FOR THE WEEK OF DEC. 08, 2025

U.S. actions at sea against suspected drug smugglers raise military law issues

An obscure topic – military law – is the focus of front-page coverage. Defense Secretary Pete Hegseth and his department are under scrutiny over U.S. Navy strikes since September on 23 suspected drug-running boats in international waters, particularly one in the Caribbean in which a second missile launch killed two survivors clinging to burning wreckage. Legal experts, some Congress members and others say the attacks, which the Pentagon says have killed 87 people, are unlawful because the alleged drug traffickers are civilians, are not in armed conflict against the U.S. and Congress hasn't authorized military action. Unarmed speedboats aren't warships, critics say.

Until August, the Pentagon sent the Coast Guard with Navy backup to stop suspect ships, search for drugs, seize any contraband and detain the crew. If the U.S. opened fire, it was only to disable a boat's engines. President Trump defends the new series of deadly actions and says U.S. forces will "start doing strikes on land, too" -- a threat to Venezuela. Justice Department lawyers say the strikes are lawful because America and its allies are in armed conflict with drug cartels. Trump's press secretary says the administration believes the second strike making headlines since The Washington Post revealed it just over two weeks ago "was conducted in self-defense to protect Americans and vital United States interests."

Lawmakers from both parties launched an inquiry with testimony from Pentagon officials. Navy Admiral Frank Bradley, commander of the three-month-old campaign, gave closed-door testimony last week and showed a full version of the Sept. 2 strikes that killed 11 people with two missiles. The second was fired at two men in the sea, Bradley confirmed. In a formal conflict, that would be a war crime. Republican chairs of the House and Senate Armed Services committees, Rep. Mike Rogers of Michigan and Sen. Roger Wicker of Mississippi, say they'll hold public hearings on the entire anti-smuggling operation in the Caribbean and eastern Pacific.

The issue "is shaping up to be a fight over control of the United States government," posts Heather Cox Richardson, a popular blogger who's a Boston College historian. The familiar drama between a president and Congress (the executive and legislative branches) is far from new. As part of the current faceoff, six Democratic lawmakers – all military veterans or former intelligence officers – recently posted a video reminding service members of their responsibility to ignore illegal orders. President Donald Trump accused them of sedition (encouraging people to rebel against the government) and the Pentagon is investigating one participant, Sen. Mark Kelly of Arizona, for possible charges.

President says: "We must meet this threat to our citizens and our most vital national interests with United States military force in self-defense." – Report to Congress, required under the War Powers Act

Republican says: "There are very serious concerns in Congress about the attacks on the so-called drug boats down in the Caribbean and the Pacific, and the legal justification that's been provided.. . . There is an ongoing investigation." – Rep. Mike Turner of Ohio

Columnist writes: "Over the course of my career [as a military lawyer], I briefed thousands of soldiers, and in each of those briefings I told them that if they were ordered to violate any of the clear requirements of the law, they didn't just have the right to refuse; they had an obligation to refuse." – David French, The New York Times

Front Page Talking Points Archive

Common Core State Standard
SL.CCS.1/2/3/4 Grades 6-12: An essay of a current news event is provided for discussion to encourage participation, but also inspire the use of evidence to support logical claims using the main ideas of the article. Students must analyze background information provided about a current event within the news, draw out the main ideas and key details, and review different opinions on the issue. Then, students should present their own claims using facts and analysis for support.