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...
Reposted by Brian Finucane
@nycbarassociation.bsky.social condemns the illegal use of force in Venezuela and calls on Congress to fulfill its constitutional duties.
Congress Must Act to Halt the President’s Violations of U.S. And International Law in Venezuela. Read the City Bar's statement here: bit.ly/4jrLChb
Congress Must Act to Halt the President’s Violations of U.S. And International Law in Venezuela | New York City Bar Association
New York City Bar Association Statement The New York City Bar Association condemns, in the strongest possible terms, the blatantly […]
bit.ly
January 6, 2026 at 3:08 AM
@nycbarassociation.bsky.social condemns the illegal use of force in Venezuela and calls on Congress to fulfill its constitutional duties.
Reposted by Brian Finucane
From March:
“In short, the United States behaving as a predatory hegemon unconstrained by the UN Charter and threatening other states with territorial conquest may spur more countries to acquire their own atomic insurance policies.”
www.justsecurity.org/109537/upend...
“In short, the United States behaving as a predatory hegemon unconstrained by the UN Charter and threatening other states with territorial conquest may spur more countries to acquire their own atomic insurance policies.”
www.justsecurity.org/109537/upend...
Upending the International Order
Through both word and deed, President Trump has been aggressively undermining the rule of law internationally.
www.justsecurity.org
January 4, 2026 at 3:19 AM
From March:
“In short, the United States behaving as a predatory hegemon unconstrained by the UN Charter and threatening other states with territorial conquest may spur more countries to acquire their own atomic insurance policies.”
www.justsecurity.org/109537/upend...
“In short, the United States behaving as a predatory hegemon unconstrained by the UN Charter and threatening other states with territorial conquest may spur more countries to acquire their own atomic insurance policies.”
www.justsecurity.org/109537/upend...
Maintaining an international legal order that advances US national interests is apparently woke and DEI.
Own the libs by burning down the US-built international order.
Own the libs by burning down the US-built international order.
It’s genuinely wild that the United States spent decades building an elaborate rules-based international order which de facto cemented its permanent status as the dominant global hegemon, sustained by ideology rather than might, and now is just blowing it all up for literally no reason
January 6, 2026 at 3:03 AM
Maintaining an international legal order that advances US national interests is apparently woke and DEI.
Own the libs by burning down the US-built international order.
Own the libs by burning down the US-built international order.
Not going to link to them, but hoo boy are the editorials in the WSJ and WaPo on int'l law and the US attack on Venezuela embarrassingly bad.
January 6, 2026 at 2:59 AM
Not going to link to them, but hoo boy are the editorials in the WSJ and WaPo on int'l law and the US attack on Venezuela embarrassingly bad.
Pleased to speak with @theintercept.com and be quoted alongside @hbrandon-smith.bsky.social.
"The U.S. did go to war with Venezuela. Just because you drag along a couple DEA agents doesn’t transform this...into a law enforcement operation.”
theintercept.com/2026/01/05/c...
"The U.S. did go to war with Venezuela. Just because you drag along a couple DEA agents doesn’t transform this...into a law enforcement operation.”
theintercept.com/2026/01/05/c...
How Congress Blew All Their Chances to Stop Trump’s War With Venezuela
Republicans who stood in the way of four chances to pass a War Powers resolution on Venezuela now say Marco Rubio lied to them.
theintercept.com
January 6, 2026 at 2:07 AM
Pleased to speak with @theintercept.com and be quoted alongside @hbrandon-smith.bsky.social.
"The U.S. did go to war with Venezuela. Just because you drag along a couple DEA agents doesn’t transform this...into a law enforcement operation.”
theintercept.com/2026/01/05/c...
"The U.S. did go to war with Venezuela. Just because you drag along a couple DEA agents doesn’t transform this...into a law enforcement operation.”
theintercept.com/2026/01/05/c...
Pleased to speak to the BBC this evening about the damaging and destabilizing nature of the illegal US invasion of Venezuela AND the illegal US threats of the use of force—including against a NATO ally.
January 6, 2026 at 1:37 AM
Pleased to speak to the BBC this evening about the damaging and destabilizing nature of the illegal US invasion of Venezuela AND the illegal US threats of the use of force—including against a NATO ally.
White House has filed its War Powers report for the attack on Venezuela.
I used to help draft these reports and this is an unusual specimen.
It promotes a number of political narratives, including about the attack being a "law enforcement operation" and framing Maduro as a "narco-terrorist." 1/n
I used to help draft these reports and this is an unusual specimen.
It promotes a number of political narratives, including about the attack being a "law enforcement operation" and framing Maduro as a "narco-terrorist." 1/n
January 6, 2026 at 1:21 AM
White House has filed its War Powers report for the attack on Venezuela.
I used to help draft these reports and this is an unusual specimen.
It promotes a number of political narratives, including about the attack being a "law enforcement operation" and framing Maduro as a "narco-terrorist." 1/n
I used to help draft these reports and this is an unusual specimen.
It promotes a number of political narratives, including about the attack being a "law enforcement operation" and framing Maduro as a "narco-terrorist." 1/n
The epitome of the Article I Crisis
Johnson, Thune say Venezuela operation didn't require prior authorization
Johnson, Thune say Venezuela operation didn't require prior authorization
Senate Majority Leader John Thune (R-S.D.) and House Speaker Mike Johnson (R-La.) defended the Trump administration Monday for not consulting Congress ahead of its operation to capture Venezuelan leader Nicolás Maduro. The administration notified the “Gang of Eight” — which includes Thune, Johnson, Senate Minority Leader Chuck Schumer (D-N.Y.), House Minority Leader Hakeem Jeffries (D-N.Y.)...
thehill.com
January 6, 2026 at 12:21 AM
The epitome of the Article I Crisis
"The retreat calls into greater question the legitimacy of the Trump administration’s designation of Cartel de los Soles as a foreign terrorist organization last year."
Almost like this whole narco-terrorism narrative is a tad shaky.
www.nytimes.com/2026/01/05/u...
Almost like this whole narco-terrorism narrative is a tad shaky.
www.nytimes.com/2026/01/05/u...
Justice Dept. Drops Claim That Venezuela’s ‘Cartel de los Soles’ Is an Actual Group
www.nytimes.com
January 6, 2026 at 12:20 AM
"The retreat calls into greater question the legitimacy of the Trump administration’s designation of Cartel de los Soles as a foreign terrorist organization last year."
Almost like this whole narco-terrorism narrative is a tad shaky.
www.nytimes.com/2026/01/05/u...
Almost like this whole narco-terrorism narrative is a tad shaky.
www.nytimes.com/2026/01/05/u...
Not at war with the country the U.S. just bombed and whose leader the U.S. just abducted.
But at war with alleged drug smugglers in boats.
Got it.
One of these is a real war and one is a make believe war.
www.nbcnews.com/politics/don...
But at war with alleged drug smugglers in boats.
Got it.
One of these is a real war and one is a make believe war.
www.nbcnews.com/politics/don...
Trump says the U.S. is not at war with Venezuela
In an exclusive interview with NBC News, Trump discussed the path forward in Venezuela, including when there will be elections, the opportunities for oil companies and Congress' role.
www.nbcnews.com
January 5, 2026 at 11:23 PM
Not at war with the country the U.S. just bombed and whose leader the U.S. just abducted.
But at war with alleged drug smugglers in boats.
Got it.
One of these is a real war and one is a make believe war.
www.nbcnews.com/politics/don...
But at war with alleged drug smugglers in boats.
Got it.
One of these is a real war and one is a make believe war.
www.nbcnews.com/politics/don...
At the UNSC today, the USG did not present any serious argument that the US invasion of Venezuela complied with the UN Charter.
Instead, it contended the attack was a "law enforcement operation."
All of which suggests that the administration is indeed relying upon this 1989 "override" OLC opinion.
Instead, it contended the attack was a "law enforcement operation."
All of which suggests that the administration is indeed relying upon this 1989 "override" OLC opinion.
Expect someone in the administration may have dusted off this 1989 OLC opinion.
www.justice.gov/olc/opinion/...
www.justice.gov/olc/opinion/...
Authority of the Federal Bureau of Investigation to Override International Law in Extraterritorial Law Enforcement Activities
www.justice.gov
January 5, 2026 at 10:15 PM
At the UNSC today, the USG did not present any serious argument that the US invasion of Venezuela complied with the UN Charter.
Instead, it contended the attack was a "law enforcement operation."
All of which suggests that the administration is indeed relying upon this 1989 "override" OLC opinion.
Instead, it contended the attack was a "law enforcement operation."
All of which suggests that the administration is indeed relying upon this 1989 "override" OLC opinion.
The Article I Crisis
This is just sickening. Back when people were saying "Primary every Democrat," we should have stuck with that
January 5, 2026 at 9:43 PM
The Article I Crisis
Pleased to speak with the BBC about the US attack on Venezuela.
January 5, 2026 at 7:23 PM
Pleased to speak with the BBC about the US attack on Venezuela.
Pleased to speak with @axios.com about the US attack on VZ.
"There may have been some DEA agents tagging along for the ride, but that doesn't change the fundamental fact that it's a use of force under international law, and ... it implicates Congress' war powers."
www.axios.com/2026/01/05/r...
"There may have been some DEA agents tagging along for the ride, but that doesn't change the fundamental fact that it's a use of force under international law, and ... it implicates Congress' war powers."
www.axios.com/2026/01/05/r...
Is the U.S. at war with Venezuela? Here's why the distinction matters so much
There are currently no U.S. boots on the ground in Venezuela.
www.axios.com
January 5, 2026 at 6:44 PM
Pleased to speak with @axios.com about the US attack on VZ.
"There may have been some DEA agents tagging along for the ride, but that doesn't change the fundamental fact that it's a use of force under international law, and ... it implicates Congress' war powers."
www.axios.com/2026/01/05/r...
"There may have been some DEA agents tagging along for the ride, but that doesn't change the fundamental fact that it's a use of force under international law, and ... it implicates Congress' war powers."
www.axios.com/2026/01/05/r...
Wonder if the ICRC has had access to the POW held in NYC yet.
January 5, 2026 at 6:31 PM
Wonder if the ICRC has had access to the POW held in NYC yet.
Factcheck:
The unlawful US military attack on Venezuela means the existence of an international armed conflict with Venezuela and the application of the law of war, including the protections of the Geneva Conventions.
The unlawful US military attack on Venezuela means the existence of an international armed conflict with Venezuela and the application of the law of war, including the protections of the Geneva Conventions.
U.S. Ambassador to the U.N. Michael Waltz: "There is no war against Venezuela or its people. WE are not occupying a country. This was a law enforcement operation."
U.S. Ambassador to the U.N. Michael Waltz Statement at U.N. Security Council Meeting on Venezuela
YouTube video by C-SPAN
youtu.be
January 5, 2026 at 5:43 PM
Factcheck:
The unlawful US military attack on Venezuela means the existence of an international armed conflict with Venezuela and the application of the law of war, including the protections of the Geneva Conventions.
The unlawful US military attack on Venezuela means the existence of an international armed conflict with Venezuela and the application of the law of war, including the protections of the Geneva Conventions.
Must have garbled translating "special military operation" from the original Russian.
Waltz defends Venezuela ‘law enforcement operation’ at UN
Waltz defends Venezuela ‘law enforcement operation’ at UN
U.S. Ambassador to the United Nations Mike Waltz on Monday defended the U.S. capture of Venezuelan President Nicolas Maduro as a “law enforcement operation” aimed at apprehending a drug trafficker and international terrorist. "The United States arrested a narco-trafficker who is now going to stand trial in the United States," Waltz told an emergency session...
thehill.com
January 5, 2026 at 5:40 PM
Must have garbled translating "special military operation" from the original Russian.
Looking forward to this discussion tomorrow.
It's hard to overstate the significance of this moment and what comes next so I've asked @bcfinucane.bsky.social of @crisisgroup.org to join me in conversation. Brian served as a State Department legal adviser (2011-21), focusing on law of armed conflict and counterterrorism. More info in comments.
January 5, 2026 at 3:56 PM
Looking forward to this discussion tomorrow.
Trump administration has not yet presented any formal legal justification for its military incursion into Venezuela.
What I'm looking for now is whether the administration:
1) Files an Article 51 letter with the UNSC. (USUN cited Article 51 yesterday.)
2) Files a War Powers report with Congress.
What I'm looking for now is whether the administration:
1) Files an Article 51 letter with the UNSC. (USUN cited Article 51 yesterday.)
2) Files a War Powers report with Congress.
January 5, 2026 at 3:51 PM
Trump administration has not yet presented any formal legal justification for its military incursion into Venezuela.
What I'm looking for now is whether the administration:
1) Files an Article 51 letter with the UNSC. (USUN cited Article 51 yesterday.)
2) Files a War Powers report with Congress.
What I'm looking for now is whether the administration:
1) Files an Article 51 letter with the UNSC. (USUN cited Article 51 yesterday.)
2) Files a War Powers report with Congress.
We’ll be greeted as liberators.
Fetterman on Fox & Friends: "America is a force of good, order, and democracy. And we are promoting these kinds of values. We are the good guys."
January 5, 2026 at 1:31 PM
We’ll be greeted as liberators.
And of course, if the Trump administration is relying on DOJ's 1989 opinion—which (wrongly) holds that POTUS can "override" the UN Charter—that means it has already abandoned any pretense that the decapitation raid into Venezuela was lawful self-defense.
I used to help draft the Article 51 letters for the US government.
This dog's breakfast of nonsense from USUN is just embarrassing.
The US government has no plausible self defense claim for its unlawful attack on Venezuela.
This dog's breakfast of nonsense from USUN is just embarrassing.
The US government has no plausible self defense claim for its unlawful attack on Venezuela.
January 5, 2026 at 12:56 PM
And of course, if the Trump administration is relying on DOJ's 1989 opinion—which (wrongly) holds that POTUS can "override" the UN Charter—that means it has already abandoned any pretense that the decapitation raid into Venezuela was lawful self-defense.
A "law enforcement operation" involving kidnapping.
Reporter: She called it a kidnapping of Maduro
Trump: That’s not a bad term
Trump: That’s not a bad term
January 5, 2026 at 4:08 AM
A "law enforcement operation" involving kidnapping.
Foreign policy by petty grievance and petulant envy.
WH sources say Venezuela's opposition leader committed the "ultimate sin": She accepted the Nobel Peace prize.
“If she had turned it down and said, ‘I can’t accept it because it’s Donald Trump’s,’ she’d be the president of Venezuela today,” one said.
www.washingtonpost.com/national-sec...
“If she had turned it down and said, ‘I can’t accept it because it’s Donald Trump’s,’ she’d be the president of Venezuela today,” one said.
www.washingtonpost.com/national-sec...
January 5, 2026 at 3:53 AM
Foreign policy by petty grievance and petulant envy.
An overarching takeaway from this coverage is that POTUS was not responding to repel some sudden attack on or imminent threat to the U.S., but was instead launching a war on a whim.
The Constitution gives Congress the authority over such discretionary military action.
www.wsj.com/politics/tru...
The Constitution gives Congress the authority over such discretionary military action.
www.wsj.com/politics/tru...
Trump Was Skeptical of Ousting Maduro—Until He Wasn’t
Fed up with repeated efforts to persuade Maduro to leave office, the president decided in favor of military action.
www.wsj.com
January 5, 2026 at 2:52 AM
An overarching takeaway from this coverage is that POTUS was not responding to repel some sudden attack on or imminent threat to the U.S., but was instead launching a war on a whim.
The Constitution gives Congress the authority over such discretionary military action.
www.wsj.com/politics/tru...
The Constitution gives Congress the authority over such discretionary military action.
www.wsj.com/politics/tru...
President of Peace.
I’m growing skeptical about that Nobel Prize.
I’m growing skeptical about that Nobel Prize.
Trump in a single gaggle on Air Force One just threatened:
-- a second strike against Venezuela
-- Cuba
-- Mexico
-- Colombia
-- Iran
-- Greenland (which in turn would be an attack on the EU and Denmark)
-- a second strike against Venezuela
-- Cuba
-- Mexico
-- Colombia
-- Iran
-- Greenland (which in turn would be an attack on the EU and Denmark)
January 5, 2026 at 2:06 AM
President of Peace.
I’m growing skeptical about that Nobel Prize.
I’m growing skeptical about that Nobel Prize.