A bipartisan trio of former federal ethics officials and several major civil liberties groups are pressing for internal scrutiny—and public disclosure—of the Justice Department memo that authorized a series of lethal U.S. military strikes on suspected drug-smuggling boats in the Caribbean and eastern Pacific. Senate Judiciary Committee Democrats have separately requested the Department’s legal analysis, writing that the killings raise significant questions about “adequate legal guidance” provided to military decision-makers.
U.S. forces have executed more than 20 such strikes since early September, killing over 80 people. President Trump has defended the campaign as lawful and necessary, saying drug shipments represent an “armed attack” on Americans. “We have legal authority. We’re allowed to do that”.
In a letter sent Tuesday, Norm Eisen, Richard Painter and Virginia Canter urged the Justice Department’s Office of Professional Responsibility to launch an “immediate investigation” into whether attorneys in the Office of Legal Counsel (OLC) violated professional standards when drafting guidance that, according to a Washington Post report, concluded that “personnel taking part in military strikes on alleged drug-trafficking boats in Latin America would not be exposed to future prosecution.”
The officials argued that the opinion effectively granted “free rein for the government to murder and assassinate foreign civilians,” and questioned whether the OLC acted independently or simply ratified the administration’s position. They also challenged the Trump administration’s assertion that the U.S. is engaged in a “non-international armed conflict” with drug cartels—an argument legal scholars have repeatedly disputed.
Eisen told CBS News that experts agree the legal foundation for the strikes “does not withstand basic scrutiny.” Painter added that the OLC appears to have provided little more than a political “fig leaf.” A Justice Department spokesperson, however, said the operations were conducted “consistent with the law of armed conflict.”
Also on Tuesday, the ACLU, the New York Civil Liberties Union, and the Center for Constitutional Rights filed a federal lawsuit seeking immediate access to the OLC opinion and related documents. The complaint argues that the public has a right to understand how the government justifies what the organizations describe as illegal killings outside any recognized armed conflict. Jeffrey Stein of the ACLU said the strikes represent “cold-blooded murder of civilians,” and that those responsible should not be handed a “‘Get Out of Jail Free card.’”
In their lawsuit, the civil liberties groups argue the government’s refusal to release the legal memo prevents meaningful public oversight, noting that previous administrations have disclosed legal rationales for sensitive military operations after redacting classified details. The ACLU emphasized that under both U.S. and international law, “non-lethal measures” must be attempted before force is used and that summarily killing individuals merely suspected of drug smuggling is unlawful.
Their suit asks a federal court to order the Justice, State, and Defense Departments—now renamed the Department of War—to conduct a full search for records and release them “immediately.”
Editorial credit: DCStockPhotography / Shutterstock.com