Trump administration tells Congress war law doesnβt apply to cartel strikes
A top Trump administration lawyer told Congress that the War Powers Resolution, which would require the end of hostilities within 60 days, doesnβt apply to cartel strikes.
π§΅ Trump admin is "doing a Libya"βclaiming that US maritime strikes don't constitute "hostilities" under the War Powers Resolution and thus that law's 60-day limit on hostilities doesn't apply.
Shared thoughts with @washingtonpost.com, but here are more: 1/n
www.washingtonpost.com/national-sec...
01.11.2025 20:41 β π 149 π 71 π¬ 8 π 19
π Unless Congress affirmatively voted to authorize Trump admin strikes against suspected drug cartel affiliates (which are already illegal under domestic and international law), another law kicks in on Monday that requires the President to withdraw the U.S. military:
31.10.2025 16:41 β π 5 π 3 π¬ 0 π 0
With news that the #Trump admin may be about to escalate into an illegal war of choice w/ #Venezuela, another rule of law moment comes on Nov. 3:
@rcls-nyu.bsky.social explains the War Powers Resolution's termination clock that requires removal of congressionally unauthorized forces after 60 days π
31.10.2025 16:32 β π 5 π 2 π¬ 1 π 0
This is chilling. The President is asserting authority to kill completely outside of the law. And plans to keep at it.
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
23.10.2025 21:13 β π 717 π 322 π¬ 83 π 16
Two reasons:
(1) the United States doesn't have any legal basis to use force against, well, anyone in the region (cartels, Vz, etc.) because there's no valid self-defense claim - AUMFs don't change that
(2) As @becingber.bsky.social says, killing civilians is never legal, in war or otherwise
23.10.2025 22:23 β π 9 π 3 π¬ 1 π 0
Collection: U.S. Lethal Strikes on Suspected Drug Traffickers
Collection of expert analysis on the legality of the U.S. strike on Venezuelan vessels in the Caribbean, the consequences of the strike, and related issues.
Interested in the ways that the Caribbean (and Pacific) drug strikes are unlawful?
@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...
23.10.2025 21:20 β π 37 π 25 π¬ 3 π 1
Trumpβs Deadly Attacks in the Caribbean Sea | Crooked Media
See my discussion with Jane Coaston on this here:
crooked.com/podcast/trum...
2/3
23.10.2025 21:13 β π 53 π 9 π¬ 1 π 0
This is chilling. The President is asserting authority to kill completely outside of the law. And plans to keep at it.
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
23.10.2025 21:13 β π 717 π 322 π¬ 83 π 16
Trumpβs Deadly Attacks in the Caribbean Sea | Crooked Media
And here's the the What a Day show page:
crooked.com/podcast/trum...
22.10.2025 18:55 β π 2 π 2 π¬ 0 π 0
YouTube video by What A Day
The Terrifying Reason Trump Is Blowing Up Boats in International Waters
Spoke with @janecoaston.bsky.social @crooked.com about #Trump's illegal strikes on suspected drug boats in the Caribbean, potential implications within the US, whether it's a prelude to war in #Venezuela, and what Congress can do about it.
Watch our discussion here:
www.youtube.com/watch?v=eQQr...
22.10.2025 18:20 β π 18 π 3 π¬ 2 π 0
I wish we didnβt have to keep meeting like this. @tessbridgeman.bsky.social, @bcfinucane.bsky.social and I unpack the weekend news involving the brief detention and repatriation of two survivors from the Administrationβs recent boat strike for the @justsecurity.org podcast.
21.10.2025 13:12 β π 14 π 9 π¬ 0 π 0
Pleased to again join my brilliant friends, @tessbridgeman.bsky.social and @becingber.bsky.social on the @justsecurity.org podcast to discuss the latest developments with US strikes in the Caribbean, the prospects for US military action against Venezuela, and incoherent US policy towards Colombia.
21.10.2025 13:02 β π 22 π 8 π¬ 1 π 0
If you haven't read @rgoodlaw.bsky.social and co-authors' full study on the "presumption of regularity" in Trump administration litigation @justsecurity.org, just featured on @60minutes.bsky.social, you can find it here:
www.justsecurity.org/120547/presu...
20.10.2025 04:26 β π 67 π 20 π¬ 0 π 0
I'm grateful to @60minutes.bsky.social featuring our study published @justsecurity.org.
Link to the study (on the 'presumption of regularity'): www.justsecurity.org/120547/presu...
20.10.2025 00:09 β π 5991 π 2256 π¬ 88 π 76
U.S. Detains 2 Survivors of Latest Military Strike in Caribbean
In brief, this is simple:
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...
17.10.2025 21:13 β π 1125 π 341 π¬ 37 π 7
Unfortunately more relevant now than ever, take a listen to @bcfinucane.bsky.social @becingber.bsky.social @rachelgoldbrenner.bsky.social and me on what's going on with the administration's attacks on (unidentified) suspected drug traffickers coming from #Venezuela:
17.10.2025 20:33 β π 14 π 12 π¬ 0 π 0
Attacking Drug Cartels in the Territory of Another State
U.S. lethal operations against suspected cartel-affiliated individuals to date stretch applicable international law beyond recognition.
Expert on use of force and law of armed conflict, Prof. Mike Schmitt:
βThe U.S. operations conducted to date against suspected members of drug cartels stretch the applicable international law rules and their interpretation beyond recognition.β
Full analysis:
www.justsecurity.org/122756/drug-...
17.10.2025 13:09 β π 102 π 38 π¬ 8 π 5
Qs Congress & press need to ask:
-What group were those killed associated with? What were their roles? Who were they?
-Will you explain the reasoning in OLC's opinion purporting to justify these killings?
-Do you believe you have authority to summarily kill US citizens involved in the drug trade?
14.10.2025 18:16 β π 32 π 10 π¬ 3 π 0
The President is announcing more extrajudicial killings today.
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").
14.10.2025 18:16 β π 586 π 211 π¬ 43 π 20
Some Questions About Trumpβs Order Pledging to Defend Qatarβs Security
Trump's EO on Qatar raises a number of important legal and policy questions that merit careful consideration by Congress and the public.
Mike Mattler is truly the expert I'd want to hear from most on Trump's EO that appears to extend US security guarantees to #Qatar - former lead Executive branch treaty lawyer, former counsel at SFRC.
Read his analysis of the key Qs and how to think about them:
www.justsecurity.org/122118/trump...
09.10.2025 17:39 β π 23 π 12 π¬ 3 π 0
Secretary Rubio has this wrong.
The US is not currently engaged in hostilities with Houthis or Iranian proxies, so there's no termination required.
And the resolution specifically states it does NOT prevent the US "from defending itself from an armed attack or threat of an imminent armed attack"
08.10.2025 21:41 β π 70 π 19 π¬ 1 π 0
"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?"
07.10.2025 15:49 β π 5 π 1 π¬ 0 π 0
"Due process is the cornerstone of our constitution. Iβm deeply concerned about the authority our president seems to be asserting to summarily kill people suspected of criminal activity outside the law."
07.10.2025 15:49 β π 5 π 1 π¬ 1 π 0
"Iβm 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..."
07.10.2025 15:49 β π 1 π 0 π¬ 1 π 0
Thank you @coons.senate.gov.
The AG is unwilling to discuss law, but Senators must not acquiesce in lawlessness.
07.10.2025 15:49 β π 47 π 9 π¬ 3 π 1
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