Heather Brandon-Smith
hbrandon-smith.bsky.social
Heather Brandon-Smith
@hbrandon-smith.bsky.social
Foreign Policy Director @fcnl.bsky.social | Adjunct at Georgetown Law.
War powers, AUMF, law of war, use of force, international law
Reposted by Heather Brandon-Smith
Thank you to to @meeks.house.gov, @adamsmith.house.gov, @jahimes.bsky.social, @benniethompson.bsky.social, @crow.house.gov, @repilhan.bsky.social for you leadership to stop this illegal and immoral abuse of military force!
November 18, 2025 at 3:22 PM
The administration is claiming the right to kill people who are not firing upon the US indefinitely and without any say so from Congress. That is a breathtaking claim. And even more so in this situation, where the United States is not at war, and it is targeting and summarily executing civilians.
November 3, 2025 at 8:29 PM
The claim that it is only hostilities if the other side is firing back is not consistent with congressional intent and it is also not consistent with Congress’s subsequent interpretation of the term “hostilities.”
November 3, 2025 at 8:28 PM
Congress also passed a War Powers Resolution in 2020 directing the termination of hostilities against Iran, following the killing of Iranian general Qassem Soleimani by drone.
www.congress.gov/bill/116th-c...
www.congress.gov
November 3, 2025 at 8:27 PM
This is also consistent with subsequent congressional conduct. Congress passed the Yemen War Powers Resolution in 2019, which said hostilities "includes in-flight refueling of non-United States aircraft conducting missions as part of the ongoing civil war in Yemen"
www.congress.gov/bill/116th-c...
www.congress.gov
November 3, 2025 at 8:26 PM
At the time the War Powers Resolution was passed, a report of the House Foreign Affairs Committee said that “hostilities” is “broader in scope” than an “armed conflict,” and that “hostilities” can include a “state of confrontation in which no shots have been fired.”
www.congress.gov/crs_external...
www.congress.gov
November 3, 2025 at 8:22 PM
As @bcfinucane.bsky.social states, the administration's claim that strikes killing people in international waters are not "hostilities" under the War Powers Resolution is nonsensical.
www.justsecurity.org/123844/war-p...
Dissecting the Trump Administration’s Effort to Circumvent the War Powers Resolution for Boat Strikes
Analysis of Trump administration's claim that War Powers Resolution's regulating US troops in "hostilities" does not apply to boat strikes.
www.justsecurity.org
November 3, 2025 at 8:20 PM
Over the weekend, the administration made the claim that it does not need to comply with this 60-day clock because its strikes don't constitute "hostilities" as, being largely by drone, they don't endanger the lives of U.S. troops.
www.nytimes.com/2025/11/01/u...
War Powers Law Does Not Apply to Trump’s Boat Strikes, Administration Says
www.nytimes.com
November 3, 2025 at 8:18 PM