Justice Department Memo Justifies Military Strikes on Suspected Drug-Trafficking Boats

A classified memorandum from the U.S. Department of Justice's Office of Legal Counsel (OLC) asserts that military personnel involved in recent strikes against suspected drug-trafficking boats are immune from prosecution. The memo, drafted in July and spanning nearly 50 pages, argues that these operations are lawful under the laws of armed conflict, as the United States is engaged in a "non-international armed conflict" with designated drug cartels.

Since September, the U.S. military has conducted at least 19 such strikes in the Caribbean and off Latin America's Pacific coast, resulting in approximately 76 deaths. The Trump administration maintains that these actions are legally justified, with President Donald Trump declaring that the United States is in an "armed conflict" with drug cartels, labeling them as unlawful combatants and foreign terrorist organizations.

Critics, including Democratic lawmakers and legal experts, have raised concerns about the legality of these operations. Senator Adam Schiff, a former federal prosecutor, commented, "It reads as if you gave a lawyer an assignment: Give me the best possible rationale for why this is legal — be as inventive as you like." He added, "If that opinion were to be adopted, it would not constrain any use of force anywhere in the world."

International reactions have been critical. Venezuelan Vice President Delcy Rodríguez condemned the strikes as extrajudicial executions, while Colombian President Gustavo Petro accused the U.S. of murder.

The OLC memo also addresses concerns about the lack of congressional authorization for the operations, asserting that the President has constitutional authority as commander in chief to order such strikes. It further argues that the operations are not covered by the War Powers Resolution, as the airstrikes do not put U.S. personnel in danger and therefore should not be interpreted as "hostilities."

Rights groups, including the American Civil Liberties Union, have filed Freedom of Information Act requests seeking the OLC's guidance and related documents regarding these lethal strikes. They express concerns over the unprecedented claims of presidential authority to use military force against individuals alleged to be affiliated with drug cartels.