The gravity of the situation cannot be overstated: an alarming new precedent has emerged, one that allows for lethal strikes on drug cartels deemed a threat to Americans, all based on a classified legal opinion from the Trump administration. Sources close to the matter reveal that the Justice Department's Office of Legal Counsel has crafted a document that supports these deadly actions against a secretive list of cartels and suspected drug traffickers, vastly expanding the parameters beyond those publicly recognized as terrorist organizations.
The implications of this legal justification are profound, as experts inform us it effectively opens the door to what could be seen as an ongoing war against a covert array of groups. If enforced, this could empower the president to label drug traffickers as enemy combatants, potentially allowing them to be killed without any legal oversight. Traditionally, individuals involved in drug trafficking have been treated as criminals entitled to due process. The Coast Guard, for example, has historically interceded by seizing drug-laden vessels and detaining smugglers.
One former attorney from the Pentagon articulated the gravity of this rationale, stating that such logic could lead the administration to classify any entity involved in drug distribution into the United States as waging an attack, thus justifying lethal countermeasures.
Last week, a memo from the Defense Department to lawmakers outlined the legal foundation for several strikes against vessels in the Caribbean, claiming a state of "armed conflict" with these cartels. This memo asserted that the smugglers for these cartels are labeled as "unlawful combatants," heavily relying on the aforementioned OLC opinion. Lawmakers have repeatedly sought access to this legal document from the DOJ and the Department of Defense, particularly in recent days, yet have not received any response.
The Justice Department has remained silent when approached for comments regarding the OLC's opinion. Attorney General Pam Bondi is set to testify before Congress soon, where she is expected to face scrutiny over the Trump administration’s legal justification for conducting these lethal operations against suspected drug boats and cartel members.
So far, the US military has executed at least four strikes against boats believed to be linked to drug cartels operating in the Caribbean, resulting in fatalities among individuals the administration connects to organizations labeled as terrorist groups. The most recent strike reportedly occurred last week, resulting in the death of four individuals onboard the targeted vessel, as noted by Defense Secretary Pete Hegseth in a social media update.
Internal dissent exists within the Pentagon itself, as legal experts, including military lawyers specializing in international law, express apprehensions about the legality of these operations against suspected drug traffickers. Numerous current and former Judge Advocate General (JAG) officers have voiced their belief that these strikes do not hold up under legal scrutiny. However, Pentagon lawyers acknowledge that they cannot overrule the OLC's assessment, which forms the current legal stance of the executive branch. Many within the Department of Defense are also reportedly hesitant to challenge the prevailing opinion openly, as indicated by several current JAG officers.
"In this environment, the best strategy is to comply and carry on with [Secretary of Defense] Hegseth’s newly instituted policies," noted one of the officers candidly, emphasizing the reluctance to attract negative attention.
This legal opinion is integral to the administration’s heightened efforts against drug cartels based in Latin America. It grants expanded authority to the CIA to engage in lethal operations and covert actions in the area. Sources state that President Trump updated the CIA's operational authorities coinciding with his directive to commence military strikes against these cartels earlier this summer.
In an April report, CNN revealed that the CIA was reassessing its permissions for utilizing lethal force against drug cartels both in Mexico and beyond as the Trump administration made dismantling these criminal organizations a significant focus. Currently, CIA is employing surveillance drones over Mexico, which can potentially be armed.
A former high-ranking intelligence official disclosed that there exists a presidential directive, referred to as a "finding," that pertains to CIA covert actions linked to counternarcotics efforts dating back to the 1980s. Still, this finding is widely regarded as "open-ended", leading to considerable debate within the administration since the beginning of Trump's second term.
The administration has been striving to refresh this finding to enhance clarity on the precise actions the CIA should undertake to advance Trump’s counter-cartel initiatives. However, the expansion of the CIA’s capabilities to encompass lethal targeting against cartel operatives carries inherent risks as well. With a significant number of US-born citizens and green card holders residing in Latin America, the potential for legal repercussions against the US government if harm comes to them complicates the operation. This scenario presents a uniquely challenging dilemma for the CIA.
