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"President Trump has no legal authority to launch strikes or use military force in the Caribbean or elsewhere in the Western Hemisphere," said Sen. Tim Kaine.
With 14 people killed in the Caribbean in recent days by US forces at the direction of President Donald Trump, two Democratic senators on Friday moved to stop the Trump administration from continuing military strikes against boats that it claims are involved in drug trafficking.
Sens. Tim Kaine (D-Va.) and Adam Schiff (D-Calif.) introduced a joint resolution calling for the US to stop engaging in military hostilities that have not been authorized by Congress, days after Trump announced that US forces had killed three people whom the president claimed were part of "extraordinarily violent drug trafficking cartels" based in Venezuela.
That strike followed the killing of 11 people aboard another boat in the Caribbean earlier this month, which US officials later acknowledged had turned back toward Venezuela before the US carried out the strike—further calling into question the claim that the vessel was headed toward the US and posed a threat.
"President Trump has no legal authority to launch strikes or use military force in the Caribbean or elsewhere in the Western Hemisphere," said Kaine in a statement, adding that the administration has refused to release basic information showing it was necessary to attack the vessels.
The strikes have been condemned by legal and human rights experts as "murder" and "extrajudicial executions" of civilians—people who, if they were in fact bringing drugs to the US as the White House has claimed, would typically be confronted by law enforcement agencies instead of struck by the military.
The US Coast Guard has in the past intercepted boats and searched them to confirm suspected drug smuggling, and arrested their crews.
As Sen. Chris Murphy (D-Conn.) said last week, Trump's claim that boats are carrying fentanyl, which caused roughly 48,000 drug overdoses in the US last year, is likely inaccurate. Fentanyl is primarily trafficked from Mexico and Central America into the US, he noted, not from Venezuela.
Secretary of State Marco Rubio said earlier this month that the United Nations Office on Drugs and Crime's assessment that Venezuela is also not a major source of cocaine was of no importance to the administration.
"I don’t care what the UN says," Rubio told reporters after the first military strike in the Caribbean.
The White House has not released evidence showing that the boats were carrying drugs; after the first bombing, the president said the administration had "tapes of [the victims] speaking" that showed they were members of the Venezuelan gang Tren de Aragua, which it has designated a terrorist organization that works directly with the South American country's government—despite US intelligence agencies' finding that the group does not work with President Nicolás Maduro.
Even if the president's suspicions were correct, said Sarah Yager, Washington director at Human Rights Watch, "US officials cannot summarily kill people they accuse of smuggling drugs."
“The problem of narcotics entering the United States is not an armed conflict, and US officials cannot circumvent their human rights obligations by pretending otherwise," Yager said Thursday.
While claiming the military is targeting drug traffickers, Vice President JD Vance suggested this week that the US could mistakenly kill civilians who are not involved in drug activity, joking, "I wouldn't go fishing right now in that area of the world."
The administration has not disclosed a legal analysis of why it believes the strikes, which it has said will continue, are lawful.
Congress has not authorized any military conflict with drug cartels, and at a Senate Armed Services Committee hearing on Thursday, a nominee for a position at the Pentagon was unable to answer Democratic lawmakers' questions about the legality of the administration's strikes.
On Friday, reporting by The New York Times suggested that Republican lawmakers and the White House are working to grant the administration the legal authority to continue the strikes.
A draft bill is circulating around the White House and Congress to grant the president the power to order military strikes to carry out "the drug trafficking war."
The authority would last for five years, and longer if renewed by Congress, and would cover groups that the administration has designated terrorist organizations as well as nations that harbor those groups.
Jack Goldsmith, a former George W. Bush administration official and a Harvard Law School professor, told the Times that the legislation is "insanely broad."
"This is an open-ended war authorization against an untold number of countries, organizations, and persons that the president could deem within its scope," said Goldsmith.
Introducing their resolution on Friday, Kaine and Schiff said they do not want to prevent the US from carrying out strikes in self-defense against an "armed attack."
But, they emphasized, “the trafficking of illegal drugs does not itself constitute such an armed attack or threat.”
Yager called on Congress to also "open a prompt and transparent investigation into the decision-making process behind these attacks, including the legal rationale and chain of command.”
“The US military should immediately halt any plans for future unlawful strikes," she said, "and ensure that all military operations comply with international human rights and humanitarian law."
The US is considering "shooting down Venezuelan military aircraft" or "bombing Venezuelan military airfield," according to a report from independent journalist Ken Klippenstein.
US President Donald Trump's administration is considering launching military strikes on Venezuela, according to new reporting from independent journalist Ken Klippenstein.
Military sources on Tuesday told Klippenstein that the Trump administration is mulling an attack against Venezuela unless it cracks down on drug cartels that it claims are shipping fentanyl into the United States.
Contrary to the administration's claims, according to the US Drug Enforcement Administration and other agencies, Venezuela plays virtually no role in fentanyl manufacturing and trafficking.
Klippenstein's sources said the attack was likely to involve "shooting down Venezuelan military aircraft or by bombing Venezuelan military airfield," and that the US Air Force has been rehearsing for such a mission in recent weeks.
Such an attack would mark a dramatic escalation in the Trump administration's hostilities toward Venezuela, which escalated last week when the administration bombed a boat off the Venezuelan coast that it alleged was carrying drug traffickers.
Many legal experts were quick to condemn the strike as a violation of maritime law. Republican Sen. Rand Paul of Kentucky was among those who condemned the military attack on suspected drug smugglers without due process.
A leaked Department of Homeland Security memo obtained by Klippenstein gives clues as to why the administration is taking an aggressive military posture toward Venezuela.
Specifically, writes Klippenstein, the memo gives insight into the administration's view that Venezuelan leader Nicolás Maduro is actually in charge of the Tren de Aragua cartel and is giving it orders to poison American citizens by getting them addicted to drugs.
However, Klippenstein cautions that this view of Maduro as the commander of an international drug cartel is not backed up by US intelligence agencies.
"A declassified assessment prepared by the National Intelligence Council concluded in April that the Maduro regime 'probably does not have a policy of cooperating with TdA and is not directing TdA operations in the United States,'" he noted.
Klippenstein closed his report by likening the situation to the buildup to the 2003 Iraq War, but with fentanyl taking the place of "weapons of mass destruction" as the purported casus belli.
"Similar to the 'debate' about Saddam's WMD, Democrats in Congress are busy discussing whether the strike on a small drug boat was legal and complaining that they weren't briefed on the operation," he wrote. "The fundamental question—is there any evidence that the Venezuela government is directing fentanyl into the U.S.?—is hardly ever asked. And most importantly, would bombing Venezuela do anything to reduce the flow of drugs into the U.S.?"
The Trump administration may present this as some magic solution that will win the drug war once and for all, but the reality is bullets and bombs have been lobbed at the narco traffickers repeatedly to little positive effect.
In 2020, during the last year of the Trump administration’s first term, U.S. President Donald Trump asked then-Defense Secretary Mark Esper a shocking question: Why can’t the United States just attack the Mexican cartels and their infrastructure with a volley of missiles?
Esper recounted the moment in his memoir, using the anecdote to illustrate just how reckless Trump was becoming as his term drew to a close. Those missiles, of course, were never launched, so the entire interaction amounted to nothing in terms of policy.
Yet five years later, Trump still views the Mexican cartels as one of Washington’s principal national security threats. His urge to take offensive action inside Mexico has only grown with time. Unlike in Trump’s first term, using the U.S. military to combat these criminal organizations is now a mainstream policy option in Trump’s Republican Party. According to The New York Times, Trump has signed a presidential directive allowing the Pentagon to begin using military force against specific cartels in Latin America, and U.S. military officials are now in the process of studying various ways to go about implementing the order.
While this may come as a shock to some foreign policy commentators, it shouldn’t. Trump, Vice President JD Vance, Defense Secretary Pete Hegseth, U.S. Ambassador to the United Nations (and short-lived national security adviser) Mike Waltz, and U.S. Ambassador to Mexico Ron Johnson have all left the door open to military force, whether it takes the form of striking fentanyl-production facilities by air or deploying U.S. special operations forces to take out top cartel leaders on Mexican soil.
Effectively declaring war on Mexico, America’s top trading partner and neighbor with which we share a nearly 2,000 mile-long border, presents the illusion of progress without actually making any.
The Trump administration wasted no time going down this road. The Central Intelligence Agency is engaging in more surveillance flights along the U.S.-Mexico border, and inside Mexican airspace, to gather information on key cartel locations. The U.S. national security bureaucracy was already in preliminary discussions about the possible use of drone strikes against the cartels as well. And on February 20, the U.S. State Department designated six Mexican cartels as foreign terrorist organizations, which is designed to deter Americans from working with the cartels and lay the foundation for future strikes.
This is all good politics for Trump, who recognizes implicitly that getting tough on Mexico economically and politically is red meat for his base. But politics isn’t nearly as important as policy, and the policy implications of U.S. military operations in Mexico—even if the purpose is a noble one—is riddled with costs and make managing the problems the Trump administration ostensibly cares about even harder.
First, we should remember one thing right off the bat: Using the military to tackle cartels is not a new phenomenon. The Trump administration may present this as some magic solution that will win the drug war once and for all, but the reality is bullets and bombs have been lobbed at the narco traffickers repeatedly to little positive effect. Successive Mexican governments since the turn of the century, from the conservative Felipe Calderón to the leftist Andres Manuel López Obrador (AMLO), have relied on the military under the presumption this was the best way the Mexican state could pressure criminal organizations into extinction.
Calderón, for instance, declared a full-blown war on the cartels immediately after his election in 2006, deploying tens of thousands of Mexican troops into some of the country’s most violent states. Despite lambasting the military-first strategy during his own presidential campaign, Enrique Peña Nieto largely continued Calderón’s strategy with a special emphasis on targeting so-called “kingpins” of the narco-trafficking world. When AMLO entered office in 2018, he tried to get the Mexican army back into the barracks but wound up expanding their authority and rushing Mexican soldiers into hot spots, like Culiacan, whenever large-scale violence broke out.
The result was a bloodbath. Rather than submit to the state’s diktats, the cartels fought the Mexican state with ever greater levels of force. Politicians, police officers, and soldiers were all targeted and killed with greater frequency. Areas of Mexico previously insulated from cartel violence were suddenly drawn into the maelstrom. Although senior narco traffickers were killed and captured in the process, Mexico’s cartel landscape was shattered into a million different pieces; as my colleague Christopher McCallion and I wrote in July, the demise of the cartel’s senior leadership merely opened up these organizations to extreme bouts of infighting between replacements who sought to grab the crown.
The end product was a massive uptick in Mexico’s homicide rate, which is now three times greater than it was before Calderón declared war almost two decades ago.
Of course, the Trump administration is unlikely to mimic the Mexican government’s past strategy entirely. It’s hard to envision tens of thousands of U.S. troops deploying to Tamaulipas, Guanajuato, or Sinaloa, sealing off neighborhoods, establishing checkpoints, and conducting offensive operations against cartels that in some instances have more firepower than the Mexican army. If Washington is going to do anything militarily, it’s more likely to come in the form of air power. Bombing fentanyl manufacturing plants would be more economical and wouldn’t involve U.S. ground forces, so the risk to U.S. personnel would be much lower.
Still, if the objective is to bomb the cartels into submission or convince them to stop producing and shipping drugs across America’s southern border, then an air campaign will fall flat. We can say this with a reasonable degree of certainty because there’s first-hand experience to go by. The U.S. Air Force did something similar in Afghanistan in 2017-2018, taking out opium labs in Taliban-controlled areas to deprive the Taliban insurgency of the revenue it needed to wage the war.
But as the Special Inspector General of Afghanistan Reconstruction reported, the bombing campaign failed to do anything of significance. The U.S. air campaign didn’t dent the Taliban’s revenue streams to the point where it made a negotiated resolution on U.S. terms possible. As David Mansfield, the world’s leading expert on Afghanistan’s drug patterns, wrote in a 2019 report, “It is hard to see how the campaign offered anything in terms of value for money, with the cost of the strikes and ordnance used far outweighing the value of the losses to those involved in drugs production or potential revenues to the Taliban.”
Why would Mexico be any different than Afghanistan? If anything, denting cartel revenue via an air campaign would be even more difficult than it was with respect to the Taliban. Unlike heroin, fentanyl is a synthetic drug that can be easily produced, isn’t particularly labor intensive, and doesn’t require acres upon acres of poppy fields that can be easily located. Sure, the United States is bound to find some of these facilities, but the cartels responsible for production will still have a monetary incentive to set up shop somewhere else. Fentanyl nets the cartels billions of dollars every year; this is a very large financial resource that the Sinaloa and New Jalisco Generation cartels—or frankly anyone in the business—will be hard pressed to pass up.
And if even if they magically did find a new line of work, other players would step into the void to increase their own market share.
These are only several problems associated with treating the U.S. military as a panacea to the drug problem. But the important thing to take away is that effectively declaring war on Mexico, America’s top trading partner and neighbor with which we share a nearly 2,000 mile-long border, presents the illusion of progress without actually making any. And it will inject immense tension in a U.S.-Mexican relationship that Washington should be strengthening, not undermining.