Brian Finucane

“We can debate the finer points of whether they're allowed to do a second strike... but the reality is, the first strike was illegal, and all of the other strikes were illegal, and you're saying it's terrorism that authorizes them to do this, but that's quite a stretch,” Massie told TAC Wednesday. “There’s not even an AUMF [authorization for the use of military force] like when they typically talk about the Global War on Terror. Congress hasn’t even declared a Global War on Narco Terrorism, yet, right? That doesn’t exist.”

And to be quoted alongside Congressman Tom Massie, especially as this sounds like some of my recent media hits.

Hegseth ‘Double Tap’ Brings Legality of Entire Narco Campaign Into Question The latest scandal engulfing the Pentagon highlights questions that have been there since the beginning of Caribbean operations.

Pleased to speak with Kelley Vlahos for the American Conservative.

“Hopefully, members of Congress will take this opportunity to reexamine the entire boat bombing scheme as a whole.”

www.theamericanconservative.com/hegseth-doub...

Sports?

Hegseth declares end of US 'utopian idealism' with new military strategy The Defense secretary, speaking at the Reagan Defense Forum, outlined defense priorities that focus on the Western Hemisphere and reevaluate the U.S. relationship with Europe.

“Out with idealistic utopianism,” he said. “In with hard-nosed realism.”

If there is anything that says “hard-nosed realism” it is fighting an utterly pointless conflict with the Houthis—the actual subject of SignalGate.

www.politico.com/news/2025/12...

Indeed.

Trump claimed the passengers on the first boat—the now infamous September 2nd attack—were TdA.

Which is doubtful…

America Unbound in the Caribbean The real costs of Washington’s use of force.

In a draft of this piece, the final section heading was:

“First, They Came for the (Alleged) Drug Smugglers.”

www.foreignaffairs.com/central-amer...

One of the many reasons for concern about the killing spree at sea is that the administration is effectively asserting a license for POTUS to kill outside the law those he labels “terrorists.”

A term this administration also applies to domestic political opponents.

Opinion | Why Is Christianity So Hard to Find in the Trump Administration?

A true mystery.

Could be that the post-Christian Right, is well, post-Christian.

www.nytimes.com/2025/12/06/o...

What about for atrocity crimes?

You read Section 5 as not requiring presentment?

That is an open question

I agree.

To me the war crimes debate is significant insofar as it bears on whether the administration is committing criminal violations of its own (bogus) legal framework.

Potentially useful indicator of nature and scale of the administration’s lawlessness.

Really something to do war crimes in a make-believe war.

You are correct

Even if there was an armed conflict (there’s not) there is no indication these people would have been lawful targets.

No indication they were members of an organized armed group.

No indication they were directly participating in hostilities.

Targeting civilians is a war crime.

(Not a war.)

Hegseth defends strikes on alleged cartel boats, says Trump can order use of force 'as he sees fit' Defense Secretary Pete Hegseth has defended U.S. military strikes on alleged drug cartel boats, saying President Donald Trump has the right to take military action “as he sees fit.”

An unconstitutional notion.

We are witnessing in real time why the Constitution doesn’t entrust decisions over the use of military force to the whims of one man.

apnews.com/article/hegs...

Ran into someone involved in the torture program at a social event recently.

The lack of accountability for the RDI program helped bring about our current moment.

Accountability is a choice.

Exclusive: ICC shuns US demands to drop Israel war crimes probe and amend treaty Washington also called for end to Afghanistan investigation and change to Rome Statute in return for lifting sanctions

ICC policy is another area where the administration’s pro-atrocity and anti-rule of law agendas shine through.

www.middleeasteye.net/news/icc-sta...

Opinion | Pete Hegseth Is Doing Something Even Worse Than Breaking the Law

One of my favorite @davidfrenchjag.bsky.social essays.

I have at times disagreed with him on law of war matters, but I recommend this piece.

www.nytimes.com/2025/12/04/o...

Gratified that the Sleigher Christmas sweater does indeed exist.

Pleased to speak with Fredricka Whitfield on @cnn.com today.

Explained that the legal problems with the killing spree at sea far go beyond the September 2nd incident.

Premeditated killing outside of armed conflict is called murder.

And there is no armed conflict.

Who Would Jesus Drone Strike?

Set up a rappel anchor with a snow stake and helped them rappel down over the bergschrund using my double ropes.

Man Charged With Leaving Girlfriend to Freeze to Death on Mountain The experienced mountaineer is accused of abandoning his girlfriend at the top of Austria’s highest mountain.

Horrible.

Years ago while climbing in Peru, I had to help an older Italian couple rappel off a peak.

The wife was too exhausted to down climb and their rope was too short for the rappels.

www.thedailybeast.com/man-charged-...

For POTUS, much of the appeal of the boat bombing scheme is that it is dramatic, performative military action.

But a USCG sniper shooting out the engine of moving fast boat from a helicopter is impressive and makes for good content.

Seems like entertainment wise that could substitute for bombings.

My impression is that whatever mumbo jumbo DOJ concocted, it is just legal backfilling for a predetermined policy outcome.

The Murder Memo for the boat bombings is limited to strikes on unflagged vessels in international waters.

But DOJ would no doubt contrive some new permission slip if needed.

There's an important point here which I also just made on @cnn.com.

DOJ created a make-believe armed conflict to justify the boat bombing scheme.

But in practice DoD may be coloring outside DOJ's lines and could be committing crimes even under DOJ's alternate version of legal reality.

EXCLUSIVE: Watch a Coast Guard helicopter sniper disable a go-fast drug vessel in interdiction operation. foxnews.com/video/638606174511

Notable that POTUS is posting a Fox News story about the USCG disabling and interdicting a vessel suspected of carrying drugs.

Demonstrates his awareness of alternatives to blowing up suspected drug boats.

And that killing people is very much a deliberate and completely unnecessary choice.

Makes as much sense as the USG trying to bomb its way to victory in the war on drugs.

Have done so. And been thinking the same.