Justice Department's Secret Memo Authorizes Lethal Force Against Drug Cartels

The Trump administration has produced a classified legal opinion from the Justice Department's Office of Legal Counsel (OLC) that authorizes the use of lethal force against an extensive list of drug cartels and suspected traffickers, according to multiple sources. This opinion asserts that the president can sanction deadly force against these groups, citing an imminent threat to American citizens. Notably, the list includes organizations beyond those publicly designated as terrorist entities.

Legal experts express concern that this opinion could lead to an open-ended conflict against a secret list of groups, allowing the president to classify drug traffickers as enemy combatants subject to lethal action without judicial oversight. Traditionally, individuals involved in drug trafficking have been treated as criminals entitled to due process, with interdiction efforts focusing on arrest and prosecution.

A former Pentagon lawyer familiar with the opinion remarked, "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."

The Department of Defense recently issued a memo to lawmakers outlining the legal basis for a series of strikes against boats in the Caribbean. This memo argues that the U.S. is in an "armed conflict" with the cartels and identifies smugglers as "unlawful combatants," heavily relying on the OLC opinion. Despite repeated requests, the Justice and Defense Departments have not provided Congress with a copy of the legal opinion.

The Justice Department declined to comment on the OLC opinion. Attorney General Pam Bondi is scheduled to testify on Capitol Hill, where she is expected to face questions regarding the administration's legal justification for conducting lethal strikes against alleged drug boats and cartel members in the Caribbean.

To date, the U.S. military has conducted at least four strikes on boats operating in the Caribbean, resulting in fatalities among individuals the administration claims are affiliated with drug cartels designated as terrorist organizations. The most recent strike occurred last week, killing four individuals onboard, as reported by Defense Secretary Pete Hegseth.

Within the Pentagon, some military lawyers, including international law experts in the Office of General Counsel, have raised concerns about the legality of these lethal strikes. Multiple current and former Judge Advocate Generals (JAGs) have stated that the strikes do not appear lawful. Despite these concerns, Pentagon lawyers cannot overrule the OLC opinion, which serves as the prevailing legal interpretation within the executive branch. Many Department of Defense lawyers are reportedly reluctant to openly dissent.

The Justice Department's opinion is a key component of the administration's intensified campaign against Latin American drug cartels. This campaign also includes expanded authorities for the CIA to conduct lethal targeting and covert actions in the region. President Donald Trump updated the CIA's authorities around the same time he signed a secret directive ordering the military to begin striking Latin American drug cartels earlier this summer.

In April, reports indicated that the CIA had begun reviewing its authorities to use lethal force against drug cartels in Mexico and beyond, as the administration prioritized counter-cartel operations. The CIA is also operating surveillance drones capable of being armed over Mexico.

A former senior intelligence official noted that a presidential directive, known as a "finding," for CIA covert action related to counternarcotics dates back to the 1980s. This directive is considered "open-ended" regarding the actions the CIA can undertake and has been the subject of significant debate within the administration since Trump's second term began.

The administration has been working to update this directive to provide further clarity to the CIA on specific actions needed to advance Trump's counter-cartel campaign.