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Ben Farley

@brfarley.bsky.social

International law, law of armed conflict, national security law and policy, constitutional and criminal law.

2,088 Followers  |  1,344 Following  |  316 Posts  |  Joined: 14.08.2023  |  2.0738

Latest posts by brfarley.bsky.social on Bluesky

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Illinois and Chicago file a suit seeking injunctive relief against the deployment of national guard units in Chicagoland that largely tracks the successful suits filed by California and Oregon. In both cases, heavy reliance is placed on Trump's bogus Truth Social posts to prove Trump's state of mind

06.10.2025 14:22 β€” πŸ‘ 21    πŸ” 10    πŸ’¬ 1    πŸ“Œ 0

If U.S. states have any degree of sovereignty, if there’s any states’ rights at all, it is the right not to be invaded by the armed forces of another U.S. state.

06.10.2025 12:36 β€” πŸ‘ 13293    πŸ” 3485    πŸ’¬ 259    πŸ“Œ 110
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JUST IN: Chicago journalistsa re suing DHS and ICE over force used against reporters:

storage.courtlistener.com/recap/gov.us...

06.10.2025 13:16 β€” πŸ‘ 18506    πŸ” 5223    πŸ’¬ 340    πŸ“Œ 207
MEMORANDUM OF LAW
I. INTRODUCTION
Yesterday, this Court recognized that the legal principles at stake in this case β€œgo[] to the
heart of what it means to live under the rule of law in the United States.” Opinion & Order
Granting Mot. for Temporary Restraining Order (β€œOrder”), ECF 56 at 2. Applying those
principles, this Court concluded that Defendants likely lacked authority to federalize Oregon
National Guard members and ordered Defendants to halt federalization for 14 days. Defendants
filed a notice of appeal last night (Ntc. of Appeal, ECF 57), and they have now asked the Ninth
Circuit to stay the effect of this Court’s decision.
Not content with this Court’s or the Ninth Circuit’s judgment, Defendants are now in the
process of circumventing this Court's Order. After this Court ruled that 10 U.S.C. Β§ 12406 could
not justify federalizing the Oregon National Guard to deploy them to Portland, Defendants have
deployed members of the California National Guard to Portlandβ€”servicemembers who were
federalized under that very same Title 10 authority for deployment in Los Angeles. That
redeployment is illegal: Setting aside whether the underlying federalization order from August
violated Section 12406, the federalization order clearly did not contemplate the use of California

MEMORANDUM OF LAW I. INTRODUCTION Yesterday, this Court recognized that the legal principles at stake in this case β€œgo[] to the heart of what it means to live under the rule of law in the United States.” Opinion & Order Granting Mot. for Temporary Restraining Order (β€œOrder”), ECF 56 at 2. Applying those principles, this Court concluded that Defendants likely lacked authority to federalize Oregon National Guard members and ordered Defendants to halt federalization for 14 days. Defendants filed a notice of appeal last night (Ntc. of Appeal, ECF 57), and they have now asked the Ninth Circuit to stay the effect of this Court’s decision. Not content with this Court’s or the Ninth Circuit’s judgment, Defendants are now in the process of circumventing this Court's Order. After this Court ruled that 10 U.S.C. Β§ 12406 could not justify federalizing the Oregon National Guard to deploy them to Portland, Defendants have deployed members of the California National Guard to Portlandβ€”servicemembers who were federalized under that very same Title 10 authority for deployment in Los Angeles. That redeployment is illegal: Setting aside whether the underlying federalization order from August violated Section 12406, the federalization order clearly did not contemplate the use of California

NEW: California joins Oregon and Portland in asking Judge Immergut for a SECOND temporary restraining order blocking the Trump admin from "circumventing this Court's Order" by deploying the federalized California National Guard to Portland. storage.courtlistener.com/recap/gov.us...

06.10.2025 00:34 β€” πŸ‘ 998    πŸ” 299    πŸ’¬ 11    πŸ“Œ 19
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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...

06.10.2025 00:33 β€” πŸ‘ 1013    πŸ” 220    πŸ’¬ 14    πŸ“Œ 5

Let’s go Buffalo!

06.10.2025 00:23 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

Things to consider:

Document the violence & violations--on camera, w/photos, saving images--any way you can. Speaking as a historian- it will matter

Point out violations--w/images & text--even if you think it won't matter. It will. It needs to be called out & exposed

You are a witness.
Expose it.

05.10.2025 23:34 β€” πŸ‘ 5492    πŸ” 1946    πŸ’¬ 103    πŸ“Œ 77
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The very first statute authorizing domestic use of the military during domestic emergencies, enacted in 1792 by a Congress full of the same folks who wrote and ratified the Constitution, expressly provided for judicial review in certain circumstances *before* the President could even send troops.

05.10.2025 14:58 β€” πŸ‘ 11003    πŸ” 3296    πŸ’¬ 272    πŸ“Œ 141

This guy should sue. And this police state action needs to stop. Totally unAmerican.

04.10.2025 22:51 β€” πŸ‘ 578    πŸ” 179    πŸ’¬ 47    πŸ“Œ 11

You.
Are.
Allowed.
To.
Insult.
The.
Police.

It’s a core First Amendment principle. This is utterly lawless behavior, for which there will be no (short-term) consequences.

That he does it so casually, as they are walking away, in front of cameras.

Rightly confident in his impunity.

04.10.2025 15:55 β€” πŸ‘ 9482    πŸ” 4092    πŸ’¬ 326    πŸ“Œ 137

Proof of concept

03.10.2025 23:27 β€” πŸ‘ 23    πŸ” 6    πŸ’¬ 0    πŸ“Œ 1
Preview
Legal Flaws in the Trump Administration’s Notice to Congress on β€œArmed Conflict” with Drug Cartels Top legal expert analyzes the Trump administration's notice to Congress of an "armed conflict" with drug cartels.

On the absence of a non-international armed conflict between the United States and unspecified cartels (from @martylederman.bsky.social in @justsecurity.org): www.justsecurity.org/121844/trump...

03.10.2025 14:44 β€” πŸ‘ 2    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0
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Trump β€˜Determined’ the U.S. Is Now in a War With Drug Cartels, Congress Is Told

Just so we're clear, the President labeling something an armed conflict does not make it an armed conflict, legally or factually:

www.nytimes.com/2025/10/02/u...

02.10.2025 16:40 β€” πŸ‘ 4    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0
Rodrick Johnson, 67, is one of many residents who were detained by federal agents during the South Shore raid. A U.S. citizen, he said agents broke through his door and dragged him out in zip ties.

Johnson said he was left tied up outside the building for nearly three hours before agents finally let him go.

β€œI asked [agents] why they were holding me if I was an American citizen, and they said I had to wait until they looked me up,” Jones said. β€œI asked if they had a warrant, and I asked for a lawyer. They never brought one.”

Rodrick Johnson, 67, is one of many residents who were detained by federal agents during the South Shore raid. A U.S. citizen, he said agents broke through his door and dragged him out in zip ties. Johnson said he was left tied up outside the building for nearly three hours before agents finally let him go. β€œI asked [agents] why they were holding me if I was an American citizen, and they said I had to wait until they looked me up,” Jones said. β€œI asked if they had a warrant, and I asked for a lawyer. They never brought one.”

What DHS pulled in Chicago on Tuesday is wildly unconstitutional. They smashed down almost every door in the building, dragged entire families into the street, and detained people for hours ("Kavanaugh stops").

Ms. Fisher was held for five hours and another senior citizen was held for three hours.

02.10.2025 12:16 β€” πŸ‘ 3688    πŸ” 1577    πŸ’¬ 88    πŸ“Œ 169

"The undersigned will not rubberstamp the breaking of decades-long norms and the rule of law." πŸ”₯πŸ”₯πŸ”₯

More please

01.10.2025 15:13 β€” πŸ‘ 7    πŸ” 2    πŸ’¬ 0    πŸ“Œ 0
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This administration is one giant, ongoing Hatch Act violation.

01.10.2025 13:55 β€” πŸ‘ 60    πŸ” 19    πŸ’¬ 4    πŸ“Œ 0
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Top Trump Aides Push for Ousting Maduro From Power in Venezuela

To be clear, the USG cannot use recognition of a different govt pre-textually as means of getting around the UN Charter prohibition on the use of force against another state

30.09.2025 02:43 β€” πŸ‘ 32    πŸ” 7    πŸ’¬ 1    πŸ“Œ 0

πŸ‘‡

29.09.2025 13:08 β€” πŸ‘ 2    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

*turns on Razorback game*
*watches Notre Dame score twice in 2.5 minutes *
*turns off game*

I don’t envy those boys in Pittman’s locker room at halftime.

27.09.2025 17:53 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

Yes, I’ve heard the same thing since earlier in the week.

Reality is, Israel doesn’t actually want a deal with Syria.

27.09.2025 09:48 β€” πŸ‘ 10    πŸ” 4    πŸ’¬ 0    πŸ“Œ 0
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Fentanyl Doesn’t Come Through the Caribbean The White House is using the opioid epidemic to justify lethal strikes and other policies.

www.theatlantic.com/national-sec...

26.09.2025 14:57 β€” πŸ‘ 2    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0
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β€œIn honor of our 90th year, the Raven will be OPEN Friday & Saturday afternoons for the rest of your anniversary year”!! And about those jukeboxes… - PoPville 3125 Mt Pleasant Street, NW "Dear PoPville, Thanks for taking note of the Raven's 90th Anniversary! But the exact date has been lost to history, so The Raven is celebrating our 90th Anniversary all ye...

Mount Pleasant: β€œIn honor of our 90th year, the Raven will be OPEN Friday & Saturday afternoons for the rest of your anniversary year”!! And about those jukeboxes… www.popville.com/2025/09/dc-9...

25.09.2025 17:17 β€” πŸ‘ 10    πŸ” 2    πŸ’¬ 0    πŸ“Œ 0

I was told that international law has no practical consequences.

25.09.2025 20:55 β€” πŸ‘ 3    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

In 3.5 years, the non-promotional cost of my Hulu+Live TV subscription has increased by 29%.

23.09.2025 16:53 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0
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West Point Accused of Not Letting Professors Express Opinions in Class The military academy’s longest-serving law professor claims the school is violating the First Amendment.

The military academy’s longest-serving law professor claims the school is violating the First Amendment.

23.09.2025 13:31 β€” πŸ‘ 74    πŸ” 29    πŸ’¬ 5    πŸ“Œ 0

Wild.

22.09.2025 16:34 β€” πŸ‘ 3    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

Notable.

(I spent a couple of summers working for Bosnia's war crimes court in Sarajevo.)

22.09.2025 15:05 β€” πŸ‘ 24    πŸ” 6    πŸ’¬ 0    πŸ“Œ 0

UN SR for Counterterrorism and Human Rights addresses the United States' illegal attacks on alleged drug smugglers in the Caribbean at @justsecurity.org.

TL;DR: There is no U.S.-TdA armed conflict and the strikes are plainly illegal under international law.

www.justsecurity.org/121115/unite...

22.09.2025 13:31 β€” πŸ‘ 2    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

Breaking:

LOS ANGELES (AP) β€” California governor signs a law banning most law enforcement officers from wearing masks during some operations.

20.09.2025 19:45 β€” πŸ‘ 4940    πŸ” 876    πŸ’¬ 98    πŸ“Œ 62

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