Heather Brandon-Smith
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-SmithMight be a tad bit late once the U.S. has attacked a NATO ally. The War Powers Resolution is notable because it provides the *minority* a mechanism for forcing votes on unauthorized military actions. Senator Tillis is in the majority which has many more tools available—and available now.
- Sen. Thom Tillis (R-NC), to Bloomberg TV: “If there is military action against #Greenland, I will be one of the first people to file and co-sponsor a War Powers Resolution. It will pass.”
- Reposted by Heather Brandon-Smith🚨The Senate is expected to vote again tomorrow on passage of War Powers Resolution to block further unauthorized strikes on Venezuela. With Senators facing intense pressure from the Trump admin, it’s crucial they hear loud and clear from their constituents! ⬇️
- Reposted by Heather Brandon-SmithThe Trump administration's campaign of murderous strikes in Latin America carries grave implications -- both for people in the region, and here at home. FCNL's @hbrandon-smith.bsky.social breaks down what to know. ⬇️
- "History will condemn this administration’s actions. In the meantime, this extraordinarily illegal conduct by the U.S. president has extraordinary consequences—both abroad and at home." sojo.net/magazine/jan...
- Reposted by Heather Brandon-SmithGrieving every life lost in Iran and urging an end to all violence and repression. Congress should act to prevent more senseless wars by the White House and support a path for diplomacy and democracy.
- Reposted by Heather Brandon-SmithAs the infamous Guantanamo Bay detention center enters its 25th year, its legacy of torture and human rights violation endures. We joined 100+ partners to once again demand its permanent closure, and an end to the Trump administration's shameful detention of migrants there. ⬇️ #CloseGuantanamo
- Reposted by Heather Brandon-SmithMy friend @tessbridgeman.bsky.social and I unpacked some of the issues relating to the War Powers Resolution, ongoing US hostilities in Latin America, and how Congress can respond to unauthorized military action by the executive branch.
- "Although it is sometimes asserted (including recently by Vice President J.D. Vance) that every presidential administration has claimed the War Powers Resolution is unconstitutional, that claim is inaccurate." 👇
- It's a big week for the War Powers Resolution. Read my latest with @bcfinucane.bsky.social on: -2 sets of ongoing hostilities (drug boats & #Venezuela) -the WPR's constitutionality -how Congress can respond to unauthorized military action by the President www.justsecurity.org/128517/war-p...
- Reposted by Heather Brandon-Smith🚨Big News! The Senate has voted to advance a War Powers Resolution aimed at blocking President Trump from launching further military action against Venezuela. This is a major testament to the power of grassroots advocacy🙌. Let's keep up the pressure! #WarIsNotTheAnswer!
- Great to speak with @theintercept.com about the lack of public support for the U.S. invasion of Venezuela, and to be quoted alongside @bcfinucane.bsky.social.
- “We have been saying all along that Americans don’t want war in Venezuela,” said FCNL’s @hbrandon-smith.bsky.social. The administration should “listen to the American people and bring an end to this operation.”
- Reposted by Heather Brandon-SmithHonored to have my war powers scholarship referenced by @charliesavage.bsky.social in @nytimes.com. www.nytimes.com/2026/01/06/u...
- Reposted by Heather Brandon-SmithPleased to speak with @theintercept.com and be quoted alongside @hbrandon-smith.bsky.social. "The U.S. did go to war with Venezuela. Just because you drag along a couple DEA agents doesn’t transform this...into a law enforcement operation.” theintercept.com/2026/01/05/c...
- Reposted by Heather Brandon-SmithAnd if there's no war with Venezuela (and hence no application of the law of war), does that mean that the US military killing Venezuelan and Cuban security personnel was just murder?
- Reposted by Heather Brandon-SmithFactcheck: The unlawful US military attack on Venezuela means the existence of an international armed conflict with Venezuela and the application of the law of war, including the protections of the Geneva Conventions.
- Reposted by Heather Brandon-SmithMy latest with the phenomenal @rgoodlaw.bsky.social and @mikeschmitt.bsky.social: International Law and the U.S. Military and Law Enforcement Operations in Venezuela www.justsecurity.org/127981/inter...
- Thank you @raskin.house.gov and @reptedlieu.bsky.social for your letter to AG Bondi requesting an investigation into the Trump administration's boat strikes in the Caribbean Sea and Pacific Ocean. "To be clear, the entire Caribbean operation appears to be unlawful" s3.amazonaws.com/quorum-pdf-l...
- Reposted by Heather Brandon-SmithYesterday, I spoke with MS Now about the purpose of the boat strikes.
- My latest for @sojo.net on the Trump administration's unlawful boat strikes in international waters: sojo.net/magazine/jan...
- Thank you @durbin.senate.gov for your letter to Sen. Grassley requesting a hearing on the boat strikes "These strikes are extrajudicial killings and shocking violations of fundamental principles of due process and the right to life under U.S. and international law" www.politico.com/f/?id=000001...
- Reposted by Heather Brandon-SmithMany experts warn that under international law, President Trump's blockade of Venezuela is an act of war. 🚨The House will vote TODAY on two War Powers Resolutions to block President Trump from launching unauthorized, disastrous new war against Venezuela. Action resource⬇️
- Reposted by Heather Brandon-SmithSo, a blockade—if instituted—represents a quintessential use of a State’s belligerent rights. So much so that, when used against a non-State actor, it traditionally caused such an actor to be treated as if it were a State for law-of-war purposes.
- Thank you to @jayapal.house.gov and Rep. Thomas Massie for introducing a bill to sunset the 2001 AUMF after 240 days. It's long past time to bring an end to the forever wars. jayapal.house.gov/2025/12/16/j...
- Reposted by Heather Brandon-SmithExtraordinary courage from Ahmed al Ahmed, a Muslim, 43-year-old father of two, who bravely risked his life to save his neighbors celebrating Hanukkah. Praying for his full & speedy recovery. And so deeply inspired by his example.
- Reposted by Heather Brandon-Smith“I’ve never seen as much unanimity among international law experts in opposition to US policy as I’ve seen to this,” said expert Geoffrey Corn.
- “Congress has largely been focused on the double-tap strike. But the consensus among experts is that the entirety of the strikes is illegal.” @naomilachance.bsky.social breaks down the details of Trump’s recent strikes on suspected drug boats in the Caribbean and what makes them illegal.
- The White House has issued a statement of administration policy in support of the NDAA and specifically, the repeal of the 2002 and 1991 Iraq AUMFs: www.whitehouse.gov/wp-content/u...
- Thank you @kaine.senate.gov and Sen. Todd Young for all your work to repeal the 2002 Iraq AUMF. Congress should send this to the president's desk asap! www.young.senate.gov/newsroom/pre...
- Reposted by Heather Brandon-SmithThe President of the United States just called for my arrest and execution. In these moments, fear is contagious, but so is courage:
- "...the Trump admin’s assertion is utterly nonsensical because the US is simply not in an armed conflict with any cartel... [The admin] claims extraordinary authorities by merely asserting the existence of a legal condition irrespective of the facts. This is not how the law or reality works."
- It's not a NIAC -- there is no armed conflict between the United States and 24 cartels and criminal organizations in Latin America from me at @foreignpolicy.com: foreignpolicy.com/2025/11/18/c...
- Reposted by Heather Brandon-SmithRanking Members @meeks.house.gov, @adamsmith.house.gov, @jahimes.bsky.social, @benniethompson.bsky.social and @crow.house.gov and @repilhan.bsky.social, introduced a War Powers Resolution to block the Trump admin from continuing to conduct strikes in the Caribbean and the eastern Pacific.
- Reposted by Heather Brandon-SmithWe want to speak directly to members of the Military and the Intelligence Community. The American people need you to stand up for our laws and our Constitution. Don’t give up the ship.
- "'The concerning aspect of this move is that it could be a prelude to military action against the Venezuelan government itself,' Finucane said, calling it another step in Secretary of State Marco Rubio’s 'efforts to cloak a regime change operation in the guise of counternarcotics.'”
- Pleased to speak with Katie Bo Lillis of @cnn.com about the pending designation of the purported "Cartel de los Soles" as a foreign terrorist organization. Another step to cloak Rubio's policy of regime change in the guise of counterterrorism and counter-narcotics. www.cnn.com/2025/11/17/a...
- Reposted by Heather Brandon-SmithThank 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!
- Reposted by Heather Brandon-SmithNew: House reps have introduced a War Powers Resolution to stop President Trump's murderous boat strikes and military escalation in Latin America. As Rep. Meeks said, these lawless strikes combine the "worst excesses of the war of drugs and the war on terror.”
- Thank you to @meeks.house.gov, @adamsmith.house.gov, @jahimes.bsky.social, @benniethompson.bsky.social @crow.house.gov, and @repilhan.bsky.social for introducing a new war powers resolution to stop the lawless strikes on the high seas. www.nytimes.com/2025/11/18/u...
- Reposted by Heather Brandon-Smith[This post could not be retrieved]
- Reposted by Heather Brandon-SmithFCNL’s @hbrandon-smith.bsky.social joined @npr.org to break down Trump’s murderous, lawless strikes at sea: “What the administration is claiming is that it has the right to kill people who are not firing upon the U.S. … and that it can do this indefinitely without any say-so from Congress.”
- "Venezuela today presents many of the same temptations and dangers that Libya did in 2011 ... But a military intervention would not solve these problems, nor would it stem the tide of fentanyl arriving in the US. It would, however, almost certainly make them worse." www.cato.org/blog/dont-re...
- Reposted by Heather Brandon-SmithNEW: In @justsecurity.org I analyze the Trump administration's reported theory for how it can continue its lethal maritime strikes despite the time limit on unauthorized military action imposed by the War Powers Resolution. www.justsecurity.org/123844/war-p...
- Today marks the expiration of the "60-day clock" under the War Powers Resolution. This requires the Trump admin to end its strikes targeting suspected members of drug cartels in international waters. www.justsecurity.org/123717/war-p...
- 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...
- 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...
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View full threadThe 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.
- “Even if we knew for certain that the boats being destroyed … 1) contained illegal drugs; 2) those drugs were headed for our shores; and 3) all on board were criminals, it would still be grossly illegal and immoral to blast them out of the water … This is murder.” www.thebulwark.com/p/trump-targ...
- “These attacks – and their mounting human cost – are unacceptable. The US must halt such attacks and take all measures necessary to prevent the extrajudicial killing of people aboard these boats, whatever the criminal conduct alleged against them.” www.ohchr.org/en/press-rel...
- Rep. Adam Smith saying that the president has determined that drug trafficking deserves the death penalty and he has appointed himself judge, jury and executioner. Said that in yesterday's briefing the admin didn't try to defend the legality of boat strikes. www.cfr.org/event/conver...
- "Lt. Gen. Joe McGee ... left his position earlier this month" Sources said "that McGee had frequently 'pushed back' against Hegseth and Chairman of the Joint Chiefs of Staff Dan Caine on issues ranging from Russia and Ukraine to military operations in the Caribbean." www.cnn.com/2025/10/29/p...
- "The fact that the vessels our forces are attacking are encountered on the high seas does not give the president any more authority to employ lethal force than if drug traffickers were found selling drugs on an American street." www.nationalreview.com/corner/the-b...
- "Treating international drug smuggling as an armed conflict and drug traffickers as combatants has implications far beyond the legal realm. U.S. adversaries could use this precedent to gain advantage on the global stage." www.militarytimes.com/opinion/2025...
- Reposted by Heather Brandon-SmithDoug Krugman is a 24-year Marine Corps veteran who chose to resign rather than participate in Trump's and Hegseth's #ForeverWars. His voice carries the weight of someone who has personally made "life and death targeting calls" in combat zones like Iraq and Afghanistan.
- "That Trump can concoct a war and then summarily kill people is all the more troubling as Trump deploys troops in Democratic-run cities. What would stop him from claiming to be at 'war' with protesters or other critics and ordering them shot?" www.theguardian.com/commentisfre...
- Sen. Rand Paul calling the boat strikes what they are: "...I would call them extrajudicial killings ... And this is akin to what China does, to what Iran does with drug dealers. They summarily execute people without presenting evidence to the public. So, it’s wrong.” thehill.com/homenews/sen...
- Reposted by Heather Brandon-Smith🚨 Did you know? The last remaining nuclear weapons treaty between the U.S. and Russia is set to expire in February. On Tuesday, join FCNL's Allen Hester for a webinar hosted by @winwithoutwar.bsky.social to learn how you can join advocates mobilizing to stop a nuclear arms race. Register ⬇️
- Thank you @meeks.house.gov for calling for a hearing on the recent strikes in the Caribbean that have killed at least 43 civilians. Congress cannot remain silent while the administration summarily executes people without charge or trial. s3.amazonaws.com/quorum-pdf-l...
- Reposted by Heather Brandon-Smith[This post could not be retrieved]
- UN Experts on US strikes in Caribbean Sea: "... the use of lethal force in international waters without proper legal basis violates the international law of the sea and amounts to extrajudicial executions” www.ohchr.org/en/press-rel...
- Reposted by Heather Brandon-SmithIn one of the most important cases to watch, federal district court finds Elon Musk actions (in this case toward #USAID) in violation of the Appointments Clause - sufficient to issue a preliminary injunction. A very big deal. www.courtlistener.com/docket/69636...
- Reposted by Heather Brandon-Smith@isabelaalhadeff.bsky.social spoke w/ Alien Enemies Act internees & family: “We’re going to be a memory fairly soon & we haven’t done all we wanted to do, which was to prevent something like what’s happening today from happening again to another group of people.” www.motherjones.com/politics/202...
- Reposted by Heather Brandon-SmithGovernment placing a lot of weight on the spurious designation of TdA as a foreign terrorist organization. A related concern is that the Trump admin will use the FTO designation of Mexican cartels as a predicate for U.S. direct action, e.g. drone strikes. www.justsecurity.org/107850/us-mi...
- Reposted by Heather Brandon-SmithWe are saddened by the news of @repraulgrijalva.bsky.social’s passing and are holding his loved ones in the light. We are grateful for his years of public service and leadership for a more a just and peaceful world.
- Reposted by Heather Brandon-Smith@brennancenter.bsky.social works on the Alien Enemies Act in coalition with Karen Ebel (German American Internee Coalition) and Grace Shimizu (Japanese Peruvian Oral History Project). Everyone should read Karen and Grace's piece opposing the president's abuse of the Alien Enemies Act. /1
- Reposted by Heather Brandon-SmithWithholding food from the hungry through incompetence and spite. www.houstonchronicle.com/politics/art...
- Reposted by Heather Brandon-Smith"The entire point of doing this at Guantanamo is to apply the machinery of the post-9/11 state to this latest version of the Enemy." "It is to entrench in the public mind a conflation of migration and terrorism." @attackerman.bsky.social
- Reposted by Heather Brandon-SmithIn case anyone needed a reminder in light of Trump's remarks on Gaza, here's Article 49(1) of the Fourth Geneva Convention.
- Reposted by Heather Brandon-SmithSpot on from @chrismurphyct.bsky.social
- Reposted by Heather Brandon-SmithThank you Senator @chrismurphyct.bsky.social This is the right answer in a constitutional crisis, watch in full 👇
- Murphy: "We need to act like a real opposition party in the middle of a constitutional and democracy crisis. That means we should not be moving forward nominees or legislation in the Senate. Ds should not be giving votes to nominee or legislation in the Senate until Rs get serious about this crisis"
- Reposted by Heather Brandon-Smith[This post could not be retrieved]
- Reposted by Heather Brandon-SmithSecond shoe drops 2nd Complaint filed against FBI purge. This by Federal Bureau of Investigation Agents Association (approx 14,000 members) Privacy rights - public release of names Administrative Procedure Act First Amendment - for retaliation Due Process storage.courtlistener.com/recap/gov.us...
- Reposted by Heather Brandon-SmithTOWN HALL MEETING! Recent executive orders have forced us to suspend nearly all our int'l programs & furlough 75% of staff. These cruel actions have devastating consequences for survivors who rely on CVT for safety, stability & healing. Feb 7, 12 pm CST. Register: cvt.zoom.us/webinar/regi...
- Reposted by Heather Brandon-SmithA lot wrong here, but this quote alone raises big Qs: 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?
