“military personnel not only “can refuse illegal orders”; they have an obligation to do so. Lederman also cited The Commander’s Handbook on the Law of Naval Operations, which similarly recognizes an exception to the general rule that “an order requiring the performance of a military duty to act may be inferred to be lawful, and it is disobeyed at the peril of the subordinate.” The handbook says that inference “does not apply to a patently illegal order, such as one that directs the commission of a crime.” The first example it offers—”an order directing the murder of a civilian [or] a noncombatant”—is clearly relevant to Trump’s bloodthirsty anti-drug strategy.
Trump has tried to justify that strategy in various ways: by conflating drug smuggling with violent aggression, by describing the men whose deaths he has ordered as members of “foreign terrorist organizations,” by asserting a “noninternational armed conflict,” and by preposterously claiming that “we save 25,000 lives” with each boat that is destroyed (which would add up to more than half a million deaths supposedly prevented so far). These arguments have been widely rejected by experts on the law of war.”
Multiple high level military men have stepped down as the Trump administration appears to murder suspected drug traffickers. The administration showed their intel justifying the strikes only to some Republican Congressmen rather than to members of both parties, so Congress as a whole can’t even analyze the justifications.
“A few scenarios are possible. One is that the U.S. really is striking narcotraffickers, and that either their families don’t know their dead relatives are narcotraffickers or are obfuscating. Another possibility is that the U.S. is striking innocent fisherman and calling them narcotraffickers. There could, of course, be a mix of smugglers and fishermen.
But the U.S. government is almost definitely acting illegally here. These people are not combatants. We don’t know if they’re affiliated with groups designated terrorist organizations. Congress has not approved these strikes, and Trump doesn’t even appear to be seeking retroactive approval. When some senators did try to check Trump via the War Powers Act, it didn’t go all that well. And rest assured that Petro, Maduro, and all other who stand to profit are going to keep milking this for all it’s worth, using Trump’s inevitable screw-ups as a means of distracting from their own misbehavior.”
“Colombian President Gustavo Petro says one of the “narcoterrorists” recently killed by U.S. military strikes on boats in the Caribbean was a “fisherman” who had “no ties to the drug trade.” That man’s death, one of at least 32 ordered by President Donald Trump, therefore qualified as “murder,” Petro declared on Saturday.
That much would be true even if the dead man, whom Petro identified as a Colombian citizen named Alejandro Carranza, really was smuggling drugs. Trump’s new policy of summarily executing drug suspects simultaneously corrupts the mission of the armed forces, erasing the traditional distinction between civilians and combatants, and violates long-standing principles of criminal justice, imposing the death penalty without statutory authorization or any semblance of due process.
On September 15, U.S. forces blew up a boat that Trump said was “in International Waters transporting illegal narcotics,” killing three men he described as “confirmed narcoterrorists from Venezuela.” But according to Petro, the attack that killed Carranza happened in Colombian waters, and the target was a “Colombian boat” that “was adrift and had its distress signal up due to an engine failure.”
Trump reacted angrily to that charge on Sunday, calling Petro “an illegal drug leader” who is “strongly encouraging the massive production of drugs…all over Colombia.” He said the U.S. government would punish Petro by ending all “payments and subsidies” to his country.
Notably, Trump did not actually contradict Petro’s claim that Carranza had been erroneously identified as a Venezuelan “narcoterrorist.” And Trump has repeatedly acknowledged that his bloodthirsty anti-drug strategy could threaten innocent fishermen.
After the first strike on an alleged drug boat in early September, Trump joked about the potential for lethal mistakes: “I think anybody that saw that is going to say, ‘I’ll take a pass.’ I don’t even know about fishermen. They may say, ‘I’m not getting on the boat. I’m not going to take a chance.'”
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Trump claims drug traffickers are “murdering” Americans because some of their customers—about 82,000 last year—die after consuming their products. By the same logic, alcohol producers and distributors, who supply a product implicated in an estimated 178,000 deaths a year in the United States, likewise are guilty of murder.
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The Trump administration also argues that the U.S. government is engaged in an “armed conflict” with drug cartels, which makes the boat strikes consistent with the law of war. That claim, Cardozo Law School professor Gabor Rona says, is “utterly without precedent in international law.”
Geoffrey Corn, formerly the U.S. Army’s senior adviser on the law of war, agrees. “This is not stretching the envelope,” he told The New York Times. “This is shredding it.”
Trump, in short, is killing people without a legal justification. There is a word for that.”
“Somewhere off the coast of Venezuela, a speedboat with 11 people on board is blown to smithereens. Vice President J.D. Vance announces that “killing cartel members who poison our fellow citizens is the highest and best use of our military.”
When challenged that killing citizens without due process is a war crime, the vice president responded that he “didn’t give a shit.”
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But over 20,000 people are murdered in the U.S. each year, and yet somehow we find a way to a dispassionate dispensation of justice that includes legal representation for the accused and jury trial.
Why? Because sometimes the accused is actually not guilty.
As passions subside, a civilized people should ask: To be clear, the people bombed to smithereens were guilty, right?
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The administration has maintained that the people blown to smithereens were members of Tren de Aragua and therefore narcoterrorists.
Certainly, then, if we know they belong to a particular gang, then someone must surely have known their names before they were blown to smithereens?
At the very least, the government should explain how the gang came to be labelled as terrorists. U.S. law defines a terrorist as someone who uses “premeditated, politically motivated violence…against non-combatants.” Since the U.S. policy is now to blow people to smithereens if they are suspected of being in a terrorist gang, then maybe someone could take the time to explain the evidence of their terrorism?
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Few independent legal scholars argue the strikes are legal. Even John Yoo—a former deputy assistant attorney general under President George W. Bush, who infamously authored the Bush administration’s legal justification for “enhanced interrogation techniques”—has criticized the Trump administration’s justification for the strikes, saying: “There has to be a line between crime and war. We can’t just consider anything that harms the country to be a matter for the military. Because that could potentially include every crime.””
The United States military is making extrajudicial illegal killings of potential drug traffickers, apparently killing a boat of Colombians this time. The U.S. is threatening a regime change war with Venezuela.
“Most U.S. drug traffickers are Americans, but the president is ordering extrajudicial maritime killings while ignoring the domestic demand that drives the market.”
“Vice President J.D. Vance was almost incredulous when a reporter asked him what “legal authority” the Trump administration used to blow up an alleged drug boat off the coast of Venezuela with a drone on Tuesday. “There are people who are bringing—literal terrorists—who are bringing deadly drugs into our country,” Vance said.
Why are they “literal terrorists”? Because the administration said so. President Donald Trump declared just after taking office that he would be designating drug cartels as terrorist organizations. One of them was Tren de Aragua, the organization accused of sending out the drug boat. (The administration tends to play fast and loose with labeling things Tren de Aragua; for all its criminal activities, the gang is not known to smuggle cocaine.) After the drone strike, multiple cabinet officials made sure to use the phrase “narco-terrorist organization.”
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A terrorist can be anyone the White House declares: an American journalist, a suspected drug smuggler, or another government. The only requirement seems to be that the terrorist is located outside of U.S. soil.
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Deploying uniformed troops against street crime, flying (unarmed) Predator drones over protesters, blowing up suspected smugglers instead of arresting them—these images are breaking down the political distinction between the “battlefield” and the “homefront.” Last week, U.S. Border Patrol agents were photographed training with mortars during live-fire exercises in Alaska. Since when do American police need artillery?”
“It has been several months since the first major law firm brokered a deal with Trump to get out from under an executive order penalizing the firm for conducting work or hiring lawyers that the White House disfavors. Eight firms followed that precedent in order to avoid becoming targeted themselves, ultimately committing a combined total of nearly $1 billion in pro bono legal services to largely unspecified initiatives supported by the Trump administration. Four firms refused to buckle and successfully challenged the orders targeting them in federal district court in Washington, D.C.”
“The Constitution’s text is clear that Congress must authorize appropriations and the president must “take Care” that those laws are “faithfully executed.” There is no basis in constitutional text or history for the president to claim open-ended power to impound funds in the manner of the OMB memo. In 1975, the Supreme Court rejected former President Richard Nixon’s claim to be able to spend less than Congress had appropriated. That ruling would have had to come out the other way if the president had a constitutional power to impound. (Perhaps aware of this reality, OMB issued a later memo claiming the freeze was not, in fact, an “impoundment.” But this is just a semantic sleight of hand: For entities that need federal funds this or next week in particular, there is no meaningful difference.)”
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“If anything, the Supreme Court has tightened the constitutional leash on such unilateral claims of executive authority untethered from a statutory anchor. With Justice Neil Gorsuch leading the charge, it has stressed instead the need for clear authority from Congress for the exercise of any delegated power, including the power to write regulations. The OMB memo makes a mockery of those decisions by allowing the president to do with money what now isn’t allowed with regulations.
It is true that there is a scattering of past instances of impoundment. But these isolated cases largely concern foreign affairs and national security matters. In 1803, for example, Thomas Jefferson declined to spend funds for 15 gunboats for fear that they would upend secret talks with a foreign sovereign, Napoleonic France. Whatever unilateral presidential authority exists over foreign affairs cannot constitutionally be spread with reckless abandon to cover any or all domestic spending.
Past presidents have also confronted conflicts between a legislative command and Congress’ failure to appropriate funds to execute that command. There, presidents are forced to make a choice between dueling statutory orders. Courts rarely address these conflicts. But it is striking to note that in a 2012 case involving competing mandates, the Supreme Court rejected the executive’s claim to be able to withhold promised funds.”
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“The impoundment power Trump’s White House asserts would drive a stake through Congress’ constitutional authority.
Exactly like the line-item veto invalidated by the Supreme Court in 1998, the claimed impoundment power is de facto power to selectively edit duly enacted laws. This claimed nonenforcement should elicit whiplash among conservatives. After all, it was red states such as Texas, aided by Trump’s adviser Stephen Miller, that once excoriated the Biden administration for negating federal laws on immigration via nonenforcement. (The Biden administration, however, could point to statutory conflicts that don’t exist in this case.)”