The Justice Department has issued a classified opinion allowing lethal strikes against a wide range of drug cartels. This document, from the Office of Legal Counsel (OLC), claims that such groups pose an imminent threat to American citizens. The list includes cartels not publicly recognized as terrorist organizations.
Legal Justification for Strikes Against Cartels
This legal opinion is significant. It appears to authorize an extensive campaign against these groups, granting the President the authority to label suspected traffickers as enemy combatants. This could lead to summary executions without legal reviews, a departure from traditional views of drug traffickers as criminals entitled to due process.
Implications of the OLC Opinion
Experts suggest that by this legal rationale, any organization involved in drug trafficking could be seen as attacking the United States. This interpretation broadens the scope for military action significantly.
Last week, the Defense Department communicated to lawmakers that the U.S. is in an “armed conflict” with these cartels. In this context, smugglers are viewed as unlawful combatants. Sources indicate that the OLC opinion heavily influences this stance.
- Lawmakers have sought access to the legal opinion without success.
- The Justice Department has not commented publicly on the OLC findings.
- Numerous strikes on drug trafficking boats in the Caribbean have already occurred, with claims of direct links to designated terrorist cartels.
Ongoing Military Operations
To date, the U.S. military has executed at least four strikes against cartel-affiliated vessels. The latest operation resulted in four fatalities and took place last week. This escalation has raised questions among military lawyers about its legality.
While some legal experts within the Pentagon have expressed concerns, they are unable to override the OLC opinion, which is the prevailing legal interpretation endorsed by the executive branch.
Concerns Raised by Military Lawyers
According to sources, military lawyers, specifically from the Judge Advocate General’s Corps (JAG), have reservations about whether these lethal strikes are lawful. Many lawyers are hesitant to voice dissent, focusing instead on compliance with new instructions from Defense Secretary Pete Hegseth.
CIAs Expanded Role in Counter-Drug Operations
The Justice Department’s opinion is part of a broader initiative against Latin American drug cartels. This initiative includes granting the CIA expanded powers for covert action and lethal targeting.
President Donald Trump updated CIA authorities to intensify operations against cartels. This development aligns with a shift to prioritize counter-cartel actions within the intelligence community.
Future Considerations
The CIA is already flying surveillance drones over Mexico. However, the expansion of their operational mandate raises potential legal and ethical challenges, particularly concerning U.S. citizens involved in these situations.
There is an ongoing assessment to clarify CIA’s directives in counter-drug operations. The complexity of these actions presents a significant dilemma for U.S. intelligence operations in Latin America.
