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...
Unironically, good for Don Bacon.
More House GOP members should follow his lead.
More House GOP members should follow his lead.
Bacon: "If we're gonna go to war with Venezuela, the president needs to make his case. And they've done 0 on this. He needs to come to Congress."
November 14, 2025 at 8:51 PM
Unironically, good for Don Bacon.
More House GOP members should follow his lead.
More House GOP members should follow his lead.
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...
Because launching an illegal war on Venezuela is definitely going to earn a Nobel Peace Prize.
Is the Trump administration trying to drag America into another war?
They are parking some of our most lethal warships off the coast of Venezuela and sending thousands of service members to the region.
And we're supposed to believe this is about blowing up speedboats?
They are parking some of our most lethal warships off the coast of Venezuela and sending thousands of service members to the region.
And we're supposed to believe this is about blowing up speedboats?
November 14, 2025 at 8:36 PM
Because launching an illegal war on Venezuela is definitely going to earn a Nobel Peace Prize.
Pleased to speak with @gregsargent.bsky.social about OLC's "get out of jail free card" for the Trump administration's maritime killing spree.
“This could indicate awareness of potential criminal exposure,” one legal expert tells me, and “may reflect consciousness that they’re in legally treacherous territory.”
Remember, the Admiral overseeing bombings just resigned. Did he think the orders are illegal?
newrepublic.com/article/2032...
Remember, the Admiral overseeing bombings just resigned. Did he think the orders are illegal?
newrepublic.com/article/2032...
November 14, 2025 at 8:07 PM
Pleased to speak with @gregsargent.bsky.social about OLC's "get out of jail free card" for the Trump administration's maritime killing spree.
Reposted by Brian Finucane
“I don’t know what’s more insane – that the ‘President of Peace’ is starting an illegal war or that he’s giving a get out of jail free card to the U.S. military,” said a senior defense official.
theintercept.com/2025/11/14/b...
theintercept.com/2025/11/14/b...
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.
theintercept.com
November 14, 2025 at 7:24 PM
“I don’t know what’s more insane – that the ‘President of Peace’ is starting an illegal war or that he’s giving a get out of jail free card to the U.S. military,” said a senior defense official.
theintercept.com/2025/11/14/b...
theintercept.com/2025/11/14/b...
The context is Homan being asked about the UK reportedly curtailing intel sharing due to concerns of being complicit in violating international law w/r/t the boat strikes.
Homan: "I don't think the UK is a friend to this country and friend of the president"
November 14, 2025 at 6:52 PM
The context is Homan being asked about the UK reportedly curtailing intel sharing due to concerns of being complicit in violating international law w/r/t the boat strikes.
Pleased to speak with @nickturse.bsky.social about the OLC permission slip for the US killing spree at sea.
“It’s legal Mad Libs. They’re throwing all these terms and concepts at the wall, but there’s no real content or substance behind them.”
“It’s legal Mad Libs. They’re throwing all these terms and concepts at the wall, but there’s no real content or substance behind them.”
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.
theintercept.com/2025/11/14/b...
In a memo promising legal immunity for those who kill alleged drug traffickers, the Trump administration floated an unusual legal theory.
theintercept.com/2025/11/14/b...
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.
theintercept.com
November 14, 2025 at 6:25 PM
Pleased to speak with @nickturse.bsky.social about the OLC permission slip for the US killing spree at sea.
“It’s legal Mad Libs. They’re throwing all these terms and concepts at the wall, but there’s no real content or substance behind them.”
“It’s legal Mad Libs. They’re throwing all these terms and concepts at the wall, but there’s no real content or substance behind them.”
Toss up between the Saints and Rocket from the Tombs for best bike commute track today.
November 14, 2025 at 5:59 PM
Toss up between the Saints and Rocket from the Tombs for best bike commute track today.
Gonna start raising bison in my backyard now that the Swiss export market has been unlocked.
Swiss Government Document: Switzerland will grant the US duty-free bilateral tariff quotas on selected us export products: 500 tonnes for beef, 1,000 tonnes for bison meat and 1,500 tonnes for poultry meat.
November 14, 2025 at 3:41 PM
Gonna start raising bison in my backyard now that the Swiss export market has been unlocked.
For a few years of my time in government, I was lawyering on issues related to the counter-ISIS campaign—including on the matter of targeting "revenue-generating" objects.
Many differences between targeting (alleged) drugs on these boats and ISIS petroleum—including it seems physical control.
Many differences between targeting (alleged) drugs on these boats and ISIS petroleum—including it seems physical control.
November 14, 2025 at 3:01 PM
For a few years of my time in government, I was lawyering on issues related to the counter-ISIS campaign—including on the matter of targeting "revenue-generating" objects.
Many differences between targeting (alleged) drugs on these boats and ISIS petroleum—including it seems physical control.
Many differences between targeting (alleged) drugs on these boats and ISIS petroleum—including it seems physical control.
Does not appear that there is overwhelming support from the American public for either the administration's killing spree at sea or for a possible regime change war in Venezuela.
www.reuters.com/world/us/jus...
www.reuters.com/world/us/jus...
November 14, 2025 at 2:32 PM
Does not appear that there is overwhelming support from the American public for either the administration's killing spree at sea or for a possible regime change war in Venezuela.
www.reuters.com/world/us/jus...
www.reuters.com/world/us/jus...
Reposted by Brian Finucane
Pleased to speak with @charliesavage.bsky.social about the law of war arguments reportedly advanced by OLC in its memo blessing the boat strikes.
Fair to say that I’m deeply skeptical of claims that these strikes are lawful attacks on “revenue-generating” targets.
Fair to say that I’m deeply skeptical of claims that these strikes are lawful attacks on “revenue-generating” targets.
Memo Blessing Boat Strikes Is Said to Rely on Trump’s Claims About Cartels
Accounts of a secret Justice Department memo offer a window into how administration lawyers approved the president’s desired course of action.
www.nytimes.com/2025/11/13/u...
Accounts of a secret Justice Department memo offer a window into how administration lawyers approved the president’s desired course of action.
www.nytimes.com/2025/11/13/u...
Memo Blessing Boat Strikes Is Said to Rely on Trump’s Claims About Cartels
www.nytimes.com
November 14, 2025 at 12:21 AM
Pleased to speak with @charliesavage.bsky.social about the law of war arguments reportedly advanced by OLC in its memo blessing the boat strikes.
Fair to say that I’m deeply skeptical of claims that these strikes are lawful attacks on “revenue-generating” targets.
Fair to say that I’m deeply skeptical of claims that these strikes are lawful attacks on “revenue-generating” targets.
Reposted by Brian Finucane
Whatever strained and implausible justifications the OLC opinion may purport to provide for the killing spree at sea, the public statements of the administration recently have boiled down to:
Just follow orders.
That appears to be the operative rule the administration wants to establish.
Just follow orders.
That appears to be the operative rule the administration wants to establish.
DOJ (longer):
“[T]he strikes were ordered consistent with the laws of armed conflict, and as such are lawful orders.
“Military personnel are legally obligated to follow lawful orders and, as such, are not subject to prosecution for following lawful orders.”
“[T]he strikes were ordered consistent with the laws of armed conflict, and as such are lawful orders.
“Military personnel are legally obligated to follow lawful orders and, as such, are not subject to prosecution for following lawful orders.”
November 14, 2025 at 1:47 AM
Whatever strained and implausible justifications the OLC opinion may purport to provide for the killing spree at sea, the public statements of the administration recently have boiled down to:
Just follow orders.
That appears to be the operative rule the administration wants to establish.
Just follow orders.
That appears to be the operative rule the administration wants to establish.
Whatever strained and implausible justifications the OLC opinion may purport to provide for the killing spree at sea, the public statements of the administration recently have boiled down to:
Just follow orders.
That appears to be the operative rule the administration wants to establish.
Just follow orders.
That appears to be the operative rule the administration wants to establish.
DOJ (longer):
“[T]he strikes were ordered consistent with the laws of armed conflict, and as such are lawful orders.
“Military personnel are legally obligated to follow lawful orders and, as such, are not subject to prosecution for following lawful orders.”
“[T]he strikes were ordered consistent with the laws of armed conflict, and as such are lawful orders.
“Military personnel are legally obligated to follow lawful orders and, as such, are not subject to prosecution for following lawful orders.”
November 14, 2025 at 1:47 AM
Whatever strained and implausible justifications the OLC opinion may purport to provide for the killing spree at sea, the public statements of the administration recently have boiled down to:
Just follow orders.
That appears to be the operative rule the administration wants to establish.
Just follow orders.
That appears to be the operative rule the administration wants to establish.
DoD on legality of the boat strikes:
"Military personnel are legally obligated to follow lawful orders and as such are not subject to prosecution for following lawful orders."
"Lawful orders" in this formulation being a function of what POTUS and his pliant OLC say.
www.pbs.org/newshour/sho...
"Military personnel are legally obligated to follow lawful orders and as such are not subject to prosecution for following lawful orders."
"Lawful orders" in this formulation being a function of what POTUS and his pliant OLC say.
www.pbs.org/newshour/sho...
Military personnel seek legal advice on whether Trump-ordered missions are lawful
Military service personnel have been seeking outside legal advice about some of the missions the Trump administration has assigned them. The strikes against alleged drug traffickers and deployments to...
www.pbs.org
November 14, 2025 at 12:51 AM
DoD on legality of the boat strikes:
"Military personnel are legally obligated to follow lawful orders and as such are not subject to prosecution for following lawful orders."
"Lawful orders" in this formulation being a function of what POTUS and his pliant OLC say.
www.pbs.org/newshour/sho...
"Military personnel are legally obligated to follow lawful orders and as such are not subject to prosecution for following lawful orders."
"Lawful orders" in this formulation being a function of what POTUS and his pliant OLC say.
www.pbs.org/newshour/sho...
Pleased to speak with @charliesavage.bsky.social about the law of war arguments reportedly advanced by OLC in its memo blessing the boat strikes.
Fair to say that I’m deeply skeptical of claims that these strikes are lawful attacks on “revenue-generating” targets.
Fair to say that I’m deeply skeptical of claims that these strikes are lawful attacks on “revenue-generating” targets.
Memo Blessing Boat Strikes Is Said to Rely on Trump’s Claims About Cartels
Accounts of a secret Justice Department memo offer a window into how administration lawyers approved the president’s desired course of action.
www.nytimes.com/2025/11/13/u...
Accounts of a secret Justice Department memo offer a window into how administration lawyers approved the president’s desired course of action.
www.nytimes.com/2025/11/13/u...
Memo Blessing Boat Strikes Is Said to Rely on Trump’s Claims About Cartels
www.nytimes.com
November 14, 2025 at 12:21 AM
Pleased to speak with @charliesavage.bsky.social about the law of war arguments reportedly advanced by OLC in its memo blessing the boat strikes.
Fair to say that I’m deeply skeptical of claims that these strikes are lawful attacks on “revenue-generating” targets.
Fair to say that I’m deeply skeptical of claims that these strikes are lawful attacks on “revenue-generating” targets.
Reposted by Brian Finucane
Remember how the US won the war in Afghanistan by bombing drug facilities there on the basis that they were "revenue generating" targets?
Glad the USG internalized the lessons from that experience.
www.bbc.com/news/world-u...
Glad the USG internalized the lessons from that experience.
www.bbc.com/news/world-u...
How the US military's opium war in Afghanistan was lost
The US has spent $1.5m a day fighting the opium war in Afghanistan. Why is business still booming?
www.bbc.com
November 13, 2025 at 12:39 PM
Remember how the US won the war in Afghanistan by bombing drug facilities there on the basis that they were "revenue generating" targets?
Glad the USG internalized the lessons from that experience.
www.bbc.com/news/world-u...
Glad the USG internalized the lessons from that experience.
www.bbc.com/news/world-u...
Reposted by Brian Finucane
Pleased to speak to @france24.com yesterday about US maritime strikes and the potential for US military intervention in Venezuela.
www.france24.com/en/video/202...
www.france24.com/en/video/202...
Trump's rhetoric against Venezuela 'cloaks a regime-change programme', expert says
www.france24.com
November 13, 2025 at 12:44 PM
Pleased to speak to @france24.com yesterday about US maritime strikes and the potential for US military intervention in Venezuela.
www.france24.com/en/video/202...
www.france24.com/en/video/202...
Whatever permission slip OLC has concocted for these premeditated killings, it is not binding on other countries.
The furor over the death of a Colombian fisherman has ignited a feud over the huge U.S. military buildup in the Caribbean and the legality of the deadly attacks on nearly 20 vessels since September.
Family of Fisherman Killed in U.S. Military Strike Says It Wants Justice
www.nytimes.com
November 13, 2025 at 9:44 PM
Whatever permission slip OLC has concocted for these premeditated killings, it is not binding on other countries.
Please to speak with @the-independent.com about the boat strikes and the law.
“The term for premeditated killing outside of armed conflict is murder. And the Trump administration has not established that these strikes are taking place in an armed conflict.”
DOJ: US forces following orders.
“The term for premeditated killing outside of armed conflict is murder. And the Trump administration has not established that these strikes are taking place in an armed conflict.”
DOJ: US forces following orders.
Experts doubt legal memo shields troops from prosecution over Trump’s boat strikes
Experts doubt legal memo shields troops from prosecution over Trump’s boat strikes
www.independent.co.uk
November 13, 2025 at 9:11 PM
Please to speak with @the-independent.com about the boat strikes and the law.
“The term for premeditated killing outside of armed conflict is murder. And the Trump administration has not established that these strikes are taking place in an armed conflict.”
DOJ: US forces following orders.
“The term for premeditated killing outside of armed conflict is murder. And the Trump administration has not established that these strikes are taking place in an armed conflict.”
DOJ: US forces following orders.
All of which would be illegal.
"Senior military officials on Wednesday presented President Trump with updated options for potential operations in Venezuela, including strikes on land, according to multiple sources familiar with the meetings at the White House. "
Top officials present Trump with military options for Venezuela in the coming days
The potential operations for Venezuela presented to Trump included options for strikes on land, multiple sources said.
www.cbsnews.com
November 13, 2025 at 8:31 PM
All of which would be illegal.
A potentially significant development in the US maritime bombing campaign:
Mexico reportedly announces that it will interdict suspected vessels in order to forestall further US strikes off its coasts.
elpais.com/mexico/2025-...
Mexico reportedly announces that it will interdict suspected vessels in order to forestall further US strikes off its coasts.
elpais.com/mexico/2025-...
Sheinbaum anuncia que la Marina interceptará las presuntas narcolanchas para evitar más bombardeos de Estados Unidos
La presidenta mexicana adelanta que se ha acordado un protocolo de trabajo en aguas internacionales con miras a detener los ataques
elpais.com
November 13, 2025 at 7:55 PM
A potentially significant development in the US maritime bombing campaign:
Mexico reportedly announces that it will interdict suspected vessels in order to forestall further US strikes off its coasts.
elpais.com/mexico/2025-...
Mexico reportedly announces that it will interdict suspected vessels in order to forestall further US strikes off its coasts.
elpais.com/mexico/2025-...
The administration appears to be laying the groundwork for designating "antifa" as a Foreign Terrorist Organization.
www.state.gov/releases/202...
www.state.gov/releases/202...
Designations of Antifa Ost and Three Other Violent Antifa Groups - United States Department of State
Today, the Department of State announces the designation of Antifa Ost, Informal Anarchist Federation/International Revolutionary Front, Armed Proletarian Justice, and Revolutionary Class Self-Defense...
www.state.gov
November 13, 2025 at 7:34 PM
The administration appears to be laying the groundwork for designating "antifa" as a Foreign Terrorist Organization.
www.state.gov/releases/202...
www.state.gov/releases/202...
You will be shocked to learn that the administration's claims about their helicopter-borne night raid against "terrorists" in Chicago are more than a little shaky.
NEW: Authorities said Tren de Aragua “terrorists” had taken over the building. A ProPublica investigation found little evidence to back up the government’s claims.
For the first time, the Venezuelans arrested in a Chicago raid are telling their stories.
For the first time, the Venezuelans arrested in a Chicago raid are telling their stories.
“I Lost Everything”: Venezuelans Were Rounded Up in a Dramatic Midnight Raid but Never Charged With a Crime
Authorities said Tren de Aragua “terrorists” had taken over the building. A ProPublica investigation found little evidence to back up the government’s claims. For the first time, the Venezuelans arrested in a Chicago raid are telling their stories.
www.propublica.org
November 13, 2025 at 1:44 PM
You will be shocked to learn that the administration's claims about their helicopter-borne night raid against "terrorists" in Chicago are more than a little shaky.