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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
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Reminiscent of Trump’s efforts in 2020 to de-escalate after Iran’s retaliatory missile attack for the Soleimani strike.

"As far as I’m concerned, as an international lawyer I’d much rather stand with an Elizabeth Wilmshurst than create corrosive apologies for the use of force that other states, like Putin’s Russia, could easily exploit in the future." www.ejiltalk.org/the-illegal-...

Pleased to speak with @ewong.bsky.social and honored to be quoted alongside @vanhollen.senate.gov, @kaine.senate.gov, @oonahathaway.bsky.social, and @rgoodlaw.bsky.social. Trump's war with Iran is illegal, but nonetheless governed by the law of war. www.nytimes.com/2025/06/22/u...

Precisely the process the U.S. Constitution specifies for taking the country to war.

I’m no expert on U.S. domestic politics, but there could be some upsides for members of Congress to vocally oppose Trump’s illegal war with Iran.

"Several Trump advisers lamented the fact that Mr. Carlson was no longer on Fox, which meant that Mr. Trump was not hearing much of the other side of the debate." Debate between the people's elected representatives over war replaced by debate by media personalities. www.nytimes.com/2025/06/22/u...

In terms of whether the Trump administration attempts to put legal lipstick on the use of force pig for its attack on Iran, will be looking to see whether the administration sends: 1) A notification under the War Powers Resolution to Congress. 2) An Article 51 letter to the UN Security Council.

Pleased to speak with @ewong.bsky.social and honored to be quoted alongside @vanhollen.senate.gov, @kaine.senate.gov, @oonahathaway.bsky.social, and @rgoodlaw.bsky.social. Trump's war with Iran is illegal, but nonetheless governed by the law of war. www.nytimes.com/2025/06/22/u...

The question presented here is very simple and is not fundamentally about US policy on Iran or Israel. Do you want to live in a constitutional republic, or an authoritarian state where decisions on war depend on the whims of one man?

Exactly right. This is not the scenario of the President needing to repel a sudden attack—the circumstances under which the framers of the constitution anticipated POTUS using force without congressional authorization.

Still don't like foreign policy by tweet. Possibly some tension between these sentiments and the efforts by the administration to emphasize that the US military operation against Iran is limited.

🧵In response to comments about the Trump administration potentially invoking the 2001 AUMF to justify military action against Iran, a few thoughts. 1/n

Trump's attack on Iran is manifestly illegal, another usurpation of Congress's constitutional authority, and a fundamental assault on the rule of law in the United States and internationally.

If you are opposed to Iran having nuclear weapons, wait until I tell you about something called the JCPOA...

The illegal use of force by the U.S. executive is not “presidential” but anti-presidential because it contravenes his constitutional duty to “take Care that the Laws be faithfully executed.”

If true, certainly undercuts any claim that the attack was lawful self defense.

The illegal use of force by the U.S. executive is not “presidential” but anti-presidential because it contravenes his constitutional duty to “take Care that the Laws be faithfully executed.”

Anyway, a decent mantra for the moment. open.spotify.com/track/14H425...

This moment is another litmus test for assessing whether members of Congress take their oaths to the Constitution seriously.

✋ Former US government War Power lawyer here. The War Powers Resolution does not/not provide any additional authority to use military force. The Article II arguments for using force against Iran are entirely bogus. As are any claims that either the 2001 or 2002 AUMFs authorize this attack.

This is a profound mischaracterization of the War Powers Resolution and US war powers more generally.

Good message from @duckworth.senate.gov. Leading with illegal and unjustified.

Does anyone know what she is up to these days?

References to cooperation with Israel in these remarks and further potential attacks on Iran. But no mention of congressional authorization nor international law. This illegal war war is another assault on the rule of law. www.youtube.com/watch?v=C7eS...

Congress must respond to preserve its Article I powers. And as usual, @aoc.bsky.social is helping to lead the way.

If you are opposed to Iran having nuclear weapons, wait until I tell you about something called the JCPOA...

Trump's attack on Iran is manifestly illegal, another usurpation of Congress's constitutional authority, and a fundamental assault on the rule of law in the United States and internationally.

My home state congressman is correct. Now is a profiles in courage moment. Step up.

Neighboring farmer still cutting hay as night falls, likely to take advantage of the weather window. Been there, done that.

Didn't the Obama administration negotiate a deal (what you might call a "joint comprehensive plan of action") to constrain Iran's nuclear program? Whatever happened to that nuclear deal?

A start. The Article I branch needs to do its job.

Another evening for blocking legal nihilists it seems.

The predictably "Must See TV" angle of the Reality TV President's illegal and unnecessary use of force.

"This is Spinal Tap," but we're dialing the illegality of the war up to 11.

🧵 Quick legal thoughts on Trump's attack on Iran. It was patently illegal. And a further egregious assault on the rule of law in the US. 1/n

OLC memo for the Soleimani strike should provide a general idea.