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Katherine Yon Ebright

@ebrightyon

Lawyer focusing on constitutional war powers at the Brennan Center for Justice. Views my own.

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Latest posts by Katherine Yon Ebright @ebrightyon

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From Iran to Latin America to Africa, the Trump admin. has dramatically surged US military strikes around the 🌍.

Yet some strikes, like in Nigeria, have received little attention or scrutiny.

Thank you Reps Jacobs and Crow for holding the admin. accountable to the law and to the American people.

11.03.2026 19:35 πŸ‘ 15 πŸ” 4 πŸ’¬ 1 πŸ“Œ 0
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In Aug 2003, Colin Powell wrote to Paul Bremer that US troops on raids in Iraq β€œshouldn’t be taking the press with us or releasing photos” because the raids looked ugly.

To DOD’s credit, it ignored Powell and didn’t begin to curtail embedding until a decade later.

www.thetimes.com/article/00b2...

08.03.2026 23:35 πŸ‘ 26 πŸ” 7 πŸ’¬ 1 πŸ“Œ 0

Even when we are attacked, the president must go to Congress for authorization to prosecute offensive hostilities. FDR went to Congress to seek a war declaration against Japan the day after Pearl Harbor. That war declaration served as our legal basis for entering World War II.

02.03.2026 21:56 πŸ‘ 1 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

Congress must do its constitutional duty, reversing this trend of escalation and unaccountability. /fin

02.03.2026 21:14 πŸ‘ 3 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

We're now facing a major war with no clear end-date or strategy. U.S. military personnel have already died. U.S. planes have already been shot down. This isn't just "precision strikes" or a so-called "limited law enforcement operation." /6 x.com/glcarlstrom/...

02.03.2026 21:14 πŸ‘ 3 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0

This is a pattern of abuse, where the abuses have become more and more dramatic as this Congress has failed to check the president.Β  By rejecting War Powers Resolutions to rein in these earlier abuses, this Congress has apparently emboldened him. /5

02.03.2026 21:14 πŸ‘ 2 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0

That obviously has not happened here.Β 

It also didn't happen (1) this past summer, when Trump ordered "precision strikes" in Iran, (2) this past fall, when Trump started targeting civilians on the high seas, or (3) in January, when Trump ordered the Maduro operation. /4

02.03.2026 21:14 πŸ‘ 3 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0

As commander-in-chief, the president does have inherent power to "repel sudden attacks," i.e., to use truly defensive force.

But for anything else, the president must convince Congress and the American people that war -- spilling American blood and treasure -- makes sense. /3

02.03.2026 21:14 πŸ‘ 2 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0
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Founders Online: β€œHelvidius” Number 4, [14 September] 1793 β€œHelvidius” Number 4, [14 September] 1793

Don't just take it from me -- take it from James Madison:

"In no part of the constitution is more wisdom to be found than in the clause which confides the question of war or peace to the legislature, and not to the executive department." /2 founders.archives.gov/documents/Ma...

02.03.2026 21:14 πŸ‘ 3 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0
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Trump's Iran Strikes Are Unconstitutional Congress must act.

Trump's "massive and ongoing operation" against Iran is a clear violation of the Constitution's separation of powers.

In our democracy, the president does not have the kingly power to plunge the nation into war without democratic debate and sanction. /1 www.brennancenter.org/our-work/ana...

02.03.2026 21:14 πŸ‘ 68 πŸ” 26 πŸ’¬ 4 πŸ“Œ 1
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No Legal Basis for Invading Venezuela 1989’s U.S. military action in Panama offers no constitutional cover for Trump’s Venezuela attack.

www.brennancenter.org/our-work/ana...

02.03.2026 17:31 πŸ‘ 3 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
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Trump's Iran Strikes Are Unconstitutional Congress must act.

Trump acted unilaterally and lawlessly in striking Iran β€” without congressional authorization and absent any imminent threat to the United States. @ebrightyon.bsky.social on why Congress needs to act.

02.03.2026 17:20 πŸ‘ 129 πŸ” 57 πŸ’¬ 10 πŸ“Œ 6

The Constitution gives Congress, not the president, the power to decide when the nation goes to war. President Trump’s strikes on Iran are flatly unconstitutional. There’s been no deliberation, no vote, no clear justification. This is a flagrant abuse of executive power.

28.02.2026 15:32 πŸ‘ 722 πŸ” 264 πŸ’¬ 30 πŸ“Œ 22

25/ Congress should also use its power to close the data broker loophole and strengthen privacy protections against AI-enabled surveillance. It should demand transparency about how the military is using AI in hostilities – a critical first step towards regulating the technology.

23.02.2026 13:28 πŸ‘ 23 πŸ” 4 πŸ’¬ 0 πŸ“Œ 0

13/ Then there’s the use of AI to β€œassist weapons targeting without sufficient human oversight.” All attacks – AI-assisted or not – must comply with U.S. law and the international law of war.

23.02.2026 13:28 πŸ‘ 20 πŸ” 5 πŸ’¬ 1 πŸ“Œ 0
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Defense Dept. and Anthropic Square Off in Dispute Over A.I. Safety

1/ The dispute between Anthropic and DOD over the limits of using AI in warfare is escalating. I’ll have more to say on what these limits should be in a @brennancenter.org report out next month. But for now, here’s what you need to know, and what’s truly at stake 🧡:

www.nytimes.com/2026/02/18/t...

23.02.2026 13:28 πŸ‘ 126 πŸ” 53 πŸ’¬ 2 πŸ“Œ 15

US military averaged just under one air strike per day in Somalia in the first month of 2026. The highest or second-highest monthly Somalia strike numbers ever, rivaled only by Dec 2025.

2025, the highest year for Somalia strikes yet, had 140+ strikes (10-15 most months).

09.02.2026 21:07 πŸ‘ 60 πŸ” 28 πŸ’¬ 3 πŸ“Œ 3
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Major Somalia strikes update.

Our data now has a fully accounted for and confirmed strike count for Jan 2026 and to date. 26 strikes in Jan and 28 to date.

This includes two strikes w/o press release (1/20 and 1/26) and clarification of all multiple strikes.

www.newamerica.org/future-secur...

09.02.2026 20:23 πŸ‘ 52 πŸ” 23 πŸ’¬ 2 πŸ“Œ 3
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Five War Powers Takeaways from the Senate’s Venezuela Hearing The Senate's hearing with Rubio offered little solace to those concerned about the use of force against Venezuela.

New from me: A recap of last week's Venezuela hearing with Secretary of State Rubio.

Recap touches on the administration's overbroad theory of Art. II, the Cuban Missile Crisis as a "precedent," and the Alien Enemies Act -- among other items.

www.justsecurity.org/130722/war-p...

05.02.2026 17:54 πŸ‘ 1 πŸ” 1 πŸ’¬ 0 πŸ“Œ 0
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Five War Powers Takeaways from the Senate’s Venezuela Hearing The Senate's hearing with Rubio offered little solace to those concerned about the use of force against Venezuela.

5 Takeaways from Rubio's Senate hearing on Venezuela, from @brennancenter.org's @ebrightyon.bsky.social

The Trump admin "and its congressional allies believe the president can undertake bombings and ground operations at will, without meaningful constraints from Congress."

05.02.2026 14:07 πŸ‘ 41 πŸ” 29 πŸ’¬ 2 πŸ“Œ 3
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View: Why US airstrikes in Somalia are reaching record levels under Trump The Pentagon’s opacity over the attacks is creating an accountability gap, drawing parallels with the administration’s immigration enforcement push at home.

Semafor cites our New America Somalia strike data. Also touches on one of the major issues I’ve been emphasizing: the halt in the provision of casualty/battle damage assessments.

www.semafor.com/article/02/0...

02.02.2026 17:00 πŸ‘ 3 πŸ” 1 πŸ’¬ 0 πŸ“Œ 0

The administration can't have it both ways. When it's a question of bypassing immigrants' constitutional rights under the Alien Enemies Act, they say we're at war. When they want to dodge congressional oversight, they say we're not at war. So which is it?

28.01.2026 17:35 πŸ‘ 151 πŸ” 70 πŸ’¬ 2 πŸ“Œ 6
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DUCKWORTH: If it's true that we are not at war with Venezuela, will you advise the president to rescind his invocation of the wartime Alien Enemies Act?

RUBIO: That was a mechanism to remove people from our country that present great danger

D: It's a wartime act. Are we currently at war?

R: No

28.01.2026 17:08 πŸ‘ 13232 πŸ” 4048 πŸ’¬ 456 πŸ“Œ 179
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DUCKWORTH: The administration has acknowledged that the vast majority of the men it rounded up and deported to torture under this law had no criminal record

RUBIO: We didn't torture anybody. Who did we torture?

28.01.2026 17:09 πŸ‘ 2088 πŸ” 644 πŸ’¬ 278 πŸ“Œ 71
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America’s Counterterrorism Wars Tracking the United States's drone strikes and other operations in Pakistan, Yemen, Somalia, and Libya.

We have death tolls from Somali press releases for recent operations that align with declared strikes.

While it’s possible these include activity beyond the strikes, if these are the strike tolls, they’re quite a bit higher than death tolls early last year.

www.newamerica.org/future-secur...

14.01.2026 12:49 πŸ‘ 4 πŸ” 2 πŸ’¬ 1 πŸ“Œ 1
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No Legal Basis for Invading Venezuela 1989’s U.S. military action in Panama offers no constitutional cover for Trump’s Venezuela attack.

Administration officials have said H.W. Bush's ouster of the Noriega regime in Panama serves as a legal precedent for Trump's regime-change operation in Venezuela.

The comparison falls apart when you actually look at the facts.
www.brennancenter.org/our-work/ana...

07.01.2026 17:24 πŸ‘ 2 πŸ” 1 πŸ’¬ 0 πŸ“Œ 0

Latest strike in Somalia brings declared count to 92 (confirmed count and is one strike despite plural via query) plus one declared ground op (not counted by AFRICOM as a strike bc not airstrike).

Our tally also includes two alleged strikes this year for 95.

www.africom.mil/pressrelease...

14.11.2025 08:46 πŸ‘ 2 πŸ” 2 πŸ’¬ 0 πŸ“Œ 0
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W.M.M. v. Trump The lawsuit challenges President Trump's invocation of the Alien Enemies Act to deport alleged Venezuelan gang members.

Proud to have filed another amicus brief -- alongside @cato.org and law professors @ilyasomin.bsky.social, John Dehn, and Geoffrey Corn -- in the ongoing Alien Enemies Act litigation.

The courts have the power to stop Trump's abuse of this wartime law.

www.brennancenter.org/our-work/res...

14.11.2025 01:50 πŸ‘ 37 πŸ” 17 πŸ’¬ 0 πŸ“Œ 0

The Trump administration said that any Venezuelan immigrant it targets under the Alien Enemies Act "shall be ineligible for any relief or protection from removal" β€” including legal protections against deporting people to likely torture or persecution.

The AEA must be repealed.

12.11.2025 16:28 πŸ‘ 127 πŸ” 61 πŸ’¬ 10 πŸ“Œ 1