Ryan Goodman
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rgoodlaw.bsky.social
Ryan Goodman
@rgoodlaw.bsky.social

https://www.youtube.com/@RGoodLaw

Co-editor-in-chief @justsecurity.org. Chaired Prof at NYU Law. Former Chaired Prof Harvard. Former Special Counsel Defense Dept.

https://www.justsecurity.org/author/goodmanryan

Ryan Goodman is an American legal scholar who is the Anne and Joel Ehrenkranz Professor of Law at NYU School of Law and is the founding co-editor-in-chief of its website Just Security, which focuses on U.S. national security law and policy. Goodman joined the NYU faculty in 2009. .. more

Political science 68%
Sociology 13%

Something smells very fishy in this DOJ action:

What do actions of Brennan, Strzok and Page who left office several years before MAL search have to do with the southern district of Florida?

Likely takes a bogus omnibus-conspiracy theory to get there, as this report indicates.
Feds move to subpoena former CIA director and others who investigated Russian interference in Trump’s 2016 campaign | CNN Politics
Prosecutors in Florida moved to issue subpoenas to former CIA Director John Brennan and other former officials as the Justice Department investigates the federal government’s counterintelligence inves...
www.cnn.com

7/ The Trump DOJ's argument on the War Powers law was reported over the weekend by:

WaPo: @ellenwapo.bsky.social and Noah Robertson
www.washingtonpost.com/national-sec...

NYT: @charliesavage.bsky.social and @julianbarnes.bsky.social
www.nytimes.com/2025/11/01/u...
War Powers Law Does Not Apply to Trump’s Boat Strikes, Administration Says
www.nytimes.com

6/ As NYT points out, even Obama's head of Department of Justice's Office of Legal Counsel and his DoD General Counsel rejected the theory.

NYT report from 2011:
www.nytimes.com/2011/06/18/w...

Great book on 2011 episode: @charliesavage.bsky.social's Power Wars
charliesavage.com/books/power-...
2 Top Lawyers Lost to Obama in Libya War Policy Debate (Published 2011)
www.nytimes.com

5/ The Just Security article at the top of this thread is by the great expert on this topic, @bcfinucane.bsky.social, who handled war powers reporting for the State Department under Obama and Trump 1.0.

www.justsecurity.org/123844/war-p...
Dissecting the Trump Administration’s Effort to Circumvent the War Powers Resolution for Boat Strikes
Analysis of Trump administration's claim that War Powers Resolution's regulating US troops in "hostilities" does not apply to boat strikes.
www.justsecurity.org

4/ Standing by principle, Senator Rand Paul is now working to pass bipartisan war powers legislation on the boat strikes that is consistent with the Constitution and that seeks to preserve Congress' core interests in war-making.

time.com/7329015/trum...
time.com

3/ In 2011, those in Congress who flat rejected the Obama (now Obama-Trump) theory of "hostilities" on the War Powers Resolution included:

Rand Paul
Mike Lee
Ron Johnson
John Cornyn
Bill Cassidy
Shelley Capito
Tim Scott

Kristi Noem

2/ In 2011 Libya operation, Obama tried the same theory as part of a four-factor test. Trump does not even have three of those four factors.

On the fourth one, which Obama tried (and now Trump does) there was very strong bipartisan pushback including from ...

Kristi Noem...

Reposted by David R. Miller

Today, Trump-Hegseth run out of time on War Powers Resolution and boat strikes.

DOJ has come up with a theory why the law does not apply.

It's wrong, and per this article, several GOP Senators and a Trump cabinet member flat rejected that theory when Obama tried it in 2011.

🧵 1/
Dissecting the Trump Administration’s Effort to Circumvent the War Powers Resolution for Boat Strikes
Analysis of Trump administration's claim that War Powers Resolution's regulating US troops in "hostilities" does not apply to boat strikes.
www.justsecurity.org

District court in Oregon v Trump moves to preliminary injunction following trial. Blocks Hegseth's deploying members of the National Guard in Oregon.

Will issue final order by Friday, Nov. 7.

storage.courtlistener.com/recap/gov.us...
#134 in State of Oregon v. Trump (D. Or., 3:25-cv-01756) – CourtListener.com
OPINION AND ORDER: Pending this Court's issuance of a final opinion and order resolving Plaintiffs' request for a permanent injunction by November 7, 2025, at 5 p.m. PT, Defendant Secretary Hegseth is...
storage.courtlistener.com

2/ As we discuss, also keep a lookout for new bipartisan legislation:

Rand Paul: Senate Will Get Another Chance to Limit Trump’s Venezuela Strikes
Senate to Get 2nd Chance to Limit Trump’s Venezuela Strikes
Rand Paul tells TIME he is working with Democrats to force a vote on a resolution to block Trump's Venezuela strikes as early as next week
time.com

On Monday, U.S. military strikes on boats become congressionally prohibited under War Powers Resolution.

A clip of my conversation with @billkristolbulwark.bsky.social @thebulwark.com below.⤵️ Explaining why Monday is a new frontier.

Full video: www.youtube.com/live/lUeaFCu...

youtu.be/VY4qvIVnYpA
Monday: Boat Strikes Become Congressionally Prohibited
YouTube video by Ryan Goodman
youtu.be

At 12pm ET:

I'll be discussing congressional oversight and U.S. military operations against drug cartels with @billkristolbulwark.bsky.social @thebulwark.com.

Plus National Guard litigation across the country.

Livestream:
youtube.com/live/lUeaFCu...
Trump Rejects All Oversight on Venezuela War. What's Next? (w/ Ryan Goodman)
YouTube video by The Bulwark
youtube.com

(1) As Brian points out, the Trump administration is invoking the discredited Obama-era rationale for trying to avoid the War Powers Resolution in Libya.

(2) Discredited by many across the aisle including this letter to Pres. Obama by Senators Mike Lee, Jon Cornyn, Ron Johnson, Rand Paul, etc⬇️

No way around this: On Monday, November 3, the Trump administration's lethal military operations against suspected drug cartels will be prohibited by Congress.

Recommended reading:

This new Expert Backgrounder which discusses the history and scope of the War Powers Resolution 60-Day Clock.
Expert Backgrounder on War Powers Resolution 60-Day Clock for Boat Strikes Expiring Monday
Expert backgrounder on how War Powers Resolution works in application to U.S. military operations against suspected drug cartels.
www.justsecurity.org

"Ms. Jacobs said Pentagon officials said they needed to prove only that the targeted people were connected to designated terrorist organizations, even if the connection is 'as much as THREE HOPS AWAY FROM A KNOWN MEMBER' of a designated terrorist organization."

www.nytimes.com/2025/10/30/u...
Democrats Condemn Trump Administration for Secrecy on Boat Strikes
www.nytimes.com

2/ "Military legal experts had been scheduled to testify in a closed-door bipartisan briefing for the House. But the Trump administration decided not to send them."

www.nytimes.com/2025/10/30/u...
www.nytimes.com

A telling absence:

"On the House side, the administration briefed both Republicans and Democrats on Thursday from the House Armed Services Committee, although lawyers were not on hand to discuss the legal rationale."

abcnews.go.com/Politics/tru...
Trump administration gave GOP senators secret details about strikes on alleged drug boats, leaving Dems on outs
The Trump administration gave Republicans a legal rationale and secret target list on its military campaign against drug cartels in the Caribbean, icing out Democrats.
abcnews.go.com

Reposted by Rosemary A. Joyce

This literally makes no sense:

"The administration says it is relying on the same legal authority used by the Bush administration when it declared a war on terrorism after the Sept. 11, 2001, attacks."

And the reporting doesn't question it.

www.washingtonpost.com/politics/202...
Top Intel Democrat rips Trump administration over exclusion from boat strike briefing
A briefing held only for Republicans in Congress on U.S. military strikes is drawing a fierce rebuke from a key Democrat
www.washingtonpost.com

"Drug gang and regime infrastructure likely to be attacked if Trump decides to pursue military action"

"There is no evidence Venezuela produces or traffics fentanyl, experts say."

www.wsj.com/world/americ...
U.S. Eyes Striking Venezuelan Military Targets Used for Drug Trafficking
If President Trump decides to move forward with airstrikes, the targets would send a clear message to Venezuelan leader Nicolás Maduro that it is time to step down, according to U.S. officials.
www.wsj.com

2/ I coauthored with @mikeschmitt.bsky.social and Anna Jimenez.

Note we also write: "Even the DOJ appears to have once understood that the two propositions are contradictory."

www.justsecurity.org/123360/presi...
Irreconcilable Presidential Determinations on TdA and Venezuela
The two characterizations are mutually exclusive; it is legally impossible to maintain both simultaneously.
www.justsecurity.org

I teamed up to write how:

The Trump administration has provided two - completely irreconcilable - determinations on status of Tren de Aragua and Venezuela regime.

Makes it impossible for judges to defer to 'presidential determination' on Alien Enemies Act. Confounds law and policy.
Irreconcilable Presidential Determinations on TdA and Venezuela
The two characterizations are mutually exclusive; it is legally impossible to maintain both simultaneously.
www.justsecurity.org

🚨Oregon v Trump National Guard case.

Ninth Circuit vacates panel decision. 11 judge-panel will now rehear the case.

Judge Graber in dissent said last week: “Above all, I ask those who are watching this case unfold to retain faith in our judicial system for just a little longer.”

"It's disheartening to be forced to go against your community members and your neighbors."

"It feels illegal. This is not what we signed up to do."

- Staff Sgt. Demi Palecek

2 Illinois National Guard members speak out: "I won't turn against my neighbors"
2 Illinois National Guard members speak out: "I won't turn against my neighbors"
Staff Sgt. Demi Palecek and Capt. Dylan Blaha say they'll defy federal orders regarding Trump's immigration enforcement operation in Chicago.
www.cbsnews.com

3/ "Lawyers at the NSC, State Department, Justice Department and the Pentagon earlier this year questioned the legal basis for military strikes on cartels without authorization from Congress, and for a while were able to forestall action, according to several people familiar with the matter."

2/ "Career military and civilian lawyers in the Defense Department and lawyers at other agencies who might otherwise be involved in the deliberations have left government or been excluded from the discussions."
Boat strikes put US service members in legal jeopardy:

"Some junior officers have asked military lawyers, known as judge advocates general or JAGs, for written sign-off before taking part in strikes .... It does not appear that such memos were furnished, said one of the people."
Top Democrats demand details of spy agencies’ role in boat strikes
Democrats are demanding that Director of National Intelligence Tulsi Gabbard share intelligence on lethal operations against alleged narcotics traffickers.
www.washingtonpost.com

A simple truth and a lot rides on it:

"While the Constitution grants Article II authorities to the executive branch to defend against imminent threats, Congress alone is entrusted with decisions of war and peace."

- Senator Todd Young (R-IN) Statement on Caribbean War Powers Resolution
Young Statement on Caribbean War Powers Resolution - Senator Young
WASHINGTON – U.S. Senator Todd Young (R-Ind.) released the following statement regarding tonight’s Senate vote on the Caribbean War Powers Resolution: “This so-called Caribbean war powers resolution, ...
www.young.senate.gov

2/ DoD General Counsel's attempted legal justification not working:

"Senators from both parties who attended expressed frustration and concern about that rationale, and urged the administration to articulate a stronger legal case. But Mr. Matthews refused to provide a written justification."

Good to see. This shouldn't be a partisan issue.

"A growing number of Republicans on Capitol Hill has raised concerns about President Trump’s expanding war against drug cartels carried out without consultation or authorization by Congress."

www.nytimes.com/2025/10/24/u...
Republicans Who Have Rarely Opposed Trump Raise Questions About His Drug War
www.nytimes.com

What's happening in the courts

Judge McElroy (Trump appointee):

“Blatant disregard” of court’s order

Judge Gallagher (Trump):

“No attempt to offer any justification for their blatant lack of effort to comply”

Judge Lamberth (Reagan):

“More than support a trial on civil contempt”
ryangoodmanlaw on Instagram: "I spoke with 60 Minutes about our study on all civil lawsuits involving the Trump administration. The full study is here @justsecur…"
I spoke with 60 Minutes about our study on all civil lawsuits involving the Trump administration. The full study is here @justsecurityforum https://www.justsecurity.org/120547/presumption-regularity-trump-administration-litigation/
www.instagram.com