And no, OLC penning absurd legal arguments doesn't fix this.
Read this 🧵:
It's hard for USGs to claim ‘mistake of law’ or ‘advice of counsel’ – when they’re firing lawyers who wouldn't sign off on the strikes.
WaPo's new revelations on firings or removals:
1) CIA General Counsel
2) NSC Legal Adviser
3) CIA Mission Center’s lawyer
🧵
And no, OLC penning absurd legal arguments doesn't fix this.
Read this 🧵:
“No American citizen should have to deal with this type of preposterous investigation.”
- Professor Eugene Fidell, leading military justice expert in Wall Street Journal
www.wsj.com/politics/mar...
“No American citizen should have to deal with this type of preposterous investigation.”
- Professor Eugene Fidell, leading military justice expert in Wall Street Journal
www.wsj.com/politics/mar...
Now including:
- international reactions (eg, allies cutting off intelligence sharing)
- objections raised by commanders and JAGs
Read our collection of analysis here:
www.justsecurity.org/120753/colle...
Now including:
- international reactions (eg, allies cutting off intelligence sharing)
- objections raised by commanders and JAGs
Read our collection of analysis here:
www.justsecurity.org/120753/colle...
www.nbcnews.com/politics/nat...
www.nbcnews.com/politics/nat...
Arguments for strikes on suspected drug boats are "non-sensical."
"Drug traffickers aren't equivalent to al-Qaeda. And the executive branch does not have the authority to kill, at will, anyone, anywhere... for any reason."
Regime change in Vz is "strategic malpractice."
Arguments for strikes on suspected drug boats are "non-sensical."
"Drug traffickers aren't equivalent to al-Qaeda. And the executive branch does not have the authority to kill, at will, anyone, anywhere... for any reason."
Regime change in Vz is "strategic malpractice."
- Our Constitution puts the decision to go to war in Congress' hands precisely to avoid one man making reckless (& illegal) decisions with our military
- Our Constitution puts the decision to go to war in Congress' hands precisely to avoid one man making reckless (& illegal) decisions with our military
This is wrong.
He's not using the military to *interdict* (which would be more effective) but to kill.
This is wrong.
He's not using the military to *interdict* (which would be more effective) but to kill.
Shared thoughts with @washingtonpost.com, but here are more: 1/n
www.washingtonpost.com/national-sec...
Shared thoughts with @washingtonpost.com, but here are more: 1/n
www.washingtonpost.com/national-sec...
Recommended reading:
This new Expert Backgrounder which discusses the history and scope of the War Powers Resolution 60-Day Clock.
@rcls-nyu.bsky.social explains the War Powers Resolution's termination clock that requires removal of congressionally unauthorized forces after 60 days 👇
Nov 3 🟰 60 days since reported 1st Caribbean boat strike
Under War Powers Resolution, w/in 60 days if Congress does not OK strikes, POTUS “shall terminate any use of US Armed Forces”
Our catalog on every War Powers Reports since 1973:
warpowers.lawandsecurity.org
@rcls-nyu.bsky.social explains the War Powers Resolution's termination clock that requires removal of congressionally unauthorized forces after 60 days 👇
We are not at war, and he is ignoring the criminal laws that actually apply (eg, murder).
No limiting principle stops him from doing this to others he labels "terrorists."
1/3
We are not at war, and he is ignoring the criminal laws that actually apply (eg, murder).
No limiting principle stops him from doing this to others he labels "terrorists."
1/3
@justsecurity.org has 15 Articles (!) from experts @becingber.bsky.social @bcfinucane.bsky.social @martylederman.bsky.social @seharrison7.bsky.social @mikeschmitt.bsky.social
www.justsecurity.org/120753/colle...
@justsecurity.org has 15 Articles (!) from experts @becingber.bsky.social @bcfinucane.bsky.social @martylederman.bsky.social @seharrison7.bsky.social @mikeschmitt.bsky.social
www.justsecurity.org/120753/colle...
We are not at war, and he is ignoring the criminal laws that actually apply (eg, murder).
No limiting principle stops him from doing this to others he labels "terrorists."
1/3
We are not at war, and he is ignoring the criminal laws that actually apply (eg, murder).
No limiting principle stops him from doing this to others he labels "terrorists."
1/3
Watch our discussion here:
www.youtube.com/watch?v=eQQr...
Watch our discussion here:
www.youtube.com/watch?v=eQQr...
-detention of two survivors (and why they were repatriated)
-the ticking war powers termination clock
-how Congress can, and should, engage
-the erosion of norms on killings outside of armed conflict
www.buzzsprout.com/2074610/epis...
-detention of two survivors (and why they were repatriated)
-the ticking war powers termination clock
-how Congress can, and should, engage
-the erosion of norms on killings outside of armed conflict
www.buzzsprout.com/2074610/epis...
www.justsecurity.org/120547/presu...
www.justsecurity.org/120547/presu...
Link to the study (on the 'presumption of regularity'): www.justsecurity.org/120547/presu...
Link to the study (on the 'presumption of regularity'): www.justsecurity.org/120547/presu...
The military has no authority to detain the survivors of its latest strike for the same reasons it had no authority to target them in the first place:
No armed attack = No viable self defense claim = No targeting or detention authority
www.nytimes.com/2025/10/17/u...
The military has no authority to detain the survivors of its latest strike for the same reasons it had no authority to target them in the first place:
No armed attack = No viable self defense claim = No targeting or detention authority
www.nytimes.com/2025/10/17/u...
With news of another U.S. strike on suspected drug traffickers in the Caribbean, check out our recent podcast episode, Murder on the High Seas, Part II
with @tessbridgeman.bsky.social, @bcfinucane.bsky.social, @becingber.bsky.social & Rachel Golbrenner
www.youtube.com/watch?v=nPGo...
“The U.S. operations conducted to date against suspected members of drug cartels stretch the applicable international law rules and their interpretation beyond recognition.”
Full analysis:
www.justsecurity.org/122756/drug-...
“The U.S. operations conducted to date against suspected members of drug cartels stretch the applicable international law rules and their interpretation beyond recognition.”
Full analysis:
www.justsecurity.org/122756/drug-...
A reminder that the administration has provided no limiting principles and these killings are completely untethered from the law (there was no "armed attack," there's no "armed conflict," and these aren't "unlawful combatants").
A reminder that the administration has provided no limiting principles and these killings are completely untethered from the law (there was no "armed attack," there's no "armed conflict," and these aren't "unlawful combatants").
Read his analysis of the key Qs and how to think about them:
www.justsecurity.org/122118/trump...
Read his analysis of the key Qs and how to think about them:
www.justsecurity.org/122118/trump...