By AAMER MADHANI and LISA MASCARO Associated Press
WASHINGTON (AP) — President Donald Trump has declared drug cartels to be unlawful combatants and says the United States is now in an “armed conflict” with them, according to a Trump administration memo obtained by The Associated Press on Thursday, following recent U.S. strikes on boats in the Caribbean.
The memo appears to represent an extraordinary assertion of presidential war powers, with Trump effectively declaring that trafficking of drugs into the United States amounts to armed conflict requiring the use of military force — a new rationale for past and future actions.
“The President determined that the United States is in a non-international armed conflict with these designated terrorist organizations,” the memo says. Trump directed the Pentagon to “conduct operations against them pursuant to the law of armed conflict.”
“The United States has now reached a critical point where we must use force in self-defense and defense of others against the ongoing attacks by these designated terrorist organizations,” the memo says.
Besides signaling a potential new moment in Trump’s stated “America First” agenda that favors non-intervention overseas, the declaration raises stark questions about how far the White House intends to use its war powers and if Congress will exert its authority to approve — or ban — such military actions.
“The United States is taking a much more dramatic step — one that I think is a very, very far stretch of international law and a dangerous one,” said Matthew Waxman, who was a national security official in the George W. Bush administration. It “means the United States can target members of those cartels with lethal force. It means the United States can capture and detain them without trial.”
Declaration follows boat strikes in the Caribbean
The U.S. military last month carried out three deadly strikes against boats in the Caribbean that the administration accused of ferrying drugs. At least two of those operations were carried out on vessels that originated from Venezuela.
Those strikes followed up a buildup of U.S. maritime forces in the Caribbean unlike any seen in recent times. The Navy’s presence in the region — eight warships with over 5,000 sailors and Marines — has been pretty stable for weeks, according to two defense officials, who spoke on condition of anonymity to discuss ongoing operations.
The memo did not include a timestamp, but it references a Sept. 15 U.S. strike that “resulted in the destruction of the vessel, the illicit narcotics, and the death of approximately 3 unlawful combatants.”
“As we have said many times, the President acted in line with the law of armed conflict to protect our country from those trying to bring deadly poison to our shores, and he is delivering on his promise to take on the cartels and eliminate these national security threats from murdering more Americans,” the White House said.
Pentagon officials briefed senators on the strikes Wednesday, according to a person familiar with the matter, who was not authorized to comment publicly and spoke on the condition of anonymity. The Pentagon referred questions to the White House.
What the Trump administration laid out at the classified briefing at the Capitol was perceived by several senators as pursuing a new legal framework that raised questions particularly regarding the role of Congress in authorizing any such action, that person said.
Pentagon officials also briefed House staffers last week on the strikes, according to another person who was briefed on the meeting and similarly spoke on condition of anonymity.
The memo, which was reported earlier by The New York Times, lays out a rationale seen both as the administration’s justification for the military strikes it has already taken on the boats in the Caribbean — which have raised concerns from lawmakers as potentially unlawful — as well as any action to come.
A White House official who wasn’t authorized to comment publicly and spoke on condition of anonymity said the memo was sent to Congress on Sept. 18 and does not convey any new information. The person familiar with the Senate briefing said it was transmitted this week.
Details weren’t given on the cartels targeted
Trump has designated several Latin American drug cartels as foreign terrorist organizations, and the administration had previously justified the military action as a necessary escalation to stem the flow of drugs into the United States.
Pentagon officials could not provide a list of the designated terrorist organizations at the center of the conflict, a matter that was a major source of frustration for some of the lawmakers who were briefed this week, according to one of the people familiar with the briefings.
While “friendly foreign nations have made significant efforts to combat these organizations,” the memo said, the groups “are now transnational and conduct ongoing attacks throughout the Western Hemisphere as organized cartels.” The memo refers to cartel members as “unlawful combatants.”
The Trump administration is trying to justify the use of military force against drug cartels in the same way the Bush administration justified the war against al-Qaida following the Sept. 11 attacks, said Waxman, who served in the State and Defense Departments and on the National Security Council under Bush.
Bush, however, had authorization from Congress, unlike Trump. The Trump administration is arguing that it no longer has to consider the individual circumstances of using force, said Waxman, who now chairs Columbia Law School’s National Security Law Program.
“It’s basically saying, ‘We don’t have to engage in that kind of case-by-case decision-making,'” Waxman said. “All of these vessels that are carrying enemy personnel can be targeted, whether they’re headed towards the United States or not.”
Waxman said he expects more strikes and “we’ll see if the United States takes the next big step and engages in lethal force or armed force on the territory of another state.”
Lawmakers of both major political parties have pressed Trump to seek war powers authority from Congress for operations against alleged drug traffickers. Several senators and human rights groups have questioned the legality of the strikes, calling them potential overreach of executive authority in part because the military was used for law enforcement purposes.
Sen. Jack Reed of Rhode Island, the top Democrat on the Senate Armed Services Committee, said drug cartels are “despicable” but the Trump administration has offered “no credible legal justification, evidence or intelligence for these strikes.”
Reed, a former Army officer, said “every American should be alarmed that their President has decided he can wage secret wars against anyone he calls an enemy.”
___
Associated Press writers Konstantin Toropin, Ben Finley and Michelle L. Price contributed to this report.