Brian Finucane
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Brian Finucane
@bcfinucane.bsky.social
23K followers 3.4K following 7.6K posts
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
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bcfinucane.bsky.social
Update:

Skiing

Both boys skied great in their first nordic outing of the season.
November 10, 2025 at 9:48 PM
bcfinucane.bsky.social
Wintry!
November 10, 2025 at 5:12 PM
bcfinucane.bsky.social
The US government's lawless killing spree at sea continues.

The "designated terrorist organizations" supposedly operating these vessel are of course unidentified.

As are the purported "narco-terrorists" killed.

Using the language of counterterrorism doesn't actually make this counterterrorism.
Yesterday, at the direction of President Trump, two lethal kinetic strikes were conducted on two vessels operated by Designated Terrorist Organizations. These vessels were known by our intelligence to be associated with illicit narcotics smuggling, were carrying narcotics, and were transiting along a known narco-trafficking transit route in the Eastern Pacific. Both strikes were conducted in international waters and 3 male narco-terrorists were aboard each vessel. All 6 were killed. No U.S. forces were harmed. Under President Trump, we are protecting the homeland and killing these cartel terrorists who wish to harm our country and its people.
November 10, 2025 at 2:08 PM
bcfinucane.bsky.social
Nice characterization of the executive branch’s reliance on past practice to justify congressionally unauthorized military actions.
November 10, 2025 at 12:01 AM
bcfinucane.bsky.social
Great exchange in the Senate regarding the interpretation of Article 11 of the North Atlantic Treaty.
November 9, 2025 at 8:33 PM
bcfinucane.bsky.social
Gonna keep the kids on the trail for this hike.
Live Bombs warning sign
November 9, 2025 at 2:47 PM
bcfinucane.bsky.social
Further shocking but completely unsurprising revelations of how the Biden administration disregarded US law to continue virtually unconditional arms transfers to Israel for the slaughter in Gaza.

www.reuters.com/world/us/us-...
Exclusive: US intel found Israeli military lawyers warned there was evidence of Gaza war crimes, former US officials say
November 7, 2025 at 4:25 PM
bcfinucane.bsky.social
Trump admin's lawless killing spree continues.

Another lethal strike in the Caribbean against a boat allegedly operated by an unidentified "designated terrorist organization."

Fellow Americans:

Do you want your government committing actions credibly described as crimes against humanity?
As we’ve said before, vessel strikes on narco-terrorists will continue until their the poisoning of the American people stops. Today, at the direction of President Trump, the Department of War carried out a lethal kinetic strike on a vessel operated by a Designated Terrorist Organization. The vessel was trafficking narcotics in the Caribbean and was struck in international waters. No U.S. forces were harmed in the strike, and three male narco-terrorists — who were aboard the vessel — were killed. To all narco-terrorists who threaten our homeland: if you want to stay alive, stop trafficking drugs. If you keep trafficking deadly drugs—we will kill you.
November 7, 2025 at 4:16 AM
bcfinucane.bsky.social
A timely purchase.
War and Presidential Power
November 6, 2025 at 11:41 PM
bcfinucane.bsky.social
Thankful for the opportunity to share my thoughts with the BBC today on the legal implications of the lethal US maritime strikes and their role in the Secretary of State's Venezuela regime change project.
BBC Screenshot
November 6, 2025 at 9:33 PM
bcfinucane.bsky.social
Pleased to speak with TRT World about the legal issues raised by the lethal US maritime strikes.

(Interview starts ~6:40 mark.)

Especially pleased to appear in the same segment as my friend Sarah Yager of @hrw.org.

www.youtube.com/watch?v=X_bf...
TRT World screenshot
November 5, 2025 at 10:06 PM
bcfinucane.bsky.social
More premeditated killing at sea.

The "designated terrorist organization" supposedly operating this vessel is unidentified.

The basis for labeling the victims "narco-terrorists" is unspecified.

Cloaking lawless killing in the guise of counterterrorism doesn't actually make it counterterrorism.
Today, at the direction of President Trump, the Department of War carried out a lethal kinetic strike on a vessel operated by a Designated Terrorist Organization (DTO). Intelligence confirmed that the vessel was involved in illicit narcotics smuggling, transiting along a known narco-trafficking route, and carrying narcotics. The strike was conducted in international waters in the Eastern Pacific. No U.S. forces were harmed in the strike, and two male narco-terrorists — who were aboard the vessel — were killed. We will find and terminate EVERY vessel with the intention of trafficking drugs to America to poison our citizens. Protecting the homeland is our TOP priority. NO cartel terrorist stands a chance against the American military.
November 5, 2025 at 12:54 AM
bcfinucane.bsky.social
Predictably, some in the administration are trying to leverage the prior terrorism designation of the purported "Cartel de los Soles" to provide a supposed legal basis for attacking Venezuela and even killing Maduro.

This would all be wildly illegal.

www.nytimes.com/2025/11/04/u...
Mr. Trump’s aides have asked the Justice Department for additional guidance that could provide a legal basis for any military action beyond the current campaign of striking boats that the administration says are trafficking narcotics, without providing evidence. Such guidance could include a legal rationale for targeting Mr. Maduro without creating the need for congressional authorization for the use of military force, much less a declaration of war. While the guidance is still being drafted, some administration officials expect it will argue that Mr. Maduro and his top security officials are central figures in the Cartel de los Soles, which the administration has designated as a narcoterrorist group. The Justice Department is expected to contend that designation makes Mr. Maduro a legitimate target despite longstanding American legal prohibitions on assassinating national leaders.
November 4, 2025 at 7:13 PM
bcfinucane.bsky.social
SecDef announcing another illegal strike in the Caribbean against “narco-terrorists.”

Says the Pentagon will treat these alleged drug smugglers “EXACTLY how we treated Al-Qaeda.”

I can think of a few relevant differences between the two, eg 9/11, etc.
Today, at the direction of President Trump, the Department of War carried out a lethal kinetic strike on another narco-trafficking vessel operated by a Designated Terrorist Organization (DTO) in the Caribbean. This vessel—like EVERY OTHER—was known by our intelligence to be involved in illicit narcotics smuggling, was transiting along a known narco-trafficking route, and carrying narcotics. Three male narco-terrorists were aboard the vessel during the strike, which was conducted in international waters. All three terrorists were killed, and no U.S. forces were harmed in this strike. These narco-terrorists are bringing drugs to our shores to poison Americans at home—and they will not succeed. The Department will treat them EXACTLY how we treated Al-Qaeda. We will continue to track them, map them, hunt them, and kill them.
November 2, 2025 at 2:27 PM
bcfinucane.bsky.social
And of course, admin's argument now that standoff strikes aren't hostilities under WPR is undercut by the fact that the White House did submit WPR report when strikes started—which is what is required by WPR when US forces are introduced into hostilities.

Reversed their earlier interpretation. 5/n
Dear Mr. President: I write to apprise you of military action taken on September 2, 2025, in the Caribbean Sea and of the potential for further such actions. Extraordinarily violent drug trafficking cartels that the United States has designated as terrorist organizations have wrought devastating consequences on American communities for decades, causing the deaths of tens of thousands of United States citizens each year and threatening our national security and foreign policy interests both at home and abroad. These organizations have evolved into complex structures with the financial means and paramilitary capabilities needed to operate with impunity, engaging in violence and terrorism that threaten the United States and destabilize other nations in our own Hemisphere. Friendly foreign nations have made significant efforts to combat these organizations, suffering significant losses of life due to organized violence at the hands of the groups designated as terrorist organizations, but these groups are now transnational and operate throughout the Western Hemisphere. In the face of the inability or unwillingness of some states in the region to address the continuing threat to United States persons and interests emanating from their territories, we have now reached a critical point where we must meet this threat to our citizens and our most vital national interests with United States military force in self-defense. Accordingly, at my direction, on September 2, 2025, United States forces struck a vessel at a location beyond the territorial seas of any nation that was assessed to be affiliated with a designated terrorist organization and to be engaged in illicit drug trafficking activities. It is not possible at this time to know the full scope and duration of military operations that will be necessary. United States forces remain postured to carry out further military operations. I am providing this report as part of my efforts to keep the Congress fully informed, consistent with the War Powers Resolution (Public Law 93-148). I directed these actions consistent with my responsibility to protect Americans and United States interests abroad and in furtherance of United States national security and foreign policy interests pursuant to my constitutional authority as Commander in Chief and Chief Executive to conduct United States foreign relations. I appreciate the support of the Congress in this
November 1, 2025 at 9:32 PM
bcfinucane.bsky.social
Trump admin's apparent theory that if US forces aren't in harm's way then there are no "hostilities" for WPR purposes creates a huge hole in the law given the nature of how US uses military force.

And a further power grab by the executive w/r/t Congress's control over the use of military force. 4/n
Asked for comment, a senior administration official said that the War Powers Resolution did not pertain to the current situation, because, “even at its broadest … [it] has been understood to apply to placing U.S. service-members in harm’s way.”
November 1, 2025 at 9:08 PM
bcfinucane.bsky.social
Old: The US might illegally attack Venezuela.

New: The US might illegally attack Nigeria.
If the Nigerian Government continues to allow the killing of Christians, the U.S.A. will immediately stop all aid and assistance to Nigeria, and may very well go into that now disgraced country, “guns-a-blazing,” to completely wipe out the Islamic Terrorists who are committing these horrible atrocities. I am hereby instructing our Department of War to prepare for possible action. If we attack, it will be fast, vicious, and sweet, just like the terrorist thugs attack our CHERISHED Christians! WARNING: THE NIGERIAN GOVERNMENT BETTER MOVE FAST!
November 1, 2025 at 8:56 PM
bcfinucane.bsky.social
Executive has generally treated airstrikes—including with standoff weapons—as an introduction of US armed forces under section 4(a)(1) of WPR.

True even during Trump 1.0, when White House reported the 2017 and 2018 strikes on Syria under the WPR.

(Still remember drafting this in a SCIF.)3/n
Hon. PAUL D. RYAN, Speaker of the House of Representatives, Washington, DC. DEAR MR. SPEAKER: At approximately 8:40 p.m. Eastern Daylight Time on April 6, 2017, at my direction, United States military forces in the Mediterranean Sea, operating beyond the territorial sea of any state, struck the Shayrat military airfield in Syria. United States intelligence indicates that Syrian military forces operating from this airfield were responsible for the chemical weapons attack on Syrian civilians in southern Idlib Province, Syria, that occurred on April 4. I directed this action in order to degrade the Syrian military’s ability to conduct further chemical weapons attacks and to dissuade the Syrian regime from using or proliferating chemical weapons, thereby promoting the stability of the region and averting a worsening of the region’s current humanitarian catastrophe. I acted in the vital national security and foreign policy interests of the United States, pursuant to my constitutional authority to conduct foreign relations and as Commander in Chief and Chief Executive. The United States will take additional action, as necessary and appropriate, to further its important national interests. I am providing this report as part of my efforts to keep the Congress fully informed, consistent with the War Powers Resolution (Public Law 93–148). I appreciate the support of the Congress in this action.
November 1, 2025 at 8:49 PM
bcfinucane.bsky.social
And seems Elliot Abrams and I have a similar understanding of Trump's approach to using military force.
Most experts doubt the United States intends a prolonged occupation—a stance Trump reiterated during his campaign for a second term. “What he favors are targeted operations, like the assassination of Iranian General Qasem Soleimani, or attacks on Iran’s nuclear installations,” Elliott Abrams, who served as U.S. special representative for Venezuela in Trump’s first term, told Herald columnist Andrés Oppenheimer. “I don’t think he wants something that could drag on. ”Still, a full-scale invasion would be far larger and costlier than the current posture. Even the 1989 U.S. invasion of Panama—a smaller, militarily less complex country—required about 30,000 troops, Abrams noted. Read more at: https://www.miamiherald.com/news/nation-world/world/americas/venezuela/article312722642.html#storylink=cpy
October 31, 2025 at 2:47 PM
bcfinucane.bsky.social
Trump admin claims that its premeditated killings at sea aren't flat out murder because US is supposedly in an armed conflict (false).

But its reported daisy-chain targeting is not focused on lawful targets, ie combatants or those DPHing.

If war, then war crimes.

www.nytimes.com/2025/10/30/u...
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.
October 31, 2025 at 11:21 AM
bcfinucane.bsky.social
huh
Today, at a classified HASC briefing on recent counternarcotics operations in the Pacific and Caribbean, the Pentagon pulled its lawyers - the exact people who would supply a legal justification for these strikes - from the briefing with no notice.
October 30, 2025 at 5:41 PM
bcfinucane.bsky.social
Another illegal US maritime strike—again in the Pacific.

Against a vessel allegedly operated by an unspecified "designated terrorist organization."

Four reported fatalities—dubbed w/o ID or evidence "narco-terrorists."

There's a word for premeditated killings outside of armed conflict.
Earlier today, at the direction of President Trump, the Department of War carried out a lethal kinetic strike on yet another narco-trafficking vessel operated by a Designated Terrorist Organization (DTO) in the Eastern Pacific. This vessel, like all the others, was known by our intelligence to be involved in illicit narcotics smuggling, was transiting along a known narco-trafficking route, and carrying narcotics. Four male narco-terrorists were aboard the vessel—and killed—during the strike, which was conducted in international waters. No U.S. forces were harmed in this strike. The Western Hemisphere is no longer a safe haven for narco-terrorists bringing drugs to our shores to poison Americans. The Department of War will continue to hunt them down and eliminate them wherever they operate.
October 30, 2025 at 12:18 AM
bcfinucane.bsky.social
Pleased to speak with the BBC yesterday evening about the legal and policy issues implicated by the lethal US maritime strikes, including what distinguishes these strikes from targeted killings in the armed conflicts with al Qaeda and ISIS.
BBC Screenshot
October 29, 2025 at 7:51 PM
bcfinucane.bsky.social
More illegal US maritime strikes—again in the Pacific.

Three strikes against four vessels allegedly operated by unspecified "designated terrorist organizations."

Reportedly 14 more fatalities (unidentified "narco-terrorists") and one survivor, whose fate is not completely clear.
Yesterday, at the direction of President Trump, the Department of War carried out three lethal kinetic strikes on four vessels operated by Designated Terrorist Organizations (DTO) trafficking narcotics in the Eastern Pacific. The four vessels were known by our intelligence apparatus, transiting along known narco-trafficking routes, and carrying narcotics. Eight male narco-terrorists were aboard the vessels during the first strike. Four male narco-terrorists were aboard the vessel during the second strike. Three male narco-terrorists were aboard the vessel during the third strike. A total of 14 narco-terrorists were killed during the three strikes, with one survivor. All strikes were in international waters with no U.S. forces harmed. Regarding the survivor, USSOUTHCOM immediately initiated Search and Rescue (SAR) standard protocols; Mexican SAR authorities accepted the case and assumed responsibility for coordinating the rescue. The Department has spent over TWO DECADES defending other homelands. Now, we’re defending our own. These narco-terrorists have killed more Americans than Al-Qaeda, and they will be treated the same. We will track them, we will network them, and then, we will hunt and kill them.
October 28, 2025 at 1:51 PM
bcfinucane.bsky.social
‘Tis the season
Campfire
October 26, 2025 at 1:00 AM