Trump Administration Claims Lethal Military Strikes on Alleged Drug Traffickers Don't Require Congressional Approval

A senior Justice Department official has informed Congress that the Trump administration can continue conducting lethal military strikes on alleged drug traffickers without congressional approval, citing a decades-old war powers law as inapplicable. The administration's argument centers around a classified legal opinion produced by the Department of Justice's Office of Legal Counsel (OLC), which equates drug cartels with terrorists and focuses on the harm caused by drugs brought to American shores. This justification was presented by T. Elliot Gaiser, the head of the OLC, in a briefing to select Senate and House lawmakers.

Key Takeaways:

• The Trump administration claims that its lethal military strikes on alleged drug traffickers do not require congressional approval due to a lack of hostilities and the absence of a declaration of war from Congress.
• A classified legal opinion produced by the OLC justifies the strikes by equating drug cartels with terrorists and focusing on the death caused by the drugs brought to American shores.
• The administration has carried out at least 15 known strikes against alleged drug-smuggling vessels since early September, killing a total of 64 people, according to a CNN tally.
• The latest known strike occurred on Saturday in the Caribbean, killing three people.
• The Trump administration notified Congress in early September that it had struck an alleged drug vessel, starting a 60-day clock under the 1973 War Powers Resolution.
• President Donald Trump issued an executive order on the first day of his second term designating certain drug cartels as foreign terrorist organizations, giving the US military greater leeway to attack them.
• The administration's strikes have coincided with increased pressure on the regime of Venezuelan autocrat Nicolás Maduro, and Trump is considering plans to target cocaine facilities and drug trafficking routes inside Venezuela.

Statistics:

• 15 known strikes against alleged drug-smuggling vessels between early September and the time of reporting.
• A total of 64 people killed in these strikes.
• 3 people killed in the latest known strike on Saturday in the Caribbean.
• 60-day clock for the administration to either cease the use of military force, get an extension, or a war authorization from Congress after notification in early September.

Sources:

• CNN (no date) - A senior Justice Department official has told Congress that the Trump administration can continue lethal military strikes on alleged drug traffickers without congressional approval.
• The Washington Post -
• CNN (no date) - Gaiser emphasized the fact that the US military wasn't being attacked in response to the strikes as part his argument that America was not at war,
• CNN (no date) - Some legal experts have said the military strikes could violate US and international law.