The Trump administration drafted a classified analysis that permitted itself to summarily order airstrikes on ships allegedly operated by a specific list of drug cartels, reported CNN on Monday.
"The opinion, which was produced by the Justice Department’s Office of Legal Counsel and has not been previously reported, argues that the president is allowed to authorize deadly force against a broad range of cartels because they pose an imminent threat to Americans," reported Natasha Bertrand and Zachary Cohen. "The list of cartels goes beyond those the administration has publicly designated as terrorist organizations, the people familiar with the opinion said."
Experts expressed alarm at this document, which is a significant departure from international law and the longstanding policies in the U.S. for dealing with suspected international drug traffickers, which include interdiction and arrest rather than an immediate lethal airstrike.
“By this logic, any small, medium or big group that is trafficking drugs into the US — the administration could claim it amounts to an attack against the United States and respond with lethal force,” said one former Department of Defense attorney. Meanwhile, current judge advocates general told CNN that even officials who disagree with the assessment cannot defy an OLC opinion. One said, “The way forward is just to eat it and put your head down and act in accordance with [Secretary of Defense] Hegseth’s new policies. No JAG is trying to rock the boat or get noticed.”
The Trump administration has ordered such airstrikes for weeks, destroying boats in international waters and killing their crews, while claiming these vessels were running drugs to the United States without presenting clear evidence.
The strikes have caused intense worry among legal experts, with even John Yoo, the former George W. Bush administration lawyer who defended the use of torture at Guantanamo Bay, stating, “There has to be a line between crime and war. We can’t just consider anything that harms the country to be a matter for the military. Because that could potentially include every crime.”
