Ben Farley
banner
brfarley.bsky.social
Ben Farley
@brfarley.bsky.social
International law, law of armed conflict, national security law and policy, constitutional and criminal law.
Pinned
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
Reposted by Ben Farley
BREAKING: Today, in a win for our constitutional rights, a federal judge ruled that DHS and ICE likely violated the Fifth Amendment by denying detained immigrants’ lawful access to their attorneys.
Federal judge orders government to stop blocking immigrant detainees from having access to lawyers
In her ruling this week, Judge Frimpong said that lawyer visiting hours at B-18, which is in the basement of a federal building, have been closed down repeatedly without letting lawyers know, despite ...
www.latimes.com
November 14, 2025 at 9:58 PM
Reposted by Ben Farley
John Yoo's Doppelgänger is back at it. The memo needs to be put on the public record, and the credentials of its authors authorizing him to practice law should be meticulously scrutinized. Yoo escaped disciplinary action entirely through political legerdemain. That shouldn't be allowed a second time
Memo Blessing Boat Strikes Is Said to Rely on Trump’s Claims About Cartels
www.nytimes.com
November 14, 2025 at 1:16 PM
Reposted by Ben Farley
Comparing the Caribbean Extrajudicial Killing Spree to Afghanistan is a smear against people who upheld their obligations to the Constitution and the LOAC in Afghanistan.
cnn.com CNN @cnn.com · 2d
Deep below the US Capitol, in a secure room meant to protect discussions of American secrets, a wave of sarcastic laughter spread among lawmakers and staff members who were assembled to receive a briefing in late October from senior Pentagon officials. https://cnn.it/47Y1ZNt
November 14, 2025 at 1:03 PM
The problem here is that European countries are accurately reflecting international law; it’s the United States that appears to be rewriting (read: ignoring) it.
US Secretary of State yesterday:

“I don’t think the European Union gets to determine what international law is. What they certainly don’t get to determine is how the United States defends its national security."

Source: x.com/StateDept/st...

@bcfinucane.bsky.social
November 13, 2025 at 1:27 PM
November 12, 2025 at 6:41 PM
Two things here: 1. This is the predictable consequence to a partner force violating international law; 2. This is the sort of step that the United States could/should have done to discourage Israeli actions in Gaza that violated IHL
November 11, 2025 at 4:45 PM
Reposted by Ben Farley
"The United Kingdom is no longer sharing intelligence with the US about suspected drug trafficking vessels in the Caribbean because it does not want to be complicit in US military strikes and believes the attacks are illegal, sources familiar with the matter told CNN." www.cnn.com/2025/11/11/p...
Exclusive: UK suspends some intelligence sharing with US over boat strike concerns in major break | CNN Politics
The United Kingdom is no longer sharing intelligence with the US about suspected drug trafficking vessels in the Caribbean because it does not want to be complicit in US military strikes and believes ...
www.cnn.com
November 11, 2025 at 3:21 PM
More-or-less the same device worked okay for Archer….
James Bond’s death in No Time to Die is causing a nightmare for the next film. Writers are stuck because Bond “was blown to pieces.”

Anthony Horowitz, author of three 007 novels, says:

“You can't have him wake up in shower and saying it was all a dream."

radaronline.com/p/james-bond...
November 11, 2025 at 3:25 PM
Reposted by Ben Farley
The U.S. military is being used inside the United States. There's a lot we don't know about how, why, and under what authorities.

Today, Lawfare is launching a new project–which includes a tracker and a map–to follow where and how the military is being domestically deployed.
November 10, 2025 at 11:14 PM
November 11, 2025 at 1:07 AM
Reposted by Ben Farley
The Constitution empowers Congress to enact rules for deployment of the National Guard.

Not the president.

The Supreme Court must reject Trump’s attempt to rewrite the Constitution and our laws.
November 10, 2025 at 9:09 PM
Everybody skeeting about The Wreck of the Edmund Fitzgerald while Back Home in Derry rings in my ears.
November 10, 2025 at 8:34 PM
Reposted by Ben Farley
The U.S. military killed six people on Sunday in two more strikes on boats suspected of smuggling drugs in the eastern Pacific Ocean, Defense Secretary Pete Hegseth said, without providing evidence. The strikes raised the death toll in the campaign to 76 people.
U.S. Military Kills 6 in Strikes on Suspected Drug Boats, Hegseth Says
The latest strikes raised the death toll in the campaign to 76 people in 19 attacks in the Pacific and the Caribbean Sea since early September.
nyti.ms
November 10, 2025 at 4:23 PM
November 10, 2025 at 4:27 PM
Reposted by Ben Farley
Hearing from more people after this went out.

"We're all pissed. This was a lot of unnecessary stress on people and their families for nothing. And if I win the lottery tonight I absolutely will spend millions to hire people to follow these 8 Dems around for a year and make their lives miserable."
I heard from a bunch of federal employees last night and this morning. They aren't happy.

"I would rather be an actual pawn. At least pawn sacrifices are calculated and achieve something. All this for a fucking meaningless vote."
'A Slap in the Face': Federal Employees Feel Betrayed by Democrats' Shutdown Cave
"I would rather be an actual pawn. At least pawn sacrifices are calculated and achieve something."
www.gravityisgone.com
November 10, 2025 at 2:40 PM
"I'm not a member of any organized political party—I'm a Democrat"
November 10, 2025 at 2:11 AM
Reposted by Ben Farley
As I've said before, we'll need expertise from people who aren't even on the radar screen, like DDR experts.
November 8, 2025 at 4:09 PM
Reposted by Ben Farley
JUST IN: A federal judge has barred the Trump administration from using furloughed employees’ email accounts to broadcast partisan messages about the shutdown.

storage.courtlistener.com/recap/gov.us...
November 7, 2025 at 10:10 PM
Reposted by Ben Farley
Populist Dems won. Moderate Dems won. We won in blue states. We won in purple states.

Maybe the take is that (a) people think Trump is out of control; and (b) people like Dems when we're taking a stand and fighting for what we believe in - as we have been for the last month.
November 5, 2025 at 2:35 AM
Reposted by Ben Farley
ICYMI

Had an in-depth discussion with @craigxmartin.bsky.social of the legal issues raised by the United States' lethal maritime strikes.
JIB/JAB is back for a new season - in Episode 41, I speak with @bcfinucane.bsky.social of @crisisgroup.org about the U.S. killings of alleged drug smugglers, and its implications for the international rule of law:
podcasts.apple.com/us/podcast/j...
November 4, 2025 at 2:33 PM
Well, it ain't piracy; it's murder. But otherwise this is a good @washingtonpost.com op-ed:

www.washingtonpost.com/opinions/202...
Opinion | The new pirates of the Caribbean
Attacks against alleged drug boats are lawless.
www.washingtonpost.com
October 29, 2025 at 3:40 PM
Reposted by Ben Farley
🚨BIG changes happening -- ICE leadership is being purged tonight. The old guard, which prioritized targeted enforcement operations aimed at people with criminal records, is being replaced with Border Patrol and Gregory Bovino's "Midway Blitz" style.

Think things are bad now? It'll get worse.
October 28, 2025 at 12:27 AM
Significant revision of factual position from DOJ with potentially significant implications for the 9th Cir. panel's decision in Oregon v. Trump--and maybe the 9th Cir.'s decision to take (or not) the case en banc.
Trump's DOJ claimed it's "undisputed that nearly a quarter" of Federal Protective Services had to be diverted to Portland. Now, they tell the Ninth Circ it's more like ~13.1%.

They "deeply regret the errors." storage.courtlistener.com/recap/gov.us...

Background www.allrisenews.com/p/9th-en-ban...
October 27, 2025 at 8:47 PM
15
October 26, 2025 at 6:20 PM