Ryan Goodman
@rgoodlaw.bsky.social
220K followers 270 following 1.3K posts
https://www.youtube.com/@RGoodLaw Co-editor-in-chief @justsecurity.org. Chaired Prof at NYU Law. Former Chaired Prof Harvard. Former Special Counsel Defense Dept. https://www.justsecurity.org/author/goodmanryan
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rgoodlaw.bsky.social
2/ "'By this logic, any small, medium or big group that is trafficking drugs into the US — the administration could claim it amounts to an attack against the United States and respond with lethal force,' said a former Pentagon lawyer who has had the [DOJ] opinion described to them."
rgoodlaw.bsky.social
"At the Pentagon, some military lawyers, including international law experts within DoD’s Office of General Counsel, have raised concerns about the legality of the lethal strikes on suspected drug traffickers....

Multiple current and former JAGs ... told CNN that the strikes do not appear lawful."
Exclusive: Classified Justice Department opinion authorizes strikes on secret list of cartels, sources say | CNN Politics
The Trump administration has produced a classified legal opinion that justifies lethal strikes against a secret and expansive list of cartels and suspected drug traffickers, according to multiple peop...
www.cnn.com
rgoodlaw.bsky.social
Judge in Illinois case on National Guard: "If I were the government, I would strongly consider taking a pause on this until Thursday."

The court "declined to quickly issue a temporary order ... while urging the government to delay the controversial plan until she rules."
Judge Won’t Immediately Block Trump Troop Deployment to Illinois
A federal judge declined to quickly issue a temporary order blocking the Trump administration’s plan to deploy National Guard members to Chicago to counter protests against the US immigration crackdow...
news.bloomberglaw.com
rgoodlaw.bsky.social
2/ In that case (Newsom v. Trump), Judge Breyer held that such activities meant this:

"In short, Defendants violated the Posse Comitatus Act."

(Note for lay readers: Breyer's opinion does not bind Trump administration in Illinois; a new case in Illinois now raises Posse Comitatus, to be decided.)
rgoodlaw.bsky.social
On the left:

Sept 2: Judge Breyer opinion (in CA case) showing DoD's own instructions of actions that violate Posse Comitatus Act (eg "crowd control").

On the right:

Sept 26: DHS request to DoD for military forces in Chicago "in direct support of ... access control, and crowd control."
rgoodlaw.bsky.social
What was the real message at Quantico?

Janine Davidson (former Undersecretary of the Navy and former Chair of Department of Defense Policy Board) discusses:

The domestic paradigm shift in President Trump's addressing Active Duty military leaders with National Guard Adjunct Generals excluded.
Trump’s Outline of a Domestic War
Former Undersecretary of Navy discusses import of President Trump's remarks to active duty military leaders at Quantico.
www.justsecurity.org
rgoodlaw.bsky.social
From Chicago to Caracas

I sat down with Bill Kristol (@billkristolbulwark.bsky.social) for conversation about crosscutting developments

- overuse of military force at home and abroad

- National Security Presidential Memorandum-7 and targeting of Americans' First Amendment activity
America’s Lawless Wars—From Chicago to Caracas (w/ Ryan Goodman)
YouTube video by The Bulwark
www.youtube.com
rgoodlaw.bsky.social
3/ The new Temporary Restraining Order bars the deployment by the Trump administration of any federalized National Guard -- eg California or Texas National Guard -- in Portland.
rgoodlaw.bsky.social
2/ Your reminder that Judge Immergut was appointed to the bench by President Trump.
rgoodlaw.bsky.social
Judge Immergut in Oregon v Trump now:

"I grant plaintiffs second motion for a TRO."

Federalized Texas and California Guard to Portland is a "DIRECT CONTRAVENTION" of court's TRO from Saturday.

Both on 12406 statute and Tenth Amendment grounds.
rgoodlaw.bsky.social
A most important question is the timing of this Secretary Hegseth Memorandum

On 10/4/2025 at 3:40 p.m. Judge Immergut signed her opinion which held that the President exceeded his authority by federalizing the (Oregon) National Guard because the situation did not meet the statute's conditions:
rgoodlaw.bsky.social
This represents a major escalation.

President Trump effort to mobilize TEXAS National Guard for deployment in Portland and Chicago.

Court filing just entered in Oregon v. Trump⬇️
rgoodlaw.bsky.social
"Additionally, California Military Department Executive Leadership learned that all 300 federalized California National Guard personnel will be imminently deployed to Portland."
rgoodlaw.bsky.social
State of play:

"As of 6:30 a.m. on Sunday, October 5 one transport carrying approximately 100 federalized California National Guard personnel had already departed from Los Angeles to Portland, with additional transport scheduled for later in the day."
rgoodlaw.bsky.social
I assume the judge will not be happy with this

"After this Court issued a temporary restraining order...Army Northern Command communicated to the California Military Department Executive Leadership that they intended to send 200 of the federalized California National Guard personnel...to Portland.”
rgoodlaw.bsky.social
Just in:

State of California joins Oregon and Portland in Amended Complaint in wake of President Trump's alleged effort to send federalized California National Guard troops to Portland - despite Judge's Saturday evening temporary restraining order.

Key:⤵️
storage.courtlistener.com/recap/gov.us...
rgoodlaw.bsky.social
2/ Making it plain:

"However, the focus of the administration’s attacks has been boats from Venezuela. The surge of overdose deaths in recent years has been driven by fentanyl, which drug trafficking experts say comes from Mexico, not South America."

www.nytimes.com/2025/10/02/u...
Trump ‘Determined’ the U.S. Is Now in a War With Drug Cartels, Congress Is Told
www.nytimes.com
rgoodlaw.bsky.social
Many of us Americans are profoundly concerned about the staggering number of fentanyl deaths in U.S.

That may affect how one thinks about these military strikes.

Now ask the question: When Sec. Hegseth says "narcotics," why does he not say what type?

Most likely answer: It's not fentanyl.
Reposted by Ryan Goodman
tessbridgeman.bsky.social
Mary McCord, former Acting Assistant AG for National Security, and I teamed up on Qs Senators should ask #Bondi at her Judiciary Committee hearing on Tuesday, on strikes that have killed 17 people to date.

The implications are serious. Consider a few of the Qs:

www.justsecurity.org/121862/ask-b...
What the Senate Judiciary Committee Should Ask A.G. Bondi on Drug Cartel Strikes
Annotated questions the Senate Judiciary Committee could ask Attorney General Pam Bondi on lethal strikes against drug cartels.
www.justsecurity.org
Reposted by Ryan Goodman
rgoodlaw.bsky.social
2/ "The administration has also stressed that about 100,000 Americans annually die from overdoses.

However, the focus of the...attacks has been boats from Venezuela. The surge of overdose deaths...has been driven by fentanyl that drug trafficking experts say comes from Mexico, not South America."
rgoodlaw.bsky.social
“This is not stretching the envelope,” Geoffrey Corn said. “This is shredding it."

On administration's confidential note to Congress

Completely right.

Drug cartels not = "armed conflict"
The people killed are civilians

Corn is retired judge advocate general, former Army law-of-war senior adviser
Trump ‘Determined’ the U.S. Is Now in a War With Drug Cartels, Congress Is Told
www.nytimes.com
rgoodlaw.bsky.social
To explain importance of Ed Whelan's analysis: This could invalidate indictment of James Comey.

Halligan was only USG attorney to sign the indictment.

If her appointment was invalid, so may be that indictment.

DOJ could've fixed, but the statute of limitations has now apparently expired.
Re: Was Lindsey Halligan Validly Appointed as United States Attorney? | National Review
Some further reinforcing comments on my post last Friday in which I explained why, based on the facts as I understand them, I believe that Lindsey Halligan has not been validly appointed as United …
www.nationalreview.com