:00PM -- STATE (David Hale) Oversight Testimony on Iran Policy and Reviewing Authorities for the Use of Military Force Thanks. From: Rodgers, Marshall J.~--------------~ Sent: Tuesday, July 23, 2019 1:31 PM To: ~--------------- Subject: PASSBACK - LRM: [MJR-116-109] Due 07/23/2019 Tuesday at 1:00PM -- STATE (David Hale) Oversight Testimony on Iran Policy and Reviewing Authorities for the Use of Military Force Thanks. From: Rodgers, Marshall J. ~--------------~ Sent: Monday, July 22, 2019 5:38 PM To: 'DEFENSE' 'JUSTICE' DL-NSS-LRM ~-----------~ ~-------~ UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850595 Date: 11/02/2021 B5 B6 B5 B6 B5 B6 B5 B6 STATE-19-0648-E-000169 CO 6 8 5 O 5 9 S'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06850595 Date: 11/02/2021 OMB Circular No. A-19, 0MB requests the views of your agency on the above subject before advising on its relationship to the program of the President. Please advise us if this item will affect direct spending or receipts for the purposes of the Statutory Pay￾as-You-Go Act of 2010. UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06850595 Date: 11/02/2021 86 STATE-19-0648-E-000171 December 15, 2021 Case No. F-2019-06548 Segments: IPS-0006 Taylor Stoneman Counsel American Oversight 1030 15th St. NW, Suite B255, Washington, D.C. 20005 Dear Ms. Stoneman: As noted in our letter dated November 3, 2021, we are processing your request for material under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552. The processing of records is ongoing and has yielded an additional 18 records responsive to your request. We have determined that 17 records may be released in part and 1 record must be withheld in its entirety. An enclosure explains the FOIA exemptions and other grounds for withholding material. Where we have made redactions, the applicable FOIA exemptions are marked on each document. The records withheld in full are exempt from release pursuant to FOIA Exemptions 5 and 6, 5 U.S.C. §§ 552 (b)(5) and (b)(6). All non-exempt material that is reasonably segregable from the exempt material has been released and is enclosed. We will keep you informed as your case progresses. If you have any questions, your attorney may contact Assistant United States Attorney Benton Peterson, at (202) 252-2534 or Benton.Peterson@usdoj.gov. Please refer to case number, F-2019-06548, and the civil action number, 19-cv-02728-ABJ, in all correspondence about this request. Sincerely, Jeanne Miller Chief, Programs and Policies Division Office of Information Programs and Services Enclosures: As stated. VERSIGHT United States Department of State Washington, D. C. 20520 The Freedom of Information Act (5 USC 552) FOIA Exemptions (b)(1) Information specifically authorized by an executive order to be kept secret in the interest of national defense or foreign policy. Executive Order 13526 includes the following classification categories: 1.4(a) Military plans, systems, or operations 1.4(b) Foreign government information 1.4(c) Intelligence activities, sources or methods, or cryptology 1.4(d) Foreign relations or foreign activities of the US, including confidential sources 1.4(e) Scientific, technological, or economic matters relating to national security, including defense against transnational terrorism 1.4(f) U.S. Government programs for safeguarding nuclear materials or facilities 1.4(g) Vulnerabilities or capabilities of systems, installations, infrastructures, projects, plans, or protection services relating to US national security, including defense against transnational terrorism 1.4(h) Weapons of mass destruction (b)(2) Related solely to the internal personnel rules and practices of an agency (b)(3) Specifically exempted from disclosure by statute (other than 5 USC 552), for example: ARMSEXP Arms Export Control Act, 50a USC 2411(c) CIA PERS/ORG Central Intelligence Agency Act of 1949, 50 USC 403(g) EXPORT CONTROL Export Administration Act of 1979, 50 USC App. Sec. 2411(c) FS ACT Foreign Service Act of 1980, 22 USC 4004 INA Immigration and Nationality Act, 8 USC 1202(f), Sec. 222(f) IRAN Iran Claims Settlement Act, Public Law 99-99, Sec. 505 (b)(4) Trade secrets and confidential commercial or financial information (b)(5) Interagency or intra-agency communications forming part of the deliberative process, attorney-client privilege, or attorney work product (b)(6) Personal privacy information (b)(7) Law enforcement information whose disclosure would: (A) interfere with enforcement proceedings (B) deprive a person of a fair trial (C) constitute an unwarranted invasion of personal privacy (D) disclose confidential sources (E) disclose investigation techniques (F) endanger life or physical safety of an individual (b)(8) Prepared by or for a government agency regulating or supervising financial institutions (b)(9) Geological and geophysical information and data, including maps, concerning wells Other Grounds for Withholding NR Material not responsive to a FOIA request excised with the agreement of the requester A\.11 I PVERSIGHT STATE-19-0648-F-000001 CO 6 8 4 8 2 2 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848223 Date: 12/14/2021 From: Sent: Tue, 13 Aug 2019 17:21:33 +0000 RELEASE IN PART 85,86 [DECONTROLLED! ~--------------------~ To: P/NEA Duty Officer; □ ~---------~ Cc: Subject: RE: Letter from Congressman Levin re: Iran and AUMF + in INR. SBU This email is UNCLASSIFIED. From: P/NEA Duty Officer Sent: Tuesday, August 13, 2019 9:05 AM To·1 Cc; I Subject: RE: Letter from Congressman Levin re: Iran and AUMF D P-NEA Duty Officer I I Official - SBU UNCLASSIFIED From: ~~------------ Sent: Monday, August 12, 2019 9:48 AM To:I ~ E C~c:~I -----------------~-----~!; P/NEA Duty Officer Subject: RE: Letter from Congressman Levin re: Iran and AUMF + Don the P-NEA Duty accoun ~---------------------~ Official A\/lr r 1/' 11. 1 B6 pv .S. Department of State Case No. F-2019-06548 Doc No. C06848223 Date: 12/14/2021 B5 B6 B6 B6 B5 STATE-19-0648-F-000002 CO 6 8 4 8 2 2 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848223 Date: 12/14/2021 A v1 UNCLASSIFIED From: ~----------~ ~t: Monday, August 12, 2019 9:27 AM Cc: Sub~je-c-t:_R_E_:-Le-tt_e_r~fr_o_m_C_o_n_g-re-ss_m_a_n_L_e_v-in-r-e:-1-ra_n_a_n_d_A_U_M_F _______ ~ Thanks, I I Official UN CLASSIFIED From: ~----------~ ;r Monday, Augus: 12, 2019 9:25 AM 2c=r~----------~~ Subject: RE: Letter from Congressman Levin re: Iran and AUMF This looks good.I Special Assistant to the Deputy Secretary U.S. Department of State I I From: ~----------~ Sent: Monday, August 12, 2019 8:47 AM To: < '-----r------_J----------, Cc: ~----------~ Subject: RE: Letter from Congressman Levin re: Iran and AUMF INR You are my last remaining clearers! Any edits to this letter? Thanks, I I UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848223 Date: 12/14/2021 86 85 86 86 85 86 STATE-19-0648-F-000003 CO 6 8 4 8 2 2 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848223 Date: 12/14/2021 A v1 Official UNCLASSIFIED From: ~----------~ Sent: Thursday, August 81 2019 4:25 PM To:I , I 4=============================================~r;_P_/ A_F_D_u~ty Officer Cc: ~----------~ Subject: RE: Letter from Congressman Levin re: Iran and AUMF Clear for NEA/IR Official UNCLASSIFIED From:~----------~> Sent: Thursday, August 8, 2019 2:52 PM To:I ~ I 4f,----------------------~f_; _P /~A_F_D_u~ty Officer Cc: ~-----------~ Subject: RE: Letter from Congressman Levin re: Iran and AUMF Folks Refreshing this request for clearance, with the hope that you all can review by noon tomorrow. I Many thrks, Official UNCLASSIFIED From: ~------------~ Sent: Monday, August 5, 2019 7:12 PM To: Cc: SIAG Clearance ; Subject: RE: Letter from Congressman Levin re: Iran and AUMF Clear for SIAG Official UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848223 Date: 12/14/2021 B6 STATE-19-0648-F-000004 CO 6 8 4 8 2 2 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848223 Date: 12/14/2021 UNCLASSIFIED From: B6 ~----------~ Sent: Monda , Au ust 5, 2019 11:05 AM To: Cc: SIAG Clearance ; ~--------------~ Subject: RE: Letter from Congressman Levin re: Iran and AUMF A minor tweak in the attached. Thanks From: ~----------~ Sent: Frida To: Cc: SIAG Clearance ; I I> SubJect: RE: Letter from Congressman Levin re: Iran and AUMF Folks -I f attached for your review is a draft response to Congressman Lieu. Let me know if you have any edits or concerns with this approach by COB Monday. B5 B6 Official UN CLASSIFIED From: ~---~ Sent: Sunday, July 28, 2019 6:17 PM To: Cc: ; SIAG_Clearance ; ,--------'---------~-----~ Subject: RE: Letter from Congressman Levin re: Iran and AUMF All B5 A v1 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848223 Date: 12/14/2021 STATE-19-0648-F-000005 CO 6 8 4 8 2 2 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848223 Date: 12/14/2021 A v1 Official UNCLASSIFIED 26, 2019 8:34 PM To: Cc:~----------~; SIAG_Clearance Subject: RE: Letter from Congressman Levin re: Iran and AUMF From: ~-------------~ Date: July 26, 2019 at 8:21:04 PM EDT To: Cc:~-----------~ , SIAG _ Clearance Subject: RE: Letter from Congressman Levin re: Iran and AUMF Thanks, UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848223 Date: 12/14/2021 B5 B6 B6 B5 B6 B5 B6 STATE-19-0648-F-000006 CO 6 8 4 8 2 2 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848223 Date: 12/14/2021 A v1 From: ~--------------~ Date: Jul 26, 2019 at 5:26:23 PM EDT To: Cc:~------------~, SIAG _ Clearance Subject: RE: Letter from Congressman Levin re: Iran and AUMF ~from INR who may be able to work some further unclass material or point us in the right direction there. Official - SBU UNCLASSIFIED From: ~-------------~ Sent: Friday, July 26, 2019 4:25 PM To: Ccj I SIAG_Clearance Subject: RE: Letter from Congressman Levin re: Iran and AUMF +SIAG colleagues Official - SBU UN CLASSIFIED From:~----------~> Sent: Friday July 26 2019 3:50 PM To:I Cc:I ~ Subject: RE: Letter from Congressman Levin re: Iran and AUMF Here's some unclass language on the AQ issue: In addition to its support of proxies and terrorist groups abroad, Iran also harbors terrorists within its own borders, thereby facilitating their activities. Iran continues to allow Al Qaeda (AQ) operatives to reside in Iran, where they have been able to move money and fighters to South Asia and Syria. In 2016, the U.S. Treasury Department identified and sanctioned three senior AQ operatives residing in Iran and noted that Iran had knowingly pe1mitted these AQ members, including several of the 9/1 I hijackers, to transit its territory on their way to Afghanistan for training and operational planning. UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848223 Date: 12/14/2021 B6 STATE-19-0648-F-000007 CO 6 8 4 8 2 2 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848223 Date: 12/14/2021 A v1 Official - SBU UN CLASSIFIED From: ~----------~ ;r Friday, July 26, ;019 2:56 PM ~ ~----------- ~ Subject: Letter from Congressman Levin re: Iran and AUMF We received the attached letter back in May from Congressman Levin, asking about (1) the factual basis for the Secretary's statement that Iran and Al-Qaeda are connected; and (2) the related legal analysis of the 2001 AUMF. I I 11 wonder 1t I could ask for your help in developing an unclassified answer to the first question? I can handle drafting the response to the second question. Let me know what you all think. Best, Official - SBU UNCLASSIFIED UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848223 Date: 12/14/2021 B6 B5 B6 STATE-19-0648-F-000008 CO 6 8 4 8 2 3 O IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848230 Date: 12/14/2021 I From: Sent: Mon, 12 Aug 2019 13:27:17 +0000 To: Cc: Subject: RE: Letter from Congressman Levin re: Iran and AUMF This email is UNCLASSIFIED. Fromf I Sent: Monday, August 12, 2019 9:25 AM To:I Cc:,_I ----~i -------~ Sul:>Ject: RE: Letter from Congressman Levin re: Iran and AUMF This looks good.I Special Assistant to the Deputy Secretary U.S. Department of State From:I ~ Sent: Monday, August 12, 2019 8:47 AM To: Cc: ~-----------~ Subject: RE: Letter from Congressman Levin re: Iran and AUMF INR-You are my last remaining clearers! Any edits to this letter? Thanks, Official UNCLASSIFIED From: ~----------~ Sent: Thursday, August 8, 2019 4:25 PM To: A\/lr r 1/' 11. 1 RELEASE IN PART 85,86 IDECONTROLLEDJ pv ll.J.S. Department of State Case No. F-2019-06548 Doc No. C06848230 Date: 12/14/2021 B6 B5 B6 B5 B6 STATE-19-0648-F-000009 CO 6 8 4 8 2 3 O ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848230 Date: 12/14/2021 A v1 I { I; P/AF Duty Officer ----------------~ Subject: RE: Letter from Congressman Levin re: Iran and AUMF Clear for NEA/IR Official UNCLASSIFIED From: ------------ Sent: Thursday, August 8, 2019 2:52 PM To: 1.----..--..~~~~-----------------~f>; P/AF Duty Officer AFDuty@state.gov> Cc: ------------- Subject: RE: Letter from Congressman Levin re: Iran and AUMF Folks Refreshing this request for clearance, with the hope that you all can review by noon tomorrow. Many thanks, Official UNCLASSIFIED From: Sent: Monday, August 5, 2019 7:12 PM To: Cc: SIAG Clearance ---------------- Subject: RE: Letter from Congressman Levin re: Iran and AUMF Clear for SIAG Official UNCLASSIFIED From: ------------~ Sent: Monday, August 5, 2019 11:05 AM To Cc: SIAG_Clearance ; UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848230 Date: 12/14/2021 B6 STATE-19-0648-F-000010 CO 6 8 4 8 2 3 O ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848230 Date: 12/14/2021 A v1 Subject: RE: Letter from Congressman Levin re: Iran and AUMF A minor tweak in the attached. Thanks L/AN From: ~----------~ Sent: Friday, August 2, 2019 3:34 PM To: Cc: SIAG Clearance I ~ SubJect: RE: Letter from Congressman Levin re: Iran and AUMF Folks -I !attached for your review is a draft response to Congressman Lieu. Let me know if you have any edits or concerns with this approach by COB Monday. Official UNCLASSIFIED From: ~----~ Sent: Sunday, July 28, 2019 6:17 PM To: l~-----~-----~r; SIAG_Clearance ; ~---~ r~----~f Subject: RE: Letter from Congressman Levin re: Iran and AUMF All￾Best, UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848230 Date: 12/14/2021 B5 B6 B6 B5 B6 STATE-19-0648-F-000011 CO 6 8 4 8 2 3 O ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848230 Date: 12/14/2021 A v1 Official UN CLASSIFIED From: ~-----------~ Sent: Friday, July 26, 2019 8:34 PM To: Cc:~----------~; SIAG_Clearance Subject: RE: Letter from Congressman Levin re: Iran and AUMF From: > :-----a-~~~~~~~~~~~--~ Date: July 26, 2019 at 8:21:04 PM EDT To: Cc:~-----------~>, SIAG _ Clearance Subject: RE: Letter from Congressman Levin re: Iran and AUMF Thanks, From: ~-------------~ Date: July 26, 2019 at 5:26:23 PM EDT UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848230 Date: 12/14/2021 85 86 86 85 86 86 STATE-19-0648-F-000012 CO 6 8 4 8 2 3 O ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848230 Date: 12/14/2021 A v1 To: Cc:~~=~--~-~----- , SIAG _ Clearance Subject: RE: Letter from Congressman Levin re: Iran and AUMF Qfrom INR who may be able to work some further unclass material or point us in the right direction there. Official - SBU UNCLASSIFIED From: ~~-~----------~ Sent: Friday, July 26, 2019 4:25 PM To: < > Cc:~----------~; SIAG_Clearance Subject: RE: Letter from Congressman Levin re: Iran and AUMF +SIAG colleagues Official - SBU UN CLASSIFIED From: ~----------~ Sent: Friday, July 26, 2019 3:50 PM To: < '------r-----___J...--------, Cc:~----------~> Subject: RE: Letter from Congressman Levin re: Iran and AUMF Here's some unclass language on the AQ issue: In addition to its support of proxies and terrorist groups abroad, Iran also harbors terrorists within its own borders, thereby facilitating their activities. Iran continues to allow Al Qaeda (AQ) operatives to reside in Iran, where they have been able to move money and fighters to South Asia and Syria. In 2016, the U.S. Treasury Department identified and sanctioned three senior AQ operatives residing in Iran and noted that Iran had knowingly permitted these AQ members, including several of the 9/11 hijackers, to transit its territory on their way to Afghanistan for training and operational planning. Official - SBU UNCLASSIFIED From: Sent: Friday, July 26, 2019 2:56 PM UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848230 Date: 12/14/2021 86 86 STATE-19-0648-F-000013 CO 6 8 4 8 2 3 O ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848230 Date: 12/14/2021 A v1 To: Cc: ~----------~ Subject: Letter from Congressman Levin re: Iran and AUMF We received the attached letter back in May from Congressman Levin, asking about (1) the factual basis for the Secretary's statement that Iran and Al-Qaeda are connected· and 2 the related le al anal sis of the 2001 AUMF. I wonder if I could ask ~-------------------------~ for your help in developing an unclassified answer to the first question? I can handle drafting the response to the second question. Let me know what you all think. Best, Official - SBU UNCLASSIFIED UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848230 Date: 12/14/2021 86 85 86 STATE-19-0648-F-000014 CO6848232'IED U.S. DepartmentofState Case No. F-2019-06548 DocNo.C06848232 Date: 12/14/2021 RELEASE IN PART B5,B6 From: Sent: Mon, 12 Aug 2019 13:26:07 +0000 To: I ~----------------------~ Subject: RE: Letter from Congressman Levin re: Iran and AUMF Hi ~-~ I clear for H. Thanks, I I From: ~----------~ Sent: Monday, August 12, 2019 8:47 AM To: Cc: ~----~------~ Subject: RE: Letter from Congressman Levin re: Iran and AUMF ~----~ INR-You are my last remaining clearers! Any edits to this letter? Thanks, I I Official UNCLASSIFIED From: ~----------- ft, Thursday, August 8, 2019 4,25 PM I I P/ AF Duty Officer Cc: ~-----------~ Subject: RE: Letter from Congressman Levin re: Iran and AUMF Clear for NEA/IR Official UNCLASSIFIED From: ~----------~ Sent: Thursday, August 8, 2019 2:52 PM To:J A\/lr r 1/' 11. 1 IDECONTROLLEDI pv ll.J.S. Department of State Case No. F-2019-06548 Doc No. C06848232 Date: 12/14/2021 B6 STATE-19-0648-F-000015 CO 6 8 4 8 2 3 2·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848232 Date: 12/14/2021 A v1 Cc: ~-----------~ Subject: RE: Letter from Congressman Levin re: Iran and AUMF Folks - Refreshing this request for clearance, with the hope that you all can review by noon tomorrow. Many thanks, Official UNCLASSIFIED From: ~-------------~ Sent: Monday, August 5, 2019 7:12 PM To: Cc: SIAG Clearance ; Subject: RE: Letter from Congressman Levin re: Iran and AUMF Clear for SIAG Official UNCLASSIFIED From: ~-----------~ Sent: Monday, August 5, 2019 11:05 AM To: Cc: SIAG Clearance ; ~--------------~ Subject: RE: Letter from Congressman Levin re: Iran and AUMF A minor tweak in the attached. Thanks L/AN From) Sent:nday, August 2, 2019 3:34 PM To: Cc: SIAG_Clearance ; I r ~--------~ Subject: RE: Letter from Congressman Levin re: Iran and AUMF UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848232 Date: 12/14/2021 86 STATE-19-0648-F-000016 CO 6 8 4 8 2 3 2·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848232 Date: 12/14/2021 A v1 Folks-~-------------~ attached for your review is a draft response to Congressman Lieu. Let me know if you have any edits or concerns with this approach by COB Monday. I Many thalnks, Official UN CLASSIFIED From: ~----~ Sent: Sunday, July 28, 2019 6:17 PM To: > c: ; SIAG_Clearance ; ,-----L------~-----~ ~---~ Subject: RE: Letter from Congressman Levin re: Iran and AUMF All￾Best, Official UNCLASSIFIED From: ~------------~ Sent: Friday, July 26, 2019 8:34 PM To Cc:~-----------~; SIAG_Clearance Subject: RE: Letter from Congressman Levin re: Iran and AUMF UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848232 Date: 12/14/2021 85 86 85 86 86 85 STATE-19-0648-F-000017 CO 6 8 4 8 2 3 2·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848232 Date: 12/14/2021 A v1 From: ~-------------~ Date: Jul 26 2019 at 8:21:04 PM EDT To: > Cc: ~-----------~ , SIAG _ Clearance Subject: RE: Letter from Congressman Levin re: Iran and AUMF Thanks, From: Date: J~ul~2~6~2~0~19~at-5~:~2~6~:2~3~P~M~E=D~T~---~ To: Cc:~-----------~ , SIAG _ Clearance Subject: RE: Letter from Congressman Levin re: Iran and AUMF c=}rom INR who may be able to work some further unclass material or point us in the right direction there. Official - SBU UNCLASSIFIED From: Sent: F~r~id~ay-,-J~ul~y-2-6,-2-0_1_9 _4-:2_5_P_M ___ ~ To > UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848232 Date: 12/14/2021 B5 B6 B6 B6 STATE-19-0648-F-000018 CO 6 8 4 8 2 3 2·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848232 Date: 12/14/2021 A v1 Cc:~----------~; SIAG Clearance Subject: RE: Letter from Congressman Levin re: Iran and AUMF +SIAG colleagues Official - SBU UNCLASSIFIED From: > ~----------- Sent: Friday, July 26, 2019 3:50 PM To:I Cc:~I ----------~I> Subject: RE: Letter from Congressman Levin re: Iran and AUMF Here's some unclass language on the AQ issue: In addition to its support of proxies and terrorist groups abroad, Iran also harbors terrorists within its own borders, thereby facilitating their activities. Iran continues to allow Al Qaeda (AQ) operatives to reside in Iran, where they have been able to move money and fighters to South Asia and Syria. In 2016, the U.S. Treasury Department identified and sanctioned three senior AQ operatives residing in Iran and noted that Iran had knowingly permitted these AQ members, including several of the 9/11 hijackers, to transit its territory on their way to Afghanistan for training and operational planning. Official - SBU UN CLASSIFIED From: ~----------~ Sent: Friday, July 26, 2019 2:56 PM To:I Cc: I t> Subject: Letter from Congressman Levin re: Iran and AUMF We received the attached letter back in May from Congressman Levin, asking about (1) the factual basis for the Secretary's statement that Iran and Al-Qaeda are connected; and (2) the related legal anal sis of the 2001 AUMF. ~-------------------------~I wonder if I could ask for your help in developing an unclassified answer to the first question? I can handle drafting the response to the second question. Let me know what you all think. UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848232 Date: 12/14/2021 86 86 86 85 STATE-19-0648-F-000019 CO 6 8 4 8 2 3 2·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848232 Date: 12/14/2021 A v1 Best, Official - SBU UNCLASSIFIED UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848232 Date: 12/14/2021 86 STATE-19-0648-F-000020 CO 6 8 4 8 2 3 6'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848236 Date: 12/14/2021 From: P/AF Duty Officer Sent: Fri, 9 Aug 2019 22:37:18 +0000 To: Subject: RE: Letter from Congressman Levin re: Iran and AUMF Clear for P. --------------- P AF Duty Officer Official UNCLASSIFIED From. ~----------~ Sent: Thursday, August 8, 2019 2:52 PM RELEASE IN PART B5,B6 IDECONTROLLEDI r I f; P/AF Duty Officer Cc: ~----------~ Subject: RE: Letter from Congressman Levin re: Iran and AUMF Folks - Refreshing this request for clearance, with the hope that you all can review by noon tomorrow. Official UNCLASSIFIED From: ~------------~ Sent: Monday, August 5, 2019 7:12 PM To:I I r--'--4-------~-----------~r; I r Cc: SIAG Clearance ; Subject: RE: Letter from Congressman Levin re: Iran and AUMF Clear for SIAG Official UNCLASSIFIED A\/lr r 1/' 11. 1 pv ll.J.S. Department of State Case No. F-2019-06548 Doc No. C06848236 Date: 12/14/2021 B6 STATE-19-0648-F-000021 CO 6 8 4 8 2 3 6'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848236 Date: 12/14/2021 A v1 From: Sent: Monday, August 5, 2019 11:05 AM To: < ~-------------------------------------0 Cc: SIAG Clearance ; Subject: RE: Letter from Congressman Levin re: Iran and AUMF A minor tweak in the attached. Thanks L/AN From:I b. Sent: la--.-· Friday, August 2, 2019 3:34 PM ~~~~~~r To: Cc: SIAG Clearance ; ~--------------~ Subject: RE: Letter from Congressman Levin re: Iran and AUMF Folks-~-----~-~~~---~ attached for your review is a draft response to Congressman Lieu. Let me know if you have any edits or concerns with this approach by COB Monday. Many thanks, Official UNCLASSIFIED From: ~----~ Sent: Sunday, July 28, 2019 6:17 PM To: Cc: ; SIAG_Clearance ; c---'------------~ ~---~ Subject: RE: Letter from Congressman Levin re: Iran and AUMF All UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848236 Date: 12/14/2021 BS B6 B6 BS B6 STATE-19-0648-F-000022 CO 6 8 4 8 2 3 6'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848236 Date: 12/14/2021 A v1 Best, Official UN CLASSIFIED From: ~------------ Sent: Frida Jul 26 2019 8:34 PM To: Cc:~----~-----~; SIAG_Clearance Subject: RE: Letter from Congressman Levin re: Iran and AUMF From: Date: J~u~l -2~6~2~0~19~at-8~:~2~1 :~0~4=P~M~E=D=T~--~ To: Cc:~-----------~>, SIAG_Clearance Subject: RE: Letter from Congressman Levin re: Iran and AUMF Thanks, CJ UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848236 Date: 12/14/2021 85 86 85 85 86 86 86 STATE-19-0648-F-000023 CO 6 8 4 8 2 3 6'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848236 Date: 12/14/2021 A v1 From:I Date: J-u~I ~26~2~0~1~9-at-5~:~2~6:~2~3~P~M~E~D=1~--~ To: Cc:~------------~' SIAG_Clearance Subject: RE: Letter from Congressman Levin re: Iran and AUMF Qfrom INR who may be able to work some further unclass material or point us in the right direction there. Official - SBU UNCLASSIFIED From: ~-------------~ Sent: Friday, July 26, 2019 4:25 PM To: > Cc:~----~-----~; SIAG_Clearance Subject: RE: Letter from Congressman Levin re: Iran and AUMF +SIAG colleagues Official - SBU UNCLASSIFIED From: ~----------~ Sent: Friday, July 26, 2019 3:50 PM To: < l____,------__j---------, Cc: ~----------~ Subject: RE: Letter from Congressman Levin re: Iran and AUMF Here's some unclass language on the AQ issue: In addition to its support of proxies and terrorist groups abroad, Iran also harbors terrorists within its own borders, thereby facilitating their activities. Iran continues to allow Al Qaeda (AQ) operatives to reside in Iran, where they have been able to move money and fighters to South Asia and Syria. In 2016, the U.S. Treasury Department identified and sanctioned three senior AQ operatives residing in Iran and noted that Iran had knowingly permitted these AQ members, including several of the 9/11 hijackers, to transit its territory on their way to Afghanistan for training and operational planning. Official - SBU UNCLASSIFIED UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848236 Date: 12/14/2021 B6 STATE-19-0648-F-000024 CO 6 8 4 8 2 3 6'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848236 Date: 12/14/2021 A v1 From: ~----------~ Sent: Friday, July 26, 2019 2:56 PM To: Cc:~I ---------~ Subject: Letter from Congressman Levin re: Iran and AUMF We received the attached letter back in May from Congressman Levin, asking about (1) the factual basis for the Secretary's statement that Iran and Al-Qaeda are connected; and (2) the related legal analysis of the 2001 AUMF. I I I I I 11 wonder if I could ask for your help in developing an unclassified answer to the first question? I can handle drafting the response to the second question. Let me know what you all think. Best, Official - SBU UNCLASSIFIED UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848236 Date: 12/14/2021 B6 B5 B6 STATE-19-0648-F-000025 C068482411ED U.S. DepartmentofState Case No. F-2019-06548 DocNo.C06848241 Date: 12/14/2021 From: Sent: To: Cc: Thu, 8 Aug 2019 19:08:07 +0000 I I Subject: RE: Letter from Congressman Levin re: Iran and AUMF Hi~I -~ Clear for S/P. Thanks, D Official UNCLASSIFIED From: > ~------------~ Sent: Thursday, August 8, 2019 3:00 PM To:I ~-------------------------~ Subject: FW: Letter from Congressman Levin re: Iran and AUMF RELEASE IN PART 85,86 [DECONTROLLED[ Iran and H equities. Please let me know if you would like me to loop you into the email chain or if one of you would like to clear back to I ~irectly. Thanks, Official UNCLASSIFIED From:~----------~> Sent: Thursday, August 8, 2019 2:52 PM To:I 1 I 1f-----------------------~[~; P~/~A=F~D~uty Officer Cc: Subject: RE: Letter from Congressman Levin re: Iran and AUMF Folks - Refreshing this request for clearance, with the hope that you all can review by noon tomorrow. Many thanks, I Official UNCLASSIFIED A\/lr r 1/' 11. 1 pv ll.J.S. Department of State Case No. F-2019-06548 Doc No. C06848241 Date: 12/14/2021 B6 STATE-19-0648-F-000026 CO 68 4 82 41·1ED U.S. Department of State Case No. F-2019-06548 Doc No. C06848241 Date: 12/14/2021 A v1 From: Sent: M~o-nd~a-y-, -A-ug_u_s_t -5,2_0_1_9_7-:1_2_P_M ___ ~ To: Subject: RE: Letter from Congressman Levin re: Iran and AUMF Clear for SIAG Official UN CLASSIFIED From: ~-----------~ Sent: Monday. August 5. 2019 11:05 AM To:I Cc: SIAG Clearance ; ~--------------~ Subject: RE: Letter from Congressman Levin re: Iran and AUMF A minor tweak in the attached. Thanks L/AN From: ~----------~ Senf· Eridav Awwst 2 2019 3·34 PM To:_ I ~ ~---------------~---------------~ ~ Cc: SIAG Clearance ; ~--------------~ Subject: RE: Letter from Congressman Levin re: Iran and AUMF Folks-~-----~--~~---~ attached for your review is a draft response to Congressman Lieu. Let me know if you have any edits or concerns with this approach by COB Monday. Many thanks, Official UNCLASSIFIED UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848241 Date: 12/14/2021 86 85 86 STATE-19-0648-F-000027 CO 68 4 82 41·1ED U.S. Department of State Case No. F-2019-06548 Doc No. C06848241 Date: 12/14/2021 A v1 From: ~---~ Sent:Sunda To: C~c~: -----------~; SIAG Clearance ; ~---~ Subject: RE: Letter from Congressman Levin re: Iran and AUMF All￾Best, Official UNCLASSIFIED From: Sent: F~r-id~a-,-J~ul-2-6,-2-0_1_9 _8-:3_4_P_M ____~ To: < ~-----------------------------~ Cc:~----------~; SIAG Clearance Subject: RE: Letter from Congressman Levin re: Iran and AUMF 26, 2019 at 8:21:04 PM EDT ~-----------~ , SIAG _ Clearance Subject: RE: Letter from Congressman Levin re: Iran and AUMF UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848241 Date: 12/14/2021 BS B6 B6 B6 BS B6 STATE-19-0648-F-000028 CO 68 4 82 41·1ED U.S. Department of State Case No. F-2019-06548 Doc No. C06848241 Date: 12/14/2021 A v1 Thanks, = From: ~--------------~ Date: Jul 26 2019 at 5:26:23 PM EDT To: c: ~-----------~ , I _ earance Subject: RE: Letter from Congressman Levin re: Iran and AUMF C]trom INR who may be able to work some further unclass material or point us in the right direction there. Official - SBU UNCLASSIFIED From: ~------------~ Sent: Friday, July 26, 2019 4:25 PM To: Cc:~----------~>; SIAG_Clearance Subject: RE: Letter from Congressman Levin re: Iran and AUMF +SIAG colleagues Official - SBU UN CLASSIFIED UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848241 Date: 12/14/2021 B5 B6 B6 STATE-19-0648-F-000029 CO 68 4 82 41·1ED U.S. Department of State Case No. F-2019-06548 Doc No. C06848241 Date: 12/14/2021 A v1 From: ~-----------~ Sent•Fridav 1idv26 20193·50PI\A To:I < '--,cc-----=------~ Cc: ~----------~ Subject: RE: Letter from Congressman Levin re: Iran and AUMF Here's some unclass language on the AQ issue: In addition to its support of proxies and terrorist groups abroad, Iran also harbors te1Torists within its own borders, thereby facilitating their activities. Iran continues to allow Al Qaeda (AQ) operatives to reside in Iran, where they have been able to move money and fighters to South Asia and Syria. In 2016, the U.S. Treasury Department identified and sanctioned three senior AQ operatives residing in Iran and noted that Iran had knowingly permitted these AQ members, including several of the 9/11 hijackers, to transit its territory on their way to Afghanistan for training and operational planning. Official - SBU UNCLASSIFIED From: ~----------~ ~~=~t: Friday, July 26, 2019 2:56 PM - I> Subject: Letter from Congressman Levin re: Iran and AUMF We received the attached letter back in May from Congressman Levin, asking about (1) the factual basis for the Secretary's statement that Iran and Al-Qaeda are connected; and (2) the related legal analysis of the 2001 AUMF. I I I I I I wonder if I could ask for your help in developing an unclassified answer to the first question? I can handle drafting the response to the second question. Let me know what you all think. Best, Official - SBU UNCLASSIFIED UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848241 Date: 12/14/2021 86 86 85 86 STATE-19-0648-F-000030 CO 6 8 4 8 2 4 5IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848245 Date: 12/14/2021 RELEASE IN PART B5,B6 From: Sent: Mon, 5 Aug 2019 15:04:58 +0000 B6 [DECONTROLLED[ To: Cc: SIAG_Clearance; Subject: RE: Letter from Congressman Levin re: Iran and AUMF Attach: Letter to Lieu re AUMF and lran-AQ (Draft 8 2 2019).docx A minor tweak in the attached. Thanks From: ~----------~ Sent: Friday, August 2, 2019 3:34 PM To: < > ~---------------~-------------------.------' Cc: SIAG Clearance ; ~--------------~ Subject: RE: Letter from Congressman Levin re: Iran and AUMF Folks ~------~-~-~--~~attached for your review is a draft response to Congressman Lieu. Let me know if you have any edits or concerns with this approach by COB Monday. Official UNCLASSIFIED From: ~---~ Sent: Sunday, July 28, 2019 6:17 PM To: Cc: ; SIAG_Clearance ; ,------'------~-----~ ~---~ Subject: RE: Letter from Congressman Levin re: Iran and AUMF All￾A\/lr r 1/' 11. 1 pv ll.J.S. Department of State Case No. F-2019-06548 Doc No. C06848245 Date: 12/14/2021 B5 B6 B5 STATE-19-0648-F-000031 CO 68 4 82 4 5'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848245 Date: 12/14/2021 A v1 Best, Official UNCLASSIFIED From: Sent: F~r~id~ay-,~Ju~ly~26~,~2~01~9~8~:3~4~P~M----- To: < > "-----r------------~---------------~ Cc:~---------~ ; SIAG_Clearance Subject: RE: Letter from Congressman Levin re: Iran and AUMF From: ~~~~~~~~~~~---- Date: July 26, 2019 at 8:21:04 PM EDT To: < > Cc:~-----------~ , SIAG _ Clearance Subject: RE: Letter from Congressman Levin re: Iran and AUMF Thanks, UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848245 Date: 12/14/2021 B5 B6 B6 B5 B6 B5 B6 STATE-19-0648-F-000032 CO 68 4 82 4 5'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848245 Date: 12/14/2021 A v1 26 2019 at 5:26:23 PM EDT Cc:'---c---~~--~-~----- , SIAG _ Clearance Subject: RE: Letter from Congressman Levin re: Iran and AUMF +[=1rom INR who may be able to work some further unclass material or point us in the right direction there. Official - SBU UNCLASSIFIED From: ~-------------~ Sent: Friday, July 26, 2019 4:25 PM To: Cc:~-----------~; SIAG_Clearance Subject: RE: Letter from Congressman Levin re: Iran and AUMF +SIAG colleagues Official - SBU UN CLASSIFIED From: '---c-- ___________ ~ Sent: Friday, July 26, 2019 3:50 PM To:j <9'------,=--~--- Cc: ~----------~ Subject: RE: Letter from Congressman Levin re: Iran and AUMF Here's some unclass language on the AQ issue: In addition to its support of proxies and terrorist groups abroad, Iran also harbors terrorists within its own borders, thereby facilitating their activities. Iran continues to allow Al Qaeda (AQ) operatives to reside in Iran, where they have been able to move money and fighters to South Asia and Syria. In 2016, the U.S. Treasury Department identified and sanctioned three senior AQ operatives residing in Iran and noted that Iran had knowingly pe1mitted these AQ members, including several of the 9/1 I hijackers, to transit its territory on their way to Afghanistan for training and operational planning. UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848245 Date: 12/14/2021 B6 STATE-19-0648-F-000033 CO 68 4 82 4 5'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848245 Date: 12/14/2021 A v1 Official - SBU UN CLASSIFIED From: ~----------~ Sent: Friday, July 26, 2019 2:56 PM To: Cc: ~----------- Subject: Letter from Congressman Levin re: Iran and AUMF We received the attached letter back in May from Congressman Levin, asking about (1) the factual basis for the Secretary's statement that Iran and Al-Qaeda are connected; and (2) the related legal analysis of the 2001 AUMF. I I I I I 11 wonder if I could ask I for your help in developing an unclassified answer to the first question? I can handle drafting the response to the second question. Let me know what you all think. Best, Official - SBU UNCLASSIFIED UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848245 Date: 12/14/2021 B6 B5 B6 STATE-19-0648-F-000034 CO 6 8 4 8 2 6 3 IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848263 Date: 12/14/2021 From: Sent: Sat, 27 Jul 2019 06:08:21 +0000 To: Subject: RE: Letter from Congressman Levin re: Iran and AUMF Do you have a copy of the letter? From: ~~~~~~~~~~~~~ Date: Jul 27 2019 at 1:51:44 AM EDT To: RELEASE IN PART 85,86 [DECONTROLLED[ < Cc: , SIAG _ Clearance , Subject: RE: Letter from Congressman Levin re: Iran and AUMF Hi □ Thanks for this, would be very happy to meet and discuss! I I I Best, From: --------------- Date: Jul 26 2019 at 8:33:54 PM EDT To: A\/lr r 1/' A 1 pv .S. Department of State Case No. F-2019-06548 Doc No. C06848263 Date: 12/14/2021 B6 B5 B6 B5 STATE-19-0648-F-000035 CO 68 4 82 63'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848263 Date: 12/14/2021 A v1 From: ~-------------~ Date: July 26, 2019 at 8:21:04 PM EDT To: Cc:~-----------~ , SIAG _ Clearance Subject: RE: Letter from Congressman Levin re: Iran and AUMF Thanks, From: ~-------------~ Date: Jul 26, 2019 at 5:26:23 PM EDT To: Cc:~----~------- , SIAG _ Clearance Subject: RE: Letter from Congressman Levin re: Iran and AUMF ~rom INR who may be able to work some further unclass material or point us in the right direction there. Official - SBU UNCLASSIFIED UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848263 Date: 12/14/2021 B5 B6 B6 B6 STATE-19-0648-F-000036 CO 68 4 82 63'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848263 Date: 12/14/2021 A v1 From: ~-------------~ Sent: Friday, July 26, 2019 4:25 PM To. Cc:~----~-----~ ; SIAG_Clearance Subject: RE: Letter from Congressman Levin re: Iran and AUMF +SIAG colleagues Official - SBU UNCLASSIFIED From: ~-----------~ Sent: Friday, July 26, 2019 3:50 PM To Cc: ~-----------~ Subject: RE: Letter from Congressman Levin re: Iran and AUMF Here's some unclass language on the AQ issue: In addition to its support of proxies and terrorist groups abroad, Iran also harbors terrorists within its own borders, thereby facilitating their activities. Iran continues to allow Al Qaeda (AQ) operatives to reside in Iran, where they have been able to move money and fighters to South Asia and Syria. In 2016, the U.S. Treasury Department identified and sanctioned three senior AQ operatives residing in Iran and noted that Iran had knowingly permitted these AQ members, including several of the 9/1 I hijackers, to transit its territory on their way to Afghanistan for training and operational planning. Official - SBU UN CLASSIFIED UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848263 Date: 12/14/2021 B6 STATE-19-0648-F-000037 CO 68 4 82 63'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848263 Date: 12/14/2021 A v1 From: ~----------~ Sent: Friday, July 26, 2019 2:56 PM To:I Cc:~I --------~ Subject: Letter from Congressman Levin re: Iran and AUMF We received the attached letter back in May from Congressman Levin, asking about (1) the factual basis for the Secretary's statement that Iran and Al-Qaeda are connected· and 2 the related le al anal sis of the 2001 AUMF. I wonder if I could ask ~-------------------------~ for your help in developing an unclassified answer to the first question? I can handle drafting the response to the second question. Let me know what you all think. Best, Official - SBU UNCLASSIFIED UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848263 Date: 12/14/2021 B6 BS B6 STATE-19-0648-F-000038 CO 6 8 4 8 3 O 9·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848309 Date: 12/14/2021 From: Sent: Fri, 26 Jul 2019 15:32:31 +0000 To: Subject: RE: Outline for Brown Bag Attach: Outline - AUMF and Related Issues Brown Bag 7 26 2019.docx RELEASE IN PART B5,B6 As indicated in the attached, I would recommend j D I'd plan on handling that part of the discussion~_-B~e-s-t,~LJ-~------------~ From: ~----~ Sent: Friday, July 26, 2019 11:09 AM To: > ~----~ Subject: RE: Outline for Brown Bag Some further tweaks below. From: ~----------~ Sent: Friday, July 26, 2019 11:07 AM To: Subject: RE: Outline for Brown Bag OK fine, I'll go with the cleaned-up version. From: ~-----------~ Sent: Friday, July 26, 2019 11:00 AM &ject: RE: Outhne for !rown Bag I laughed. No edits from me. Official - Transitory UNCLASSIFIED From: ~----------~ ~:11: Friday, July 26, 201910:56 AM r~ _____ r Subject: RE: Outline for Brown Bag I would suggest just a few edits below! My joke is probably no better© Best, A\/lr r 1/' 11. 1 pv ll.J.S. Department of State Case No. F-2019-06548 Doc No. C06848309 Date: 12/14/2021 B6 B5 B6 STATE-19-0648-F-000039 CO 6 8 4 8 3 O 9·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848309 Date: 12/14/2021 A v1 Official UNCLASSIFIED From: ~----------- Sent: Friday, July 26, 2019 10:49 AM To:I 1~--~F Subject: RE: Outline for Brown Bag 45 minutes for presentation and 45 minutes for questions sounds great! Also, here is a draft e-mail to L - would you mind reviewing to see if it sounds OK? Feel free to improve on the cheesy jokes - not my I I L Brownbag on Authorization for the Use of Military Force (Tuesday, August 13 at 1-2:30 in [ROOM]): ~--~I Presenters will bel I ~-----------------------~ From: ~----------- Sent: Friday, July 26, 2019 10:22 AM To~ Cc:,_I ---------~f------------ ~ Subject: Outline for Brown Bag D -Attached is a rough outline for what we might cover in the upcoming brown bag and how we might divide up the presentation. Welcome any and all thoughts/edits! We can build out the substance once we have an outline we all like. welcome your thoughts as well! I think normally the Brown Bags are 90 minutes, with a 45- ~-~ minute presentation and 45 minutes for questions, is that right? Best, Official UNCLASSIFIED UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848309 Date: 12/14/2021 B6 B5 B6 STATE-19-0648-F-000040 CO 6 8 4 8 313 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848313 Date: 12/14/2021 SENSITIVE BUT UNCLASSIFIED/DRAFT Outline - L Brown Bag on AUMF and Related Issues August 13, 2019 A\/lr r 1/' 11. 1 RELEASE IN PART 85,86 [DECONTROLLED[ 85 86 pv .S. Department of State Case No. F-2019-06548 Doc No. C06848313 Date: 12/14/2021 STATE-19-0648-F-000041 CO 6 8 4 8 313.IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848313 Date: 12/14/2021 SENSITIVE BUT UNCLASSIFIED/DRAFT A v1 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848313 Date: 12/14/2021 B5 B6 STATE-19-0648-F-000042 CO 6 8 4 8 315 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848315 Date: 12/14/2021 RELEASE IN PART B5,B6 From: [DECONTROLLED[ 86 Sent: Tue, 13 Aug 2019 14:23:05 +0000 To: Cc: Subject: RE: Outline for Wednesday Attach: Outline - AUMF and Related Issues Brown Bag 8 13 2019.docx Here it is with my points I certainly welcome any feedback from this group, as well as from Josh. Official - SBU UNCLASSIFIED From: ~----------~ Sent: Tuesday, August 13, 2019 10:10 AM To: ~------------------------cc,--~ Cc: Subject: RE: Outline for Wednesday Great C=1 anything from you before we send to Josh? c=l- welcome any input from you as well, if you have time. I Best, Official - SBU UNCLASSIFIED From: ~-------------~ > ~:T Tuesday, August 13, 2019 958 AM r Cc:'-c-l-~~~-~~~~-------------~f Subject: RE: Outline for Wednesday Some additional points from me in the attached. From:~----------~> Sent: Tuesday, August 13, 2019 9:01 AM To: Cc: ,~------------------------~-~ ~-----------------------~ Subject: RE: Outline for Wednesday Fine by me - here is a draft handout, for edits/comments/additions. A\/lr r 1/' 11. 1 pv ll.J.S. Department of State Case No. F-2019-06548 Doc No. C06848315 Date: 12/14/2021 B5 B6 STATE-19-0648-F-000043 CO 6 8 4 8 31 S'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848315 Date: 12/14/2021 A v1 I Best, Official UNCLASSIFIED From: ~------------ Sent: Monday, August 12, 2019 5:25 PM To:I ~ Cc:,<----1 ---------------------rf Subject: RE: Outline for Wednesday From:~~--------~> Sent: Monday, August 12, 2019 5:19 PM To: ,-'------------------------~-~ Cc: ~---------------------~ Subject: RE: Outline for Wednesday Thank Best, j ~-- From: ~-------------~ Date: August 12, 2019 at 5:02:41 PM EDT To:I ~ Cc:\--I ------------------~f Subject: RE: Outline for Wednesday UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848315 Date: 12/14/2021 B6 BS B6 B6 BS STATE-19-0648-F-000044 CO 6 8 4 8 31 S'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848315 Date: 12/14/2021 A v1 I had a preliminary comment in the attached and will add points tomorrow. If there's a handout, that would be useful to see. Thanks From: ~;r ~----- Monday, August 12, 20191:57 PM r ~----~------------------- Subject: RE: Outline for Wednesday Thanks, I'll try to send something around tomorrow morning. --~ From: ~----------~ Sent: Monday, August 12, 2019 1:49 PM To: > Cc:I'-------------------------~-~ Subject: Outline for Wednesday Attached are my sections of the outline for Wednesday's brown bag. Feel free to add your own notes so we have a single working outline - I'd like to give Oand Josh the opportunity to review in advance, so if you could add your notes by mid-morning tomorrow, that would be great. I Many thanks, Official - SBU UNCLASSIFIED UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848315 Date: 12/14/2021 BS B6 B6 B6 STATE-19-0648-F-000045 CO6848316'1ED U.S. DepartmentofState Case No. F-2019-06548 DocNo.C06848316 Date: 12/14/2021 SENSITIVE BUT UNCLASSIFIED/DRAFT Outline - L Brown Bag on AUMF and Related Issues August 13, 2019 A\/lr r 1/' 11. 1 RELEASE IN PART 85,86 IDECONTROLLEDJ pv .S. Department of State Case No. F-2019-06548 Doc No. C06848316 Date: 12/14/2021 B5 B6 STATE-19-0648-F-000046 CO 6 8 4 8 316.IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848316 Date: 12/14/2021 A v1 SENSITIVE BUT UNCLASSIFIED/DRAFT B5 B6 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848316 Date: 12/14/2021 STATE-19-0648-F-000047 CO 6 8 4 8 316.IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848316 Date: 12/14/2021 SENSITIVE BUT UNCLASSIFIED/DRAFT A v1 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848316 Date: 12/14/2021 B5 STATE-19-0648-F-000048 CO 6 8 4 8 316.IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848316 Date: 12/14/2021 SENSITIVE BUT UNCLASSIFIED/DRAFT A v1 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848316 Date: 12/14/2021 B5 B6 STATE-19-0648-F-000049 CO 6 8 4 8 316.IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848316 Date: 12/14/2021 SENSITIVE BUT UNCLASSIFIED/DRAFT A v1 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848316 Date: 12/14/2021 B5 B6 STATE-19-0648-F-000050 CO 6 8 4 8 316.IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848316 Date: 12/14/2021 A v1 SENSITIVE BUT UNCLASSIFIED/DRAFT 85 86 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848316 Date: 12/14/2021 STATE-19-0648-F-000051 CO 6 8 4 8 316.IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848316 Date: 12/14/2021 SENSITIVE BUT UNCLASSIFIED/DRAFT A v1 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848316 Date: 12/14/2021 B5 STATE-19-0648-F-000052 CO 6 8 4 8 316.IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848316 Date: 12/14/2021 SENSITIVE BUT UNCLASSIFIED/DRAFT A v1 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848316 Date: 12/14/2021 B5 STATE-19-0648-F-000053 CO 6 8 4 8 316.IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848316 Date: 12/14/2021 SENSITIVE BUT UNCLASSIFIED/DRAFT A v1 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848316 Date: 12/14/2021 B5 STATE-19-0648-F-000054 CO 6 8 4 8 316.IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848316 Date: 12/14/2021 A v1 SENSITIVE BUT UNCLASSIFIED/DRAFT B5 B6 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848316 Date: 12/14/2021 STATE-19-0648-F-000055 CO 6 8 4 8 316.IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848316 Date: 12/14/2021 SENSITIVE BUT UNCLASSIFIED/DRAFT A v1 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848316 Date: 12/14/2021 B5 B6 STATE-19-0648-F-000056 CO 6 8 4 8 316.IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848316 Date: 12/14/2021 SENSITIVE BUT UNCLASSIFIED/DRAFT A v1 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848316 Date: 12/14/2021 85 STATE-19-0648-F-000057 CO 6 8 4 8 318 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848318 Date: 12/14/2021 I From: Sent: To: Cc: I Tue, 13 Aug 201913:57:40 +0000 Subject: RE: Outline for Wednesday Attach: Outline - AUMF and Related Issues Brown Bag 8 8 2019 BCF.docx Some additional points from me in the attached. From: ~----------~ Sent: Tuesday, August 13, 2019 9:01 AM To: r===~~~~~~~~~~~~~~~~~~~~~~~~-~ Cc: ~-----------------------~ Subject: RE: Outline for Wednesday Fine by me - here is a draft handout, for edits/comments/additions. Best, Official UNCLASSIFIED From: ~:r ~------------~ Monday, August 12, 2019 5:25 PM r ~-----------------------~ Subject: RE: Outline for Wednesday From: I ~ Sent: Monday, August 12, 2019 5:19 PM A\/lr r 11" 11. 1 RELEASE IN PART 85,86 [DECONTROLLED] pv ll.J.S. Department of State Case No. F-2019-06548 Doc No. C06848318 Date: 12/14/2021 B6 B5 B6 STATE-19-0648-F-000058 CO 6 8 4 8 318'1ED U.S. Department of State Case No. F-2019-06548 Doc No. C06848318 Date: 12/14/2021 A v1 To: ~--------------------------~ Cc: Sub~je_c_t_: R_E_:_O_u~tl-in-e~f-or_W_e~d-ne-s~d-ay--------------~ Thanks Best, From: > ~---~~--~------~ Date: August 12, 2019 at 5:02:41 PM EDT To:I p Cc:\--1 -------------------------,----'f Subject: RE: Outline for Wednesday I had a preliminary comment in the attached and will add points tomorrow. If there's a handout, that would be useful to see. Thanks From: ~----~ Sent: Monday, August 12, 2019 1:57 PM To: Cc: Subject: RE: Outline for Wednesday Thanks, D I'll try to send something around tomorrow morning. From:I I> Sent: Monday, August 12, 2019 1:49 PM To: > r----------------------------~ Cc: ~-----------------------~ Subject: Outline for Wednesday DD Attached are my sections of the outline for Wednesday's brown bag. Feel free to add your own notes so we have a single working outline - I'd like to give[Jand Josh the opportunitv to review in advance so if you could add your notes by mid-morning tomorrow, that would be great. I I I Many thalnks, UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848318 Date: 12/14/2021 86 86 85 85 86 86 STATE-19-0648-F-000059 CO 6 8 4 8 318'1ED U.S. Department of State Case No. F-2019-06548 Doc No. C06848318 Date: 12/14/2021 A v1 Official - SBU UNCLASSIFIED UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848318 Date: 12/14/2021 STATE-19-0648-F-000060 CO684832O'IED U.S. DepartmentofState Case No. F-2019-06548 DocNo.C06848320 Date: 12/14/2021 SENSITIVE BUT UNCLASSIFIED/DRAFT Outline - L Brown Bag on AUMF and Related Issues August 13, 2019 A\/lr r 1/' 11. 1 RELEASE IN PART 85,86 [DECONTROLLED[ pv .S. Department of State Case No. F-2019-06548 Doc No. C06848320 Date: 12/14/2021 B5 B6 STATE-19-0648-F-000061 CO 6 8 4 8 32 O·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848320 Date: 12/14/2021 A v1 SENSITIVE BUT UNCLASSIFIED/DRAFT B5 B6 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848320 Date: 12/14/2021 STATE-19-0648-F-000062 CO 6 8 4 8 32 O·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848320 Date: 12/14/2021 SENSITIVE BUT UNCLASSIFIED/DRAFT B5 A v1 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848320 Date: 12/14/2021 STATE-19-0648-F-000063 CO 6 8 4 8 32 O·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848320 Date: 12/14/2021 SENSITIVE BUT UNCLASSIFIED/DRAFT A v1 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848320 Date: 12/14/2021 B5 B6 STATE-19-0648-F-000064 CO 6 8 4 8 32 O·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848320 Date: 12/14/2021 B5 SENSITIVE BUT UNCLASSIFIED/DRAFT B6 A v1 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848320 Date: 12/14/2021 STATE-19-0648-F-000065 CO 6 8 4 8 32 O·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848320 Date: 12/14/2021 SENSITIVE BUT UNCLASSIFIED/DRAFT A v1 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848320 Date: 12/14/2021 B5 STATE-19-0648-F-000066 CO 6 8 4 8 32 O·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848320 Date: 12/14/2021 SENSITIVE BUT UNCLASSIFIED/DRAFT A v1 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848320 Date: 12/14/2021 B5 STATE-19-0648-F-000067 CO 6 8 4 8 32 O·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848320 Date: 12/14/2021 SENSITIVE BUT UNCLASSIFIED/DRAFT A v1 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848320 Date: 12/14/2021 B5 B6 STATE-19-0648-F-000068 CO 6 8 4 8 32 O·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848320 Date: 12/14/2021 A v1 SENSITIVE BUT UNCLASSIFIED/DRAFT B5 --------------------------~B6 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848320 Date: 12/14/2021 STATE-19-0648-F-000069 CO 6 8 4 8 32 O·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848320 Date: 12/14/2021 SENSITIVE BUT UNCLASSIFIED/DRAFT A v1 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848320 Date: 12/14/2021 B5 B6 STATE-19-0648-F-000070 CO 6 8 4 8 32 O·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848320 Date: 12/14/2021 SENSITIVE BUT UNCLASSIFIED/DRAFT A v1 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848320 Date: 12/14/2021 85 STATE-19-0648-F-000071 CO 6 8 4 8 3 21 IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848321 Date: 12/14/2021 [RELEASE IN PART 86] From: Sent: To: Mon, 12 Aug 2019 21:02:40 +0000 I I ]DECONTROLLED] Cc: Subject: RE: Outline for Wednesday Attach: Outline - AUMF and Related Issues Brown Bag 8 8 2019 BCF.docx I had a preliminary comment in the attached and will add points tomorrow. If there's a handout, that would be useful to see. Thanks From: ~----~ Sent: Monday, August 12, 2019 1:57 PM To: Cr----------------------------< Cc: ~------------------------~ Subject: RE: Outline for Wednesday Thanks,~I -~I I'll try to send something around tomorrow morning. From:~----------~·> ~=T Monday, August 12, 2019 1,49 PM Cc:l F ~-----------------------~ Subject: Outline for Wednesday DD￾B6 Attached are my sections of the outline for Wednesday's brown bag. Feel free to add your own notes so we have a single working outline - I'd like to give[Jand Josh the opportunitv to review in advance so if you could add your notes by mid-morning tomorrow, that would be great. I I B5 Many thanks, Official - SBU UNCLASSIFIED A\/lr r 1/' 11. 1 pv ll.J.S. Department of State Case No. F-2019-06548 Doc No. C06848321 Date: 12/14/2021 B6 B6 STATE-19-0648-F-000072 CO 6 8 4 8 3 2 3 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848323 Date: 12/14/2021 SENSITIVE BUT UNCLASSIFIED/DRAFT Outline - L Brown Bag on AUMF and Related Issues August 13, 2019 A\/lr r 1/' 11. 1 RELEASE IN PART B5,B6 [DECONTROLLED] 85 86 pv .S. Department of State Case No. F-2019-06548 Doc No. C06848323 Date: 12/14/2021 STATE-19-0648-F-000073 CO 6 8 4 8 32 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848323 Date: 12/14/2021 A v1 SENSITIVE BUT UNCLASSIFIED/DRAFT 85 86 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848323 Date: 12/14/2021 STATE-19-0648-F-000074 CO 6 8 4 8 32 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848323 Date: 12/14/2021 SENSITIVE BUT UNCLASSIFIED/DRAFT A v1 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848323 Date: 12/14/2021 B5 STATE-19-0648-F-000075 CO 6 8 4 8 32 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848323 Date: 12/14/2021 A v1 SENSITIVE BUT UNCLASSIFIED/DRAFT BS B6 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848323 Date: 12/14/2021 STATE-19-0648-F-000076 CO 6 8 4 8 32 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848323 Date: 12/14/2021 SENSITIVE BUT UNCLASSIFIED/DRAFT A v1 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848323 Date: 12/14/2021 B5 STATE-19-0648-F-000077 CO 6 8 4 8 32 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848323 Date: 12/14/2021 SENSITIVE BUT UNCLASSIFIED/DRAFT A v1 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848323 Date: 12/14/2021 B5 STATE-19-0648-F-000078 CO 6 8 4 8 32 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848323 Date: 12/14/2021 A v1 SENSITIVE BUT UNCLASSIFIED/DRAFT B5 B6 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848323 Date: 12/14/2021 STATE-19-0648-F-000079 CO 6 8 4 8 32 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848323 Date: 12/14/2021 A v1 SENSITIVE BUT UNCLASSIFIED/DRAFT B5 B6 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848323 Date: 12/14/2021 STATE-19-0648-F-000080 CO 6 8 4 8 32 3·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848323 Date: 12/14/2021 SENSITIVE BUT UNCLASSIFIED/DRAFT A v1 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848323 Date: 12/14/2021 B5 STATE-19-0648-F-000081 CO 6 8 4 8 3 2 5 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848325 Date: 12/14/2021 From: Sent: Tue, 13 Aug 2019 15:14:17 +0000 To: Cc: Subject: RE: Outline for Wednesday Attach: Outline - AUMF and Related Issues Brown Bag 8 13 2019 (COMPLETE).docx This is great. I've marked a few typos and minor editorial points. Thanks. Official - SBU UNCLASSIFIED From: ~----------~ Sent: Tuesday, August 13, 2019 10:33 AM To: >--------------------------~-~ Cc: Subject: RE: Outline for Wednesday RELEASE IN PART 85,86 86 [DECONTROLLED! Thanks so muchj~~--~~ would you like to review before this goes to Josh? If so, I'm attaching a consolidated version. ~--~l-1 didn't have anything to add on your pieces. I Best, Official - SBU UNCLASSIFIED From: ~-----------~ Sent: Tuesday, August 13, 2019 10:23 AM To:I ~ ~------------------------~~ Cc: ~------------------------~ Subject: RE: Outline for Wednesday Here it is with my points - I certainly welcome any feedback from this group, as well as from Josh. Official - SBU UNCLASSIFIED From: ~----------~ Sent: Tuesday, August 13, 2019 10:10 AM To: A\/lr r 1/' 11. 1 pv ll.J.S. Department of State Case No. F-2019-06548 Doc No. C06848325 Date: 12/14/2021 STATE-19-0648-F-000082 CO 6 8 4 8 32 S'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848325 Date: 12/14/2021 A v1 Cc: Sub~je-c-t:_R_E-:0-ut~li_n_e~fo_r_W-ed~n-e-s~da-y-------------~ Great ~ welcome any input from you as well, if you have time. I Best. Official - SBU UNCLASSIFIED From: ~------------~ Sent: Tuesday, August 13, 2019 9:58 AM To: Cc: ~-----------------------~ Subject: RE: Outline for Wednesday Some additional points from me in the attached. From: > Sent: Tuesday, August 13, 2019 9:01 AM To:I Cc: Subject: :1 -=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--~f~~ RE: Outline for Wednesday Fine by me - here is a draft handout, for edits/comments/additions. Best, Official UNCLASSIFIED From: Sent: Monday, August 12, 2019 5:25 PM To: Cc: > ~-----------------------~ Subject: RE: Outline for Wednesday > UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848325 Date: 12/14/2021 B5 B6 B6 B6 B5 STATE-19-0648-F-000083 CO 6 8 4 8 32 S'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848325 Date: 12/14/2021 A v1 From: ~---------~ Sent: Monday, August 12, 2019 5:19 PM To:I Cc: Subject: :1 =====================================~~I>-~ RE: Outline for Wednesday Best, From: ~-------------~ Date: Au:ust 12, 2019 at 5:02:41 PM EDT To:I Cc:f-. --------------------------______,! r Subject: . E: Outlme for Wednesday I had a preliminary comment in the attached and will add points tomorrow. If there's a handout, that would be useful to see. Thanks From: ~----~ Sent: Monday, August 12, 2019 1:57 PM To: > Cc: ~----------------------~ Subject: RE: Outline for Wednesday Thanks, I'll try to send something around tomorrow morning. ~-~ From: ~---------~ Sent: Monday, August 12, 2019 1:49 PM To:j~------~-~ Cc:I· ~----------------------~ Subject: Outline for Wednesday DD￾UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848325 Date: 12/14/2021 B5 B6 B6 B5 B6 STATE-19-0648-F-000084 CO 6 8 4 8 32 S'IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848325 Date: 12/14/2021 A v1 Attached are my sections of the outline for Wednesday's brown bag. Feel free to add your own notes so we have a single working outline - I'd like to giveOand Josh the opportunity to review in advance, so B6 if you could add your notes by mid-morning tomorrow, that would be great. I I B5 I Many thalnks, Official - SBU UNCLASSIFIED UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848325 Date: 12/14/2021 B6 B6 STATE-19-0648-F-000085 CO 6 8 4 8 3 2 7 ·IED U.S. Department of State Case No. F-2019-06548 Doc No. C06848327 Date: 12/14/2021 SENSITIVE BUT UNCLASSIFIED/DRAFT Outline - L Brown Bag on AUMF and Related Issues Au2ust 13, 2019 A\/lr r 1/' 11. 1 RELEASE IN PART 85,86 [DECONTROLLED] pv .S. Department of State Case No. F-2019-06548 Doc No. C06848327 Date: 12/14/2021 B5 B6 STATE-19-0648-F-000086 CO 6 8 4 8 32 TIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848327 Date: 12/14/2021 SENSITIVE BUT UNCLASSIFIED/DRAFT A v1 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848327 Date: 12/14/2021 B5 B6 STATE-19-0648-F-000087 CO 6 8 4 8 32 TIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848327 Date: 12/14/2021 A v1 SENSITIVE BUT UNCLASSIFIED/DRAFT B5 B6 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848327 Date: 12/14/2021 STATE-19-0648-F-000088 CO 6 8 4 8 32 TIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848327 Date: 12/14/2021 A v1 SENSITIVE BUT UNCLASSIFIED/DRAFT BS B6 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848327 Date: 12/14/2021 STATE-19-0648-F-000089 CO 6 8 4 8 32 TIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848327 Date: 12/14/2021 SENSITIVE BUT UNCLASSIFIED/DRAFT A v1 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848327 Date: 12/14/2021 B5 B6 STATE-19-0648-F-000090 CO 6 8 4 8 32 TIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848327 Date: 12/14/2021 A v1 SENSITIVE BUT UNCLASSIFIED/DRAFT 85 86 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848327 Date: 12/14/2021 STATE-19-0648-F-000091 CO 6 8 4 8 32 TIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848327 Date: 12/14/2021 SENSITIVE BUT UNCLASSIFIED/DRAFT A v1 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848327 Date: 12/14/2021 85 STATE-19-0648-F-000092 CO 6 8 4 8 32 TIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848327 Date: 12/14/2021 SENSITIVE BUT UNCLASSIFIED/DRAFT A v1 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848327 Date: 12/14/2021 B5 STATE-19-0648-F-000093 CO 6 8 4 8 32 TIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848327 Date: 12/14/2021 SENSITIVE BUT UNCLASSIFIED/DRAFT A v1 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848327 Date: 12/14/2021 B5 STATE-19-0648-F-000094 CO 6 8 4 8 32 TIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848327 Date: 12/14/2021 SENSITIVE BUT UNCLASSIFIED/DRAFT A v1 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848327 Date: 12/14/2021 B5 B6 STATE-19-0648-F-000095 CO 6 8 4 8 32 TIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848327 Date: 12/14/2021 A v1 SENSITIVE BUT UNCLASSIFIED/DRAFT BS B6 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848327 Date: 12/14/2021 STATE-19-0648-F-000096 CO 6 8 4 8 32 TIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848327 Date: 12/14/2021 SENSITIVE BUT UNCLASSIFIED/DRAFT A v1 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848327 Date: 12/14/2021 B5 STATE-19-0648-F-000097 CO 6 8 4 8 32 TIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848327 Date: 12/14/2021 SENSITIVE BUT UNCLASSIFIED/DRAFT A v1 UNCLASSIFIED U.S. Department of State Case No. F-2019-06548 Doc No. C06848327 Date: 12/14/2021 B5