Edward Swaine
@edswaine.bsky.social
Law professor. Personal account, personal views only. Vonnegut's rule: you've got to be kind.
real "If I Did It" vibes
Hegseth says he would have ordered second strike on Caribbean vessel reut.rs/3XBMtCb
Hegseth says he would have ordered second strike on Caribbean vessel
U.S. Defense Secretary Pete Hegseth said on Saturday that he backs a September 2 decision to launch a second strike on a suspected drug boat in the Caribbean.
reut.rs
December 7, 2025 at 4:04 AM
real "If I Did It" vibes
There are four types of guys online. No exceptions.
December 7, 2025 at 1:17 AM
There are four types of guys online. No exceptions.
Musk has also said that NATO is "anachronistic" and questioned its continued existence, on which he may find similar support.
Elon Musk and his Russian friends call for the abolishment of the EU
December 6, 2025 at 9:18 PM
Musk has also said that NATO is "anachronistic" and questioned its continued existence, on which he may find similar support.
Reposted by Edward Swaine
Any US National Security Strategy exhibits tensions, but this has one b/w a "predisposition to non-interventionism" and anti-globalism.
Nations that exercise their sovereignty by building int'l institutions may be failing to prioritize their own interests...and, maybe, need help finding their way?
Nations that exercise their sovereignty by building int'l institutions may be failing to prioritize their own interests...and, maybe, need help finding their way?
December 5, 2025 at 11:39 PM
Any US National Security Strategy exhibits tensions, but this has one b/w a "predisposition to non-interventionism" and anti-globalism.
Nations that exercise their sovereignty by building int'l institutions may be failing to prioritize their own interests...and, maybe, need help finding their way?
Nations that exercise their sovereignty by building int'l institutions may be failing to prioritize their own interests...and, maybe, need help finding their way?
Invictus reimagined! Mandela, confronting a divided nation as South Africa prepares to host the World Cup, detains and "remigrates" mostly white Springboks. Inexplicably and peremptorily awarded a replica of the silver cup, he gilds it.
December 6, 2025 at 5:59 PM
Invictus reimagined! Mandela, confronting a divided nation as South Africa prepares to host the World Cup, detains and "remigrates" mostly white Springboks. Inexplicably and peremptorily awarded a replica of the silver cup, he gilds it.
key for the US is to avoid relegation
At the World Cup draw, soccer gets its moment and Trump gets his prize
As the world’s best soccer teams learned their fates for next summer’s tournament, the president accepted FIFA’s new peace prize.
wapo.st
December 6, 2025 at 12:03 AM
key for the US is to avoid relegation
Any US National Security Strategy exhibits tensions, but this has one b/w a "predisposition to non-interventionism" and anti-globalism.
Nations that exercise their sovereignty by building int'l institutions may be failing to prioritize their own interests...and, maybe, need help finding their way?
Nations that exercise their sovereignty by building int'l institutions may be failing to prioritize their own interests...and, maybe, need help finding their way?
December 5, 2025 at 11:39 PM
Any US National Security Strategy exhibits tensions, but this has one b/w a "predisposition to non-interventionism" and anti-globalism.
Nations that exercise their sovereignty by building int'l institutions may be failing to prioritize their own interests...and, maybe, need help finding their way?
Nations that exercise their sovereignty by building int'l institutions may be failing to prioritize their own interests...and, maybe, need help finding their way?
Reposted by Edward Swaine
This is the right question. And it lays bare the magnitude of the Administration’s claim that transporting drugs is the equivalent of an armed attack on America.
BERMAN: Would it be legal for police in Arkansas to kill suspected drug dealers on a boat in a lake?
TOM COTTON: The premise of your question is not well-founded
BERMAN: The answer is no. It would not be legal to kill them.
TOM COTTON: The premise of your question is not well-founded
BERMAN: The answer is no. It would not be legal to kill them.
December 5, 2025 at 3:52 PM
This is the right question. And it lays bare the magnitude of the Administration’s claim that transporting drugs is the equivalent of an armed attack on America.
"Have you no sense of decency, sir?"
Secretary of Defense Pete Hegseth announces another boat strike in response to a request/wish from Turning Point USA’s Andrew Kolvet.
December 5, 2025 at 2:52 PM
"Have you no sense of decency, sir?"
We're quite lucky they're not playing Toto
Confirmed: They're playing November Rain by Guns n' Roses ahead of Trump signing a peace agreement with Rwanda and the DRC at the US Institute of Peace building.
December 4, 2025 at 6:15 PM
We're quite lucky they're not playing Toto
And for those of you more nostalgic for the Hindenburg, we've got a special surprise
Sean Duffy on slashing fuel economy standards: "This rule will actually allow you to bring back the 1970s station wagon. Maybe a little wood paneling on the side. We can bring back choice to consumers."
December 4, 2025 at 3:23 PM
And for those of you more nostalgic for the Hindenburg, we've got a special surprise
dodged a bullet when they switched the ceremony from Potbelly
December 4, 2025 at 3:34 AM
dodged a bullet when they switched the ceremony from Potbelly
What is a shipwrecked survivor supposed to do to show they are not engaged in active combat activity?
Why, drown, of course.
Clinging to flotsam might look innocent, but it could also be paddling drugs toward the mainland.
Why, drown, of course.
Clinging to flotsam might look innocent, but it could also be paddling drugs toward the mainland.
This really lays bare how absurd the manufactured war theory is:
A shipwrecked survivor of a Hellfire missile strike on his small burning vessel is supposed to do... what, exactly, to show he is not "in the fight"?
When there is no war, applying the law of war is an exercise in absurdity.
1/2
A shipwrecked survivor of a Hellfire missile strike on his small burning vessel is supposed to do... what, exactly, to show he is not "in the fight"?
When there is no war, applying the law of war is an exercise in absurdity.
1/2
December 4, 2025 at 3:11 AM
What is a shipwrecked survivor supposed to do to show they are not engaged in active combat activity?
Why, drown, of course.
Clinging to flotsam might look innocent, but it could also be paddling drugs toward the mainland.
Why, drown, of course.
Clinging to flotsam might look innocent, but it could also be paddling drugs toward the mainland.
Hard to tell what the rationale is and whether it is the same across all strikes. But if it's collective self-defense on behalf of fearful secretive allies ("like" Mexico and Columbia), the persistent obscurantism this would require is near antithetical to oversight by Congress and the public. 1/2
US justice department memo about boat strikes diverges from Trump narrative
Exclusive: Officials frame strikes as self-defense against violence, without naming aggressor, while Trump claims they are to stop US overdose deaths
www.theguardian.com
December 3, 2025 at 11:05 PM
Hard to tell what the rationale is and whether it is the same across all strikes. But if it's collective self-defense on behalf of fearful secretive allies ("like" Mexico and Columbia), the persistent obscurantism this would require is near antithetical to oversight by Congress and the public. 1/2
"And just *above* that pedestal, these words appear:
Ozymandias! What a name! People say, not too Mighty;
I mean, just look at this place. A mess, quite honestly.
But it's going to be Tremendous. So Beautiful!"
Nothing beside remains.
Ozymandias! What a name! People say, not too Mighty;
I mean, just look at this place. A mess, quite honestly.
But it's going to be Tremendous. So Beautiful!"
Nothing beside remains.
SCOOP: Sources tell me Donald Trump's name was added to the exterior of the US Institute of Peace building ahead of Thursday's peace agreement signing between Rwanda and the Democratic Republic of the Congo (DRC), which will be held inside the building. Confirming if it's been officially renamed.
December 3, 2025 at 8:26 PM
"And just *above* that pedestal, these words appear:
Ozymandias! What a name! People say, not too Mighty;
I mean, just look at this place. A mess, quite honestly.
But it's going to be Tremendous. So Beautiful!"
Nothing beside remains.
Ozymandias! What a name! People say, not too Mighty;
I mean, just look at this place. A mess, quite honestly.
But it's going to be Tremendous. So Beautiful!"
Nothing beside remains.
you'll never believe the fraction of noncitizens rattling around the place in 1787
Rep. Kat Cammarck: "Today, one in six people in the US is foreign born. That quite frankly is not sustainable to maintain a culture that we are known for here in the United States."
December 2, 2025 at 6:36 PM
you'll never believe the fraction of noncitizens rattling around the place in 1787
Putting aside that most of this audience hasn't flown commercial in living memory, I'm fine with this. But I respectfully submit that were officials to quit coarsening and debasing public rhetoric with insults, slurs, and divisive trolling, the boon to civility would be orders of magnitude greater.
Duffy: "We've asked Americans to bring their better selves, to bring the civility back to travel. To say please and thank you ... maybe not wear pajamas or slippers on the airplane."
December 2, 2025 at 6:23 PM
Putting aside that most of this audience hasn't flown commercial in living memory, I'm fine with this. But I respectfully submit that were officials to quit coarsening and debasing public rhetoric with insults, slurs, and divisive trolling, the boon to civility would be orders of magnitude greater.
This is very helpful -- not so much for the binary assessment (a pretty widespread legal assessment), but for the discussion of the record that should exist.
"This is war crime. If we are at war, this is a war crime... if we are not at war, this is murder, so it is binary. It's one of those two things; it's either a war crime or it's murder." Former Army Captain Margaret Donovan on Pete Hegseth ordering strikes on alleged drug boats.
December 2, 2025 at 3:30 PM
This is very helpful -- not so much for the binary assessment (a pretty widespread legal assessment), but for the discussion of the record that should exist.
If Congress is inclined to accept this depiction, there would be interesting Qs about what, if anything, was done following the second semi-authorized strike, once everyone understood its nature. If nothing was done--assuming that doesn't undermine the account's credibility--that too is a problem.
Hegseth Ordered a Lethal Attack but Not the Killing of Survivors, Officials Say
www.nytimes.com
December 2, 2025 at 4:27 AM
If Congress is inclined to accept this depiction, there would be interesting Qs about what, if anything, was done following the second semi-authorized strike, once everyone understood its nature. If nothing was done--assuming that doesn't undermine the account's credibility--that too is a problem.
Let's make one thing crystal clear: Pandora is extraordinary, created by the gods as the first human woman. I stand by her and all she has done, including her curious wholly independent decision to unleash all the evils into the world by opening a box I thought we PRETTY CLEARLY said was forbidden.
December 2, 2025 at 3:21 AM
Let's make one thing crystal clear: Pandora is extraordinary, created by the gods as the first human woman. I stand by her and all she has done, including her curious wholly independent decision to unleash all the evils into the world by opening a box I thought we PRETTY CLEARLY said was forbidden.
but they'll deign to watch Rocky on Boxing Day
British public’s verdict is in: Die Hard is not a Christmas movie
British public’s verdict is in: Die Hard is not a Christmas movie
Survey also reveals Britons’ favourite festive film, views on tear-jerkers and family cinema trips
When Macaulay Culkin recently said he didn’t consider Die Hard to be a Christmas film – wading into one of pop culture’s most heated holiday debates – he was booed by a live audience.
But it looks like the British people are behind the actor, with a survey revealing that Home Alone is the UK’s favourite festive film, while Die Hard has officially been voted not a Christmas movie. Continue reading...
www.theguardian.com
December 2, 2025 at 12:28 AM
but they'll deign to watch Rocky on Boxing Day
fintech i can actually grasp
More proof we're living in a cyberpunk novel: Shark robots are now patrolling undersea cables to protect them from sabotage.
www.eweek.com/news/greysha...
www.eweek.com/news/greysha...
Greyshark Robots Begin Undersea Cable Patrol
An autonomous underwater robot called Greyshark is joining NATO’s subsea defenses, patrolling undersea cables as Europe races to protect vital links.
www.eweek.com
December 1, 2025 at 9:43 PM
fintech i can actually grasp
ok, here's what I think this is trying to say 1/20
‘Mansplaining’ was once a contender for word of the year. Here’s why we should stop using it
‘Mansplaining’ was once a contender for word of the year. Here’s why we should stop using it
‘Rage bait’ is Oxford word of the year in 2025. But I think we should be able to decommission words that have brought more trouble than they’re worth, starting with the 2015 runner-up, writes Zoe Williams
www.theguardian.com
December 1, 2025 at 6:49 PM
ok, here's what I think this is trying to say 1/20
Masterful explainer. Note particularly how obvious all of this was thought to be by the US and allies back in 1918 and 1945. This is not some newfangled bureaucratic restriction on "warfighting"; it's central to military interest, even if one assumes (wrongly) that this is an armed conflict.
Excellent explainer by the inimitable @tessbridgeman.bsky.social, @rgoodlaw.bsky.social, and @mikeschmitt.bsky.social
Unlawful Orders and Killing Shipwrecked Boat Strike Survivors: An Expert Backgrounder
An expert backgrounder on the reported Hegseth "no quarter" order to kill everyone aboard a suspected drug boat in the Caribbean on Sept. 2.
www.justsecurity.org
December 1, 2025 at 2:04 PM
Masterful explainer. Note particularly how obvious all of this was thought to be by the US and allies back in 1918 and 1945. This is not some newfangled bureaucratic restriction on "warfighting"; it's central to military interest, even if one assumes (wrongly) that this is an armed conflict.
Reposted by Edward Swaine
Senator Kelly is correct.
Plus a Public Service Announcement:
KEY section of Department of Defense's Law of War Manual is 18.3.2.1.
The VERY rule on the "requirement" to refuse illegal orders gives as its paradigmatic example of what is "clearly illegal:
"orders to fire upon the shipwrecked."
Plus a Public Service Announcement:
KEY section of Department of Defense's Law of War Manual is 18.3.2.1.
The VERY rule on the "requirement" to refuse illegal orders gives as its paradigmatic example of what is "clearly illegal:
"orders to fire upon the shipwrecked."
November 30, 2025 at 4:35 PM
Senator Kelly is correct.
Plus a Public Service Announcement:
KEY section of Department of Defense's Law of War Manual is 18.3.2.1.
The VERY rule on the "requirement" to refuse illegal orders gives as its paradigmatic example of what is "clearly illegal:
"orders to fire upon the shipwrecked."
Plus a Public Service Announcement:
KEY section of Department of Defense's Law of War Manual is 18.3.2.1.
The VERY rule on the "requirement" to refuse illegal orders gives as its paradigmatic example of what is "clearly illegal:
"orders to fire upon the shipwrecked."