The Trump administration has produced a secret memo justifying lethal strikes on alleged drug smugglers in Latin America by claiming that the target is narcotics, not people. According to sources, the memo was crafted by the Justice Department's Office of Legal Counsel and claims that the cargo on these boats constitutes a legitimate military objective under international law.
The memo relies on a theory known as the "revenue generating target theory," which posits that the sale of drugs by these cartels is a lawful target because it generates revenue for the cartel leaders. According to this theory, the civilians aboard these boats are considered collateral damage and their deaths would be excused through a proportionality analysis tied to the military advantage gained by the attack.
However, experts say this reasoning is flawed and appears to have been crafted to suit a political decision already made by the White House. The Trump administration has previously claimed that the victims belonged to an unspecified designated terrorist organization or DTO (drug trafficking organization), but the memo suggests that these killings are lawful under domestic law.
The memo's contents differ from President Donald Trump's public statements on the killings, which have portrayed the strikes as part of a broader effort to combat narco-terrorists. Experts warn that the strikes are likely illegal extrajudicial killings because they involve deliberately targeting civilians who do not pose an imminent threat of violence.
Critics of the administration's actions say that the memo represents "legal backfilling," attempting to justify actions that would otherwise be considered unlawful or unconstitutional. One expert described it as "legal Mad Libs," saying that the memo relies on a "catch-all" theory that throws together terms and concepts without providing any real substance.
The White House has refused to comment on the memo, but Pentagon officials have defended the strikes as lawful orders that are protected under domestic law. The Justice Department's Office of Legal Counsel has produced the memo after senior defense officials expressed reservations about the legality of the strikes.
As a result of these actions, several high-ranking military and government officials, including Adm. Alvin Holsey and Rear Adm. Milton Sands III, have faced criticism for their roles in authorizing or supporting the strikes.
The controversy surrounding the Trump administration's lethal strikes on alleged drug smugglers raises serious questions about the limits of executive power and the rule of law in the United States.
The memo relies on a theory known as the "revenue generating target theory," which posits that the sale of drugs by these cartels is a lawful target because it generates revenue for the cartel leaders. According to this theory, the civilians aboard these boats are considered collateral damage and their deaths would be excused through a proportionality analysis tied to the military advantage gained by the attack.
However, experts say this reasoning is flawed and appears to have been crafted to suit a political decision already made by the White House. The Trump administration has previously claimed that the victims belonged to an unspecified designated terrorist organization or DTO (drug trafficking organization), but the memo suggests that these killings are lawful under domestic law.
The memo's contents differ from President Donald Trump's public statements on the killings, which have portrayed the strikes as part of a broader effort to combat narco-terrorists. Experts warn that the strikes are likely illegal extrajudicial killings because they involve deliberately targeting civilians who do not pose an imminent threat of violence.
Critics of the administration's actions say that the memo represents "legal backfilling," attempting to justify actions that would otherwise be considered unlawful or unconstitutional. One expert described it as "legal Mad Libs," saying that the memo relies on a "catch-all" theory that throws together terms and concepts without providing any real substance.
The White House has refused to comment on the memo, but Pentagon officials have defended the strikes as lawful orders that are protected under domestic law. The Justice Department's Office of Legal Counsel has produced the memo after senior defense officials expressed reservations about the legality of the strikes.
As a result of these actions, several high-ranking military and government officials, including Adm. Alvin Holsey and Rear Adm. Milton Sands III, have faced criticism for their roles in authorizing or supporting the strikes.
The controversy surrounding the Trump administration's lethal strikes on alleged drug smugglers raises serious questions about the limits of executive power and the rule of law in the United States.