Trump Administration Claims Authority to Conduct Lethal Strikes Without Congressional Approval

The Trump administration asserted today that it can continue authorizing lethal military strikes against alleged drug traffickers without seeking congressional approval, and is not bound by the War Powers Resolution, according to a senior Justice Department official.

T. Elliot Gaiser, head of the Department of Justice’s Office of Legal Counsel, informed select Senate and House lawmakers on Thursday that the U.S. military strikes in the Caribbean Sea and Pacific Ocean do not constitute “hostilities” under the law and therefore do not require a declaration of war. This determination stems from a classified legal opinion equating drug cartels with terrorist organizations and emphasizing that the strikes have not been in response to attacks on U.S. military forces. The administration’s position raises significant questions about the scope of presidential power in military engagements.

Since early September, the U.S. military has conducted at least 15 known strikes against suspected drug-smuggling vessels, resulting in 64 deaths, with the most recent occurring yesterday in the Caribbean, killing three individuals. The administration notified Congress of the initial strike in early September, triggering a 60-day period under the 1973 War Powers Resolution, which would typically require either a cessation of military force, an extension, or a formal authorization from Congress. However, Gaiser indicated that the administration believes no extension is necessary.

Legal experts have voiced concerns that the strikes could violate both U.S. and international law, and some lawmakers have criticized the lack of transparency surrounding the legal justification. President Trump previously issued an executive order designating certain drug cartels as foreign terrorist organizations, expanding the military’s authority to target them, and is reportedly considering further action against cocaine facilities within Venezuela, according to the State Department.

Officials stated that the administration will continue to assess the situation and act to protect national security interests.