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"If Trump is using this justification to use military force on any individuals he chooses... what’s stopping him from designating anyone within our own borders in a similar fashion and conducting lethal, militarized attacks against them?"
A Democratic senator is raising concerns about President Donald Trump potentially relying on the same rationale he's used to justify military strikes on purported drug trafficking vessels to kill American citizens on US soil.
In an interview with the Intercept, Sen. Tammy Duckworth (D-Ill.) argued that Trump's boat strikes in the Caribbean and the Pacific Ocean have been flatly illegal under both domestic and international law.
Diving into specifics, Duckworth explained that the administration has been justifying its boat-bombing spree by arbitrarily declaring suspected drug traffickers as being part of "designated terrorist organizations," which the senator noted was "not grounded in US statute nor international law, but in solely what Trump says."
Many other legal experts have called the administration's strikes illegal, with some going so far as to call them acts of murder.
Duckworth, a military veteran, also said it was not a stretch to imagine Trump placing terrorist designations on US citizens as well, which would open up the opportunity to carry out lethal strikes against them.
"If Trump is using this justification to use military force on any individuals he chooses—without verified evidence or legal authorization—what’s stopping him from designating anyone within our own borders in a similar fashion and conducting lethal, militarized attacks against them?" Duckworth asked. "This illegal and dangerous misuse of lethal force should worry all Americans, and it can’t be accepted as normal."
Independent journalist Ken Klippenstein reported last week that Attorney General Pam Bondi recently wrote a memo that directed the Department of Justice (DOJ) to compile a list of potential “domestic terrorism” organizations that espouse “extreme viewpoints on immigration, radical gender ideology, and anti-American sentiment.”
The memo expanded upon National Security Presidential Memorandum-7 (NSPM-7), a directive signed by Trump in late September that demanded a “national strategy to investigate and disrupt networks, entities, and organizations that foment political violence so that law enforcement can intervene in criminal conspiracies before they result in violent political acts."
The Intercept revealed that it reached out to the White House, the DOJ, and the US Department of Defense and asked whether the tactics used on purported Caribbean drug traffickers could be deployed on the US citizens that wind up on Bondi's list of extremists. All three entities, reported the Intercept, "have, for more than a month, failed to answer this question."
The DOJ, for instance, responded the Intercept's question about using lethal force against US citizens by saying that "political violence has no place in this country, and this Department of Justice will investigate, identify, and root out any individual or violent extremist group attempting to commit or promote this heinous activity."
Rebecca Ingber, a former State Department lawyer and current professor at Cardozo Law School, told the Intercept that the administration's designation of alleged cartel members as terrorists shows that there appears to be little limit to its conception of the president's power to deploy deadly force at will.
“This is one of the many reasons it is so important that Congress push back on the president’s claim that he can simply label transporting drugs an armed attack on the United States and then claim the authority to summarily execute people on that basis," Ingber explained.
The Intercept noted that the US government "has been killing people—including American citizens, on occasion—around the world with drone strikes" for the past two-and-a-half decades, although the strikes on purported drug boats represent a significant expansion of the use of deadly force.
Nicholas Slayton, contributing editor at Task and Purpose, pointed the finger at former President Barack Obama for pushing the boundaries of drone warfare during his eight years in office.
"Really sucks that Obama administration set a legal precedent for assassinating Americans," he commented on Bluesky.
"Deploying an aircraft carrier and US Southern Command assets to destroy small yolas and wooden boats is not only unlawful, it is an absurd escalation," said one scholar.
Multiple scholars at the Princeton School of Public and International Affairs on Wednesday spoke out against the Trump administration's campaign of bombing suspected drug boats, with one going so far as to call them acts of murder.
Eduardo Bhatia, a visiting professor and lecturer in public and international affairs at Princeton, argued that it was "unequivocal" that the attacks on on purported drug boats are illegal.
"They violate established maritime law requiring interdiction and arrest before the use of lethal force, and they represent a grossly disproportionate response by the US," stressed Bhatia, the former president of the Senate of Puerto Rico. "Deploying an aircraft carrier and US Southern Command assets to destroy small yolas and wooden boats is not only unlawful, it is an absurd escalation that undermines regional security and diplomatic stability."
Deborah Pearlstein, director of the Program in Law and Public Policy at Princeton, said that she has been talking with "military operations lawyers, international law experts, national security legal scholars," and other experts, and so far has found none who believe the administration's boat attacks are legal.
Pearlstein added that the illegal strikes are "a symptom of the much deeper problem created by the purging of career lawyers on the front end, and the tacit promise of presidential pardons on the back end," the result of which is that "the rule of law loses its deterrent effect."
Visiting professor Kenneth Roth, former executive director of Human Rights Watch, argued that it was not right to describe the administration's actions as war crimes given that a war, by definition, "requires a level of sustained hostilities between two organized forces that is not present with the drug cartels."
Rather, Roth believes that the administration's policy should be classified as straight-up murder.
"These killings are still murders," he emphasized. "Drug trafficking is a serious crime, but the appropriate response is to interdict the boats and arrest the occupants for prosecution. The rules governing law enforcement prohibit lethal force except as a last resort to stop an imminent threat of death or serious bodily injury, which the boats do not present."
International affairs professor Jacob N. Shapiro pointed to the past failures in the US "War on Drugs," and predicted more of the same from Trump's boat-bombing spree.
"In 1986, President Ronald Reagan announced the 'War on Drugs,' which included using the Coast Guard and military to essentially shut down shipment through the Caribbean," Shapiro noted. "The goal was to reduce supply, raise prices, and thereby lower use. Cocaine prices in the US dropped precipitously from 1986 through 1989, and then dropped slowly through 2006. Traffickers moved from air and sea to land routes. That policy did not work, it's unclear why this time will be different."
The scholars' denunciation of the boat strikes came on the same day that the US seized an oil tanker off the coast of Venezuela in yet another escalatory act of aggression intended to put further economic pressure on the government of Venezuelan President Nicolás Maduro.
One former Navy lawyer said the Trump administration "might not want to get into the messy issues involving detention and habeas corpus lawsuits.”
Pentagon officials asked about sending survivors of US boat strikes in the Caribbean Sea and Pacific Ocean to a notorious maximum security prison in El Salvador in a bid to keep them out of American courts—where the Trump administration's high seas extrajudicial killing spree would be subject to legal scrutiny.
New details published Tuesday by the New York Times revealed that attorneys at the US Department of Defense inquired about whether two survivors of an October 16 strike on a boat allegedly smuggling drugs in the southern Caribbean could be sent to El Salvador’s Terrorism Confinement Center (CECOT), where the Trump administration has shipped ihundreds of mostly Venezuelan victims of its mass deportation campaign.
The prison—the centerpiece of right-wing Salvadoran President Nayib Bukele’s war on crime—has been plagued by allegations of torture and other abuse.
One Trump administration official speaking on condition of anonymity told the Times that State Department lawyers were "stunned" by the query. The two boat strike survivors were ultimately returned to Colombia and Ecuador, their home countries.
Other unnamed officials told the newspaper that repatriations—either to survivors' home countries or to third nations—would become the administration's default plan for dealing with anyone who lived through the US attacks.
The goal, the officials said, was to avoid trying boat strike survivors in US courts, where the discovery process would compel the Trump administration—which has offered no concrete evidence to support its claims that the targeted vessels were carrying drugs—to provide legal justification for attacks that experts say are illegal.
The Pentagon's inquiry followed a September 2 "double-tap" strike on a vessel carrying 11 passengers. Two men survived the initial bombing but were killed in a second strike. Since then, at least 76 other people have been killed in 23 boat strikes reported by the Trump administration.
In addition to the two men who initially survived the September 2 strike and the two repatriated survivors of the October 16 attack, one other person who lived through a boat bombing was left adrift at sea and is presumed dead.
Some observers have noted similarities between the Trump administration's goal of keeping boat strike survivors out of US courtrooms and War on Terror policies and practices—first implemented during the George W. Bush administration—such as extraordinary rendition, the use of Central Intelligence Agency "black sites," and imprisonment of terrorism suspects at Guantánamo Bay in Cuba—designed to circumvent the law.
While the Trump administration previously sent migrants captured during its crackdown to Guantánamo, sending boat strike survivors to the lockup allow their lawyers to sue for habeas corpus, a right granted by the US Supreme Court in its 2008 Boumediene v. Bush decision.
The Trump administration has revived the term "unlawful enemy combatant"—which was used by the Bush administration to classify people caught up in the War on Terror in a way that skirts the law—to apply to boat strike survivors. The Pentagon has also called such survivors "distressed mariners," a term that normally applies to civilians stranded at sea.
“If we’re in a war, they should be using the term ‘shipwrecked survivors,’” Mark Nevitt, a former Navy lawyer who is now a law professor at Emory University, told the Times. “My theory is they might not want to get into the messy issues involving detention and habeas corpus lawsuits.”
Relatives of men killed in the strikes, as well as officials in Venezuela and Colombia, say that at least some of the victims were fishermen who were not linked to the illicit drug trade. One expert said last month that even in cases of vessels that were involved in drug trafficking, the bombings were "the equivalent of straight-up massacring 16-year-old drug dealers on US street corners.”
Even if the men targeted in the boat strikes were running drugs, "the appropriate response is to interdict the boats and arrest the occupants for prosecution," former Human Rights Watch executive director Kenneth Roth said Wednesday.
"The rules governing law enforcement prohibit lethal force except as a last resort to stop an imminent threat of death or serious bodily injury," he added, "which the boats do not present."