Sign in

Dan Maurer

@danmaurerlawprof.bsky.social
503 followers 58 following 62 posts

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: www.onu.edu/directory/dan-maurer;

PostsRepliesMedia
Dan Maurer @danmaurerlawprof.bsky.social · 26/09/2026
dmaurer.substack.com
Why I Won’t Read, or Cite, AI-generated Content
Even if it is not “slop”
000
Dan Maurer @danmaurerlawprof.bsky.social · 14/08/2026
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.
010
Dan Maurer @danmaurerlawprof.bsky.social · 16/07/2026
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...
justsecurity.org
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.
12817
Dan Maurer @danmaurerlawprof.bsky.social · 01/07/2026
open.substack.com/pub/dmaurer/...
open.substack.com
What is a "norm" when we're talking about civil-military relations?
It's more complicated than you'd imagine it should be!
100
Dan Maurer @danmaurerlawprof.bsky.social · 18/06/2026
open.substack.com/pub/dmaurer/...
open.substack.com
Political Speech by Retired Service-Members
"It's been a long time coming" (from Taylor Swift's "Miss Americana and the Heartbreak Prince")
000
Dan Maurer @danmaurerlawprof.bsky.social · 14/06/2026
open.substack.com/pub/dmaurer/...
open.substack.com
What's your excuse?
The U.S. military continues to commit murder under the false label and rationale of armed conflict. Why?
011
Dan Maurer @danmaurerlawprof.bsky.social · 13/06/2026
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
What's your excuse?
The U.S. military continues to commit murder under the false label and rationale of armed conflict. Why?
012
Dan Maurer @danmaurerlawprof.bsky.social · 15/03/2026
#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
Rational National Security: Words Matter in War!
Sometimes the words themselves are war crimes or foreshadow war crimes to come
100
Reposted by Dan Maurer
Lawfare @lawfaremedia.org · 05/03/2026
"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.'
lawfaremedia.org
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.
04213
Dan Maurer @danmaurerlawprof.bsky.social · 03/02/2026
open.substack.com/pub/dmaurer/...
open.substack.com
It’s Not Above Your Pay Grade
Disobeying an unlawful command from the president to attack another nation is not a senior officer engaging in politics and subverting the role of civilian authority. It is a professional duty.
010
Dan Maurer @danmaurerlawprof.bsky.social · 08/01/2026
Congress Must Define ‘Unlawful Order’ Under Military Law www.lawfaremedia.org/article/cong...
lawfaremedia.org
Congress Must Define ‘Unlawful Order’ Under Military Law
Without clear definitions, commanders risk issuing unlawful orders, and troops risk obeying them.
063
Dan Maurer @danmaurerlawprof.bsky.social · 31/12/2025
substack.com/@danmaurer1/...
substack.com
Dan Maurer (@danmaurer1)
Trump acknowledges directing the CIA to covertly (irony abounds…) destroy a dock at a Venezuelan port …apparently because it was used to facilitate the drug trade he’s currently combating via drone st...
020
Dan Maurer @danmaurerlawprof.bsky.social · 23/12/2025
open.substack.com/pub/dmaurer/...
open.substack.com
The Pentagon Punch List: a running tally of things to fix in the U.S. Department of Defense in 2029…
Only one year into Trump 2.0, the number of major repairs needed to recalibrate the Department of Defense and undo the damage wrought by Pete Hegseth’s management (a word I use loosely to describe his...
020
Dan Maurer @danmaurerlawprof.bsky.social · 20/12/2025
“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....
thehill-com.cdn.ampproject.org
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…
120
Reposted by Dan Maurer
The Weekend on MS NOW @theweekendmsnow.bsky.social · 07/12/2025
“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
12493129
Dan Maurer @danmaurerlawprof.bsky.social · 24/11/2025
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.
53515
Dan Maurer @danmaurerlawprof.bsky.social · 18/11/2025
www.justsecurity.org/124939/hypot...
justsecurity.org
Hypothetical Legal Review of Narcotrafficking Strikes
A mock operational legal review examining the legal basis for U.S. military operations targeted suspected drug traffickers.
0138
Dan Maurer @danmaurerlawprof.bsky.social · 01/11/2025
open.substack.com/pub/dmaurer/...
open.substack.com
Espresso Shot: is the Commander-in-Chief the final word on military law?
Can a military lawyer offer a legal interpretation to his or her commander that contravenes the President's or Attorney General's? You would think the answer is "yes," but...
091
Dan Maurer @danmaurerlawprof.bsky.social · 29/10/2025
dmaurer.substack.com/p/espresso-s...
dmaurer.substack.com
Espresso Shot: disobeying military orders
Poured every Tuesday, Thursday, and Saturday for paid subscribers!
052
Dan Maurer @danmaurerlawprof.bsky.social · 19/10/2025
open.substack.com/pub/dmaurer/...
open.substack.com
The Three Little Pigs, Part II: Revenge of the Wolf
A Political Allegory Bearing No Relation Whatsoever to Contemporary Events
020
Dan Maurer @danmaurerlawprof.bsky.social · 05/09/2025
Some thoughts here: www.linkedin.com/posts/daniel...
linkedin.com
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...
0175
Dan Maurer @danmaurerlawprof.bsky.social · 11/08/2025
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
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
0178
Dan Maurer @danmaurerlawprof.bsky.social · 02/07/2025
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
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.
02011
Dan Maurer @danmaurerlawprof.bsky.social · 25/06/2025
@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!
1194
Dan Maurer @danmaurerlawprof.bsky.social · 24/06/2025
#rebellion #insurrection #losangeles #nationalguard #trump #newsom www.lawfaremedia.org/article/defi...
lawfaremedia.org
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.
031
Dan Maurer @danmaurerlawprof.bsky.social · 22/06/2025
Journalists, ask these 2 questions of Trump and Hegseth: (1) what is your domestic legal authority to strike Iran? (2) what is your basis under international law given Art 2(4) and Art 51 of the UN Charter? If they can’t or won’t answer, that is a story in itself #iran www.wsj.com/livecoverage...
wsj.com
U.S. Bombs Iran Live Updates: Trump Says Iran's Nuclear Sites "Completely and Totally Obliterated" in Speech
President adds three nuclear sites in Iran were attacked
031
Dan Maurer @danmaurerlawprof.bsky.social · 23/05/2025
I’ve just posted a long-overdue review of my colleague Heidi Urben’s book on partisanship in the Army and its impact on American civil-military relations. open.substack.com/pub/dmaurer/...
open.substack.com
Rational National Security: a Review of Heidi A. Urben's "Party, Politics, and the Post-9/11 Army"
A book review long overdue!
010
Dan Maurer @danmaurerlawprof.bsky.social · 06/05/2025
I was able to talk with this journalist from NPR for bit last week about the domestic deployment of troops to the border’s new “military installation” perfoming, in effect, law enforcement functions in violation of the Posse Comitatus Act www.npr.org/2025/05/06/g...
npr.org
Trump expands military use at the southern border. Are there legal limits?
The Posse Comitatus Act restricts using federal troops in civilian law enforcement. Exceptions exist, but Trump's crackdown on immigration is shaping up to be a major test for the law.
010
Dan Maurer @danmaurerlawprof.bsky.social · 05/05/2025
open.substack.com/pub/dmaurer/...
open.substack.com
I am a "Radical Left Lunatic"
President Trump prefers taunting, name-calling, and pejorative labels to characterize his disagreement with his opponents, whether a “heckler” at a political rally or a federal judge who ruled against...
010
Dan Maurer @danmaurerlawprof.bsky.social · 29/03/2025
I've rezoned my Substack newsletter into 3 "neighborhoods" - each with a distinctive subject area focus and style: "Civil Civics" (free), "Courting the Law" (free), and a regularly recurring (weekly) "Rational National Security" (for paid subscribers). dmaurer.substack.com/p/introducin...
dmaurer.substack.com
Introducing: three "neighborhoods"
Politics by Other Means will have 3 columns: "Civil Civics" (free to all), "Rational National Security" (paid subscribers), and "Courting the Law" (free)
000
Dan Maurer @danmaurerlawprof.bsky.social · 13/03/2025
Just posted to my LinkedIn and sharing here: www.linkedin.com/posts/daniel...
linkedin.com
Pete Hegseth to overhaul US military lawyers in effort to relax rules of… | Daniel Maurer
This is absurd and wholly predictable. Lawfare, Tyler McBrien, The Washington Post, The New York Times, National Institute of Military Justice, Geoffrey…
022
Dan Maurer @danmaurerlawprof.bsky.social · 20/02/2025
@washingtonpost.com @nytimes.com the DoD (inadvertently) just acknowledged that LGBTQ+ is an “immutable characteristic” along with one’s race. www.defense.gov/News/Release...
defense.gov
Identity Months Dead at DoD
Guidance from the Secretary of Defense: going forward, DOD components and military departments will not use official resources to host celebrations or events related to cultural awareness months.
000
Dan Maurer @danmaurerlawprof.bsky.social · 14/02/2025
Is anybody keeping up a running “impeachable offense” list? Not that a majority of the current House will vote for articles of impeachment now, but the midterms will be here before we know it….
110
Dan Maurer @danmaurerlawprof.bsky.social · 12/02/2025
“The Constitution did not create a President in the king’s image but envisioned an exec. regularly checked & balanced by other authorities. Our Founders knew from hard experience the ‘intolerable abuses’ that flow from unchecked executive power.” -Gorsuch, J., dissenting in US v. Zubaydah (2022)
010
Dan Maurer @danmaurerlawprof.bsky.social · 08/02/2025
A universe of 1 apple.news/A1InsOdaIQqS...
apple.news
Opinion | Trump isn’t a narcissist – he’s a solipsist. And it means a few simple things — Guardian US
The president delights in being attacked, since it keeps the focus on him. The press should handle him like parents with an ornery child
000
Dan Maurer @danmaurerlawprof.bsky.social · 23/01/2025
Republican Sen. Murkowski opposes Hegseth for Defense Secretary - The Wall Street Journal Good. his lack of experience @ strategic nat’l security policy-making & managing large orgs, & disrespect for basic rule of law protections against abusive, illegal use of force are good grounds for voting no
020
Dan Maurer @danmaurerlawprof.bsky.social · 21/01/2025
No. An “invasion” demanding military responses and military security does not include unlawful migration, drug or human trafficking. www.whitehouse.gov/presidential...
whitehouse.gov
Clarifying The Military's Role In Protecting The Territorial Integrity Of The United States – The White House
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered: Section 1.
010
Dan Maurer @danmaurerlawprof.bsky.social · 14/01/2025
For Sen. Reed’s unfortunately less-than-thorough questions of Hegseth re: law of war, rules of engagement, and the role of military lawyers, go to about 1 hour 15 minutes into the hearing. Missed opportunity to call out misleading statements and BS. www.armed-services.senate.gov/hearings/to-...
armed-services.senate.gov
To conduct a confirmation hearing on the expected nomination of Mr. Peter B. Hegseth to be Secretary of Defense | United States Senate Committee on Armed Services
United States Senate Committee on Armed Services
110
Dan Maurer @danmaurerlawprof.bsky.social · 14/01/2025
www.nbcnews.com/politics/nat...
nbcnews.com
Some military officers worry that Pete Hegseth could turn a blind eye to U.S. war crimes
As a Fox News contributor, he persuaded Trump to intervene in the cases of three service members accused of crimes. Would he do it again as defense secretary?
020
Dan Maurer @danmaurerlawprof.bsky.social · 13/01/2025
www.politico.com/news/magazin...
politico.com
The US Military Debates Possible Deployment on US Soil Under Trump
Trump has said he wants to use active duty U.S. troops to quell protests and round up immigrants. Will the military comply?
000
Dan Maurer @danmaurerlawprof.bsky.social · 05/01/2025
“On the eve of Donald Trump's election certification, the best thing Americans can do is remember that stupidity should be embarrassing.” Call it a civic duty — the only way to depopularize a populist demagogue and the deliberately-ignorant people he surrounds is to #makestupidembarassingagain
220
Dan Maurer @danmaurerlawprof.bsky.social · 23/12/2024
It is unclear why President Biden didn’t address commuting any of the 4 men on military death row—which is a federal death sentence, the same as if convicted in any other federal court. In fact, the media (mostly) forgot it about that small fact too. www.cityviewnc.com/stories/pres...
cityviewnc.com
President leaves military defendants on death row after commuting others Fort Liberty defendants on death row
President leaves military defendants on death row after commuting others. Three of them were convicted at Fort Liberty.
010
Dan Maurer @danmaurerlawprof.bsky.social · 15/12/2024
You know what would convince Trump to dump Hegseth as SecDef nominee? Tell him that Hegseth will be more popular with the troops and generals than Trump will be…
000
Dan Maurer @danmaurerlawprof.bsky.social · 12/12/2024
As Trump continues to suggest he will use the military support a mass deportation campaign that may exceed the authority of the President to execute immigration law, I’m reposting this piece from 4 years ago… www.justsecurity.org/72164/breaki...
justsecurity.org
Breaking Ranks in a Civil-Military Crisis: Strategic Communication to Register Dissent
Military leaders have principled options to address a legally questionable political decision while maintaining the rule of law and civilian control.
031
Dan Maurer @danmaurerlawprof.bsky.social · 12/12/2024
Fantastic simplified explanation of VA benefits… what they are, how they are earned, and what they do not imply about a veteran getting this form of compensation
000
Reposted by Dan Maurer
Lawfare @lawfaremedia.org · 09/12/2024
During his first term, President Trump became the first U.S. president to pardon American service members for war crimes. @danmaurerlawprof.bsky.social explores what Congress can do to make these types of pardons harder to grant.
lawfaremedia.org
Congressional Action Could Stymie Executive Clemency for War Crimes
Congress has the tools, but needs the will, to make pardons for battlefield misconduct harder for presidents to grant.
510234
Dan Maurer @danmaurerlawprof.bsky.social · 30/11/2024
curious about what kind of SecDef Hegseth will be? Me too. He’s been public on #warcrimes, #womenincombat, and #DEI programs in the DoD. But we still don’t know his views on #congressionaloversight, plans for leading the USA’s largest employer, nuke c2, budget priorities for modernizing the force…
010
Dan Maurer @danmaurerlawprof.bsky.social · 27/11/2024
I’ve lost track of how many times people in Trump’s orbit have accused someone of “treason.” You’d think the legal definition and elements would be easy to find… 🤔. But the rhetorical use of the word has some definite “incitement” vibes to it. Which is the point of course. x.com/elonmusk/sta...
x.com
x.com
010
Reposted by Dan Maurer
Benjamin Wittes @benjaminwittes.lawfaremedia.org · 23/11/2024
A few words in defense of humor: www.dogshirtdaily.com/p/on-humor-a...
dogshirtdaily.com
On Humor as an Anti-Authoritarian Weapon
Authoritarians can't abide being mocked. Strategic mockery is thus important.
1738892
Dan Maurer @danmaurerlawprof.bsky.social · 23/11/2024
I'm about to share a few thoughts on the Pete Hegseth as nominee for SECDEF. Call this a dry-run for later, more formal, comments. A thread follows 🧵
231