Federal Judge Rejects Trump's Rationale for Hiding Memo on 'Cold-Blooded Murder' at Sea

A key memo from the Office of Legal Counsel at President Donald Trump's Department of Justice has underpinned the administration's yearlong campaign of bombing boats in the Caribbean Sea and eastern Pacific Ocean, and the White House has been adamant that the document should be kept secret.

But on Wednesday, Judge Paul Engelmayer in the US District Court for the Southern District of New York rejected the administration's rationale for keeping the memo hidden, saying that the Department of Defense and US Southern Command have adopted its contents as its "working law" while conducting 70 strikes on boats and killing at least 234 people who officials claimed, without evidence, were "narco-terrorists."

After the ACLU and the Center for Constitutional Rights (CCR) filed a Freedom of Information Act request calling for the release of the 40-page memo, the administration argued it needed to remain secret to protect confidential deliberations and attorney-client communications.

Engelmayer noted that administration officials have repeatedly cited the memo in public statements to explain why it was bombing dozens of boats that it claimed were operated by drug cartels—which experts and family members of some of the victims have called into question.

“The agency defendants cannot claim surprise from this consequence of the executive branch’s repeated public statements embracing the OLC memo—and it only—as setting out the legal parameters for the boat strikes,” Engelmayer wrote.

Jeffrey Stein, staff attorney with the ACLU's National Security Project, called the order "a huge step in the right direction of ensuring that the government does not get to summarily execute people based on secret law."

“The public deserves to know how our government is justifying the cold-blooded murder of hundreds of civilians," said Stein.

The judge ordered the administration to turn the memo over to him so he can determine whether it should be released to the public. He also ordered officials to provide information about who has seen the memo and how they have used it, and called on the administration to provide details on whether the memo could be protected from public view as a "closely held presidential advice document."

Engelmayer gave the administration until October 14 to comply with the order.

The boat strikes have been carried out as part of Trump's stated push to defeat drug cartels in Latin America. Sen. Tim Kaine (D-Va.) has pointed out that there is little evidence the administration is ensuring it is targeting drug boats, as the presence of drugs on a boat has not been identified as "targeting criteria" for the operation in congressional briefings. Some victims have been identified as fishermen and other people who had little, if any, involvement with drug trafficking.

Beyond that, legal experts say that even if the 234 victims were drug traffickers, the boat bombings constitute extrajudicial killings and violations of international law—something Trump himself appeared to brag about last week when he said at the United Nations General Assembly that "we don’t waste our time" addressing alleged drug crimes in the court system.

“No president can arbitrarily assassinate people from the sky based on their sole say-so,” said Baher Azmy, legal director for CCR. “If the OLC opinion seeks to dress up the obvious illegality of these serial murders in legalese to provide Trump cover, the public needs to see that analysis and ultimately hold accountable all those who facilitate murder in the United States’ name.”