Dan Maurer
@danmaurerlawprof.bsky.social
Associate Professor of Law, Ohio Northern University; retired Army LTC & Judge Advocate; infrequent painter/always drinking coffee; CIV-MIL REL., CRIM LAW, NAT’L SEC’Y LAW, LOAC; faculty bio:
https://www.onu.edu/directory/dan-maurer;
https://www.onu.edu/directory/dan-maurer;
Trump announced he will declare the Strait of Hormuz a U.S. territory. The straight is partly Iranian territory (with whom we are at war) and partly Oman’s (with whom we are not at war). Acquiring territory requires Congress.There is no plausible legal authority for Trump to unilaterally do this. 0.
August 14, 2026 at 10:04 PM
Trump announced he will declare the Strait of Hormuz a U.S. territory. The straight is partly Iranian territory (with whom we are at war) and partly Oman’s (with whom we are not at war). Acquiring territory requires Congress.There is no plausible legal authority for Trump to unilaterally do this. 0.
Thanks @justsecurity.org for publishing this piece. I discuss ways in which a future DOJ (or DOD using courts-martial) can decide who in the military is culpable enough to prosecute for the illegal boat strikes against “narcoterrorists” - murder and conspiracy
www.justsecurity.org/145257/milit...
www.justsecurity.org/145257/milit...
How to Choose Which Military Members to Hold Accountable for Illegal Boat Strikes
A retired judge advocate outlines the difficulties of deciding who to prosecute for the illegal strikes on alleged drug-trafficking boats.
www.justsecurity.org
July 16, 2026 at 2:27 PM
Thanks @justsecurity.org for publishing this piece. I discuss ways in which a future DOJ (or DOD using courts-martial) can decide who in the military is culpable enough to prosecute for the illegal boat strikes against “narcoterrorists” - murder and conspiracy
www.justsecurity.org/145257/milit...
www.justsecurity.org/145257/milit...
Murder is still crime, even if the president orders it. In my Substack below (free), I rebut the 5 most likely “excuses” senior military commanders would tell themselves to justify not disobeying or resigning in protest after all this time.
open.substack.com/pub/dmaurer/...
open.substack.com/pub/dmaurer/...
What's your excuse?
The U.S. military continues to commit murder under the false label and rationale of armed conflict. Why?
open.substack.com
June 13, 2026 at 5:54 PM
Murder is still crime, even if the president orders it. In my Substack below (free), I rebut the 5 most likely “excuses” senior military commanders would tell themselves to justify not disobeying or resigning in protest after all this time.
open.substack.com/pub/dmaurer/...
open.substack.com/pub/dmaurer/...
#Trump’s “just for fun” comment on striking Kharg Island again after it was “totally obliterated” during Operation Epic Fury’s air campaign is not just callous, cavalier, and mocking; it is legally problematic — see, e.g., Article 23(g) of The Hague Convention IV
open.substack.com/pub/dmaurer/...
open.substack.com/pub/dmaurer/...
Rational National Security: Words Matter in War!
Sometimes the words themselves are war crimes or foreshadow war crimes to come
open.substack.com
March 15, 2026 at 11:13 PM
#Trump’s “just for fun” comment on striking Kharg Island again after it was “totally obliterated” during Operation Epic Fury’s air campaign is not just callous, cavalier, and mocking; it is legally problematic — see, e.g., Article 23(g) of The Hague Convention IV
open.substack.com/pub/dmaurer/...
open.substack.com/pub/dmaurer/...
Reposted by Dan Maurer
"When even careful lawyers are motivated to ‘get to yes’ for an imperious and unforgiving client, their work is prone to bullshit."
Using philosopher Harry Frankfurt's technical definition of the term, @danmaurerlawprof.bsky.social explains why the Maduro Rendition OLC memorandum is 'bullshit.'
Using philosopher Harry Frankfurt's technical definition of the term, @danmaurerlawprof.bsky.social explains why the Maduro Rendition OLC memorandum is 'bullshit.'
This OLC Opinion Is ‘Bullshit’
When lawyers are motivated to “get to yes,” their work is prone to bullshit (in the technical sense). And this OLC opinion is full of it.
www.lawfaremedia.org
March 5, 2026 at 6:11 PM
"When even careful lawyers are motivated to ‘get to yes’ for an imperious and unforgiving client, their work is prone to bullshit."
Using philosopher Harry Frankfurt's technical definition of the term, @danmaurerlawprof.bsky.social explains why the Maduro Rendition OLC memorandum is 'bullshit.'
Using philosopher Harry Frankfurt's technical definition of the term, @danmaurerlawprof.bsky.social explains why the Maduro Rendition OLC memorandum is 'bullshit.'
Congress Must Define ‘Unlawful Order’ Under Military Law www.lawfaremedia.org/article/cong...
Congress Must Define ‘Unlawful Order’ Under Military Law
Without clear definitions, commanders risk issuing unlawful orders, and troops risk obeying them.
www.lawfaremedia.org
January 8, 2026 at 5:23 PM
Congress Must Define ‘Unlawful Order’ Under Military Law www.lawfaremedia.org/article/cong...
“This is not the start of a war — it is a declaration of vengence.” - Pete Hegseth, second most powerful teenager in Government.
Yet another embarrassment, Mr. Secretary (of Defense).
You’re not playing Call of Duty.
thehill-com.cdn.ampproject.org/c/s/thehill....
Yet another embarrassment, Mr. Secretary (of Defense).
You’re not playing Call of Duty.
thehill-com.cdn.ampproject.org/c/s/thehill....
US military hits over 70 targets in Syria against ISIS in retaliatory strikes
The U.S. military struck more than 70 targets at multiple locations across central Syria against Islamic State on Friday, retaliating a week after two U.S. service members and one civilian were kil…
thehill-com.cdn.ampproject.org
December 20, 2025 at 1:59 AM
“This is not the start of a war — it is a declaration of vengence.” - Pete Hegseth, second most powerful teenager in Government.
Yet another embarrassment, Mr. Secretary (of Defense).
You’re not playing Call of Duty.
thehill-com.cdn.ampproject.org/c/s/thehill....
Yet another embarrassment, Mr. Secretary (of Defense).
You’re not playing Call of Duty.
thehill-com.cdn.ampproject.org/c/s/thehill....
Reposted by Dan Maurer
“Simply calling them terrorists does not make them so. It does not unlock some hidden lethal power.” Retired Army Lt. Col. Daniel Maurer, a former Judge Advocate General, on legal questions surrounding the September 2 strike on an alleged drug boat during which a second strike killed two survivors
December 7, 2025 at 12:40 PM
“Simply calling them terrorists does not make them so. It does not unlock some hidden lethal power.” Retired Army Lt. Col. Daniel Maurer, a former Judge Advocate General, on legal questions surrounding the September 2 strike on an alleged drug boat during which a second strike killed two survivors
reminding soldiers that they have a legal and professional duty to not obey #ILLEGALorders is not a crime…not under the UCMJ, not under Title 18…. And #hegseth KNOWs this. Or he’s being fed horseshit by people who aren’t lawyers, or by lawyers with no experience in military justice or prosecution.
November 24, 2025 at 7:01 PM
reminding soldiers that they have a legal and professional duty to not obey #ILLEGALorders is not a crime…not under the UCMJ, not under Title 18…. And #hegseth KNOWs this. Or he’s being fed horseshit by people who aren’t lawyers, or by lawyers with no experience in military justice or prosecution.
Some thoughts here: www.linkedin.com/posts/daniel...
Trump Claims the Power to Summarily Kill Suspected Drug Smugglers | Daniel Maurer
Based on the facts presented by the Adminstration, the military was ordered by the President to commit murder. Full stop. And they did. An order to murder is a patently unlawful one, and therefore sh...
www.linkedin.com
September 5, 2025 at 3:18 PM
Some thoughts here: www.linkedin.com/posts/daniel...
Journalists @nytimes.com @washingtonpost.com @wsj.com @npr.org @reuters.com: ask DOJ and DOD what the “rules for the use of force” are for the 800 NG troops sent to police D.C. Ask why they’re not publicly releasing those rules. If they tell you it’s classified, ask why
apple.news/AblL2RAAUQ2u...
apple.news/AblL2RAAUQ2u...
Trump to Deploy National Guard to D.C., Take Over City’s Police Department — The Wall Street Journal
‘We’re going to take our capital back,’ Trump said
apple.news
August 11, 2025 at 4:49 PM
Journalists @nytimes.com @washingtonpost.com @wsj.com @npr.org @reuters.com: ask DOJ and DOD what the “rules for the use of force” are for the 800 NG troops sent to police D.C. Ask why they’re not publicly releasing those rules. If they tell you it’s classified, ask why
apple.news/AblL2RAAUQ2u...
apple.news/AblL2RAAUQ2u...
Ironically, it’s the very #JAGs (from the FL Nat’l Guard) who will be used as #immigration judges to speed up the process that should know that their being used in this way to enforce the federal immigration law very likely violates the #possecommitatus act.
amp.miamiherald.com/news/local/i...
amp.miamiherald.com/news/local/i...
Trump OKs using National Guard as immigration judges at Florida detention center
President Donald Trump said Tuesday he would approve Florida’s plan to expedite deportations by having qualified National Guard members work as immigration judges.
amp.miamiherald.com
July 2, 2025 at 12:41 AM
Ironically, it’s the very #JAGs (from the FL Nat’l Guard) who will be used as #immigration judges to speed up the process that should know that their being used in this way to enforce the federal immigration law very likely violates the #possecommitatus act.
amp.miamiherald.com/news/local/i...
amp.miamiherald.com/news/local/i...
@aoc.bsky.social
I “designed” this shirt as a micro-protest…I wear it out because I don’t look like Trump’s stereotypical “leftist”— I’m a middle-aged white man, 22-year Army vet, lawyer, married with 3 kids—who may be a tinge embarrassed when out with me wearing it 😂. Keep up the good work, AOC!
I “designed” this shirt as a micro-protest…I wear it out because I don’t look like Trump’s stereotypical “leftist”— I’m a middle-aged white man, 22-year Army vet, lawyer, married with 3 kids—who may be a tinge embarrassed when out with me wearing it 😂. Keep up the good work, AOC!
June 25, 2025 at 9:54 PM
@aoc.bsky.social
I “designed” this shirt as a micro-protest…I wear it out because I don’t look like Trump’s stereotypical “leftist”— I’m a middle-aged white man, 22-year Army vet, lawyer, married with 3 kids—who may be a tinge embarrassed when out with me wearing it 😂. Keep up the good work, AOC!
I “designed” this shirt as a micro-protest…I wear it out because I don’t look like Trump’s stereotypical “leftist”— I’m a middle-aged white man, 22-year Army vet, lawyer, married with 3 kids—who may be a tinge embarrassed when out with me wearing it 😂. Keep up the good work, AOC!
#rebellion #insurrection #losangeles #nationalguard #trump #newsom
www.lawfaremedia.org/article/defi...
www.lawfaremedia.org/article/defi...
Defining ‘Rebellion’ in 10 U.S.C. § 12406 and the Insurrection Act
Congress has a duty to precisely define the conditions that trigger a president’s emergency use of the military on American soil.
www.lawfaremedia.org
June 24, 2025 at 3:38 AM