Justice Department Asserts Military Strikes on Drug Traffickers Don't Require Congressional Approval

The Justice Department has informed Congress that the Trump administration's military strikes against alleged drug traffickers do not require congressional approval under the 1973 War Powers Resolution. T. Elliot Gaiser, head of the Office of Legal Counsel, conveyed this position to select lawmakers, stating that these operations do not meet the definition of 'hostilities' necessitating a declaration of war.

Since early September, the U.S. military has conducted at least 15 strikes on suspected drug-smuggling vessels in the Caribbean and Pacific, resulting in 64 fatalities. The administration equates drug cartels with terrorists, justifying the strikes by highlighting the deaths caused by drugs trafficked into the United States.

Some legal experts and lawmakers have raised concerns about the legality of these actions under U.S. and international law. Democratic senators, led by Peter Welch and Dick Durbin, have formally requested the Justice Department to disclose the legal justifications for these strikes, expressing apprehension that the killings may violate both domestic and international laws, especially since the suspects were not afforded due process.

The Trump administration maintains that the strikes comply with the law of armed conflict and asserts that the War Powers Resolution does not apply in this context, as U.S. troops are not in harm's way. The administration has yet to provide Congress with concrete evidence that the targeted boats were carrying drugs, despite claims by President Trump and Defense Secretary Pete Hegseth.