US Military's Secret Memo Justifies Killing Civilian Suspects, Not Drugs.
The Trump administration has secretly produced a memo that justifies the use of lethal force against civilian boats in Latin America, claiming the cargo on board - drugs - is a lawful military target. The memo was written by the Justice Department's Office of Legal Counsel (OLC) and has been kept from public view until now.
According to government officials, the OLC memo relies on a "revenue generating target theory" which argues that narcotics sales generate revenue for cartels who are in conflict with the US. This theory claims that attacking the boats is a legitimate military action because the cargo on board is a threat to national security.
However, experts argue that this reasoning is flawed and was crafted to suit a political decision already made by the White House. They say the memo relies on a "legal Mad Libs" approach, throwing terms and concepts at the wall without any real substance behind them.
Critics of the Trump administration's actions in Latin America point out that the military has carried out 20 known attacks since September, killing at least 80 civilians. The most recent attack killed four people and was justified as a strike against an unspecified terrorist organization.
Lawmakers and experts say the strikes are illegal extrajudicial killings because the military is not permitted to deliberately target civilians - even suspected criminals - who do not pose an imminent threat of violence. They argue that the US has no right to use military force in "self-defense" against a non-state actor or a state without suffering an armed attack.
Critics also point out that the Trump administration's actions are part of a broader pattern of authoritarianism and disregard for democratic norms. The government has ignored court orders, put MAGA loyalists in charge of the military and federal law enforcement agencies, stripped Congress of its power, and banned news outlets that challenge Trump.
The Intercept is an independent news organization funded by members who believe in a free press. We cover authoritarian governments, billionaire oligarchs, and backsliding democracies around the world.
The Trump administration has secretly produced a memo that justifies the use of lethal force against civilian boats in Latin America, claiming the cargo on board - drugs - is a lawful military target. The memo was written by the Justice Department's Office of Legal Counsel (OLC) and has been kept from public view until now.
According to government officials, the OLC memo relies on a "revenue generating target theory" which argues that narcotics sales generate revenue for cartels who are in conflict with the US. This theory claims that attacking the boats is a legitimate military action because the cargo on board is a threat to national security.
However, experts argue that this reasoning is flawed and was crafted to suit a political decision already made by the White House. They say the memo relies on a "legal Mad Libs" approach, throwing terms and concepts at the wall without any real substance behind them.
Critics of the Trump administration's actions in Latin America point out that the military has carried out 20 known attacks since September, killing at least 80 civilians. The most recent attack killed four people and was justified as a strike against an unspecified terrorist organization.
Lawmakers and experts say the strikes are illegal extrajudicial killings because the military is not permitted to deliberately target civilians - even suspected criminals - who do not pose an imminent threat of violence. They argue that the US has no right to use military force in "self-defense" against a non-state actor or a state without suffering an armed attack.
Critics also point out that the Trump administration's actions are part of a broader pattern of authoritarianism and disregard for democratic norms. The government has ignored court orders, put MAGA loyalists in charge of the military and federal law enforcement agencies, stripped Congress of its power, and banned news outlets that challenge Trump.
The Intercept is an independent news organization funded by members who believe in a free press. We cover authoritarian governments, billionaire oligarchs, and backsliding democracies around the world.