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Brian Finucane

@bcfinucane.bsky.social

22K followers 3.3K following 6.8K posts

Senior Adviser, US Program, International Crisis Group. Editor at Just Security. Non-Resident Senior Fellow at Reiss Center on Law and Security at NYU Law. Ex State Dept Lawyer. War Powers| Use of Force| Counterterrorism| Law of War| War Crimes| Arms Sales

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Brian Finucane @bcfinucane.bsky.social · Apr 15

NEW:

My commentary for @crisisgroup.org on how the Trump administration has repurposed the terrorism framing and applied it to cartels, migrants, and domestic political opponents.

www.crisisgroup.org/united-state...

The Trump Administration’s “Wars on Terror” – Old and New | Crisis Group

The Trump White House is repurposing the potent framing of “terrorism” to go after a new set of enemies – drug cartels, migrants and domestic political opponents. Its words and deeds pose serious risk...

www.crisisgroup.org

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Brian Finucane @bcfinucane.bsky.social · 4h

Suspect the de facto attorney general and not Trump may have posted these references to the Insurrection Act.

Either way, no bueno.

Matt Novak @paleofuture.bsky.social · 4h

Trump just posted what looks like an old DOJ memo about President Kennedy’s use of the National Guard in Alabama to desegregate schools in 1963.

It’s a gross comparison, given the fact that Trump is basically George Wallace and he wants to use the Guard to invade cities, not advance civil rights.

Trump: U.S. Code. Those provisions authorize the President, when faced with such unlawful obstructions against the authority of the United States as existed in Alabama, to "call into Federal service such of the militia of any State, and use such of the armed forces, as he considers necessary" (10
U.S.C. § 332) and to use
"the militia or the armed forces,
or both, or
• other means" (10 U.S.C. $ 333). The
militia of the United States includes the national guard, meaning the Army National Guard and the Air National Guard of the several states. 10 U.S.C. § 311 and $ 101 (9), (10), (12) .
In furtherance of the President's order the Secretary of Defense immediately called into active military service all of the units and members of the Army National Guard and Air National Guard of the State of Alabama to serve in the active military service of the United States for an indefinite period and until relieved by appropriate orders.
This call was transmitted by the Secretary of the Army, acting by direction of, and under delegation of authority from, the Secretary of Defense.
Copies of the Department
of the Army message (No. D.A. 340638, June 11, 1963) were furnished immediately to the Governor of Alabama and to the commanding officers of the Army National Guard and the Air National Guard of the State of Alabama.
It is apparent that the Alabama National Guard was properly called into federal service pursuant to 10 U.S.C.
§5 332-4, and in accordance with the procedure provided in those sections. Since the call to federal service did not invoke the authority of 10 U.S.C. $ 3500, referred to by Mr. Bowen, the procedure prescribed by that section was
not
used.
I trust that the foregoing information will be of
assistance to you.
Sincerely,
¡enera.
299 ReTruths 819 Likes
10/7/25,

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Brian Finucane @bcfinucane.bsky.social · 4h

This is not a great indicator.

bsky.app/profile/john...

John Pfaff @johnpfaff.bsky.social · 6h

Um, ICE just coldly shot an unarmed PRIEST in the head w a pepper ball when he (and everyone around him) clearly posed no threat.

For the crime of … complaining about government policy.

Core 1A speech.

With cameras rolling, they’re sniping priests for sport.

Kurt @flglchicago.bsky.social · 8h

Here’s video of the incident

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Brian Finucane @bcfinucane.bsky.social · 4h

The administration wants authoritarian theater.

Mockery and derision may be an effective response.

Resulting in them looking buffoonish and absurd rather than strong and dominant.

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Brian Finucane @bcfinucane.bsky.social · 4h

I was completely unprepared for the threat posed by the Antifa super soldiers.

Courtney Vaughn @courtneyvaughn.bsky.social · 5h

Streets are still closed off in front of the Portland ICE facility at 8:30pm. Protesters have gathered on a side street. Dance party in progress.

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Brian Finucane @bcfinucane.bsky.social · 5h

The "Axis of Evil" speechwriter?

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Brian Finucane @bcfinucane.bsky.social · 5h

Important commentary from my @crisisgroup.org colleague @mairavz.bsky.social.

I will add that American domestic politics are slowly shifting on this relationship.

www.nytimes.com/2025/10/07/o...

Opinion | Israel Cannot Go On Winning Like This

www.nytimes.com

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Brian Finucane @bcfinucane.bsky.social · 6h

Classic film

Brian Finucane @bcfinucane.bsky.social · 7h

Dedra Meero, deploying soon to Portland.

Brian Finucane @bcfinucane.bsky.social · 7h

“The banality of evil happens around the water cooler.”

m.youtube.com/watch?v=V-gd...

‘Andor’ Star Says Israel is ‘Gaslighting’ Us

YouTube video by Zeteo

m.youtube.com

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Brian Finucane @bcfinucane.bsky.social · 7h

“The banality of evil happens around the water cooler.”

m.youtube.com/watch?v=V-gd...

‘Andor’ Star Says Israel is ‘Gaslighting’ Us

YouTube video by Zeteo

m.youtube.com

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Brian Finucane @bcfinucane.bsky.social · 7h

Rubber stamping nominees is another feature of the Article I Crisis.

Axios @axios.com · 8h

Thanks to new rules through the "nuclear option," the Senate confirmed another big batch of nominees Tuesday evening — putting them ahead of tallies at the same point under the Biden and first Trump administrations.

Senate GOP beats Biden's confirmation numbers

Thanks to new rules through the "nuclear option."

www.axios.com

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Brian Finucane @bcfinucane.bsky.social · 8h

War is terrible.

There is a reason the U.S. Constitution gave the power to declare war to Congress—to make that decision hard and not subject to the whims of one man.

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Brian Finucane @bcfinucane.bsky.social · 8h

USA 2025

Daniel Knowles @dlknowles.bsky.social · 8h

Good reporting on the South Shore raid from South Side weekly here.

Confirms one thing I was told but didn't put in my own piece because I didn't have a second source and it seemed too insane: border agents segregated arrested residents by race

southsideweekly.com/federal-agen...

Federal Agents Storm South Shore Building, Detaining Families and Children

Families were woken by flashbangs and helicopters as hundreds of federal agents raided their homes. Days later, neighbors are still searching for the missing.

southsideweekly.com

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Brian Finucane @bcfinucane.bsky.social · 8h

“army of Antifa”

Just sprayed beer out of my nose

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Brian Finucane @bcfinucane.bsky.social · 8h

That guy is the chicken suit must be one of the domestic terrorists the administration has been talking so much about.

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Brian Finucane @bcfinucane.bsky.social · 8h

In addition to bombing make believe terrorists (otherwise known as the premeditated killing of civilians) in the Caribbean, the Trump administration also continues to bomb ISIS-Somalia.

President of Peace!

www.africom.mil/pressrelease...

In coordination with the Federal Government of Somalia, U.S. Africa Command conducted an airstrike targeting ISIS-Somalia on Oct. 3, 2025.

The airstrike occurred in the vicinity of the Golis Mountains, approximately 60 km southeast of Bossaso.

AFRICOM, alongside the Federal Government of Somalia and Somali Armed Forces, continues to take action to degrade ISIS-Somalia's ability to threaten the U.S. Homeland, our forces, and our citizens abroad.

Specific details about units and assets will not be released to ensure continued operations security.

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Brian Finucane @bcfinucane.bsky.social · 9h

Old: Embedding with US forces occupying the war zone of Iraq.

New: Embedding with US (DHS) forces occupying the "war zone" of Portland.

Repeating history as farce and as authoritarian theater.

www.theguardian.com/us-news/2025...

Kristi Noem tours Portland Ice facility with Maga influencers in tow

Oregon governor, Tina Kotek, accuses Ice of antagonizing protesters with teargas and by inviting influencers to film

www.theguardian.com

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Brian Finucane @bcfinucane.bsky.social · 9h

I started invoking Archbishop Romero early in this administration and I fear that may unfortunately prove prescient the way things are developing.

Jack Jenkins @jackjenkins.me · 9h

Gonna be thinking about this lede for a minute.

(RNS) — Last month, the Rev. David Black stood in front of a Chicago-area U.S. Immigration and Customs Enforcement facility and spread his arms wide. Adorned in all black and wearing a clerical collar, the pastor looked up at a group of masked, heavily armed ICE agents on the roof and began to pray.

“I invited them to repentance,” Black, a minister in the Presbyterian Church (USA), said in an interview. “I basically offered an altar call. I invited them to come and receive that salvation, and be part of the kingdom that is coming.”

But when Black began to lower his arms a few seconds later, the agents responded to his spiritual plea by firing pepper balls, or chemical agents that cause eye irritation and respiratory distress, video footage shows. One struck Black in the head, exploding into a puff of white pepper smoke and forcing him to his knees. Fellow demonstrators rushed to his aid, and as the pastor rubbed his face in pain, the agents continued to fire.

“We could hear them laughing,” Black said.

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Brian Finucane @bcfinucane.bsky.social · 9h

Been asked several times about Operation Just Cause—1989 invasion of Panama to remove Noriega—as possible "precedent" for invading Venezuela.

Just Cause is not any sort of legal precedent for invading VZ.

Invading VZ is simply patently illegal.

Also can you spot some salient factual differences?

On December 20, 1989, President George H.W. Bush ordered 14,000 U.S. military forces to Panama for combat, in addition to 13,000 already present. On December 21, he reported to Congress under the War Powers Resolution but without citing Section 4(a)(1). His stated
objectives were to protect the 35,000 American citizens in Panama, restore the democratic process, preserve the integrity of the Panama Canal treaties, and apprehend General Manuel Noriega, who had been accused of massive electoral fraud in the Panamanian elections and
indicted on drug trafficking charges by two U.S. federal courts. The operation proceeded swiftly and General Noriega surrendered to U.S. military authorities on January 3. President Bush said the objectives had been met, and U.S. forces were gradually withdrawn. By February 13, all combat forces deployed for the invasion had been withdrawn, leaving the strength just under the 13,597 forces stationed in Panama prior to the invasion.

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Brian Finucane @bcfinucane.bsky.social · 9h

It is beautiful

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Brian Finucane @bcfinucane.bsky.social · 9h

These requests echo those of Senator Shaheen from today's SASC confirmation hearing of the nominee for Army GC.

In the past, Senators seeking the OLC legal justifications for lethal US military action have used the confirmation process as leverage to extract such memos.

Just saying.

Brian Finucane @bcfinucane.bsky.social · 10h

Good to see this letter from House ranking members on the nat'l security committees asking for the administration's list of "designated terrorist organizations" and the OLC legal memo blessing lethal strikes in the Caribbean.

Executive branch has issued itself a license to kill secret enemies.

However, your Administration has not identified any of the specific organizations you
have determined to be included as designated terrorist organizations, nor the criteria or process
used for making such determinations. You have also failed to specify the authority under which
the Administration is able to designate affiliates of certain drug trafficking organizations as
enemy combatants for the purpose of undertaking lethal strikes. We request that you immediately
provide a list of all designated terrorist organizations to Congress, along with the associated
determination criteria or methodologies used. In addition, you have not provided Congress with
details regarding the intelligence associated with these strikes.
Finally, the Administration has not provided significant details with respect to the legal
justification for these strikes beyond vague assertions of Article II powers. The President’s
Article II powers are significant, but they are not limitless. It is our understanding that the
Department of Defense has determined strikes against designated terrorist organizations are legal
on the basis of a legal opinion produced by the Department of Justice. We ask that you provide
that legal opinion to Congress immediately.
We look forward to receiving the list of designated terrorist organizations and the
Department of Justice legal opinion. Thank you for your attention to this matter.

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Brian Finucane @bcfinucane.bsky.social · 9h

Pleased to join my friends, @tessbridgeman.bsky.social, @becingber.bsky.social, and Rachel Goldbrenner to discuss the legal implications of recent developments with the administration's premeditated killings in the Caribbean.

Have a listen.

www.justsecurity.org/122025/podca...

The Just Security Podcast: Murder on the High Seas Part II -- What We Know about U.S. Vessel Strikes One Month In

Tess Bridgeman and Rachel Goldbrenner are joined by Rebecca Ingber and Brian Finucane to analyze the U.S. military campaign in the Caribbean.

www.justsecurity.org

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Brian Finucane @bcfinucane.bsky.social · 10h

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Brian Finucane @bcfinucane.bsky.social · 10h

I wrote in @justsecurity.org about how the administration is trying to repurpose—cynically and wrongfully—the "war on terror" framing for the lethal strikes in the Caribbean.

There has been no armed attack like 9/11 & US is not engaged in armed conflict. 3/n

www.justsecurity.org/120568/carib...

Asserting a License to Kill: Why the Caribbean Strike is a Dangerous Departure from the “War on Terror”

An absence of credible legal basis for the Caribbean strike suggests the Trump admin is asserting a prerogative to kill outside the law.

www.justsecurity.org

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Brian Finucane @bcfinucane.bsky.social · 11h

Practice under the 2001 AUMF.

www.justsecurity.org/77088/puttin...

Putting AUMF Repeal Into Context

A detailed analysis of secret wars and why reforming the 2001 AUMF is hard but necessary.

www.justsecurity.org

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Brian Finucane @bcfinucane.bsky.social · 11h

Unfortunately, POTUS deciding that the U.S. is at war with secret enemies is not unprecedented.

Except during the “war on terror” it was at least notionally pursuant to delegated authority under the 2001 AUMF.

Now the executive branch is simply usurping Congress’s power to declare war.

Brian Finucane @bcfinucane.bsky.social · 11h

Senator Slotkin asks Army GC nominee about how many "designated terrorist organizations" the US is now supposedly in an armed conflict with and whether he can name them.

Army GC nominee refuses to answer.

Administration refuses to tell American public and Congress who POTUS has declared war on.

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