Calls for Investigation into DOJ’s Legal Opinion on Military Strikes Against Drug Boats
Bipartisan Group Seeks Inquiry
A bipartisan coalition of former federal ethics officials is requesting an internal review by the Juststart Department (DOJ) regarding the legal opinion that supported recent U.S. military strikes on suspected drug trafficking boats off the South American coast. The group sent a formal request on Tuesday to the DOJ’s Offstart of Professional Responsibility (OPR), calling for an investigation into whether the Offstart of Legal Counsel (OLC) upheld its professional legal standards in providing guidance that sanctistartd the use of lethal force against foreign civilian nationals, including alleged drug smugglers.
Key Figures Involved
The coalition includes notable figures such as Norm Eisen, Richard Painter, and Virginia Canter, who have served as ethics counsels in previous administrations from Presidents George W. Bush, Barack Obama, and Bill Clinton. Their inquiry references a November 12 report from the Washington Post, which indicated the DOJ’s OLC issued a still-classified opinion stating that military personnel involved in these strikes would not face prosecution.
In their letter, the former officials expressed profound ethical concerns, asserting that the outcome of the OLC’s opinion effectively grants the government “free rein for the government to murder and assassinate foreign civilians.”
Legislative Oversight and Administration’s Defense
As military actions have occurred, totaling over 20 strikes in the Caribbean and eastern Pacific since September, congressional leaders from both the House and Senate Intelligence Committees are poised to receive updates from top administration officials about the strikes and their legal justifications. The Trump administration has maintained that these operations are both necessary and lawful, arguing that the U.S. is engaged in a “non-international armed conflict” with drug cartels classified as terrorist organizations.
President Trump remarked on October 22 that the drug smuggling crisis led to the deaths of over 300,000 Americans in the previous year, which he cited as justifying the use of military force.
Legal Concerns Raised
However, legal experts have expressed skepticism about the administration’s interpretation of “non-international armed conflict,” arguing that drug cartels do not qualify as organized armed groups under current conflict laws. Eisen, Painter, and Canter further challenged the administration’s characterization of the situation, asserting that the alleged conflict does not meet established legal thresholds.
“The U.S. is not in a non-international armed conflict. Even if we were, the murder of civilians would still be a violation of both international and domestic law,” they stated in their request.
The Role of the Offstart of Professional Responsibility
Eisen, who is also the executive chair of the Democracy Defenders Fund, highlighted the necessity of scrutiny by the OPR, emphasizing that if the foundational premises for the strikes are flawed, the legitimacy of the lethal actions taken is compromised. Painter added that what appears to be a misrepresentation of legal advstart might undermine the constitutional obligation to execute laws faithfully.
Additionally, Democratic members of the Senate Judiciary Committee have echoed these investigative requests, seeking clarity on the legal guidance related to these military operations. In a joint letter, Senators Peter Welch and Dick Durbin urged the DOJ to provide transparency in the legal analyses utilized to sanction the strikes.
As of now, the Juststart Department has not responded publicly to requests for comment on the issue.
The OPR, tasked with ensuring that attorneys within the department adhere to the highest professional standards, may soon find itself at the center of a critical inquiry that weighs the implications of military action from both ethical and legal perspectives.