Justice Department: Trump Can Strike Alleged Drug Boats Without Congress Approval

A senior official from the Justice Department recently informed Congress that the Trump administration has the authority to conduct lethal strikes against alleged drug traffickers without prior congressional approval. This assertion was made during a briefing by T. Elliot Gaiser, head of the Office of Legal Counsel, to select lawmakers.

Legal Justifications for Strikes on Drug Traffickers

Gaiser argued that military actions against drug boats in the Caribbean Sea and Pacific Ocean do not constitute “hostilities” under the 1973 War Powers Resolution. Consequently, these strikes do not necessitate a declaration of war or an extension of authority from Congress.

• At least 15 military strikes against suspected drug-smuggling vessels have been conducted since early September.
• Approximately 64 fatalities have resulted from these operations.
• The most recent strike occurred on a Saturday in the Caribbean, resulting in three deaths.

Implications of the Classified Legal Opinion

The legal rationale provided by Gaiser hinges on a classified opinion from his office. This opinion equates drug cartels with terrorist organizations and emphasizes the harm caused by drugs entering the United States. Gaiser stated that U.S. military forces were not under attack, further supporting the claim that the U.S. is not in a state of war.

Concerns have been raised regarding the legality of these military actions. Some legal experts assert that the strikes might breach both U.S. and international law. Democratic lawmakers, alongside a few Republicans, have criticized the administration for a lack of transparency in its legal justification.

Congressional Notification and Legal Timeline

In early September, the Trump administration formally notified Congress of its military actions against an alleged drug vessel. This notification activated a 60-day period during which the administration must either discontinue military operations, seek an extension, or obtain formal authorization from Congress.

However, Gaiser informed lawmakers that an extension is unnecessary. He contended that the legal framework does not apply in this situation, despite the impending end of the 60-day window.

Historical Context and Future Considerations

Traditionally, drug traffickers were treated as criminals with rights to due process. However, the current administration has changed this perspective, allowing for military action against these individuals. Under an executive order issued by President Trump at the outset of his second term, certain drug cartels were designated as foreign terrorist organizations, expanding military operational latitude.

• Trump is contemplating potential strikes against cocaine facilities and trafficking routes in Venezuela.

This evolving legal landscape raises significant questions about the implications of military action against drug traffickers. Observers await further clarification from both the White House and the Justice Department regarding the justification for these operations.