Justice Dept Asserts Frivolous Basis for Trump's Murders of Civilians on Private Boats in the Caribbean who Posed No Imminent Threat to the US and Other Means to Stop Boats were Reasonably Available

From [HERE] In 2003 the U.S. Justice Department’s Office of Legal Council (OLC) issued a memo which declared the use of torture in ‘authorized military interrogations’ as legal when done under the ‘president’s constitutional authority to direct a war’.

The memo was widely condemned. The Obama administration withdrew it but refrained from prosecuting the torturers which had used it as cover.

The Trump administration now issued a comparable OLC memo to justify its wanton killing of alleged drug smugglers at sea.

Starting in September the Trump administration announced 19 strikes on boats in the Caribbean which have killed at least 76 seafarers. Most of them were random poor people:

One was a fisherman struggling to eke out a living on $100 a month. Another was a career criminal. A third was a former military cadet. And a fourth was a down-on-his-luck bus driver.

The men had little in common beyond their Venezuelan seaside hometowns and the fact all four were among the more than 60 people killed since early September when the U.S. military began attacking boats that the Trump administration alleges were smuggling drugs.

The argument of the new OLC memo is even more frivolous (archived) than the torturous reasoning of the former one:

The opinion, which runs nearly 50 pages, also argues that the United States is in a “non-international armed conflict” waged under the president’s Article II authorities, a core element to the analysis that the strikes are permissible under domestic law.

The armed-conflict argument, which was also made in a notice to Congress from the administration last month, is fleshed out in more detail by the OLC. The opinion also states that drug cartels are selling drugs to finance a campaign of violence and extortion, according to four people.

That assertion, which runs counter to the conventional wisdom that traffickers use violence to protect their drug business, appears to be part of the effort to shoehorn the fight against cartels into a law-of-war framework, analysts said.

The true purpose of drug cartels is obviously to make money. There is no evidence that any drug cartel ever has been or is in business because it wanted to create violence.

By framing the military campaign as a war, the administration is able to argue that murder statutes do not apply, said Sarah Harrison, a senior analyst with the International Crisis Group and a former Pentagon lawyer. “If the U.S. is at war, then it would be lawful to use lethal force as a first resort,” she said. The president, she argued, “is fabricating a war so that he can get around the restrictions on lethal force during peacetime, like murder statutes.”

There is nobody internationally who will accept such a stupid argument as justification for blowing up random boats at sea. [MORE] and [MORE]