Democratic members of the Senate Judiciary Committee are demanding to see the legal justification behind a series of boat strikes in South American waters they argue appear to violate a number of laws, including those barring assassinations.
The letter, spearheaded by Sen. Peter Welch (D-Vt.), said the Trump administration is relying on a legal opinion provided by the Justice Department that has yet to be seen by the public, though its existence has been reported by various media outlets.
The White House has argued the strikes far beyond U.S. waters are needed to prevent drugs from reaching the U.S., but President Trump has been accused of murder by Colombian President Gustavo Petro in announcing one of the strikes killed a “lifelong fisherman.” So far, 57 people have been killed.
“According to this opinion, the President can accuse someone of being a criminal, or affiliated with a group of criminals, and based on that accusation alone grant himself the power to be judge, jury, and executioner,” the lawmakers state.
“Drug trafficking is a terrible crime that has had devastating impacts on American families and communities and should be prosecuted. Nonetheless, the President’s actions to hold alleged drug traffickers accountable must still conform with the law.”
The lawmakers argue the strikes violate the law, including military code. One statute makes it a felony to commit murder within “the special maritime and territorial jurisdiction of the United States,” which lawmakers say includes the high seas. They say the strikes also appear to violate a Reagan-era executive order which states that “[n]o person employed by or acting on behalf of the United States Government shall engage in, or conspire to engage in, assassination.”
The lawmakers write that the United States Code of Military Justice also “prohibits the premeditated and unlawful killing of a human being” but that it also requires obeying orders, “putting our service members in the impossible position of risking criminal prosecution for carrying out an unlawful order to kill civilians or risking prosecution for disobeying superior orders.”
The letter asks Attorney General Pam Bondi for a full accounting of the legal review of the matter and what steps the Justice Department has taken to ensure the strikes were carried out in accordance with the law.
The Justice Department confirmed receipt of the letter but offered little detail about the legality of the strikes.
“These operations were ordered consistent with the law of armed conflict,” an official said in a statement.
Democratic lawmakers said beyond U.S. laws, the strikes may also violate the Geneva Conventions and could be considered a war crime due to unnecessary force.
“Based on the administration’s own statements and public reporting, arrest or interdiction appear to have been readily available options had there in fact been any imminent threat,” they wrote.
Some Republicans have also criticized the Trump administration for failing to interdict the boats, with Sen. Rand Paul (R-Ky.) noting the U.S. Coast Guard fails to find drugs about a quarter of the time when they search vessels.
“We can’t have a policy where we just blow up ships where we don’t even know the people’s names,” Paul said during a recent television appearance.
