Trump Administration Claims Authority too Bypass Congress on Drug War Strikes
Under a controversial legal interpretation, the Trump administration asserts it can continue lethal military operations against alleged drug traffickers without seeking congressional approval, possibly circumventing the decades-old War Powers Resolution. A senior Justice Department official informed Congress that the administration believes recent strikes against vessels in the Caribbean Sea and Pacific Ocean do not constitute “hostilities” requiring a declaration of war, according to sources familiar wiht the matter.
The justification stems from a classified legal opinion crafted by T. Elliot Gaiser, head of the Department of Justice’s Office of Legal Counsel (OLC). Gaiser briefed select lawmakers on Thursday, arguing that the strikes are not subject to the War Powers Resolution as they don’t meet the legal definition of hostilities.
According to sources, Gaiser’s argument centers on equating drug cartels with terrorist organizations and emphasizing the deaths caused by drugs entering the united States. He further asserted that the US military has not been under attack in response to these strikes, reinforcing the administration’s claim that the nation is not engaged in war.
Since early September,the US military has conducted at least 15 strikes targeting suspected drug-smuggling vessels,resulting in the deaths of 64 individuals. The most recent confirmed strike, occurring on Saturday in the caribbean, claimed three lives.
Why did this happen? The Trump administration believed it could bypass Congress by reinterpreting the War Powers Resolution, arguing that strikes against drug traffickers didn’t constitute “hostilities.” This was fueled by a desire to aggressively combat drug trafficking and, potentially, exert pressure on Venezuela.
the administration’s legal rationale has drawn criticism from legal experts, with some arguing the strikes could violate both US and international law. Democratic lawmakers, along with at least one Republican, have expressed concern over the lack of transparency surrounding the legal basis for these operations.
The trump administration initially notified Congress in early September regarding the first strike. The 1973 War Powers Resolution mandates that such a notification initiates a 60-day period, after which the administration must either halt military action, secure a congressional extension, or obtain a formal authorization for war.
However, Gaiser reportedly informed lawmakers that the administration does not intend to seek an extension of this 60-day clock, which is set to expire on Monday, asserting that the War Powers Resolution is inapplicable in this instance.
CNN first reported on the existence of the OLC opinion, which experts suggest could authorize an indefinite conflict against a clandestine list of cartels and suspected traffickers. The opinion seemingly empowers the president to designate drug traffickers as “enemy combatants,” allowing for their targeted killing without judicial oversight – a significant departure from historical practice, where those involved in drug trafficking were treated as criminals subject to due process and apprehended by the Coast Guard.
Who was involved? The key players were the Trump administration, specifically the Department of Justice (through T. Elliot Gaiser and the OLC), the US military executing the strikes, Congress receiving briefings, and legal experts offering critiques. Venezuelan President Nicolás Maduro’s government was also indirectly involved due to potential future targeting.
The White House and the Justice Department have been contacted for comment regarding the congressional briefings and the administration’s legal justification for the strikes.
The Washington Post initially reported on Gaiser’s briefing to lawmakers.
President Trump’s decision to designate certain drug cartels as foreign terrorist organizations via executive order early in his second term provided the US military with increased authority to target them. These strikes have coincided with heightened pressure on the government of Venezuelan President Nicolás Maduro.
Furthermore, Trump is reportedly considering plans to target cocaine production
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