Brian Finucane
@bcfinucane.bsky.social
Senior Adviser, US Program, International Crisis Group. Editor at Just Security. Non-Resident Senior Fellow at Reiss Center on Law and Security at NYU Law. Ex State Dept Lawyer. War Powers| Use of Force| Counterterrorism| Law of War| War Crimes| Arms Sales
Pinned
Brian Finucane
@bcfinucane.bsky.social
· Sep 19
Asserting a License to Kill: Why the Caribbean Strike is a Dangerous Departure from the “War on Terror”
An absence of credible legal basis for the Caribbean strike suggests the Trump admin is asserting a prerogative to kill outside the law.
www.justsecurity.org
My analysis in @justsecurity.org on Trump's asserted license to kill. 2/n
www.justsecurity.org/120568/carib...
www.justsecurity.org/120568/carib...
This take in the wake of the first maritime attack of September 2nd holds up.
Last week I told @npr.org that there’s a word for premeditated killing outside of armed conflict: murder.
None of the Trump administration’s weak justifications for the lethal strike in the Caribbean have dissuaded me from applying that label here.
www.npr.org/2025/09/05/n...
None of the Trump administration’s weak justifications for the lethal strike in the Caribbean have dissuaded me from applying that label here.
www.npr.org/2025/09/05/n...
International Crisis Group adviser on legality of U.S. strike on Venezuelan boat
President Trump ordered a strike on what he says was a Venezuelan vessel carrying drugs, killing 11 people. NPR asks Brian Finucane of the International Crisis Group if it violated laws.
www.npr.org
December 4, 2025 at 2:28 PM
This take in the wake of the first maritime attack of September 2nd holds up.
Turns out that my most played song of the year is the one my boys loudly demand from the backseat.
December 4, 2025 at 2:13 PM
Turns out that my most played song of the year is the one my boys loudly demand from the backseat.
Pleased to speak with @rstait.bsky.social of @theguardian.com and be quoted alongside @becingber.bsky.social and Geoff Corn.
“The strike, and the attack itself, is likely unlawful regardless of the precise details, because there is no armed conflict."
www.theguardian.com/us-news/2025...
“The strike, and the attack itself, is likely unlawful regardless of the precise details, because there is no armed conflict."
www.theguardian.com/us-news/2025...
Killing of survivors sparks outrage – but entire US ‘drug boat’ war is legally shaky
Pentagon’s Law of War manual clearly prohibits attack, but justification for whole campaign also faces tough questions
www.theguardian.com
December 4, 2025 at 1:44 PM
Pleased to speak with @rstait.bsky.social of @theguardian.com and be quoted alongside @becingber.bsky.social and Geoff Corn.
“The strike, and the attack itself, is likely unlawful regardless of the precise details, because there is no armed conflict."
www.theguardian.com/us-news/2025...
“The strike, and the attack itself, is likely unlawful regardless of the precise details, because there is no armed conflict."
www.theguardian.com/us-news/2025...
It was a real pleasure joining @audiecornish.bsky.social on @cnn.com this morning.
We discussed why the US is not engaged in an armed conflict against narcos despite the legal fantasyland created by DOJ.
And the bigger issues with SignalGate—including a pointless, unauthorized conflict in Yemen.
We discussed why the US is not engaged in an armed conflict against narcos despite the legal fantasyland created by DOJ.
And the bigger issues with SignalGate—including a pointless, unauthorized conflict in Yemen.
December 4, 2025 at 12:58 PM
It was a real pleasure joining @audiecornish.bsky.social on @cnn.com this morning.
We discussed why the US is not engaged in an armed conflict against narcos despite the legal fantasyland created by DOJ.
And the bigger issues with SignalGate—including a pointless, unauthorized conflict in Yemen.
We discussed why the US is not engaged in an armed conflict against narcos despite the legal fantasyland created by DOJ.
And the bigger issues with SignalGate—including a pointless, unauthorized conflict in Yemen.
One irony with this rebranding is the Secretary of State is being so obsequious here (and more generally) because he is trying to talk the President into an illegal regime change war in Venezuela.
In a post on X tonight, the State Department says it “renamed the former Institute of Peace to reflect the greatest dealmaker in our nation's history.”
“Welcome to the Donald J. Trump Institute of Peace.”
“Welcome to the Donald J. Trump Institute of Peace.”
December 4, 2025 at 12:11 PM
One irony with this rebranding is the Secretary of State is being so obsequious here (and more generally) because he is trying to talk the President into an illegal regime change war in Venezuela.
Looking forward to joining around 08:00 EST.
Hello Thursday! Joining @zerlinamaxwell.bsky.social: @repsuhas.bsky.social of VA-10, Senior Adviser at the International Crisis Group @bcfinucane.bsky.social + @indivisible.org Co-Executive Director @leahgreenberg.bsky.social!
☎️ 866-997-4748
📻 @siriusxmprog.bsky.social Ch 127
siriusxm.us/Zerlina
☎️ 866-997-4748
📻 @siriusxmprog.bsky.social Ch 127
siriusxm.us/Zerlina
December 4, 2025 at 11:56 AM
Looking forward to joining around 08:00 EST.
Reposted by Brian Finucane
Hello Thursday! Joining @zerlinamaxwell.bsky.social: @repsuhas.bsky.social of VA-10, Senior Adviser at the International Crisis Group @bcfinucane.bsky.social + @indivisible.org Co-Executive Director @leahgreenberg.bsky.social!
☎️ 866-997-4748
📻 @siriusxmprog.bsky.social Ch 127
siriusxm.us/Zerlina
☎️ 866-997-4748
📻 @siriusxmprog.bsky.social Ch 127
siriusxm.us/Zerlina
December 4, 2025 at 11:30 AM
Hello Thursday! Joining @zerlinamaxwell.bsky.social: @repsuhas.bsky.social of VA-10, Senior Adviser at the International Crisis Group @bcfinucane.bsky.social + @indivisible.org Co-Executive Director @leahgreenberg.bsky.social!
☎️ 866-997-4748
📻 @siriusxmprog.bsky.social Ch 127
siriusxm.us/Zerlina
☎️ 866-997-4748
📻 @siriusxmprog.bsky.social Ch 127
siriusxm.us/Zerlina
“Both Stone and Gaetz gave Hernández’s wife airtime on their radio and television shows to make her case to Trump. “Just like President Trump was a victim of lawfare, my husband is a victim of the DOJ’s Biden lawfare agenda against him,” she said.”
“Lawfare” is when the law is applied to powerful.
“Lawfare” is when the law is applied to powerful.
It was one of the most extraordinary pardons in recent history. How an unusual group of Trump allies helped a convicted cocaine trafficker walk free.
How a Man Convicted of Running a Latin American Narco State Landed a Pardon
Former Honduran President Juan Orlando Hernández’s unusual network of Trump allies and MAGA influencers helped deliver an extraordinary pardon to him.
on.wsj.com
December 4, 2025 at 4:13 AM
“Both Stone and Gaetz gave Hernández’s wife airtime on their radio and television shows to make her case to Trump. “Just like President Trump was a victim of lawfare, my husband is a victim of the DOJ’s Biden lawfare agenda against him,” she said.”
“Lawfare” is when the law is applied to powerful.
“Lawfare” is when the law is applied to powerful.
Reposted by Brian Finucane
Pleased to speak with @cbsnews.com about the legal issues raised by lethal maritime strikes.
"Murder on the high seas is implicated, conspiracy to commit murder outside of the United States, then murder is also an offense under the Uniform Code of Military Justice."
www.cbsnews.com/news/trump-h...
"Murder on the high seas is implicated, conspiracy to commit murder outside of the United States, then murder is also an offense under the Uniform Code of Military Justice."
www.cbsnews.com/news/trump-h...
Trump's Venezuela boat strikes fuel war crimes allegations. Are they legal?
Details about two strikes on an alleged drug boat on Sept. 2 have alarmed legal experts and lawmakers.
www.cbsnews.com
December 3, 2025 at 2:21 PM
Pleased to speak with @cbsnews.com about the legal issues raised by lethal maritime strikes.
"Murder on the high seas is implicated, conspiracy to commit murder outside of the United States, then murder is also an offense under the Uniform Code of Military Justice."
www.cbsnews.com/news/trump-h...
"Murder on the high seas is implicated, conspiracy to commit murder outside of the United States, then murder is also an offense under the Uniform Code of Military Justice."
www.cbsnews.com/news/trump-h...
Reposted by Brian Finucane
ICYMI
A fourth installment of Murder on the High Seas is here. Listen for expert analysis of recent reports of the deliberate killing of two survivors from the first strike, how the DOJ is justifying the campaign, Congress’ role, allies’ reactions, and more.
www.justsecurity.org/126056/the-j...
www.justsecurity.org/126056/the-j...
The Just Security Podcast: Murder on the High Seas Part IV
A panel of experts, co-hosted with RCLS, discuss the Trump administration's campaign of lethal strikes against suspected drug traffickers.
www.justsecurity.org
December 3, 2025 at 5:16 PM
ICYMI
Reposted by Brian Finucane
On the boat strikes, there are three potentially very different legal dimensions:
1) Legal Reality Land
2) OLC Fantasy Land
3) Whatever DoD is actually doing operationally
1) Legal Reality Land
2) OLC Fantasy Land
3) Whatever DoD is actually doing operationally
December 3, 2025 at 9:16 PM
On the boat strikes, there are three potentially very different legal dimensions:
1) Legal Reality Land
2) OLC Fantasy Land
3) Whatever DoD is actually doing operationally
1) Legal Reality Land
2) OLC Fantasy Land
3) Whatever DoD is actually doing operationally
Sums up my legal assessment as well
December 4, 2025 at 2:48 AM
Sums up my legal assessment as well
Important thread from my former USG and now @justsecurity.org colleague @rgoodlaw.bsky.social on the latest administration explanation for the September 2nd maritime attack.
The USG has a new explanation on why they (now admittedly) intentionally killed 2 shipwrecked men. It does not pass the laws-of-war smell test
Worse for Hegseth, NYT: "Defense Secretary Pete Hegseth approved contingency plans for what to do if an initial strike left survivors."
1/🧵
Worse for Hegseth, NYT: "Defense Secretary Pete Hegseth approved contingency plans for what to do if an initial strike left survivors."
1/🧵
U.S. Military’s Boat Strikes Planning Takes On New Significance
www.nytimes.com
December 4, 2025 at 2:38 AM
Important thread from my former USG and now @justsecurity.org colleague @rgoodlaw.bsky.social on the latest administration explanation for the September 2nd maritime attack.
On the other hand, St. Moritz is awfully nice.
And great backcountry and nordic skiing right there as well as ice climbing.
And great backcountry and nordic skiing right there as well as ice climbing.
This closer-to-home alternative offers some of St. Moritz’s shine, but with thinner, more down-to-earth crowds.
For World-Class Skiing Without Crowds, Skip St. Moritz and Head to Sun Valley
The Swiss Alps are lovely this time of year—and teeming with tourists. This closer-to-home alternative offers some of St. Moritz’s shine, but with thinner, more down-to-earth crowds.
on.wsj.com
December 4, 2025 at 2:24 AM
On the other hand, St. Moritz is awfully nice.
And great backcountry and nordic skiing right there as well as ice climbing.
And great backcountry and nordic skiing right there as well as ice climbing.
Administration generally refuses to:
1) Send executive branch lawyers to these briefings who could explain the legal basis for the maritime strikes.
2) Refuses to allow lawmakers to bring legal counsel to see the OLC memo.
Thus keeping Congress in the dark.
www.washingtonpost.com/national-sec...
1) Send executive branch lawyers to these briefings who could explain the legal basis for the maritime strikes.
2) Refuses to allow lawmakers to bring legal counsel to see the OLC memo.
Thus keeping Congress in the dark.
www.washingtonpost.com/national-sec...
Republicans begin to tighten the screws on Hegseth’s Pentagon
GOP frustration with Trump’s defense secretary has intensified, with some lawmakers questioning their confidence in him as key committees pursue an aggressive oversight campaign.
www.washingtonpost.com
December 4, 2025 at 1:24 AM
Administration generally refuses to:
1) Send executive branch lawyers to these briefings who could explain the legal basis for the maritime strikes.
2) Refuses to allow lawmakers to bring legal counsel to see the OLC memo.
Thus keeping Congress in the dark.
www.washingtonpost.com/national-sec...
1) Send executive branch lawyers to these briefings who could explain the legal basis for the maritime strikes.
2) Refuses to allow lawmakers to bring legal counsel to see the OLC memo.
Thus keeping Congress in the dark.
www.washingtonpost.com/national-sec...
Apropos of SignalGate and SecDef blasting out pre-operational details to random journalists on the group chat, a reminder that the Houthis do actually possess some air defense capabilities.
www.airandspaceforces.com/f-16-pilot-s...
www.airandspaceforces.com/f-16-pilot-s...
F-16 Pilot Awarded Silver Star for Harrowing Middle East Mission
An F-16 pilot was awarded a Silver Star for a mission in which he dodged surface-to-air missiles during an operation against Houthis in Yemen.
www.airandspaceforces.com
December 4, 2025 at 12:22 AM
Apropos of SignalGate and SecDef blasting out pre-operational details to random journalists on the group chat, a reminder that the Houthis do actually possess some air defense capabilities.
www.airandspaceforces.com/f-16-pilot-s...
www.airandspaceforces.com/f-16-pilot-s...
The notion that the shipwrecked calling for help is a "hostile act" b/c it might enable salvage of part of the cargo (supposedly a military objective) strikes me as absurd. And would risk gutting the protection of the shipwrecked.
(This is not an armed conflict.)
www.nytimes.com/2025/12/03/u...
(This is not an armed conflict.)
www.nytimes.com/2025/12/03/u...
U.S. Military’s Boat Strikes Planning Takes On New Significance
www.nytimes.com
December 4, 2025 at 12:07 AM
The notion that the shipwrecked calling for help is a "hostile act" b/c it might enable salvage of part of the cargo (supposedly a military objective) strikes me as absurd. And would risk gutting the protection of the shipwrecked.
(This is not an armed conflict.)
www.nytimes.com/2025/12/03/u...
(This is not an armed conflict.)
www.nytimes.com/2025/12/03/u...
Congressional briefing done.
Time to tend the ragu and lift...
Time to tend the ragu and lift...
December 3, 2025 at 10:11 PM
Congressional briefing done.
Time to tend the ragu and lift...
Time to tend the ragu and lift...
There is no war
Q: If it's found that survivors were actually killed while clinging onto that boat, should Sec. Hegseth, Admiral Bradley, or others be punished?
TRUMP: I think you're gonna find that this is war. That these people were killing our people by the millions, actually.
TRUMP: I think you're gonna find that this is war. That these people were killing our people by the millions, actually.
December 3, 2025 at 9:19 PM
There is no war
On the boat strikes, there are three potentially very different legal dimensions:
1) Legal Reality Land
2) OLC Fantasy Land
3) Whatever DoD is actually doing operationally
1) Legal Reality Land
2) OLC Fantasy Land
3) Whatever DoD is actually doing operationally
December 3, 2025 at 9:16 PM
On the boat strikes, there are three potentially very different legal dimensions:
1) Legal Reality Land
2) OLC Fantasy Land
3) Whatever DoD is actually doing operationally
1) Legal Reality Land
2) OLC Fantasy Land
3) Whatever DoD is actually doing operationally
ICYMI
A fourth installment of Murder on the High Seas is here. Listen for expert analysis of recent reports of the deliberate killing of two survivors from the first strike, how the DOJ is justifying the campaign, Congress’ role, allies’ reactions, and more.
www.justsecurity.org/126056/the-j...
www.justsecurity.org/126056/the-j...
The Just Security Podcast: Murder on the High Seas Part IV
A panel of experts, co-hosted with RCLS, discuss the Trump administration's campaign of lethal strikes against suspected drug traffickers.
www.justsecurity.org
December 3, 2025 at 5:16 PM
ICYMI
Reposted by Brian Finucane
Pleased to speak with the CBC yesterday about the latest developments in the Trump administration's killing spree at sea and the possibility of a US military intervention in Venezuela.
www.cbc.ca/player/play/...
www.cbc.ca/player/play/...
December 3, 2025 at 12:21 PM
Pleased to speak with the CBC yesterday about the latest developments in the Trump administration's killing spree at sea and the possibility of a US military intervention in Venezuela.
www.cbc.ca/player/play/...
www.cbc.ca/player/play/...
The fundamental problem with the argument that any of the US military's attacks on the vessel on September 2nd were lawful is that there is no armed conflict.
Thus no military objectives.
And the notion of "war sustaining" objects outside of war is absurd.
www.theguardian.com/us-news/2025...
Thus no military objectives.
And the notion of "war sustaining" objects outside of war is absurd.
www.theguardian.com/us-news/2025...
Trump officials say second strike aimed to destroy drug boat instead of crew
Officials hew closely to secret memo which gives legal cover to firing on boats even if it would kill people on board
www.theguardian.com
December 3, 2025 at 4:35 PM
The fundamental problem with the argument that any of the US military's attacks on the vessel on September 2nd were lawful is that there is no armed conflict.
Thus no military objectives.
And the notion of "war sustaining" objects outside of war is absurd.
www.theguardian.com/us-news/2025...
Thus no military objectives.
And the notion of "war sustaining" objects outside of war is absurd.
www.theguardian.com/us-news/2025...
This is also my view and that of many of the former USG natsec lawyers I speak with.
"This explains why the administration refuses to declassify the memo...If the public saw how flimsy the legal footing is, they’d see the president is using wartime powers he does not have to kill civilians he cannot legally target..." open.substack.com/pub/defiance...
NEWS: Leaked memo exposes flimsy legal basis for Trump boat strikes
DOJ's classified, "legal authorization" for the missile attacks is beginning to collapse.
open.substack.com
December 3, 2025 at 4:00 PM
This is also my view and that of many of the former USG natsec lawyers I speak with.