Tess Bridgeman
@tessbridgeman.bsky.social
3.2K followers 590 following 120 posts
Co-Editor-in-Chief, Just Security (@justsecurity.bsky.social) | NYU Law RCLS Sr. Fellow | Berkeley Law | Stanford CISAC | Former NSC Deputy Legal Adviser, White House Associate Counsel & Special Assistant to the President | Former State Department
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tessbridgeman.bsky.social
"As the chief lawyer for our federal government you have a unique responsibility to ensure maintenance of our constitutional standards

How did you conclude that these strikes are legal?"
tessbridgeman.bsky.social
"Due process is the cornerstone of our constitution. I’m deeply concerned about the authority our president seems to be asserting to summarily kill people suspected of criminal activity outside the law."
tessbridgeman.bsky.social
"I’m concerned with what the limiting principle is. Whether the government could summarily kill people it just declares are cartel members as well as unlawful combatants inside the United States or if they were American citizens."

These aren't hypos. Trump plans to "fight the enemy from within..."
tessbridgeman.bsky.social
Thank you @coons.senate.gov.

The AG is unwilling to discuss law, but Senators must not acquiesce in lawlessness.
atrupar.com
COONS: How did you conclude that these strikes on boats in the open ocean are legal?

BONDI: I'm not going to discuss any legal advice that my department may or may not have issued
Reposted by Tess Bridgeman
edswaine.bsky.social
Re-upping these questions from @tessbridgeman.bsky.social & Mary McCord. Note that the subsequent CNN story on the classified OLC memo does not report whether the memo was prepared before the recent strikes, which is one of the questions posed.
edswaine.bsky.social
Valuable questions, terrific format -- ideally reaching Senate staff.
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...
tessbridgeman.bsky.social
Four more people were killed this morning.

To repeat:

- If it can happen at sea, it can happen anywhere

- Trump has offered no definition or limiting principle for who can be labeled a "terrorist" and summarily killed

- And no plausible legal theory for why an armed conflict exists
tessbridgeman.bsky.social
This is, of course, extremely dangerous and unprecedented, with implications far beyond the drug trafficking context.

If it can happen on the high seas, it can happen anywhere.

If it can happen to suspected drug traffickers labeled "terrorists," it can happen to anyone else labeled a "terrorist."
tessbridgeman.bsky.social
As things stand, it looks like Trump has a blank check to:

1. Deem anyone a "terrorist" (no definition has been offered - is it whatever Trump says?) and order their killing

2. Declare an armed conflict exists (no accepted legal test for existence of one has been met) to try to make it look lawful
tessbridgeman.bsky.social
- Does DOJ believe Art. II of the Constitution gives the President authority to kill anyone he deems a terrorist? Under what law?

If so, what criteria need to be met to be deemed a terrorist?

-Does it give Trump the authority to kill anyone he suspects of planning to commit crimes in the US?
tessbridgeman.bsky.social
- Could #Trump order the military to kill people suspected of involvement in the drug trade inside Venezuela? In Colombia? Other countries?

- What about ordering killings inside the U.S.? In Florida? in New York? LA? If not, why is ordering killings in other places lawful?
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
tessbridgeman.bsky.social
We can't be sure what Hegseth's meeting with senior military officers next week will entail - all the more reason to prepare for plausible contingencies.

Start with Eugene Fidell's new Q&A:

www.justsecurity.org/121421/hegse...
tessbridgeman.bsky.social
Read top expert analysis (and listen to/watch our podcast) on the lethal strikes on suspected drug trafficking vessels in the Caribbean here 👇

www.justsecurity.org/120753/colle...
tessbridgeman.bsky.social
- A program of lethal strikes against suspected criminals (summary executions, no due process),

- being carried out by the U.S. military,

- outside of any armed conflict and without any threat of imminent armed attack

This is a five-alarm fire for the rule of law:
tessbridgeman.bsky.social
Read this by leading expert and former JAG Geoff Corn on the speed boat attack last week.

Crucial insight on the right Qs - how did this order make it down the chain of command? - and the dangers for the rule of law and potential abuse of military power:

👇

www.thecipherbrief.com/a-dangerous-...
tessbridgeman.bsky.social
Must read by @mikeschmitt.bsky.social on the U.S. strike against a suspected drug smuggling vessel in the Caribbean.

An excellent analysis & a cautionary note: "We seem to be on a normative slippery slope that endangers the very values the right to use force in self-defense is meant to protect."
tessbridgeman.bsky.social
NEW: The war powers report on Trump's attack on a suspected drug trafficking vessel in the Caribbean last week is included in our @rcls-nyu.bsky.social War Powers Reporting Project searchable database and included here:

warpowers.lawandsecurity.org/reports/2025...
Reposted by Tess Bridgeman
becingber.bsky.social
It’s never good news when this group’s expertise is making the podcast waves but I was honored to speak with @tessbridgeman.bsky.social and @bcfinucane.bsky.social for the @justsecurity.org podcast this week on the President’s air strike on people he alleges were smuggling drugs at sea—
tessbridgeman.bsky.social
It should be shocking that these orders are being carried out.
tessbridgeman.bsky.social
I hope Congress is asking for the Trump memo authorizing military force against... suspected criminals.

Sure seems likely it sets up a program of extrajudicial killing (designating a cartel a "terrorist group" doesn't create a legal basis to use force):

CNN: www.cnn.com/2025/09/05/p...