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"Congress has the sole constitutional responsibility to declare war and to authorize the use of force," notes a joint letter to the president. "You have failed to secure such authorization for these strikes."
Top Democratic members of key committees in the US House are demanding President Donald Trump come clean on the legal justification for extrajudicial bombings of alleged drug trafficking vessels in the Caribbean Sea over recent weeks, attacks which international law experts have called "patently illegal" and "murder" by executive fiat.
In addition to providing any legal justification for the lethal attacks, which have reportedly killed 21 individuals, a letter signed by five Democratic lawmakers demands to know which so-called "drug trafficking organizations" have been identified explicitly by the Trump administration for these targeted executions on the high seas.
"Congress has the sole constitutional responsibility to declare war and to authorize the use of force. You have failed to secure such authorization for these strikes," the letter states. "Further, the Administration’s severe lack of transparency and failure to share critical information with Congress prevents Congress from conducting constitutionally ordained oversight of the Executive Branch."
The one-page letter sent to the White House Tuesday was signed by Reps. Jamie Raskin (D-Md.), ranking member of the House Committee on the Judiciary; Adam Smith (D-Wash.), Ranking Member of the House Armed Services Committee; Gregory W. Meeks (D-N.Y.), ranking member of the House Foreign Affairs Committee; Jim Himes (D-Conn.), ranking member of the House Permanent Select Committee on Intelligence; and Bennie Thompson (D-Miss.), ranking member of the House Committee on Homeland Security.
The letter to Trump states:
Per your Administration’s sparse reporting to Congress, you have determined that certain cartels are “non-state armed groups,” that you have “designated them as terrorist organizations,” and that you have “determined that their actions constitute an armed attack against the United States.”
However, your Administration has not identified any of the specific organizations you have determined to be included as designated terrorist organizations, nor the criteria or process used for making such determinations. You have also failed to specify the authority under which the Administration is able to designate affiliates of certain drug trafficking organizations as enemy combatants for the purpose of undertaking lethal strikes. We request that you immediately provide a list of all designated terrorist organizations to Congress, along with the associated determination criteria or methodologies used. In addition, you have not provided Congress with details regarding the intelligence associated with these strikes.
During a hearing before the US Senate on Tuesday, Attorney General Pam Bondi refused to answer questions about any legal guidance the Trump White House may have received from the DOJ about the bombings.
"I'm not going to discuss any legal advice that my department may or may not have given or issued at the direction of the president on this matter," Bondi told Sen. Chris Coons (D-Del.), who sits on both the Judiciary and Foreign Affairs committees.
Trump openly confessed to the terrorizing effects the US bombings are having in Venezuela by saying that local civilians have now abandoned the maritime region where the bombings have occurred.
“We’re so good at it that there are no boats—in fact, even fishing boats,” Trump said last week during a speech to military leaders at the Quantico Marine Base in Virginia. “Nobody wants to go into the water anymore.”
The letter from the five House lawmakers argues that the Trump administration "has not provided significant details with respect to the legal justification for these strikes beyond vague assertions of Article II powers."
While the lawmakers acknowledge that a president's authorities under Article II are significant, "they are not limitless."
"It is our understanding that the Department of Defense has determined strikes against designated terrorist organizations are legal on the basis of a legal opinion produced by the Department of Justice," the letter states. "We ask that you provide that legal opinion to Congress immediately."
Legal scholars have said there should be grave concern about the nature of the extrajudicial attacks, the latest of which occurred last week, killing a reported four people on board.
"The strike was conducted in international waters just off the coast of Venezuela while the vessel was transporting substantial amounts of narcotics—headed to America to poison our people," Hegseth claimed in a social media post on Oct. 3. Hegseth's pronouncement included no evidence whatsoever to back up his claim, but did include an unclassified video that captured the moment the vessel was struck:
Earlier this morning, on President Trump's orders, I directed a lethal, kinetic strike on a narco-trafficking vessel affiliated with Designated Terrorist Organizations in the USSOUTHCOM area of responsibility. Four male narco-terrorists aboard the vessel were killed in the… pic.twitter.com/QpNPljFcGn
— Secretary of War Pete Hegseth (@SecWar) October 3, 2025
Hegseth vowed such US bombings "will continue until the attacks on the American people are over," but again offered no clear legal argument for how boats traveling on the open sea constitute an attack on Americans living thousands of miles away.
As Matthew C. Waxman, an adjunct senior fellow for law and foreign policy at the Council on Foreign Relations, wrote on Tuesday, the attacks "could mark a major shift in US counternarcotics policy and raise legal and diplomatic questions by blurring the lines between law enforcement, interdiction, and war."
Amnesty International USA, in its assessment of the latest bombing on Oct. 3, expressed a significantly higher degree of alarm. "This is murder," the group declared. "The US government must be held accountable."
Trump simply ordered human beings erased. This isn’t just about a boat off Venezuela. It’s about whether America will allow a president, blessed by the Court, to kill without evidence, without process, without even the pretense of law.
When the Court says Trump is above the law, who speaks for the eleven dead on that boat? Their lives ended not in a battlefield crossfire or a clash between nations, but at the whim of one man emboldened by six justices who declared him untouchable.
Trump simply ordered human beings erased, confident the Court had given him immunity from any consequence and the leaders of his military would obey an illegal order. Eleven souls were sacrificed not just to his cruelty, but to a judicial betrayal that transformed the presidency into a license to kill.
For most of our history, American presidents have at least gone through the motions of cloaking lethal force in some form of legal justification.
Abraham Lincoln suspended habeas corpus during the Civil War but sought Congress’s approval. Franklin Roosevelt went to Congress for Lend-Lease before escalating aid to Britain, and sought a declaration of war against Japan. George W. Bush and Barack Obama leaned heavily on the post-9/11 Authorizations for Use of Military Force to justify everything from Afghanistan to drone strikes in Yemen and Somalia to killing Bin Laden.
It looks like Trump has taken Miller’s reported hypothetical and turned it into policy. What was once an outrageous musing has become a bloody precedent.
The principle has always been that the United States does not simply kill people without some kind of legal process. It may be stretched, it may be abused, but it has been invoked.
What Donald Trump has now done with the strike on a small boat off Venezuela’s coast is to break that tradition in a way that is both lawless and unprecedented. He gave the order to kill eleven human beings with no congressional approval, no international authorization, and no visible evidence justifying it.
This was simply murder on the high seas. And the world knows it.
He did it in the full knowledge that six Republican appointees on the Supreme Court have granted him immunity for crimes committed while in office, even international crimes. That ruling opened the door to precisely this sort of extrajudicial killing and stripped away one of the last guardrails protecting both our law and our global standing.
The official claim is that the boat carried members of the Venezuelan gang Tren de Aragua. But eleven people on a small vessel that couldn’t possibly travel as far as America doesn’t sound like a cartel’s drug shipment (typically there’s only one or two people manning such a boar); it sounds like desperate migrants fleeing a collapsing country.
That possibility makes the strike even more chilling when paired with a story Miles Taylor has told about Trump’s senior advisor Stephen Miller. Taylor recounts traveling with Miller and a Coast Guard admiral after a drug war event in Key West.
On that trip Stephen Miller asked the admiral if it would be legal to use a Predator drone to obliterate a boat full of migrants in international waters. Miller’s reasoning was that migrants weren’t covered by the Constitution, so what was to stop us from blowing them out of the water?
The admiral reportedly shot back that it would violate international law, that “you cannot kill unarmed civilians just because you want to.” At the time it was an alarming glimpse into the sadistic mind of a man who saw immigrants as less than human.
Now it looks like Trump has taken Miller’s reported hypothetical and turned it into policy. What was once an outrageous musing has become a bloody precedent.
This has profound legal and moral implications.
By attacking a vessel flying the flag of a sovereign state, Trump risked triggering a direct military confrontation. Venezuela could have fired back at American forces in the region. A firefight at sea can escalate quickly into a regional war, and Venezuela’s leader Nicolás Maduro would have every incentive to turn to Russia and China for protection.
Leaders of both of those nations are eager to deepen their presence in our hemisphere, and this gives them an opening. It’s not inconceivable that Moscow or Beijing could send ships or aircraft to Venezuela in response.
That would put foreign military forces hostile to us within thirteen hundred miles of Miami. If shots were fired between American forces and Russian or Chinese deployments in the Caribbean, the slide toward a larger war would be real, very much like the Cuban Missile Crisis of 1963 (except then we had a statesman as a president, instead of a corrupt buffoon).
World War I began with a simple assassination that pitted one nation against another and then the sinking of the civilian boat the Lusitania; this is how great power conflicts can begin. Trump’s reckless strike doesn’t just risk Venezuelan lives. It risks American troops, regional stability, and, in the most ominous scenario, world peace itself.
Meanwhile, at home, the timing is impossible to ignore. Authoritarians throughout history have turned to foreign crises to distract from domestic scandals.
Nixon expanded the war into Cambodia as Watergate began to close in. Reagan invaded Grenada days after hundreds of Marines were killed in Beirut. Trump has lived for decades under the shadow of allegations of sexual predation, including reports that Jeffrey Epstein recorded him with underage girls during the years he owned and ran Miss Teen USA.
If new evidence of that were to surface, Trump would need a distraction on a scale large enough to blot out the outrage. Creating a crisis with Venezuela, complete with martial language and threats of escalation while renaming the Department of Defense to Department of War, serves that purpose. It’s the oldest play in the authoritarian book: wag the dog.
Except this time the stakes are far higher. This time we’re dealing with a president who’s been told by six corrupted members of the highest court in the land that he’s above the law.
When Miles Taylor first revealed Miller’s macabre question about bombing migrant boats, some dismissed it as idle cruelty. It now looks like a glimpse into the inner workings of Trump’s policy mind. In this worldview, immigrants are vermin, human rights are optional, Democrats are “extremists,” and lethal force is just another tool of politics.
Combine that with the Supreme Court’s gift of immunity and you have a recipe for lawless violence on a scale America has never contemplated. The entire edifice of international law is designed to prevent precisely this sort of conduct.
Extrajudicial killings, violations of sovereignty, the targeting of civilians: these are the acts that international courts prosecute when they can, and that history condemns when courts cannot stop them.
And now we’re learning that Trump did something similar in 2019 when he was last president. He authorized a SEAL Team strike against North Korea, where they killed three civilians in a boat who were simply out fishing.
Extrajudicial killings, violations of sovereignty, the targeting of civilians: these are the acts that international courts prosecute when they can, and that history condemns when courts cannot stop them.
If America embraces this new Putin-like assertion of America’s power to bomb anybody, anywhere, on the whim of the president, we’ll have abandoned any claim to moral leadership.
Worse, we will have normalized the authoritarian logic that anyone the president labels an enemy can be eliminated without trial, without evidence, without process. We’ll have handed Xi a rationale to attack Taiwan; all he has to do is claim that a non-governmental gang within that nation is importing drugs into China (or something similar).
The international reaction has already been severe. America’s allies are horrified, our adversaries have been emboldened, and human rights groups are openly appalled.
But the real test is here at home. Do we still believe in the principle, famously cited by our second President John Adams, that America is a nation of laws and not of men? Do we still insist that presidents cannot kill at will? If Trump can strike a boat off Venezuela today, what is to stop him from ordering lethal force against dissidents, protesters, or political opponents tomorrow?
Do we still insist that presidents cannot kill at will? If Trump can strike a boat off Venezuela today, what is to stop him from ordering lethal force against dissidents, protesters, or political opponents tomorrow?
Keep in mind, the same Stephen Miller — who reportedly wanted to blow up boats of immigrants to kill more brown people — just in the past week claimed that the Democratic Party is a “domestic extremist organization.”
The doctrine of immunity means there is no legal backstop. The only remaining check is political will. And Trump’s fascist toadies are all in on more extrajudicial killings.
Yesterday, Defense Secretary Pete “Kegger” Hegseth said:
“We’ve got assets in the air, assets in the water, assets on ships, because this is a deadly serious mission for us, and it won’t stop with just this strike.”
Secretary of State “Little Marco” Rubio echoed the sentiment, saying during a speech in Mexico City yesterday that similar strikes “will happen again.”
This is why Democrats, independents, and every American who values the rule of law must call this out for what it is: an atrocity against eleven people, an assault on international norms, and a direct threat to American democracy.
Trump has shown us exactly how far he’s willing to go. He’s willing to risk a war in our hemisphere. He’s willing to put our troops in danger. He’s willing to risk drawing Putin and Xi into a confrontation with us that could spiral out of control. He’s willing to destroy lives to protect himself. And he’s doing it because six Republicans on the Supreme Court told him he could.
If Congress doesn’t act now to confront and contain this lawless behavior, if we don’t restore accountability to the presidency, then we’ll have surrendered not just our moral authority but our future.
The question is not whether Trump wants a distraction from his scandals; of course he does. The question is whether we’re willing to let Trump and his fascist toadies drag America and the world into catastrophe to get it.
This isn’t just about a boat off Venezuela. It’s about whether America will allow a president, blessed by the Court, to kill without evidence, without process, without even the pretense of law.
Eleven dead migrants are the proof of what immunity means in practice: impunity. If Trump can slaughter refugees today, what stops him from targeting dissidents, protesters, even political opponents tomorrow?
The answer, unless Congress and the people act, is nothing. And “nothing” is what those justices have left to protect us, our laws, and our humanity.
In response to reporting on President Joe Biden's review of policies governing lethal airstrikes in foreign countries and implementation of "temporary" limits on drone killings outside of designated war zones, the ACLU is telling the administration that the only acceptable reform is to permanently abolish the United States' extrajudicial overseas assassination program.
"In the name of counterterrorism, U.S. presidents have for two decades authorized unlawful, secretive, and unaccountable killing abroad," Hina Shamsi, director of the ACLU's national security project, said Thursday in a statement. "This lethal program violates domestic and international law and has caused years of devastating harm to people in the majority-Muslim countries on the receiving end of American power."
"Tinkering with the bureaucracy of this extrajudicial killing program will only entrench American abuses," Shamsi added. "It must end."
In a tweet shared Thursday, the ACLU noted that "President Biden promised to end forever wars, but his administration has yet to take meaningful action."
\u201cPresident Biden promised to end forever wars.\n\nBut his administration has yet to take meaningful action.\u201d— ACLU (@ACLU) 1614894109
Forgoing an official announcement, National Security Adviser Jake Sullivan quietly issued the order to temporarily limit drone warfare "outside conventional battlefield zones" on January 20, the day of the president's inauguration, according to the New York Times.
"The military and the CIA must now obtain White House permission to attack terrorism suspects in poorly governed places where there are scant American ground troops, like Somalia and Yemen," the Times reported. "Under the Trump administration, they had been allowed to decide for themselves whether circumstances on the ground met certain conditions and an attack was justified."
Despite having issued "interim guidance" about the so-called "targeted" use of military force, Biden illegally "revenge" bombed Syria last week without congressional approval.