Trump Admin Officials Ignored Legal Objections to Pursue Military Campaign in South America: Report

Over the course of two months, the United States has carried out more than 20 attacks on vessels allegedly tied to drug trafficking organizations, resulting in over 80 deaths, which critics including the United Nations and other humanitarian groups see as extrajudicial executions.

Since the campaign began, the United States has not provided evidence showing that the targeted vessels were carrying drugs, raising questions among some about its legitimacy.

In this context, a new report by The Washington Post revealed that President Donald Trump and senior White House officials repeatedly ignored or sidestepped government lawyers who questioned the legality of bombing vessels in Latin America, with the report including other details about the internal dispute.

Multiple current and former officials familiar with the matter told the outlet that Trump and high ranking advisers, including Homeland Security Advisor Stephen Miller, have pushed for the attacks since January. They initially intended for the Central Intelligence Agency (CIA) to use its covert authorities to conduct lethal strikes on suspected traffickers.

Despite pushback, the Trump administration crafted an alternative plan that relied on using the U.S. military under the justification that the country was in a non-international armed conflict with terrorist organizations.

Although the counter narcotics campaign is being spearheaded by the U.S. military, the report says Trump ultimately gave the CIA authority to use lethal force and take covert action in support of the campaign.

Several people familiar with the matter who spoke with The Washington Post said the CIA and other intelligence agencies are supplying information to support the Pentagon strikes, but not choosing targets or launching weapons.

Similarly, the investigation highlights that over the last six months many of the lawyers and other career officials at the White House National Security Council, the Pentagon, and the Justice Department who had raised concerns in the preceding months about using lethal force against narcotraffickers have either left government or were reassigned or removed, further setting the stage for the military campaign that has so far killed more than 80 people.

Three former officials who spoke to the outlet said operational personnel at the CIA are worried about legal and political backlash created by the Trump administration's counter narcotics campaign.

"There is no evidence these small boats qualify as legitimate operational targets," the former official said, noting that in past counterterrorism strikes the CIA distinguished between support and operational personnel, placing a much higher bar on targeting low level couriers than bombmakers. He said the CIA has taken part in lethal operations against the heads of drug cartels.

The military campaign has also raised concerns about its legality even among those deployed to Latin America. According to the report, junior officers in the military have asked military lawyers in recent weeks for written approval before taking part in strikes, raising ethical questions among troops.

According to two people familiar with the matter who spoke to The Washington Post, some personnel are worried they might need attorneys in the future.

As worries inside the ranks continued to build, six Democratic lawmakers with military or intelligence backgrounds released a video on Tuesday directed to service members and intelligence officers, urging them to refuse any "illegal orders."

"You can refuse illegal orders," they said, speaking directly to service members and intelligence professionals. "No one has to carry out orders that violate the law or our Constitution."