Sign in

Jennifer Elsea

@jnklz.bsky.social
6.1K followers 341 following 2.6K posts

Legislative attorney at CRS. NatSec, IHL, international law, etc. Army Intelligence officer in previous life. Opinions mine. No skeets from this account are attributable to CRS.

PostsRepliesMedia
Jennifer Elsea @jnklz.bsky.social · 01/09/2026
For no particular reason, a small human interest story involving the Stars and Stripes: My uncle, an AF pilot in theater in the ‘60s, learned of his new familial status in the S&S, which printed a picture of me and my sister as newborns—along with another seven sets of siblings.
171
Jennifer Elsea @jnklz.bsky.social · 17/06/2026
Two technical quibbles: INARA does not provide for fast-track procedures for a joint resolution, nor does it provide for outright rejection of an agreement by Congress. It provides Congress the opportunity to prohibit waivers of statutory sanctions (which could upend implementation) unless vetoed.
open.substack.com
The President is Legally Barred from Waiving Iranian Sanctions as Pledged in the Iran MOU
But that won’t keep him from doing it
030
Jennifer Elsea @jnklz.bsky.social · 17/06/2026
Role for Congress? Glad you asked.
congress.gov
130
Jennifer Elsea @jnklz.bsky.social · 10/06/2026
Here I am, on the beach, worrying about punctuation.
FRESH PINEAPPLE
& COCONUT'S AVAILABLE!
060
Jennifer Elsea @jnklz.bsky.social · 30/05/2026
Good news for gov’t mineral and tech brokers, I guess
whitehouse.gov
Approving Critical Position Pay Authority for National Security Investment Workforce
MEMORANDUM FOR THE DIRECTOR OF THE OFFICE OF PERSONNEL MANAGEMENT SUBJECT:       Approving Critical Position Pay Authority for National Security
022
Jennifer Elsea @jnklz.bsky.social · 28/05/2026
All about the design of US paper currency, if you want to sound knowledgeable or are just trying to keep up
congress.gov
033
Jennifer Elsea @jnklz.bsky.social · 24/05/2026
How much of this deal will turn out to be true?
apnews.com
Details emerge of a potential Iran deal as US cites progress
Officials say the United States is close to reaching a deal with Iran that would end the war, reopen the Strait of Hormuz and see Iran give up its stockpile of highly enriched uranium.
432
Jennifer Elsea @jnklz.bsky.social · 10/05/2026
Important travel PSA: if you are staying at a certain hotel chain, which provides only a small trash can per room further divided into two ridiculously small compartments for trash/ recycling, DO NOT, like an idiot, waste time trying to fit all recyclables into the the appropriate compartment. —>
Small trash bin divided into compartments for trash and recycling.
130
Jennifer Elsea @jnklz.bsky.social · 07/05/2026
😱 What have I wrought? I finally got around to reading the legal rationale for the Maduro rendition and learned I seem to have inadvertently created a legal “ground” for using military force to render narco-terrorists extraordinarily to the U.S. for trial notwithstanding the Posse Comitatus Act 1/x
263
Jennifer Elsea @jnklz.bsky.social · 05/05/2026
Curious about whether past military conflicts are measured in dog years, or what? How long was the Vietnam War, really, or Korea? Here you go.
congress.gov
042
Jennifer Elsea @jnklz.bsky.social · 27/04/2026
Timeline cleanse
Photo of the sky above trees in Providence Park (Capitol Hill), where clouds form a soaring spirit with the moon.
090
Jennifer Elsea @jnklz.bsky.social · 17/04/2026
Are you aware of government documents that the public really ought to see, but can’t on account of their classified? You, too, can get them released. Here’s how! 👇 (P.S. Good luck)
congress.gov
140
Jennifer Elsea @jnklz.bsky.social · 12/04/2026
Blockades 101, for a quick overview, I recommend the Navy Commander’s Handbook, chapter 7.7. Keep reading to learn about captures of blockade-runners and so forth.
govinfo.gov
082
Jennifer Elsea @jnklz.bsky.social · 10/04/2026
Conscientious objector status doesn’t require religious beliefs as backing, but it seems like objection to participating in a religious war ought to count for something.
npr.org
There's growing disquiet in the military. The Iran war made it worse
Since Trump began his second term, his administration's use of the armed forces has left a growing number in the military unsettled, according to NPR interviews with service members and advocates.
030
Jennifer Elsea @jnklz.bsky.social · 07/04/2026
What international atrocity crimes are punishable in U.S. courts, you ask?
congress.gov
061
Jennifer Elsea @jnklz.bsky.social · 27/03/2026
Everything you ever wanted to know about the DHS funding lapse, contingency plans, etc., but didn’t know who to ask
congress.gov
120
Jennifer Elsea @jnklz.bsky.social · 26/03/2026
New for anyone interested in the Legal Authority for Export Controls and Tariffs on Semiconductor Chips Sold to China
congress.gov
010
Jennifer Elsea @jnklz.bsky.social · 08/03/2026
Special Envoy trivia: Title 22 permits the President to appoint special envoys, without Senate advice and consent as long as they do not “exercise significant authority pursuant to the laws of the United States.” 22 USC §2651a.
1102
Jennifer Elsea @jnklz.bsky.social · 01/03/2026
Note to @motherjones.com: the Massie-Khanna resolution is a concurrent resolution under the WPR, which is not subject to veto. If it were to pass, the Administration would likely ignore it as unconstitutional under Chadha, setting up a court battle, but no need for veto override.
motherjones.com
What a War Powers Resolution Vote on Iran Actually Means
While Congress could narrowly pass a resolution, it would likely not have the two-thirds majority needed to overturn a Trump veto.
0117
Jennifer Elsea @jnklz.bsky.social · 20/02/2026
😳
Part of the SCOTUS opinion on IEEPA and tariffs: It is also telling that in IEEPA's "half century of existence," no President has invoked the statute to impose any tariffs—let alone tariffs of this magnitude and scope. National Federation of Independent Business, 595 U.S., at
119.3 Presidents have, by contrast, regularly invoked IEEPA for other purposes. [shamelessly highlighting citation to support]
CRS, C. Casey, J. Elsea, & L.
Rosen, The International Emergency Economic Powers Act:
Origins, Evolution, and Use 18-21 (2025). [end shameless highlighting] At the same time, they have invoked other statutes-but never IEEPA—to impose tariffs, on products ranging from car tires to washing machines.
See, e.g., Presidential Procla-
mation No. 8414, 3 CFR 115 (2009 Comp.);
4395
Jennifer Elsea @jnklz.bsky.social · 06/02/2026
Last night on @ms.now during a segment on the potential stationing of ice at the polls, @weissmann.substack.com mentioned injunctions but lamented that courts don’t have armies. Maybe they do…the magistrate can summon the land and naval forces, or the militia in aid of enforcing §592. 🤔 42 USC §1989
061
Jennifer Elsea @jnklz.bsky.social · 04/02/2026
Well, well, well! Look who came in from the cold!
Bat hanging upside down in the corner above the window.
6140
Jennifer Elsea @jnklz.bsky.social · 24/01/2026
Wouldn’t he have to have been elected speaker first? I don’t think that position is held over into the next Congress.
240
Jennifer Elsea @jnklz.bsky.social · 10/01/2026
Re reports that MoC have been denied access to ICE detention facilities because DHS argues the funding restriction doesn’t apply. It’s true that §527 of the appropriation bill applies to funds from that bill and not the 1BBB funds. But, Congress’s oversight authority does not depend on funding 1/
1152
Jennifer Elsea @jnklz.bsky.social · 10/01/2026
Anybody remember how a year ago agencies were directed to bring the cost of living down? How’s that working out?
whitehouse.gov
Delivering Emergency Price Relief for American Families and Defeating the Cost-of-Living Crisis
Over the past 4 years, the Biden Administration's destructive policies inflicted an historic inflation crisis on the American people.  The Biden
264
Jennifer Elsea @jnklz.bsky.social · 07/01/2026
So now Venezuela is going to “turn over” sanctioned oil to the United States, which means the President gets to decide what to do with the proceeds? Does forfeiture law no longer apply? Perhaps DOJ is reaching a court settlement in the forfeiture case to repurpose proceeds (some precedent exists).
theguardian.com
Venezuela ‘turning over’ up to 50m barrels of oil to the US, Trump says
The president’s announcement comes as Venezuela seeks to avoid deep cuts in output amid an ongoing blockade on exports imposed by the US
173
Jennifer Elsea @jnklz.bsky.social · 01/01/2026
I’m afraid DC has less of a chance at losing the Guard presence, since different laws are at issue. But the NG should be relieved §12406 has been effectively reined in.
1456
Jennifer Elsea @jnklz.bsky.social · 31/12/2025
Well. Maybe “regular forces” aren’t necessary to execute federal law after all. But if “crime” goes up, then
031
Reposted by Jennifer Elsea
Jennifer Elsea @jnklz.bsky.social · 30/12/2025
Here’s a 2-part guide to letters of marque (not how to apply for one, but their role in history, etc.)
congress.gov
002
Jennifer Elsea @jnklz.bsky.social · 28/12/2025
A cmt on the SCOTUS order re deployment of the National Guard: Some have wondered whether it would have invalidated the use of NG to prevent opposition to desegregation in the 50’s and 60’s. Probably not, since the Insurrection Act was invoked. But one use of the precursor to §12406 seems sus 1/x
172
Jennifer Elsea @jnklz.bsky.social · 27/12/2025
So, if the President invokes the Insurrection Act in, say Chicago, can he cut off trade and seize everybody’s stuff? The rest of the insurrection statutes, which remain in title 50 after the IA was reclassified to title 10, suggest such powers are arguably available. To wit, 50 USC § 205 🧵
§205. Suspension of commercial intercourse with State in insurrection
Whenever the President, in pursuance of the provisions of this chapter, has called forth the militia to suppress combinations against the laws of the United States, and to cause the laws to be duly executed, and the insurgents shall have failed to disperse by the time directed by the President, and when the insurgents claim to act under the authority of any State or States, and such claim is not disclaimed or repudiated by the persons exercising the functions of government in such State or States, or in the part or parts thereof in which such combination exists, and such insurrection is not suppressed by such State or States, or whenever the inhabitants of any State or part thereof are at any time found by the President to be in insurrection against the United States, the President may, by proclamation, declare that the inhabitants of such State, or of any section or part thereof where such insurrection exists, are in a state of insurrection against the United States; and thereupon all commercial intercourse by and between the same and the citizens thereof and the citizens of the rest of the United States shall cease and be unlawful so long as such condition of hostility shall continue; and all goods and chattels, wares and merchandise, coming from such State or section into the other parts of the United States, or proceeding from other parts of the United States to such State or section, by land or water, shall, together with the vessel or vehicle conveying the same, or conveying persons to or from such State or section, be forfeited to the United States.
1158
Jennifer Elsea @jnklz.bsky.social · 27/12/2025
Here’s a primer on how force is authorized, nominally anyway, or restricted. 👇
congress.gov
062
Jennifer Elsea @jnklz.bsky.social · 27/12/2025
If you’re interested in a quick introduction to congressional war powers, here’s one that might do. 👇
congress.gov
064
Jennifer Elsea @jnklz.bsky.social · 27/12/2025
Here’s a primer in presidential war powers, in case the need for one arises
congress.gov
052
Jennifer Elsea @jnklz.bsky.social · 27/12/2025
To complete your holiday, I guess
theguardian.com
Trump supporters hail US strikes in Nigeria as ‘amazing Christmas present’
Some even celebrated ‘mass killing’ and the president’s ‘resolve’ in attacking Islamic State targets
050
Jennifer Elsea @jnklz.bsky.social · 24/12/2025
Here’s a take on how t can potentially use the Insurrection Act or assert federal protective power to use regular troops to help enforce immigration law. It continues to treat §12406 as something less severe than the Insurrection Act. I think the Court’s holding demonstrates this is not true.
open.substack.com
Thoughts on the Interim Order in Trump v. Illinois
The administration loses but still has options for domestic military deployment
221
Jennifer Elsea @jnklz.bsky.social · 23/12/2025
Hey 👀 “regular forces” is, you know, regular forces! Military ones! More to the point, §12406 does not expand authority to call the NG into federal service to “execute the law”in situations where using regular troops wouldn’t be permitted, so, unless the Insurrection Act is appropriately invoked
094
Jennifer Elsea @jnklz.bsky.social · 20/12/2025
For posterity/future nostalgia
Road sign still says Kennedy Center, without further abomination
0111
Jennifer Elsea @jnklz.bsky.social · 17/12/2025
More on Venezuela from a fabulous colleague
congress.gov
121
Jennifer Elsea @jnklz.bsky.social · 17/12/2025
A history of U.S. sanctions against Venezuela, should anyone want one.
congress.gov
185
Jennifer Elsea @jnklz.bsky.social · 15/12/2025
New filing in Illinois case challenging the National Guard deployment. Prof. Lederman located the full JAG op. from 1917 interpreting the requirement the President be “unable with the regular forces to execute the law.” (I had also been looking for this opinion from the digested ops. Thanks, Marty!)
164
Jennifer Elsea @jnklz.bsky.social · 14/12/2025
Saddest trombone sound ever Wordle 1,639 X/6 ⬜⬜🟩🟨🟨 ⬜⬜🟩🟩🟩 ⬜⬜🟩🟩🟩 ⬜⬜🟩🟩🟩 ⬜⬜🟩🟩🟩 ⬜🟨🟩🟩🟩
230
Jennifer Elsea @jnklz.bsky.social · 07/12/2025
Oh
054
Reposted by Jennifer Elsea
Eileen Clancy 🧿 @clancyny.bsky.social · 30/11/2025
The Congressional Research Service (CRS) prepared this "Legal Sidebar" with sources and content of the law of war, AKA the law of armed conflict or international humanitarian law as it pertains to war crimes occurring in international armed conflicts. CRS is nonpartisan and widely respected.
0107
Jennifer Elsea @jnklz.bsky.social · 30/11/2025
In case anyone is interested in a primer on war crimes…and no, this is not a how-to
congress.gov
093
Jennifer Elsea @jnklz.bsky.social · 29/11/2025
Are they going to argue the requirement for a “declared war” has evolved since enactment of the AEA so it now means the president can just declare there is one? 🤔
063
Jennifer Elsea @jnklz.bsky.social · 29/11/2025
Dear Santa, I was, no doubt, referring to the 1903 Dick Act. Whatever I asked to be damned surely deserved it. Also, I was just calling balls and strikes.
050
Jennifer Elsea @jnklz.bsky.social · 29/11/2025
Quick, @profanity.accountant, I need something to show Santa to prove how nice I’ve been.
240
Jennifer Elsea @jnklz.bsky.social · 21/11/2025
What! No one else says this?
dragon pool
050
Jennifer Elsea @jnklz.bsky.social · 21/11/2025
The decision finding the DC NG deployment likely unlawful, if it holds, appears to put meaningful restrictions on the use of the Guard in Title 32 status performing “other duties” as part of a federal mission or operation. Opinion is here ecf.dcd.uscourts.gov/cgi-bin/show...
ecf.dcd.uscourts.gov
1104