Senate Democrats formally requested Defense Secretary Pete Hegseth and Attorney General Pam Bondi to declassify the memo drafted by the Department of Justice's Office of Legal Counsel authorizing deadly strikes against alleged drug vessels.
In a letter, the 13 senators, all members of the Senate Armed Services Committee, demand an "expeditious declassification and public release" of the document, which shields troops taking part in the operations in the Caribbean and Eastern Pacific from prosecution.
"Few decisions are more consequential for a democracy than the use of lethal force," reads a passage of the letter, claiming that "the declassification and public release of this important document would enhance transparency in the use of deadly force by our Nation's military and is necessary to ensure Congress and the American people are fully informed of the legal justification supporting these strikes."
Different reports have discussed the content of the document. One from mid-November claimed that it relies largely on the president's statements about the U.S. legally being in an armed conflict with cartels.
According to The New York Times, the killing of the people on the boats are lawful as a result of Trump's wartime powers. It added that despite the claim, the administration has provided little information to support its conclusion.
The document, in turn, cites Trump's claims about cartels intentionally seeking to kill Americans and destabilize the region. As a result, it adds, Trump has the authority to determine that the U.S. and its allies are in a formal state of armed conflict with cartels.
Moreover, the memo describes fentanyl as a potential chemical weapons threat. The Wall Street Journal detailed that the claim is part of the justification for the actions.
The Washington Post has also noted that the decision to shield troops from prosecution illustrates concerns within the administration about the legality of the actions despite other documents.
Several officers advised caution on the matter, according to the Post. They included Admiral Alvin Holsey, the head of the Southern Command, who has since announced he will step down from his post at the end of the year, one year into a typically three-year assignment.
Pentagon spokesman Sean Parnell told the outlet that "current operations in the Caribbean are lawful under both U.S. and international law" and that all actions are in "complete compliance with the law of armed conflict."
"No lawyer involved has questioned the legality of the Caribbean strikes and instead advised subordinate commanders and [Defense] Secretary [Pete] Hegseth that the proposed actions were permissible before they commenced," Parnell added.
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