A reminder that the administration has provided no limiting principles and these killings are completely untethered from the law (there was no "armed attack," there's no "armed conflict," and these aren't "unlawful combatants").
A reminder that the administration has provided no limiting principles and these killings are completely untethered from the law (there was no "armed attack," there's no "armed conflict," and these aren't "unlawful combatants").
The US is not currently engaged in hostilities with Houthis or Iranian proxies, so there's no termination required.
And the resolution specifically states it does NOT prevent the US "from defending itself from an armed attack or threat of an imminent armed attack"
The US is not currently engaged in hostilities with Houthis or Iranian proxies, so there's no termination required.
And the resolution specifically states it does NOT prevent the US "from defending itself from an armed attack or threat of an imminent armed attack"
To repeat:
- If it can happen at sea, it can happen anywhere
- Trump has offered no definition or limiting principle for who can be labeled a "terrorist" and summarily killed
- And no plausible legal theory for why an armed conflict exists
To repeat:
- If it can happen at sea, it can happen anywhere
- Trump has offered no definition or limiting principle for who can be labeled a "terrorist" and summarily killed
- And no plausible legal theory for why an armed conflict exists
Start with Eugene Fidell's new Q&A:
www.justsecurity.org/121421/hegse...
Start with Eugene Fidell's new Q&A:
www.justsecurity.org/121421/hegse...
Crucial insight on the right Qs - how did this order make it down the chain of command? - and the dangers for the rule of law and potential abuse of military power:
👇
www.thecipherbrief.com/a-dangerous-...
Crucial insight on the right Qs - how did this order make it down the chain of command? - and the dangers for the rule of law and potential abuse of military power:
👇
www.thecipherbrief.com/a-dangerous-...
Sure seems likely it sets up a program of extrajudicial killing (designating a cartel a "terrorist group" doesn't create a legal basis to use force):
CNN: www.cnn.com/2025/09/05/p...
Sure seems likely it sets up a program of extrajudicial killing (designating a cartel a "terrorist group" doesn't create a legal basis to use force):
CNN: www.cnn.com/2025/09/05/p...
A few initial observations:
1: It doesn't say who was targeted.
This is *highly unusual* and raises huge flags.
Does the administration know who it was targeting? If yes, why not say so in the formal report to Congress? If no, on what basis was it lawful?
A few initial observations:
1: It doesn't say who was targeted.
This is *highly unusual* and raises huge flags.
Does the administration know who it was targeting? If yes, why not say so in the formal report to Congress? If no, on what basis was it lawful?
Upshot: they don't create or authorize a state of armed conflict or the use of any wartime authorities for things like detention or lethal strikes
👇
Upshot: they don't create or authorize a state of armed conflict or the use of any wartime authorities for things like detention or lethal strikes
👇
Here's one on the Alien Enemies Act (AEA): who it applies to and when, what it does and doesn't allow, why the law even exists 👇
Here's one on the Alien Enemies Act (AEA): who it applies to and when, what it does and doesn't allow, why the law even exists 👇
You can now get updates on important developments in litigation against Trump administration executive actions delivered to your inbox every weekday by signing up for “Today on Just Security”👇
www.justsecurity.org/newsletter-s...
You can now get updates on important developments in litigation against Trump administration executive actions delivered to your inbox every weekday by signing up for “Today on Just Security”👇
www.justsecurity.org/newsletter-s...
What kind of world order will we fight for? This is about sovereignty and independence for #Ukraine, but it's also about much more:
What kind of world order will we fight for? This is about sovereignty and independence for #Ukraine, but it's also about much more:
- Federal employees, probationary or not, aren't expendable
- Their knowledge & expertise are often irreplaceable
- Our national security depends on stopping the hemorrhaging now across the agencies you fund & authorize
- Federal employees, probationary or not, aren't expendable
- Their knowledge & expertise are often irreplaceable
- Our national security depends on stopping the hemorrhaging now across the agencies you fund & authorize
crsreports.congress.gov/product/pdf/...
Key passage, consistent w/my earlier analysis:
crsreports.congress.gov/product/pdf/...
Key passage, consistent w/my earlier analysis:
Rubio: "I'm the acting director of #USAID. I've delegated that authority to someone..."
- Is Rubio acting administrator?
- To *whom* has he delegated *what* authority?
- Have USAID's functions, as provided by Congress, been retained?
Rubio: "I'm the acting director of #USAID. I've delegated that authority to someone..."
- Is Rubio acting administrator?
- To *whom* has he delegated *what* authority?
- Have USAID's functions, as provided by Congress, been retained?
www.foreign.senate.gov/imo/media/do...
www.foreign.senate.gov/imo/media/do...