Ben Farley
@brfarley.bsky.social
International law, law of armed conflict, national security law and policy, constitutional and criminal law.
Pinned
Ben Farley
@brfarley.bsky.social
· May 11
A to-do list for a future Democratically controlled Congress:
- repeal AUMFs
- repeal authority for transfer of military armaments to state/local police departments
- prohibit federal law enforcement from obscuring identity and affiliation
- authorize private tort action against federal officials
- repeal AUMFs
- repeal authority for transfer of military armaments to state/local police departments
- prohibit federal law enforcement from obscuring identity and affiliation
- authorize private tort action against federal officials
Reposted by Ben Farley
“We conclude that Maduro likely qualifies as a POW under one (or more) of the theories explained below, and as such should be afforded that status while in U.S. custody.”
www.justsecurity.org/129407/presi...
www.justsecurity.org/129407/presi...
Is President Maduro a Prisoner of War?
Three theories by which POW status might attach to a person in Maduro’s position, and the consequences of entitlement to that status.
www.justsecurity.org
January 26, 2026 at 11:00 PM
“We conclude that Maduro likely qualifies as a POW under one (or more) of the theories explained below, and as such should be afforded that status while in U.S. custody.”
www.justsecurity.org/129407/presi...
www.justsecurity.org/129407/presi...
Reposted by Ben Farley
Does the U.S. capture of Maduro trigger POW status? Just Security analysis from former State Dept advisor and IHL scholars lays out three legal theories. Key point: the U.S. cannot simply declare there is no war when it used armed force against another state.
January 28, 2026 at 1:33 AM
Does the U.S. capture of Maduro trigger POW status? Just Security analysis from former State Dept advisor and IHL scholars lays out three legal theories. Key point: the U.S. cannot simply declare there is no war when it used armed force against another state.
Reposted by Ben Farley
During his first court appearance in the United States, Maduro demanded to be afforded POW status. But does he have it? According to Tracey Begley, Benjamin Farley, and @mikeschmitt.bsky.social, he likely does. Read more here:
www.justsecurity.org/129407/presi...
#Maduro #Venezuela #POW #IHL
www.justsecurity.org/129407/presi...
#Maduro #Venezuela #POW #IHL
Is President Maduro a Prisoner of War?
Three theories by which POW status might attach to a person in Maduro’s position, and the consequences of entitlement to that status.
www.justsecurity.org
January 26, 2026 at 1:38 PM
During his first court appearance in the United States, Maduro demanded to be afforded POW status. But does he have it? According to Tracey Begley, Benjamin Farley, and @mikeschmitt.bsky.social, he likely does. Read more here:
www.justsecurity.org/129407/presi...
#Maduro #Venezuela #POW #IHL
www.justsecurity.org/129407/presi...
#Maduro #Venezuela #POW #IHL
While this isn't an invasion of Ecuador, it does look like a breach (or attempted breach) of U.S. obligations under the Vienna Convention on Consular Relations.
It also might violate U.S. criminal law intended to implement U.S. international law obligations. E.g., 18 USC 112 & 878
It also might violate U.S. criminal law intended to implement U.S. international law obligations. E.g., 18 USC 112 & 878
1/27/2026 - Minneapolis
ICE just attempted an illegal entry into the ECUADORIAN CONSULATE to abduct someone
They did not have a warrant
ICE just attempted an illegal entry into the ECUADORIAN CONSULATE to abduct someone
They did not have a warrant
January 28, 2026 at 1:17 PM
While this isn't an invasion of Ecuador, it does look like a breach (or attempted breach) of U.S. obligations under the Vienna Convention on Consular Relations.
It also might violate U.S. criminal law intended to implement U.S. international law obligations. E.g., 18 USC 112 & 878
It also might violate U.S. criminal law intended to implement U.S. international law obligations. E.g., 18 USC 112 & 878
"Slowly then all at once"--true for bankruptcy and the end of the SDF's detention regime in northeast Syria, alike. But with it, new challenges, the same old challenges, and some even worse ones.
From @niaolainf.bsky.social and @annecharbord.bsky.social:
www.justsecurity.org/129727/north...
From @niaolainf.bsky.social and @annecharbord.bsky.social:
www.justsecurity.org/129727/north...
We Told You So: Now What for Northeast Syria?
Chaos in the camps and prisons in NE Syria was predictable. The new Syrian government must provide security and protection to the detainees.
www.justsecurity.org
January 28, 2026 at 12:00 AM
"Slowly then all at once"--true for bankruptcy and the end of the SDF's detention regime in northeast Syria, alike. But with it, new challenges, the same old challenges, and some even worse ones.
From @niaolainf.bsky.social and @annecharbord.bsky.social:
www.justsecurity.org/129727/north...
From @niaolainf.bsky.social and @annecharbord.bsky.social:
www.justsecurity.org/129727/north...
Pinnacle of professionalism
Trump ICE goon moons protestors
Best of the the best, this bunch. A real serious operation🎪
(H/T @reallyamerican.bsky.social )
Best of the the best, this bunch. A real serious operation🎪
(H/T @reallyamerican.bsky.social )
January 27, 2026 at 7:17 PM
Pinnacle of professionalism
Reposted by Ben Farley
BREAKING: We, alongside the ACLU (@aclu.org), ACLU Mass. (@aclum.bsky.social), and Prof. Jonathan Hafetz of Seton Hall Law School, have joined the family members of two Trinidadian men killed in a U.S. missile strike in Oct. in suing the U.S. government for wrongful death and extrajudicial killing.
January 27, 2026 at 5:46 PM
BREAKING: We, alongside the ACLU (@aclu.org), ACLU Mass. (@aclum.bsky.social), and Prof. Jonathan Hafetz of Seton Hall Law School, have joined the family members of two Trinidadian men killed in a U.S. missile strike in Oct. in suing the U.S. government for wrongful death and extrajudicial killing.
Democrats should be insisting on a Bivens and QI fix. Better than the imposition of restrictions is an actual means of private accountability for rights violations—that’s would be an effective, apolitical deterrent.
Dems coalescing around 5 restrictions on ICE, I'm told:
DHS required to cooperate with state probes (big)
CBP stays at border
warrants for arrests
IDs, bodycams
ICE out of churches, schools
"That package unites a lot of Dems," Sen Chris Murphy tells me on the pod:
newrepublic.com/article/2057...
DHS required to cooperate with state probes (big)
CBP stays at border
warrants for arrests
IDs, bodycams
ICE out of churches, schools
"That package unites a lot of Dems," Sen Chris Murphy tells me on the pod:
newrepublic.com/article/2057...
A Dem Senator’s Harsh Takedown of Trump Hits Home: “Breaking Point”
As Trump scrambles to contain the damage from the latest ICE horrors, Senator Chris Murphy offers a sharp indictment of Trump-ICE lawlessness—and explains how Dems can meet the urgency of the moment.
newrepublic.com
January 27, 2026 at 2:44 PM
Democrats should be insisting on a Bivens and QI fix. Better than the imposition of restrictions is an actual means of private accountability for rights violations—that’s would be an effective, apolitical deterrent.
Reposted by Ben Farley
Auschwitz was at the end of a process. We must remember that it did not start from gas chambers.
This hatred gradually developed: from ideas, words, stereotypes & prejudice through legal exclusion, dehumanization & escalating violence... to systematic and industrial murder.
Auschwitz took time.
This hatred gradually developed: from ideas, words, stereotypes & prejudice through legal exclusion, dehumanization & escalating violence... to systematic and industrial murder.
Auschwitz took time.
January 27, 2026 at 11:00 AM
Auschwitz was at the end of a process. We must remember that it did not start from gas chambers.
This hatred gradually developed: from ideas, words, stereotypes & prejudice through legal exclusion, dehumanization & escalating violence... to systematic and industrial murder.
Auschwitz took time.
This hatred gradually developed: from ideas, words, stereotypes & prejudice through legal exclusion, dehumanization & escalating violence... to systematic and industrial murder.
Auschwitz took time.
Reposted by Ben Farley
The killing of Alex Pretti and the grotesque lying was an overreach by the administration. They've paid a price and had to pull back a bit. But it's when there's some disarray that the democratic opposition needs to intensify the offensive, and turn a marginal tactical success into a major victory.
January 26, 2026 at 10:56 PM
The killing of Alex Pretti and the grotesque lying was an overreach by the administration. They've paid a price and had to pull back a bit. But it's when there's some disarray that the democratic opposition needs to intensify the offensive, and turn a marginal tactical success into a major victory.
Reposted by Ben Farley
Cannot repeat the Obama-era dodge of saying "we tortured some folks" and not holding accountable the torturers and especially the chain of command. You want to stop state-sanctioned crimes? Trials not words are the only way.
Bovino’s retirement needs to be a cage. His command environment yielded Renee Good’s death, Alex Pretti’s death & Julio Sosa-Celis’ shooting. Failure to prosecute Bovino & everyone else materially responsible for these atrocities will be understood by ICE, CBP, etc as a green light for the next ones
January 27, 2026 at 2:00 AM
Cannot repeat the Obama-era dodge of saying "we tortured some folks" and not holding accountable the torturers and especially the chain of command. You want to stop state-sanctioned crimes? Trials not words are the only way.
Reposted by Ben Farley
Thoughts on Maduro's POW status.
Always learn so much from writing with new co-authors, and that was certainly the case with Tracey Begley and @brfarley.bsky.social. Real professionals who embrace teamwork and are a joy to work with. And, as always, thanks to the entire @justsecurity.org team.
Always learn so much from writing with new co-authors, and that was certainly the case with Tracey Begley and @brfarley.bsky.social. Real professionals who embrace teamwork and are a joy to work with. And, as always, thanks to the entire @justsecurity.org team.
During his first court appearance in the United States, Maduro demanded to be afforded POW status. But does he have it? According to Tracey Begley, Benjamin Farley, and @mikeschmitt.bsky.social, he likely does. Read more here:
www.justsecurity.org/129407/presi...
#Maduro #Venezuela #POW #IHL
www.justsecurity.org/129407/presi...
#Maduro #Venezuela #POW #IHL
Is President Maduro a Prisoner of War?
Three theories by which POW status might attach to a person in Maduro’s position, and the consequences of entitlement to that status.
www.justsecurity.org
January 26, 2026 at 5:42 PM
Thoughts on Maduro's POW status.
Always learn so much from writing with new co-authors, and that was certainly the case with Tracey Begley and @brfarley.bsky.social. Real professionals who embrace teamwork and are a joy to work with. And, as always, thanks to the entire @justsecurity.org team.
Always learn so much from writing with new co-authors, and that was certainly the case with Tracey Begley and @brfarley.bsky.social. Real professionals who embrace teamwork and are a joy to work with. And, as always, thanks to the entire @justsecurity.org team.
So pleased to join Tracey Begley and @mikeschmitt.bsky.social in an @justsecurity.org post analyzing Nicolás Maduro's entitlement to prisoner-of-war status following his capture by U.S. forces earlier this month. Read it here 👇
During his first court appearance in the United States, Maduro demanded to be afforded POW status. But does he have it? According to Tracey Begley, Benjamin Farley, and @mikeschmitt.bsky.social, he likely does. Read more here:
www.justsecurity.org/129407/presi...
#Maduro #Venezuela #POW #IHL
www.justsecurity.org/129407/presi...
#Maduro #Venezuela #POW #IHL
Is President Maduro a Prisoner of War?
Three theories by which POW status might attach to a person in Maduro’s position, and the consequences of entitlement to that status.
www.justsecurity.org
January 26, 2026 at 1:49 PM
So pleased to join Tracey Begley and @mikeschmitt.bsky.social in an @justsecurity.org post analyzing Nicolás Maduro's entitlement to prisoner-of-war status following his capture by U.S. forces earlier this month. Read it here 👇
Reposted by Ben Farley
Standing with 65 of my UMN Law colleagues (and counting) to condemn ICE’s lawless conduct towards Minnesotans: docs.google.com/document/d/1...
Open Letter to Minnesota Law CommunityJanuary 25
January 25, 2026 To the Minnesota Law Community: We, the undersigned faculty of the University of Minnesota Law School, write in our individual capacities to address the federal government's ongoin...
docs.google.com
January 25, 2026 at 11:53 PM
Standing with 65 of my UMN Law colleagues (and counting) to condemn ICE’s lawless conduct towards Minnesotans: docs.google.com/document/d/1...
1. This is obvious hypocrisy;
2. It is also an obvious lie;
3. He was lawfully carrying;
4. It doesn’t matter because he neither drew nor brandished his weapon;
5. He was disarmed when he was executed by a masked agent of the state
2. It is also an obvious lie;
3. He was lawfully carrying;
4. It doesn’t matter because he neither drew nor brandished his weapon;
5. He was disarmed when he was executed by a masked agent of the state
Q: Did he brandish a gun?
KRISTI NOEM: This individual showed up to impede a law enforcement operation and assaulted our officers. I don't know of any peaceful protester that shows up with a gun and ammunition rather than a sign. This is a violent riot when you have someone showing up with weapons
KRISTI NOEM: This individual showed up to impede a law enforcement operation and assaulted our officers. I don't know of any peaceful protester that shows up with a gun and ammunition rather than a sign. This is a violent riot when you have someone showing up with weapons
January 25, 2026 at 5:40 PM
1. This is obvious hypocrisy;
2. It is also an obvious lie;
3. He was lawfully carrying;
4. It doesn’t matter because he neither drew nor brandished his weapon;
5. He was disarmed when he was executed by a masked agent of the state
2. It is also an obvious lie;
3. He was lawfully carrying;
4. It doesn’t matter because he neither drew nor brandished his weapon;
5. He was disarmed when he was executed by a masked agent of the state
Seems fitting today is Burns’ day
There is a reason that Scots all over the world celebrate Robbie Burns.
By oppression's woes and pains!
By our sons in servile chains!
We will drain our dearest veins,
But they shall be free!
Lay the proud usurpers low!
Tyrants fall in every foe!
Liberty's in every blow!—
Let us do or die!
By oppression's woes and pains!
By our sons in servile chains!
We will drain our dearest veins,
But they shall be free!
Lay the proud usurpers low!
Tyrants fall in every foe!
Liberty's in every blow!—
Let us do or die!
January 25, 2026 at 5:28 PM
Seems fitting today is Burns’ day
Reposted by Ben Farley
🚨 SCHUMER just now: “Senate Democrats will not provide the votes to proceed to the appropriations bill if the DHS funding bill is included.”
January 24, 2026 at 11:57 PM
🚨 SCHUMER just now: “Senate Democrats will not provide the votes to proceed to the appropriations bill if the DHS funding bill is included.”
Reposted by Ben Farley
Alex Pretti was executed today by masked agents of the state while exercising his first amendment rights and seemingly trying to protect a woman from unreasonable and excessive by another masked agent of the state. He was tackled, beaten & gassed before his murder. His was an extrajudicial killing.
January 24, 2026 at 10:39 PM
Alex Pretti was executed today by masked agents of the state while exercising his first amendment rights and seemingly trying to protect a woman from unreasonable and excessive by another masked agent of the state. He was tackled, beaten & gassed before his murder. His was an extrajudicial killing.
Straight line from AEA invocation to boat strikes in the Caribbean and eastern pacific to execution in Minneapolis
The official policy of the government of the United States of America is that they will murder anyone they want, that they will tell any lie necessary to justify that murder, and that no one who resists them has any rights they are bound to respect.
/1
/1
January 24, 2026 at 8:28 PM
Straight line from AEA invocation to boat strikes in the Caribbean and eastern pacific to execution in Minneapolis
Reposted by Ben Farley
This sure seems more like the tyranny the Constitution is supposed to protect against than forgiving student loans.
January 24, 2026 at 5:02 PM
This sure seems more like the tyranny the Constitution is supposed to protect against than forgiving student loans.
Reposted by Ben Farley
BREAKING:
The Minneapolis Police Chief says of the shooting victim:
"Based on the information that we have, which is very limited, this is a 37-year-old white male who is a Minneapolis resident."
He adds: "We believe he is a lawful gun owner with a permit to carry."
The Minneapolis Police Chief says of the shooting victim:
"Based on the information that we have, which is very limited, this is a 37-year-old white male who is a Minneapolis resident."
He adds: "We believe he is a lawful gun owner with a permit to carry."
January 24, 2026 at 6:08 PM
BREAKING:
The Minneapolis Police Chief says of the shooting victim:
"Based on the information that we have, which is very limited, this is a 37-year-old white male who is a Minneapolis resident."
He adds: "We believe he is a lawful gun owner with a permit to carry."
The Minneapolis Police Chief says of the shooting victim:
"Based on the information that we have, which is very limited, this is a 37-year-old white male who is a Minneapolis resident."
He adds: "We believe he is a lawful gun owner with a permit to carry."