The American Civil Liberties Union (ACLU) and the Center for Constitutional Rights (CCR) have jointly filed a Freedom of Information Act (FOIA) request to uncover the Office of Legal Counsel’s (OLC) guidance and related documents concerning lethal strikes on alleged drug smugglers in the Caribbean. This move follows U.S. Attorney General Pam Bondi’s refusal to confirm the existence of such guidance during her testimony before the Senate Judiciary Committee. However, Charles Young, nominee for U.S. Army General Counsel, acknowledged the guidance’s existence in a separate hearing, revealing it was developed through an interagency lawyers’ working group involving the White House and executive branch agencies. Public reports suggest the OLC’s opinion asserts expansive presidential authority to use military force against individuals linked to drug cartels. Jeffrey Stein of the ACLU’s National Security Project condemned these strikes as ‘murder, pure and simple,’ emphasizing the need for public scrutiny of the administration’s legal justifications. Since early September, President Trump has reportedly ordered five strikes in the Caribbean, resulting in at least 27 deaths. The administration defends these actions by labeling drug cartels as ‘non-state armed groups’ engaged in armed conflict with the U.S. However, critics, including bipartisan lawmakers, legal experts, and international bodies, argue the strikes violate both international and domestic law. Baher Azmy of CCR warned of the administration’s ‘indiscriminate pattern of lawlessness,’ stressing the importance of transparency. Amnesty International’s Daphne Eviatar condemned the strikes as ‘murder—plain and simple,’ urging Congress to halt these actions and hold those responsible accountable.
