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...
Don't recall Axl being a big fan...
Confirmed: They're playing November Rain by Guns n' Roses ahead of Trump signing a peace agreement with Rwanda and the DRC at the US Institute of Peace building.
December 4, 2025 at 6:02 PM
Don't recall Axl being a big fan...
1) No "fight" because there is no armed conflict.
2) Even if there were an armed conflict and these men were once lawful targets, per this description the men sound shipwrecked.
3) Vessel was reportedly not headed for US but Trinidad in the first place & moreover had reportedly turned around for VZ.
2) Even if there were an armed conflict and these men were once lawful targets, per this description the men sound shipwrecked.
3) Vessel was reportedly not headed for US but Trinidad in the first place & moreover had reportedly turned around for VZ.
Q: What did you see in the second strike?
Cotton: "I saw two survivors trying to flip a boat -- loaded with drugs, bound for the United States -- back over, so they could stay in the fight."
Cotton: "I saw two survivors trying to flip a boat -- loaded with drugs, bound for the United States -- back over, so they could stay in the fight."
December 4, 2025 at 6:00 PM
1) No "fight" because there is no armed conflict.
2) Even if there were an armed conflict and these men were once lawful targets, per this description the men sound shipwrecked.
3) Vessel was reportedly not headed for US but Trinidad in the first place & moreover had reportedly turned around for VZ.
2) Even if there were an armed conflict and these men were once lawful targets, per this description the men sound shipwrecked.
3) Vessel was reportedly not headed for US but Trinidad in the first place & moreover had reportedly turned around for VZ.
Mark Milley infamously referred to the Kabul drone strike on a bunch of civilians as a "righteous strike."
Sen. Tom Cotton (R-Ark.), to reporters, after viewing video footage of the U.S. strikes on alleged drug boats in the Caribbean on Sept. 2:
"Righteous strikes." "Entirely lawful."
"Righteous strikes." "Entirely lawful."
December 4, 2025 at 5:46 PM
Mark Milley infamously referred to the Kabul drone strike on a bunch of civilians as a "righteous strike."
Today I have repeatedly borrowed from Bentham and referred to the latest defense of the September 2nd maritime attack as nonsense upon stilts.
December 4, 2025 at 5:42 PM
Today I have repeatedly borrowed from Bentham and referred to the latest defense of the September 2nd maritime attack as nonsense upon stilts.
Mind boggling for anyone who has ever worked in this space.
DoD IG confirms the Secretary copied operational details from a SECRET//NOFORN CENTCOM brief into a 19-person Signal chat that included a journalist. This occurred 2–4 hours before U.S. strikes in Yemen.
December 4, 2025 at 4:20 PM
Mind boggling for anyone who has ever worked in this space.
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
Many ways real CT direct action differs from the killing spree at sea.
Currently:
1) No prior armed attack like on 9/11.
2) No congressional authorization for the use of force.
3) No armed conflict.
4) No application of the law of war.
5) No lawful targets.
www.washingtonpost.com/opinions/202...
Currently:
1) No prior armed attack like on 9/11.
2) No congressional authorization for the use of force.
3) No armed conflict.
4) No application of the law of war.
5) No lawful targets.
www.washingtonpost.com/opinions/202...
Opinion | Trump’s boat strike playbook was written by Obama
The former president’s “double tap” attacks were not unlawful. Neither are the current one’s.
www.washingtonpost.com
December 4, 2025 at 4:10 PM
Many ways real CT direct action differs from the killing spree at sea.
Currently:
1) No prior armed attack like on 9/11.
2) No congressional authorization for the use of force.
3) No armed conflict.
4) No application of the law of war.
5) No lawful targets.
www.washingtonpost.com/opinions/202...
Currently:
1) No prior armed attack like on 9/11.
2) No congressional authorization for the use of force.
3) No armed conflict.
4) No application of the law of war.
5) No lawful targets.
www.washingtonpost.com/opinions/202...
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
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...