gelbach
@gelbach.bsky.social
Expert provider of lay opinions.
Day job: Herman F. Selvin Professor of Law at UC Berkeley Law. Opinions my own, not intended to represent UC's.
Day job: Herman F. Selvin Professor of Law at UC Berkeley Law. Opinions my own, not intended to represent UC's.
Reposted by gelbach
See, it’s not hard to denounce this and toe it into the larger pattern of criminality.
Chris Murphy: "Clearly this is wildly illegal. This is a president who has been operating illegally since he was sworn in -- stealing from the American people, seizing spending power, now dragging America into a war overseas ... Donald Trump's entire foreign policy is corrupt."
January 4, 2026 at 4:11 PM
See, it’s not hard to denounce this and toe it into the larger pattern of criminality.
Reposted by gelbach
Every major free speech org has said the IHRA definition suppresses constitutionally protected speech. Every major human rights group has said it suppresses legitimate advocacy. The scandal is that Adams adopted the definition, not that Mamdani rejected it. www.nytimes.com/2026/01/04/n...
Inside Mamdani’s Decision to Revoke Executive Orders That Backed Israel
www.nytimes.com
January 4, 2026 at 1:31 PM
Every major free speech org has said the IHRA definition suppresses constitutionally protected speech. Every major human rights group has said it suppresses legitimate advocacy. The scandal is that Adams adopted the definition, not that Mamdani rejected it. www.nytimes.com/2026/01/04/n...
Reposted by gelbach
Last year, Trump promised American oil executives “a great deal” if they donated $1 billion to his campaign.
Today, he gave them Venezuela — home to the largest oil reserves in the world.
This new war is not only illegal and reckless; it is deeply corrupt.
Today, he gave them Venezuela — home to the largest oil reserves in the world.
This new war is not only illegal and reckless; it is deeply corrupt.
January 3, 2026 at 7:47 PM
Last year, Trump promised American oil executives “a great deal” if they donated $1 billion to his campaign.
Today, he gave them Venezuela — home to the largest oil reserves in the world.
This new war is not only illegal and reckless; it is deeply corrupt.
Today, he gave them Venezuela — home to the largest oil reserves in the world.
This new war is not only illegal and reckless; it is deeply corrupt.
Reposted by gelbach
You can read my take on Trump's illegal invasion of Venezuela here: www.newyorker.com/news/q-and-a...
The Brazen Illegality of Trump’s Venezuela Operation
A scholar of international law on the implications of the U.S. arrest of President Nicolás Maduro.
www.newyorker.com
January 3, 2026 at 11:02 PM
You can read my take on Trump's illegal invasion of Venezuela here: www.newyorker.com/news/q-and-a...
Reposted by gelbach
The next Democratic administration will have much to clean up, but the notion that US law allows the President to disregard the UN Charter's prohibition on the use of force because a thinly reasoned OLC opinion from Bill Barr in 1989 says so is preposterous. CYA memos should not have that power.
January 3, 2026 at 10:09 PM
The next Democratic administration will have much to clean up, but the notion that US law allows the President to disregard the UN Charter's prohibition on the use of force because a thinly reasoned OLC opinion from Bill Barr in 1989 says so is preposterous. CYA memos should not have that power.
another example of how the fault line in today's dem party is not left-right but capitulate-fight
Rep. Seth Moulton comes on CNN and starts by saying: "Is anyone going to just stop for a second and be honest? This is insane. What the hell are we doing? We've got a lot of problems in America today, and invading / occupying / running Venezuela does not solve any of them."
January 3, 2026 at 10:09 PM
another example of how the fault line in today's dem party is not left-right but capitulate-fight
Reposted by gelbach
Thank god Chuck Schumer isn’t alive to see this.
January 3, 2026 at 8:47 PM
Thank god Chuck Schumer isn’t alive to see this.
Reposted by gelbach
Their messaging is so fucking incoherent. Maduro was an illegitimate leader who lost in 2024, which is why we're replacing him with his VP instead of the person who won in 2024. We did this to stop fentanyl, which is why he's indicted for cocaine.
We're also occupying Venezuela via Zoom call.
We're also occupying Venezuela via Zoom call.
January 3, 2026 at 9:18 PM
Their messaging is so fucking incoherent. Maduro was an illegitimate leader who lost in 2024, which is why we're replacing him with his VP instead of the person who won in 2024. We did this to stop fentanyl, which is why he's indicted for cocaine.
We're also occupying Venezuela via Zoom call.
We're also occupying Venezuela via Zoom call.
Reposted by gelbach
For nonlawyers, it’s worth noting that statements like this have—as a formal matter—important legal effects as a matter of international law. If such statements are *not* made, and in volume, future arguments that Trump’s invasion sets a legal precedent will stand on much firmer legal ground.
Norway’s Foreign Minister Espen Barth Eide: "International law is universal and binding for all states. The American intervention in Venezuela is not in accordance with international law."
January 3, 2026 at 9:57 PM
For nonlawyers, it’s worth noting that statements like this have—as a formal matter—important legal effects as a matter of international law. If such statements are *not* made, and in volume, future arguments that Trump’s invasion sets a legal precedent will stand on much firmer legal ground.
Reposted by gelbach
Venezuela hasn’t paid the billions tribunals have awarded to oil companies whose concessions were expropriated by Hugo Chavez in the Noughties.
My field of investor-state arbitration is accused of being anti-sovereignty. But invasion isn’t a proper means of judgment enforcement even in our world.
My field of investor-state arbitration is accused of being anti-sovereignty. But invasion isn’t a proper means of judgment enforcement even in our world.
December 17, 2025 at 10:24 PM
Venezuela hasn’t paid the billions tribunals have awarded to oil companies whose concessions were expropriated by Hugo Chavez in the Noughties.
My field of investor-state arbitration is accused of being anti-sovereignty. But invasion isn’t a proper means of judgment enforcement even in our world.
My field of investor-state arbitration is accused of being anti-sovereignty. But invasion isn’t a proper means of judgment enforcement even in our world.
Reposted by gelbach
Chuck Schumer and Hakeem Jeffries are so pathetically out of their depth
January 3, 2026 at 6:39 PM
Chuck Schumer and Hakeem Jeffries are so pathetically out of their depth
Reposted by gelbach
lol Schumer's response is literally to say this is a distraction from grocery prices. Beyond parody man.
Senate Minority Leader @schumer.senate.gov out with a statement condemning Maduro and demanding that…Congress be briefed:
January 3, 2026 at 6:37 PM
lol Schumer's response is literally to say this is a distraction from grocery prices. Beyond parody man.
Reposted by gelbach
When @sanders.senate.gov points out that this attack "recalls the darkest chapters of U.S. interventions in Latin America, which have left a terrible legacy," he is talking about a huge, central focus of American foreign policy that most Americans never learn about in school, to our detriment.
NEWS: Statement of Sen. Bernie Sanders on Venezuela » Senator Bernie Sanders
WASHINGTON, Jan. 3 – Sen. Bernie Sanders (I-Vt.) on Saturday condemned President Donald Trump’s unilateral military action against Venezuela as illegal and unconstitutional, warning that it violates i...
www.sanders.senate.gov
January 3, 2026 at 6:27 PM
When @sanders.senate.gov points out that this attack "recalls the darkest chapters of U.S. interventions in Latin America, which have left a terrible legacy," he is talking about a huge, central focus of American foreign policy that most Americans never learn about in school, to our detriment.
Reposted by gelbach
this is the cartoon version of American imperialism - we’re going and kidnapping foreign leaders because we want the oil and saying that out loud on the television - and if you can’t just flat out oppose that without qualifications get out of the way
January 3, 2026 at 6:19 PM
this is the cartoon version of American imperialism - we’re going and kidnapping foreign leaders because we want the oil and saying that out loud on the television - and if you can’t just flat out oppose that without qualifications get out of the way
Reposted by gelbach
… Elizabeth Warren official statement: “… unconstitutional and threatens to drag the U.S. into further conflicts in the region….”
January 3, 2026 at 6:14 PM
… Elizabeth Warren official statement: “… unconstitutional and threatens to drag the U.S. into further conflicts in the region….”
Reposted by gelbach
Mark Kelly puts out a statement saying "The President of the United States just overthrew a foreign ruler and explained to the American people that this is about taking control of the oil reserves of a foreign nation." This is probably the strongest statement alongside Gallego's I've read.
January 3, 2026 at 6:16 PM
Mark Kelly puts out a statement saying "The President of the United States just overthrew a foreign ruler and explained to the American people that this is about taking control of the oil reserves of a foreign nation." This is probably the strongest statement alongside Gallego's I've read.
Reposted by gelbach
A college sophomore at an Occupy rally could not have generated such a grotesque outsized caricature of US imperialism
Trump: "We're going to have our very large United States oil companies go in, spend billions of dollars, fix the badly broken infrastructure and start making money for the country. And we are ready to stage a second and much larger attack if we need to do so."
January 3, 2026 at 5:20 PM
A college sophomore at an Occupy rally could not have generated such a grotesque outsized caricature of US imperialism
Reposted by gelbach
I don’t love you and I’m not holding your hand: call your Senator and tell them that the must shut down the government on January 30th until this ends, a thing that Democrats have the hard power to do at this very moment.
I love you all and am holding your hand as I say this:
Dems wield zero hard power levers
Dems wield zero hard power levers
it's kind of crazy that there's even any question that democrats are going to do anything about this
January 3, 2026 at 5:39 PM
I don’t love you and I’m not holding your hand: call your Senator and tell them that the must shut down the government on January 30th until this ends, a thing that Democrats have the hard power to do at this very moment.
I just think she should’ve been more specific about which countries she was planning to invade
January 3, 2026 at 6:18 PM
I just think she should’ve been more specific about which countries she was planning to invade
@paleofuture.bsky.social see this isn’t strongly worded at all, so unambiguously I think it belongs in my category 4
January 3, 2026 at 6:14 PM
@paleofuture.bsky.social see this isn’t strongly worded at all, so unambiguously I think it belongs in my category 4
Reposted by gelbach
Who are the Venezuela experts (who post in English) on here?
January 3, 2026 at 4:13 PM
Who are the Venezuela experts (who post in English) on here?
Reposted by gelbach
Best thing I’ve read this morning, from a human rights lawyer in Mexico. Translation is in the ALT-text.
January 3, 2026 at 2:16 PM
Best thing I’ve read this morning, from a human rights lawyer in Mexico. Translation is in the ALT-text.
Reposted by gelbach
It’s a good thing Congress isn’t alive to see this
June 22, 2025 at 12:47 AM
It’s a good thing Congress isn’t alive to see this
Reposted by gelbach
It’s hard to keep track of the political whiplash but Trump has ousted a president who denied the results of a fair election and stayed in power.
On Tues, it’s 5 yrs since 1/6, the culmination of Trump’s effort to remain in power despite losing the election.
www.reuters.com/world/americ...
On Tues, it’s 5 yrs since 1/6, the culmination of Trump’s effort to remain in power despite losing the election.
www.reuters.com/world/americ...
January 3, 2026 at 3:07 PM
It’s hard to keep track of the political whiplash but Trump has ousted a president who denied the results of a fair election and stayed in power.
On Tues, it’s 5 yrs since 1/6, the culmination of Trump’s effort to remain in power despite losing the election.
www.reuters.com/world/americ...
On Tues, it’s 5 yrs since 1/6, the culmination of Trump’s effort to remain in power despite losing the election.
www.reuters.com/world/americ...
This Time Is Different
A deluge of work on regime change after the 2003 invasion of Iraq yielded strong (and rare) agreement in IR: it doesn't work & has terrible consequences. @profdownes.bsky.social's book Catastrophic Success lays it out, but it's right there in the title. www.cornellpress.cornell.edu/book/9781501...
January 3, 2026 at 3:07 PM
This Time Is Different