Washington (CNN)As President Joe Biden’s withdrawal from Afghanistan nears completion, his administration still hasn’t finalized its policy for pursuing terrorists in the country once US troops have departed.
While the US military will retain authority to carry out strikes against the Taliban in support of Afghan forces, as CNN reported on Friday, that authority does not necessarily extend to counter-terrorism operations in the country against those suspected of planning attacks against the US homeland or allies.
For years, the CIA and US military have had broad authority to kill suspected terrorists in Afghanistan, targeting decisions that could be made by senior military and intelligence officials and did not always need final sign off by the White House.
But as Biden prepares to end the war, his National Security Council is studying whether to raise the bar for the CIA and the Pentagon to carry out deadly drone strikes and commando raids once US troops are gone, according to people familiar with the matter.
Sources tell CNN that the Biden administration is also still debating whether to remove the combat zone designation for Afghanistan — a technical distinction that in recent years has greatly impacted how freely the US uses lethal drone strikes and commando raids in a given country.
Under the Trump administration, commanders in the field were authorized to make targeting decisions under their own authority in countries like Yemen and Somalia, in addition to Afghanistan. But the Biden administration is reviewing the rules there as well, and it remains to be seen if the administration will put Afghanistan on a similar footing or implement specific criteria for terrorists there post-withdrawal.
“It makes sense that when we end our engagement in Afghanistan, we would have to apply some version of the rules that apply for everywhere else,” said Bobby Chesney, director of the Robert S. Strauss Center for International Security and Law at the University of Texas. “One way to look at it is to say this is just part and parcel of shifting away from Afghanistan as a theatre of combat operations.”
So far, the NSC deliberations — which are nested within a broader study of Pentagon and CIA authorities globally — are in early stages, officials familiar with the work tell CNN, and options have not yet been delivered to senior White House officials for final review.
That current uncertainty leaves the military and the CIA in limbo as they await updated guidance on what kind of approval they will need to launch lethal strikes after Biden declares the war to be over.
White House press secretary Jen Psaki told reporters on Wednesday that the US would continue to work with countries “that share our interest in countering the reemergence of a serious external plotting capability emanating from Afghanistan, should that emerge,” but noted that Afghan security forces would be “in the lead” following the US troop withdrawal.
Internally, CIA officials remain uncertain of what the agency’s future operations in Afghanistan will look like after the withdrawal, according to people familiar with the matter. Agency officials are closely watching the security situation on the ground as predictions about Afghanistan’s stability have become more dire over time.
“The security situation is not good right now,” Gen. Scott Miller, the top US general in Afghanistan, told reporters on Tuesday.
Lawmakers raise questions
Both Republican and Democratic lawmakers on Capitol Hill and former officials have consistently raised concerns about how the US plans to gather intelligence on and prevent potential threats to the homeland after the pullout is complete.
Rep. Andy Kim, a New Jersey Democrat on the House Armed Services Committee, told CNN this week that there have been some initial discussions between lawmakers and administration officials about how the US will conduct counter-terrorism operations in Afghanistan but he has not yet seen anything that lays out what capabilities, both covert and non-covert, will be available — and what authorities they will have.
The current NSC review is designed to answer some of those questions. The deliberations over how to empower the CIA and the military in Afghanistan highlight the delicate balancing act Biden faces in trying to “end” a war with an adversary who is still fighting — without losing the ability to conduct counter-terrorism strikes.
What parameters are ultimately imposed may signal how committed the Biden administration is about “ending America’s forever war.”
“Will we continue to do strikes against al Qaeda? Will we still have the legal right to attack the Taliban, if we do not see a direct threat emerging to the US?” asked Michael O’Hanlon, a senior fellow at The Brookings Institution specializing in defense and forei
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