Peggy McGuinness
@peggymcguinness.bsky.social
Professor, St. John's University School of Law, Co-Director, Center for Int'l and Comp. Law| Law and Diplomacy | US Human Rights Diplomacy | International Law | Human Rights |Chair, NYC Bar Council on Int'l Affairs.
Reposted by Peggy McGuinness
Delighted that @malcyjorgy.bsky.social and @ramseswessel.bsky.social wound up in the same time zone at the same time so we could talk law and diplomacy over a great meal!
Proof of concept in New York🗽, with all three editors of the forthcoming “Elgar Encyclopedia of Law and Diplomacy” finally in the same city at the same time @elgarpublishing.bsky.social—with @peggymcguinness.bsky.social and @ramseswessel.bsky.social
November 20, 2025 at 3:35 AM
Delighted that @malcyjorgy.bsky.social and @ramseswessel.bsky.social wound up in the same time zone at the same time so we could talk law and diplomacy over a great meal!
Reposted by Peggy McGuinness
Fourteen years later, I *still* think one of the best ways for us to repudiate Cheney's legacy of torture would be to recognize and honor the courageous soldiers and public servants who exposed the torture policies and tried to end them. www.nytimes.com/2011/04/28/o...
November 4, 2025 at 6:21 PM
Fourteen years later, I *still* think one of the best ways for us to repudiate Cheney's legacy of torture would be to recognize and honor the courageous soldiers and public servants who exposed the torture policies and tried to end them. www.nytimes.com/2011/04/28/o...
Reposted by Peggy McGuinness
Summer legal internships at @knightcolumbia.org. Send us the best people! knightcolumbia.org/page/summer-...
| Knight First Amendment Institute
knightcolumbia.org
October 31, 2025 at 6:25 PM
Summer legal internships at @knightcolumbia.org. Send us the best people! knightcolumbia.org/page/summer-...
Reposted by Peggy McGuinness
This message from @schiff.senate.gov is well done and well worth watching.
The largest war ship in the world has been moved to the Caribbean, along with other ships, bombers, amphibious vehicles and more.
That’s a lot of firepower to stop small vessels carrying drugs.
It looks a lot more like preparation for war.
Congress needs to get involved before it’s too late.
That’s a lot of firepower to stop small vessels carrying drugs.
It looks a lot more like preparation for war.
Congress needs to get involved before it’s too late.
October 31, 2025 at 2:51 AM
This message from @schiff.senate.gov is well done and well worth watching.
Six Degrees of Separation, but for the Jus Ad Bellum.
This three-hops theory is especially insane. Even if you assume each person is connected to only 100 other people, there are 1m people within three hops of every suspected drug trafficker—and remember that even *known* drug traffickers aren’t legitimate targets. www.nytimes.com/2025/10/30/u...
October 31, 2025 at 3:21 PM
Six Degrees of Separation, but for the Jus Ad Bellum.
Reposted by Peggy McGuinness
I wrote about Trump’s missile strikes in the Caribbean and Pacific, and about the secret Justice Department opinion that underwrites them. www.nytimes.com/2025/10/23/o...
Opinion | The Secretive Office Approving Trump’s Boat Strikes
www.nytimes.com
October 23, 2025 at 10:26 AM
I wrote about Trump’s missile strikes in the Caribbean and Pacific, and about the secret Justice Department opinion that underwrites them. www.nytimes.com/2025/10/23/o...
Reposted by Peggy McGuinness
HASC Ranking Smith:
"The orders to blow up those six boats, in my view and in the views of most legal scholars, are absolutely illegal. It is an extrajudicial killing. There is no possible Article II justification for that, and there has been no congressional authorization for the use of force."
"The orders to blow up those six boats, in my view and in the views of most legal scholars, are absolutely illegal. It is an extrajudicial killing. There is no possible Article II justification for that, and there has been no congressional authorization for the use of force."
News on Trump boat bombings --> Now that SouthCom Commander Alvin Holsey has resigned, likely over the bombings, ranking Armed Services Dem Adam Smith tells me committee Ds will demand Holsey's sworn testimony and press Rs to join them.
Smith spoke to us on the pod:
newrepublic.com/article/2019...
Smith spoke to us on the pod:
newrepublic.com/article/2019...
Trump Boat Bombings Take Darker Turn as Top Official Suddenly Resigns
As the head of the military’s Southern Command steps down, Adam Smith, the top Armed Services Committee Democrat, sheds new light on the departure—and on Trump’s appalling secrecy about the bombings.
newrepublic.com
October 17, 2025 at 12:55 PM
HASC Ranking Smith:
"The orders to blow up those six boats, in my view and in the views of most legal scholars, are absolutely illegal. It is an extrajudicial killing. There is no possible Article II justification for that, and there has been no congressional authorization for the use of force."
"The orders to blow up those six boats, in my view and in the views of most legal scholars, are absolutely illegal. It is an extrajudicial killing. There is no possible Article II justification for that, and there has been no congressional authorization for the use of force."
Reposted by Peggy McGuinness
Questions:
--Are the survivors actually being detained?
--If so, military detention or law enforcement detention by USCG?
If military detention, no AUMF as legal authority, so bare Article II seems only theory. A problem I flagged when I was first made aware of this scheme to attack boats.
--Are the survivors actually being detained?
--If so, military detention or law enforcement detention by USCG?
If military detention, no AUMF as legal authority, so bare Article II seems only theory. A problem I flagged when I was first made aware of this scheme to attack boats.
October 17, 2025 at 3:41 PM
Questions:
--Are the survivors actually being detained?
--If so, military detention or law enforcement detention by USCG?
If military detention, no AUMF as legal authority, so bare Article II seems only theory. A problem I flagged when I was first made aware of this scheme to attack boats.
--Are the survivors actually being detained?
--If so, military detention or law enforcement detention by USCG?
If military detention, no AUMF as legal authority, so bare Article II seems only theory. A problem I flagged when I was first made aware of this scheme to attack boats.
Reposted by Peggy McGuinness
My latest on the possibility of conducting counter-drug strikes into the territory of other States.
Expert on use of force and law of armed conflict, Prof. Mike Schmitt:
“The U.S. operations conducted to date against suspected members of drug cartels stretch the applicable international law rules and their interpretation beyond recognition.”
Full analysis:
www.justsecurity.org/122756/drug-...
“The U.S. operations conducted to date against suspected members of drug cartels stretch the applicable international law rules and their interpretation beyond recognition.”
Full analysis:
www.justsecurity.org/122756/drug-...
Attacking Drug Cartels in the Territory of Another State
U.S. lethal operations against suspected cartel-affiliated individuals to date stretch applicable international law beyond recognition.
www.justsecurity.org
October 17, 2025 at 4:29 PM
My latest on the possibility of conducting counter-drug strikes into the territory of other States.
Reposted by Peggy McGuinness
Key questions for press:
What is the president’s legal authority to detain? (There is none.)
Given the claim that this is armed conflict, will the ICRC have access to these people?
What are the conditions of confinement?
What is your plan here — prosecute, release, endless detention? And where?
What is the president’s legal authority to detain? (There is none.)
Given the claim that this is armed conflict, will the ICRC have access to these people?
What are the conditions of confinement?
What is your plan here — prosecute, release, endless detention? And where?
Exclusive: U.S. military holding rescued strike survivors on Navy ship, sources say reut.rs/4ouqatA
Exclusive: U.S. military holding rescued strike survivors on Navy ship, sources say
The U.S. military is holding two survivors aboard a Navy ship after rescuing them in the aftermath of a U.S. strike on Thursday on a suspected drug vessel in the Caribbean that killed two others, three sources familiar with the matter told Reuters on Friday.
reut.rs
October 17, 2025 at 4:18 PM
Key questions for press:
What is the president’s legal authority to detain? (There is none.)
Given the claim that this is armed conflict, will the ICRC have access to these people?
What are the conditions of confinement?
What is your plan here — prosecute, release, endless detention? And where?
What is the president’s legal authority to detain? (There is none.)
Given the claim that this is armed conflict, will the ICRC have access to these people?
What are the conditions of confinement?
What is your plan here — prosecute, release, endless detention? And where?
Reposted by Peggy McGuinness
"Does the President have the authority, under Article II of the Constitution, to order these killings?"
"The short answer is: no."
Spoke with @tessbridgeman.bsky.social, @becingber.bsky.social, and Rachel Goldbrenner about the lawless killings in the Caribbean.
www.youtube.com/shorts/EDHH8...
"The short answer is: no."
Spoke with @tessbridgeman.bsky.social, @becingber.bsky.social, and Rachel Goldbrenner about the lawless killings in the Caribbean.
www.youtube.com/shorts/EDHH8...
Does the President have the authority, under Article II of the Constitution, to order killings?
YouTube video by Just Security
www.youtube.com
October 15, 2025 at 1:37 PM
"Does the President have the authority, under Article II of the Constitution, to order these killings?"
"The short answer is: no."
Spoke with @tessbridgeman.bsky.social, @becingber.bsky.social, and Rachel Goldbrenner about the lawless killings in the Caribbean.
www.youtube.com/shorts/EDHH8...
"The short answer is: no."
Spoke with @tessbridgeman.bsky.social, @becingber.bsky.social, and Rachel Goldbrenner about the lawless killings in the Caribbean.
www.youtube.com/shorts/EDHH8...
Reposting this important @nycbarassociation.bsky.social statement on the illegality of the President's attacks against Venezuelan vessels, in light of today's news.
Only by acting promptly can Congress bring our nation into compliance with the Constitution and international law, reduce the risk of hostilities with neighboring countries and assure that similar abuses of Presidential power do not expand to American shores. bit.ly/3KVqX84
Unlawful Attacks on Venezuelan Vessels | New York City Bar Association
New York City Bar Association Statement Introduction This September, President Donald J. Trump ordered U. S. military strikes against three […]
bit.ly
October 14, 2025 at 8:18 PM
Reposting this important @nycbarassociation.bsky.social statement on the illegality of the President's attacks against Venezuelan vessels, in light of today's news.
Reposted by Peggy McGuinness
The City Bar has issued a statement on the indictment of NY AG Letitia James, in defense of our independent justice system, and calling on all members of the legal community and the public at large to stand up for our legal systems and institutions. Read it here: bit.ly/4oik2ED
Statement on the Indictment of New York Attorney General Letitia James | New York City Bar Association
In Defense of Our Independent Justice System On October 9, 2025, New York’s Attorney General, Letitia James, became the latest […]
bit.ly
October 10, 2025 at 8:48 PM
The City Bar has issued a statement on the indictment of NY AG Letitia James, in defense of our independent justice system, and calling on all members of the legal community and the public at large to stand up for our legal systems and institutions. Read it here: bit.ly/4oik2ED
Reposted by Peggy McGuinness
Seems like if the administration had a strong legal theory for killing people in the Caribbean, they’d be willing to share it publicly.
Good question from Senator Coons.
AG Bondi refuses to disclose what legal theory if any from DOJ justifies these premeditated killings in the Caribbean.
AG Bondi refuses to disclose what legal theory if any from DOJ justifies these premeditated killings in the Caribbean.
COONS: How did you conclude that these strikes on boats in the open ocean are legal?
BONDI: I'm not going to discuss any legal advice that my department may or may not have issued
BONDI: I'm not going to discuss any legal advice that my department may or may not have issued
October 7, 2025 at 3:44 PM
Seems like if the administration had a strong legal theory for killing people in the Caribbean, they’d be willing to share it publicly.
Reposted by Peggy McGuinness
News of the DOJ OLC memo justifying these strikes broke just after we wrapped. But we already knew the govt’s legal theory — and carefully debunked it:
Murder on the High Seas Part II: What We Know about U.S. Vessel Strikes One Month In
@tessbridgeman.bsky.social and Rachel Goldbrenner are joined by @becingber.bsky.social and @bcfinucane.bsky.social to analyze the U.S. military campaign in the Caribbean.
www.justsecurity.org/122025/podca...
@tessbridgeman.bsky.social and Rachel Goldbrenner are joined by @becingber.bsky.social and @bcfinucane.bsky.social to analyze the U.S. military campaign in the Caribbean.
www.justsecurity.org/122025/podca...
The Just Security Podcast: Murder on the High Seas Part II -- What We Know about U.S. Vessel Strikes One Month In
Tess Bridgeman and Rachel Goldbrenner are joined by Rebecca Ingber and Brian Finucane to analyze the U.S. military campaign in the Caribbean.
www.justsecurity.org
October 7, 2025 at 1:50 PM
News of the DOJ OLC memo justifying these strikes broke just after we wrapped. But we already knew the govt’s legal theory — and carefully debunked it:
Reposted by Peggy McGuinness
The Senate Judiciary Committee needs to get a copy of this OLC memo publicly released.
www.cnn.com/2025/10/06/p...
www.cnn.com/2025/10/06/p...
Exclusive: Classified Justice Department opinion authorizes strikes on secret list of cartels, sources say | CNN Politics
The Trump administration has produced a classified legal opinion that justifies lethal strikes against a secret and expansive list of cartels and suspected drug traffickers, according to multiple peop...
www.cnn.com
October 6, 2025 at 9:37 PM
The Senate Judiciary Committee needs to get a copy of this OLC memo publicly released.
www.cnn.com/2025/10/06/p...
www.cnn.com/2025/10/06/p...
Reposted by Peggy McGuinness
Notable statement from @nycbarassociation.bsky.social.
Proud to endorse this @nycbarassociation.bsky.social statement condemning the unlawful summary executions carried out by the U.S. Government. The attacks on Venezuelan vessels violate U.S. and international law. www.nycbar.org/press-releas....
Unlawful Attacks on Venezuelan Vessels | New York City Bar Association
New York City Bar Association Statement Introduction This September, President Donald J. Trump ordered U. S. military strikes against three […]
www.nycbar.org
October 6, 2025 at 8:31 PM
Notable statement from @nycbarassociation.bsky.social.
Reposted by Peggy McGuinness
It's a pretty big deal that the NYC Bar Association--one of the most prominent and respected bar associations in the country--is accusing the President of ordering the "unlawful summary execution," i.e. murder--of civilians in violation of US and international law. www.nycbar.org/press-releas...
October 6, 2025 at 8:40 PM
It's a pretty big deal that the NYC Bar Association--one of the most prominent and respected bar associations in the country--is accusing the President of ordering the "unlawful summary execution," i.e. murder--of civilians in violation of US and international law. www.nycbar.org/press-releas...
Reposted by Peggy McGuinness
Only by acting promptly can Congress bring our nation into compliance with the Constitution and international law, reduce the risk of hostilities with neighboring countries and assure that similar abuses of Presidential power do not expand to American shores. bit.ly/3KVqX84
Unlawful Attacks on Venezuelan Vessels | New York City Bar Association
New York City Bar Association Statement Introduction This September, President Donald J. Trump ordered U. S. military strikes against three […]
bit.ly
October 6, 2025 at 1:58 PM
Only by acting promptly can Congress bring our nation into compliance with the Constitution and international law, reduce the risk of hostilities with neighboring countries and assure that similar abuses of Presidential power do not expand to American shores. bit.ly/3KVqX84
Proud to endorse this @nycbarassociation.bsky.social statement condemning the unlawful summary executions carried out by the U.S. Government. The attacks on Venezuelan vessels violate U.S. and international law. www.nycbar.org/press-releas....
Unlawful Attacks on Venezuelan Vessels | New York City Bar Association
New York City Bar Association Statement Introduction This September, President Donald J. Trump ordered U. S. military strikes against three […]
www.nycbar.org
October 6, 2025 at 8:28 PM
Proud to endorse this @nycbarassociation.bsky.social statement condemning the unlawful summary executions carried out by the U.S. Government. The attacks on Venezuelan vessels violate U.S. and international law. www.nycbar.org/press-releas....
Reposted by Peggy McGuinness
It's worth examining this alongside the 2001 AUMF authorizing force against al Qaeda. Note the 2001 explicit tie to the actual armed attacks of 9/11. And note the lack of any tie to an armed attack in the proposal to give POTUS power to wage war against drug cartels and nations he claims harbor them
September 19, 2025 at 4:32 PM
It's worth examining this alongside the 2001 AUMF authorizing force against al Qaeda. Note the 2001 explicit tie to the actual armed attacks of 9/11. And note the lack of any tie to an armed attack in the proposal to give POTUS power to wage war against drug cartels and nations he claims harbor them
Reposted by Peggy McGuinness
This appears to be the 3rd lethal US strike in the Caribbean.
Once again, the specific "terrorist" entity targeted is not identified.
No legal justification is offered for this premeditated killing.
President Trump is asserting a license to kill outside of the law. 1/n
Once again, the specific "terrorist" entity targeted is not identified.
No legal justification is offered for this premeditated killing.
President Trump is asserting a license to kill outside of the law. 1/n
September 19, 2025 at 11:46 PM
This appears to be the 3rd lethal US strike in the Caribbean.
Once again, the specific "terrorist" entity targeted is not identified.
No legal justification is offered for this premeditated killing.
President Trump is asserting a license to kill outside of the law. 1/n
Once again, the specific "terrorist" entity targeted is not identified.
No legal justification is offered for this premeditated killing.
President Trump is asserting a license to kill outside of the law. 1/n
Reposted by Peggy McGuinness
I know people are overwhelmed by too much news from every angle, and maybe people are distracted by the "terrorist" language, or just plain exhausted.
But this is the President of the United States saying he is going to go around killing people because he thinks they're criminals. And already did.
But this is the President of the United States saying he is going to go around killing people because he thinks they're criminals. And already did.
Trump: "When I see boats coming in like loaded up the other day with all sorts of drugs -- probably fentanyl mostly -- we're gonna take them out. And if people wants to have fun on the high seas of the low seas they're gonna be in trouble."
September 5, 2025 at 9:32 PM
I know people are overwhelmed by too much news from every angle, and maybe people are distracted by the "terrorist" language, or just plain exhausted.
But this is the President of the United States saying he is going to go around killing people because he thinks they're criminals. And already did.
But this is the President of the United States saying he is going to go around killing people because he thinks they're criminals. And already did.