Trump Administration Argues Strikes Against Suspected Drug Smugglers bypass War Powers Resolution
WASHINGTON D.C. - The U.S. Justice Department has informed Congress that President Donald Trump’s authorization of lethal strikes against vessels suspected of drug smuggling in the Caribbean sea dose not fall under the purview of the War Powers Resolution, according to sources familiar with the matter. The administration contends the operation does not constitute “hostilities” as defined by the 1973 law, wich requires Congressional approval for military actions exceeding 60 days involving U.S. troops in “zones of hostilities.”
The justice department’s Office of Legal counsel chief, Elliot Gaiser, reportedly conveyed this position to lawmakers this week. A senior administration official, speaking on background, stated that U.S. service members are not at risk,as the strikes are being carried out by drones launched from naval ships operating at a distance that prevents those targeted from endangering American personnel.
“The operation comprises precise strikes conducted largely by unmanned aerial vehicles launched from naval vessels in international waters at distances too far away for the crews of the targeted vessels to endanger american personnel,” the official said.
To date, the U.S. military has confirmed killing at least 62 people in 14 airstrikes on boats in the Caribbean Sea and eastern Pacific, with U.S. Defense Secretary Pete Hegseth sharing details on social media.
The Trump administration has reportedly classified the situation as a “formal armed conflict,” but not “hostilities,” echoing a legal argument previously employed by former President Barack Obama during NATO’s 2011 intervention in Libya. While the Obama administration later acknowledged the legal basis presented, it was met with Congressional disagreement at the time.
The War Powers Resolution mandates a president to terminate military operations after 60 days if Congress hasn’t authorized them. though, the definition of “hostilities” within the law has proven ambiguous, allowing presidents to circumvent Congressional oversight.
The 60-day window for Congressional authorization in Trump’s case began on September 4th and will conclude on Monday. The administration’s justification mirrors Obama’s argument that the lack of ground troops and limited risk to U.S.personnel exempted the libya operation from the Resolution’s requirements. Though, unlike Obama’s actions, Trump’s operation lacks a basis in a United Nations Security Council resolution or a multi-country mission like NATO.
