A classified memo from the Department of Justice authorizing strikes against alleged drug vessels in the Caribbean and the Eastern Pacific describes fentanyl as a potential chemical weapons threat, according to a new report.
The Wall Street Journal detailed that the document, crafted by the department’s Office of Legal Counsel, includes the claim as part of the justification for the actions, which have so far targeted 20 boats and killed at least 80 people.
Another report from The New York Times added that the justification relies largely on the president’s statements about the U.S. legally being in an armed conflict with cartels.
The outlet added that the document determines that the killing of the people on the boats are lawful as a result of Trump’s wartime powers. It added that despite the claim, the administration has provided little information to support its conclusion.
The document, in turn, cites Trump’s claims about cartels intentionally seeking to kill Americans and destabilize the region. As a result, it adds, Trump has the authority to determine that the U.S. and its allies are in a formal state of armed conflict with cartels.
Another report noted that the Department of Justice’s Office of Legal Counsel said in a classified opinion that troops taking part in the military operation won’t be exposed to prosecution for their actions.
The Washington Post noted that the decision to pursue such an opinion illustrates concerns within the administration about the legality of the actions despite other documents.
Several officers advised caution on the matter, according to the Post. They included Admiral Alvin Holsey, the head of the Southern Command, who has since announced he will step down from his post at the end of the year, one year into a typically three-year assignment.
Pentagon spokesman Sean Parnell told the outlet that “current operations in the Caribbean are lawful under both U.S. and international law” and that all actions are in “complete compliance with the law of armed conflict.”
“No lawyer involved has questioned the legality of the Caribbean strikes and instead advised subordinate commanders and [Defense] Secretary [Pete] Hegseth that the proposed actions were permissible before they commenced,” Parnell added.
However, other countries have taken steps to distance themselves from the operation. CNN reported this week that the United Kingdom has suspended intelligence sharing with the U.S. on the matter, citing concerns that the information could be used to support military strikes it considers unlawful.
Originally published on Latin Times
