Justice Department's Legal Opinion on Venezuelan Boat Strikes Under Scrutiny

A group of former federal ethics experts have called for an internal investigation into the Justice Department's legal opinion that backed U. S. military strikes on suspected drug boats in South American waters. These former officials, who served under different presidents, are questioning the legal basis for these strikes and the potential ethical violations involved. The group, including Norm Eisen, Richard Painter, and Virginia Canter, sent a letter to the Justice Department's Office of Professional Responsibility. They want an immediate investigation into whether the Office of Legal Counsel acted responsibly in justifying the use of lethal force against civilian foreign nationals, including alleged drug smugglers. Their concern is that the legal opinion gives the government too much freedom to take lethal action against civilians. This request comes after a report in the Washington Post revealed that the Office of Legal Counsel had a classified opinion. This opinion stated that military personnel involved in strikes on drug-trafficking boats would not face future prosecution. The former ethics officials find this outcome shocking and believe it raises serious legal and ethical concerns. Top administration officials are expected to brief congressional leaders and key lawmakers on the military strikes and their legal justification. Since September, the military has conducted over 20 strikes on suspected drug boats in the Caribbean and eastern Pacific, resulting in more than 80 deaths. The Trump administration has defended these strikes as necessary and lawful. They argue that the U. S. is in a "non-international armed conflict" with drug cartels, which they have designated as terrorist organizations. The administration claims that the drugs smuggled by these cartels kill tens of thousands of Americans each year, constituting an "armed attack" against U. S. citizens. President Trump has stated that the U. S. has the legal authority to carry out these strikes. He mentioned that drugs killed 300, 000 Americans last year, which he believes justifies the military action. However, legal experts have questioned the administration's argument, stating that drug cartels do not qualify as organized armed groups under the law of armed conflict. The group of former ethics officials also doubts the administration's claim of being in an armed conflict with drug cartels. They argue that even if such a conflict existed, the killing of civilians would still violate both international and domestic law. This raises questions about the independence, objectivity, and competence of the Office of Legal Counsel's opinion. The Justice Department has not responded to requests for comment. Meanwhile, Democrats on the Senate Judiciary Committee have also sought information about the legal opinions behind the military strikes. Senators Peter Welch and Dick Durbin have asked the Justice Department to brief committee members and staff on any legal analysis related to the strikes. The former ethics officials are seeking a review by the Justice Department's Office of Professional Responsibility. This office ensures that department attorneys uphold the highest professional standards, as expected of the nation's principal law enforcement agency.