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...
The lawless killing spree at sea continues.
November 17, 2025 at 1:27 AM
The lawless killing spree at sea continues.
When Trump admin first took the unprecedented step of designating cartels & gangs as FTOs I wrote about how it was paving the way for military action.
At the time, it looked like Mexico would be the location.
Instead it was at sea.
And now possibly Venezuela.
www.justsecurity.org/107850/us-mi...
At the time, it looked like Mexico would be the location.
Instead it was at sea.
And now possibly Venezuela.
www.justsecurity.org/107850/us-mi...
U.S. Military Action in Mexico: Almost Certainly Illegal, Definitely Counterproductive
U.S. military action in Mexico would not only be illegal, it would sabotage Trump’s stated immigration policy priorities and could lead to retaliation against Americans.
www.justsecurity.org
November 17, 2025 at 12:59 AM
When Trump admin first took the unprecedented step of designating cartels & gangs as FTOs I wrote about how it was paving the way for military action.
At the time, it looked like Mexico would be the location.
Instead it was at sea.
And now possibly Venezuela.
www.justsecurity.org/107850/us-mi...
At the time, it looked like Mexico would be the location.
Instead it was at sea.
And now possibly Venezuela.
www.justsecurity.org/107850/us-mi...
A potential prelude to military action against Venezuela—even though the FTO designation as such confers no authority to use force.
(And this supposed cartel may not even exist.)
A regime change campaign in the guise of counterterrorism.
(And this supposed cartel may not even exist.)
A regime change campaign in the guise of counterterrorism.
November 16, 2025 at 10:44 PM
A potential prelude to military action against Venezuela—even though the FTO designation as such confers no authority to use force.
(And this supposed cartel may not even exist.)
A regime change campaign in the guise of counterterrorism.
(And this supposed cartel may not even exist.)
A regime change campaign in the guise of counterterrorism.
First fire of the season.
Includes some oak that I cut and split in the spring.
Includes some oak that I cut and split in the spring.
November 16, 2025 at 10:02 PM
First fire of the season.
Includes some oak that I cut and split in the spring.
Includes some oak that I cut and split in the spring.
“wildly illegal”
Indeed
Indeed
Chris Murphy on possible military strikes on Venezuela: "It's pretty clear it's just an effort to distract people from the rising prices and the Epstein scandal. No one wants a war with Venezuela ... and by the way, it's wildly illegal."
November 16, 2025 at 9:42 PM
“wildly illegal”
Indeed
Indeed
Reposted by Brian Finucane
“It really strikes me that OLC was given an assignment. ‘We need a legal justification to do the following’ and then they just cooked something up," said @bcfinucane.bsky.social theintercept.com/2025/11/14/b...
November 15, 2025 at 12:08 PM
“It really strikes me that OLC was given an assignment. ‘We need a legal justification to do the following’ and then they just cooked something up," said @bcfinucane.bsky.social theintercept.com/2025/11/14/b...
Reposted by Brian Finucane
“It’s legal Mad Libs," said @bcfinucane.bsky.social. "They’re throwing all these terms and concepts at the wall, but there’s no real content or substance behind them.”
In a memo promising legal immunity for those who kill alleged drug traffickers, the Trump administration floated an unusual legal theory.
Secret Boat Strike Memo Justifies Killings By Claiming the Target Is Drugs, Not People
In a memo promising legal immunity for those who kill alleged drug traffickers, the Trump administration floated an unusual legal theory.
interc.pt
November 15, 2025 at 12:07 PM
“It’s legal Mad Libs," said @bcfinucane.bsky.social. "They’re throwing all these terms and concepts at the wall, but there’s no real content or substance behind them.”
Strutting around the Home Depot Parking lot.
The crisis of masculinity in its most cartoonish version.
The crisis of masculinity in its most cartoonish version.
November 16, 2025 at 5:59 AM
Strutting around the Home Depot Parking lot.
The crisis of masculinity in its most cartoonish version.
The crisis of masculinity in its most cartoonish version.
Also, in the course of other atrocities in Yemen, his forces bombed a *school bus full of kids* with a U.S. PGM.
The U.S. intelligence community concluded Saudi Crown Prince Mohammed bin Salman approved the killing and dismemberment of a Post columnist, making President Trump's formal dinner for the prince on Tuesday a dramatic step in public rehabilitation. https://wapo.st/3LOwEFn
November 16, 2025 at 2:07 AM
Also, in the course of other atrocities in Yemen, his forces bombed a *school bus full of kids* with a U.S. PGM.
Reposted by Brian Finucane
“This could indicate awareness of potential criminal exposure" and may “reflect consciousness on their part that they’re in legally treacherous territory," legal expert @bcfinucane.bsky.social tells me.
If Dems win House they can get to the bottom of all of this. 5/
newrepublic.com/article/2032...
If Dems win House they can get to the bottom of all of this. 5/
newrepublic.com/article/2032...
November 15, 2025 at 12:38 PM
“This could indicate awareness of potential criminal exposure" and may “reflect consciousness on their part that they’re in legally treacherous territory," legal expert @bcfinucane.bsky.social tells me.
If Dems win House they can get to the bottom of all of this. 5/
newrepublic.com/article/2032...
If Dems win House they can get to the bottom of all of this. 5/
newrepublic.com/article/2032...
Illegal military actions for the sake of performance.
(Also heavily dependent on the last person to talk to POTUS.)
Reality TV administration.
(Also heavily dependent on the last person to talk to POTUS.)
Reality TV administration.
November 16, 2025 at 1:46 AM
Illegal military actions for the sake of performance.
(Also heavily dependent on the last person to talk to POTUS.)
Reality TV administration.
(Also heavily dependent on the last person to talk to POTUS.)
Reality TV administration.
Denouncing the Pope for being a “globalist” and claiming to be a Catholic. lol
The U.S. bishops defended migrant families. Tom Homan snapped. Nan Hayworth called Pope Leo a “tool of our enemies.” Tim Burchett accused the church of getting rich off of sex trafficking.
Matt Walsh, Lara Logan, and the rest joined in. This is what MAGA anti-Catholicism looks like.
Matt Walsh, Lara Logan, and the rest joined in. This is what MAGA anti-Catholicism looks like.
“Pope Leo Is a Tool of Our Enemies”: Homan Leads MAGA Attacks as Hayworth, Others Pile On
It’s the latest MAGA attack on Pope Leo’s pro-immigrant stance. Disgraced border chief Tom Homan — caught taking a $50,000 bribe in a Cava takeout bag — led the charge against Leo and the bishops.
www.thelettersfromleo.com
November 16, 2025 at 1:37 AM
Denouncing the Pope for being a “globalist” and claiming to be a Catholic. lol
Apropos of nothing in particular, recalling that Rex Tillerson—whatever his failings as SecState—took the issue of workplace sexual harassment seriously.
Read into that what you will.
He mandated in person training.
My session occurred on the day he was fired.
Read into that what you will.
He mandated in person training.
My session occurred on the day he was fired.
November 16, 2025 at 1:07 AM
Apropos of nothing in particular, recalling that Rex Tillerson—whatever his failings as SecState—took the issue of workplace sexual harassment seriously.
Read into that what you will.
He mandated in person training.
My session occurred on the day he was fired.
Read into that what you will.
He mandated in person training.
My session occurred on the day he was fired.
I’m one of the folks saying this.
And yep, that’s the upshot of the asserted prerogative.
And yep, that’s the upshot of the asserted prerogative.
"Legal experts point out that this effectively hands Trump the authority to unilaterally execute civilians who are not waging war against the United States in any recognizable sense."
Read that again, I had to.
Read that again, I had to.
Trump's illegal murders in the Caribbean just got worse. An internal DOJ memo on the bombings says the victims are waging war on the US, but per NYT, it extensively cites the WH's *own claims* to this effect as evidence!
It gets even darker than that. 1/
(new piece)
newrepublic.com/article/2032...
It gets even darker than that. 1/
(new piece)
newrepublic.com/article/2032...
November 16, 2025 at 12:49 AM
I’m one of the folks saying this.
And yep, that’s the upshot of the asserted prerogative.
And yep, that’s the upshot of the asserted prerogative.
The commander in chief of the U.S. military.
Who might or might not order an attack on Venezuela based on a whim.
Who might or might not order an attack on Venezuela based on a whim.
mr president, what does "viewed last night in an uncontrollable rage" mean
November 16, 2025 at 12:12 AM
The commander in chief of the U.S. military.
Who might or might not order an attack on Venezuela based on a whim.
Who might or might not order an attack on Venezuela based on a whim.
Wish more members of Congress had this sort of courage.
I wanted to share probably the most important sermon I’ve given and it’s while I’m being arrested. It’s torture pure and simple what happens at #Broadview. I’m ok, though I was thrown to the ground and choked with my pectoral cross. A review of the video shows I was peaceful - did I deserve this?
November 16, 2025 at 12:01 AM
Wish more members of Congress had this sort of courage.
The assault on the rule of law continues.
Four months ago, Bondi's DOJ declared that Epstein files warranted no further investigation. But it took Bondi four hours to open an investigation anyway once Trump demanded--and only into Democrats @ericalgj.bsky.social @glennthrush.bsky.social @alanfeuer.bsky.social www.nytimes.com/2025/11/14/u...
Justice Department to Investigate Epstein Ties, but Not to Trump
www.nytimes.com
November 15, 2025 at 11:50 PM
The assault on the rule of law continues.
Occasional reminder that not only is the use of force illegal in this situation, so is the *threat* of the use of force.
The country's largest aircraft carrier is expected to join thousands of service members in the northern Caribbean Sunday. But it's unclear if President Trump will use military force. n.pr/47XHvV3
U.S. official says the 'table is being set' for possible military action against Venezuela
The country's largest aircraft carrier is expected to join thousands of service members in the northern Caribbean Sunday. But it's unclear if President Trump will use military force.
n.pr
November 15, 2025 at 8:43 PM
Occasional reminder that not only is the use of force illegal in this situation, so is the *threat* of the use of force.
I love how DOJ pushes back in this article by citing to what the still undisclosed memo supposedly says.
Simply releasing the document itself could really clarify what the administration’s legal rationale is.
Simply releasing the document itself could really clarify what the administration’s legal rationale is.
Glad to speak with @alexward.bsky.social about the license to kill that the Department of Justice furnished the Trump administration.
www.wsj.com/politics/nat...
www.wsj.com/politics/nat...
Exclusive | Secret U.S. Memo Authorizing Drug-Boat Strikes Cites Chemical Weapon Threat
The brief outlines the Trump administration’s legal case for military action against alleged drug-carrying boats in the Caribbean and Pacific.
www.wsj.com
November 15, 2025 at 8:33 PM
I love how DOJ pushes back in this article by citing to what the still undisclosed memo supposedly says.
Simply releasing the document itself could really clarify what the administration’s legal rationale is.
Simply releasing the document itself could really clarify what the administration’s legal rationale is.
Reposted by Brian Finucane
Glad to speak with @alexward.bsky.social about the license to kill that the Department of Justice furnished the Trump administration.
www.wsj.com/politics/nat...
www.wsj.com/politics/nat...
Exclusive | Secret U.S. Memo Authorizing Drug-Boat Strikes Cites Chemical Weapon Threat
The brief outlines the Trump administration’s legal case for military action against alleged drug-carrying boats in the Caribbean and Pacific.
www.wsj.com
November 14, 2025 at 8:43 PM
Glad to speak with @alexward.bsky.social about the license to kill that the Department of Justice furnished the Trump administration.
www.wsj.com/politics/nat...
www.wsj.com/politics/nat...
I don't think bombing Venezuela will earn a congratulatory call from Oslo.
November 15, 2025 at 4:49 PM
I don't think bombing Venezuela will earn a congratulatory call from Oslo.
There are reasons the U.S. Constitution doesn’t leave decisions over the use of military force to the whims of one man.
www.cbsnews.com/news/trump-v...
www.cbsnews.com/news/trump-v...
Trump says he's "sort of" made up his mind on Venezuela after top officials spent 3rd day mulling options
The president told reporters Friday evening he's "sort of" made up his mind about his next steps in Venezuela, which his administration blames for narco trafficking.
www.cbsnews.com
November 15, 2025 at 4:19 PM
There are reasons the U.S. Constitution doesn’t leave decisions over the use of military force to the whims of one man.
www.cbsnews.com/news/trump-v...
www.cbsnews.com/news/trump-v...
Reposted by Brian Finucane
It’s the post 9-11 torture memos redux - except with those unpunished outrages as the baseline from which they now escalate to the next level of bogusly “justified” lawlessness.
The memo purportedly justifying these murders also contains a lengthy section that lays out arguments defending the actions of those carrying out the strikes. In short, it *preemptively* defends them from potential prosecution later.
Experts say this is unusual. 2/
newrepublic.com/article/2032...
Experts say this is unusual. 2/
newrepublic.com/article/2032...
November 15, 2025 at 2:12 PM
It’s the post 9-11 torture memos redux - except with those unpunished outrages as the baseline from which they now escalate to the next level of bogusly “justified” lawlessness.