David Kaye
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davidakaye.bsky.social
David Kaye
@davidakaye.bsky.social

californian. human rights, free expression, tech, international law. uc irvine. fulbright. article 19. prior: UN special rapporteur, GNI chair.

edu coalition (dm for details)

go bears!

David Kaye is an American politician who served as the United Nations Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression between August 2014 and July 2020, succeeded by Irene Khan. .. more

Law 28%
Political science 21%
Pinned
👀 Jim Jordan held a House Judiciary Committee hearing on . . . how Europe censors Americans. Nigel Farage came along! Let's just say I have a slightly different view than them. My written and oral testimony are here: ijclinic.law.uci.edu/2025/09/03/h...

Here are my concluding paras:

Reposted by Ann Bartow

is this actually happening? a blatantly illegal war of aggression?
Trump Declares Venezuelan Airspace Closed
www.nytimes.com

there is no floor for this regime. here, using a government site to attack specific reporters and outlets.
Don't know whether this is new or has been up for awhile. Either way, when the White House creates a hit list of journalists it doesn't like, the free press is in danger. www.whitehouse.gov/mediabias/
Media Offenders
Explore the Media Bias Tracker that fact checks and holds Fake News accountable. False claims debunked, Hall of Shame for serial offenders, Leaderboard of networks ranked by Repeated Lies. Stay inform...
www.whitehouse.gov

Reposted by Ann Bartow

Reposted by Ann Bartow

there is a direct line from 2001/2002 - Cheney (gloves are off), Gonzales (Geneva Conventions are "quaint"), Yoo (Geneva doesn't apply to Afghanistan) - to today.

a very direct line and long-term rot on the right.
“Should we follow the Geneva Conventions?” Pete Hegseth asked in 2024.

It’s almost as if there were signs!

bsky.app/profile/anna...
“Should we follow the Geneva Conventions?” Pete Hegseth asked in 2024.

It’s almost as if there were signs!

bsky.app/profile/anna...

Reposted by David H. Kaye

Beyond all other illegalities Hegseth's order to kill survivor's in the water is a crime which implicates all US personnel. If Hegseth's policy would be generally accepted, future US navy personnel shipwrecked would also become lawful targets.
www.washingtonpost.com/national-sec...
Hegseth order on first Caribbean boat strike, officials say: Kill them all
Defense Secretary Pete Hegseth issued a verbal order to kill all crew members in the Sept. 2 strike on a suspected drug boat. Navy SEALs fired a second missile.
www.washingtonpost.com

what hegseth describes is deeply criminal under international law and, before his tenure, accepted law for the US armed forces. we cannot let this go. it's not about policy difference. it's murder under the color of law.
para 2: not a legit basis for use of force. period.
para 4: almost certainly untrue.
This is a lot of words to say, “Yikes! That Washington Post story about us illegally killing survivors on the open seas was 100% correct!”

Reposted by Ann Bartow

THIS IS REALLY IMPORTANT. as @heidikitrosser.bsky.social has noted, the northwestern faculty had just voted overwhelmingly against exactly this kind of capitulation.
BTW, any story about a possible Northwestern capitulation should include this detail (screenshot is from the oped linked below)

mike schill was, as far as i can tell, forced out as president of northwestern in september, after only three years in the job. it seems he navigated the past couple years really well, so well that ADL had targeted him, calling for his resignation. these don't seem unrelated.
👀 when it comes to "harassment" and student protest, northwestern has given the trump administration what appears to be a veto over changes in policy: "Northwestern shall not revise or modify these policies and procedures without the consent of the Assistant Attorney General".

horrible.
You've heard of the Friday night news dump. Here's the Friday night of Thanksgiving wknd dump. For special circumstances, like when the faculty assembly votes 595-4 against paying to end a shakedown and you do it anyway. Link to agreement here: bulkmail.northwestern.edu/trk/click?re...
BREAKING: Northwestern University has agreed to pay the U.S. Treasury $75 million, over the course of three years as part of an agreement with the federal government to restore funding and end investigations into the university

Full statement from NU below:

given how europe has acted, i doubt we'll get anything serious out of them. colombia/venezuela could make it uncomfortable for them though.
This is a lot of words to say, “Yikes! That Washington Post story about us illegally killing survivors on the open seas was 100% correct!”

awesome, thanks cathy i'll read it!

the question may come down to politics rather than prosecution - will states be willing to use this to emphasize the int'l criminality of this administration? threaten consequences? they should b/c at a minimum the rome statute provides a baseline of principles for global order.
You've heard of the Friday night news dump. Here's the Friday night of Thanksgiving wknd dump. For special circumstances, like when the faculty assembly votes 595-4 against paying to end a shakedown and you do it anyway. Link to agreement here: bulkmail.northwestern.edu/trk/click?re...
BREAKING: Northwestern University has agreed to pay the U.S. Treasury $75 million, over the course of three years as part of an agreement with the federal government to restore funding and end investigations into the university

Full statement from NU below:

i find the ICC/Hague references generally wishful thinking. but there are jurisdictional possibilities: targeting of a colombian-flagged or registered ship? crimes in/against venezuela? both states are parties to ICC. it's not crazy to imagine, even if actual arrests of hegseth et al are.
A nice thing about joining ICC would be that Trump's pardon of Haegseth wouldn't prevent ICC prosecution (it wouldn't anyway, but jurisdiction & extradition would be problems while we're not a member).

Meanwhile, pardoning a war criminal is exactly why the ICC can prosecute when the state fails to.
If the US were a member of the International Criminal Court, it still wouldn't prosecute Secretary of War Hagueseth if the United State itself prosecuted him.

We're not a member, but the same principle still applies.

We should do the right thing in either case.

Reposted by David H. Kaye

A nice thing about joining ICC would be that Trump's pardon of Haegseth wouldn't prevent ICC prosecution (it wouldn't anyway, but jurisdiction & extradition would be problems while we're not a member).

Meanwhile, pardoning a war criminal is exactly why the ICC can prosecute when the state fails to.
If the US were a member of the International Criminal Court, it still wouldn't prosecute Secretary of War Hagueseth if the United State itself prosecuted him.

We're not a member, but the same principle still applies.

We should do the right thing in either case.

we just have to recognize that the outrages and violence will ramp up. authoritarians don’t plateau. they consolidate, or try to, esp if there is no serious counter.

lawlessness is the signature feature of the trump regime. the supreme court is useless as a brake and it will only get worse in the coming year(s) unless congress stops acquiescing in it.
Mass pardons are coming. There will be no accountability without treating those as null and void. And that means a future administration taking an official position that Trump is not the legitimate president right now because he is disqualified by the 14th Amendment. The two things are inextricable.

Reposted by David H. Kaye

Even after taking a pummelling, not all of Iran’s leaders want a deal with the Great Satan
Don’t count on a reset in US-Iran relations, writes Dalia Dassa Kaye
Even after taking a pummelling, not all of Iran’s leaders want a deal with the Great Satan
econ.st

enjoy the day like the dog below enjoyed his 17th century bone.

i wish i could thank every single person litigating, advocating, testifying, otw resisting this attack on our democracy. we will prevail b/c of you!
Politicized investigations against political enemies are a key feature of authoritarian systems

@reuters.com documented at least 470 targets of retribution under 🇺🇸 Trump’s leadership – from federal employees and prosecutors to universities and media outlets.

www.reuters.com/investigates...
Trump’s campaign of retribution: At least 470 targets and counting
A Reuters investigation documents at least 470 acts of retribution under Trump’s leadership.
www.reuters.com

simply grotesque. unsurprising, playing to discrimination and ignorance as this wretched admin always does.
It didn’t even take 6 hours.
It didn’t even take 6 hours.
BTW, any story about a possible Northwestern capitulation should include this detail (screenshot is from the oped linked below)

when prosecutors are no longer lawyers for the people but for a would-be king, of course courts dismiss cases. but someday we'll have genuine accountability in this country, and history too will record how corruption & greed for power destroyed our democratic institutions and civic space.