The Bolduc Brief: The Legality and Implications of the Trump Administration’s Strike on a Drug Boat in the Caribbean

The recent military strike conducted by the Trump administration against a Venezuelan drug boat in the Caribbean raises significant legal and ethical questions regarding the use of military force. I align myself with Senator Rand Paul in viewing these actions as an unauthorized expansion of the Authorization for Use of Military Force (AUMF), arguing that the United States is not at war with drug cartels or other criminal organizations. Although the epidemic of drug trafficking and its consequences on American lives are undeniable, the use of military force against non-combatants in this context presents a troubling departure from established legal frameworks.

I have been involved in many military strikes against declared combatants of the United States in conflict zones such as Afghanistan and Africa. Through these experiences, I have come to understand that the standard of proof required for such actions is exceptionally high, and the consequences of making a mistake can be devastating. With lives on the line, both of combatants and innocent civilians, the gravity of these decisions cannot be overstated.

In military operations, the checks and balances inherent in the decision-making process are vital. It is essential that the authorities who designate the use of lethal force are clear and transparent. The complexities of modern warfare demand a thorough understanding of the legal and ethical implications involved in employing military force, particularly in a landscape where definitions of combatants can easily blur.

As a leader in the military, the weight of making decisions regarding the use of force rested heavily on my shoulders. The potential for collateral damage, unintended consequences, and the fallout of a wrong decision were constantly at the forefront of my mind. When confronted with the repercussions of those choices, whether it be loss of life, destabilization of regions, or damage to our nation’s credibility, the responsibility is immense and often haunting.

It concerns me greatly that the president, along with his Secretary of State, Secretary of Defense, and many civilian advisors surrounding him, may lack the necessary experience to fully comprehend the ramifications of using military force in complex situations. In an era where the scope of military engagement can extend beyond traditional battlefields and into areas such as counter-narcotics operations, the stakes are incredibly high.

The nuances of military operations, particularly when it comes to strikes against non-state actors or criminal organizations, require a deep understanding of international law, geopolitical implications, and the potential for unintended consequences. Decisions made without this foundational knowledge can lead to severe repercussions, both domestically and internationally. These actions can escalate conflicts, cause civilian casualties, and damage relationships with allied nations, undermining the very objectives we aim to achieve.

Leadership in military and foreign policy requires not only strategic thinking but also emotional intelligence and a sense of moral responsibility. Those who make decisions about the use of force must be acutely aware of the ethical complexities involved, including the impact on innocent lives and the long-term consequences for regional stability. It is essential that leaders approach these decisions with humility and a willingness to consult with experienced military personnel, diplomats, and experts who have a nuanced understanding of the environment in which they operate.

When the highest levels of government lack the necessary experience and awareness, there is a risk that decisions will be made hastily or without adequate consideration of their broader implications. This concern is not merely theoretical; the history of military engagements shows that miscalculations can lead to significant loss of life and prolonged conflicts. Therefore, it is imperative that our leaders engage with those who possess the insights and expertise to inform their decision-making, ensuring that the use of force is measured, justified, and aligned with our national values and interests. Ultimately, striving for a balanced and informed approach to military engagement is crucial for preserving both our national security and our humanity.

The accountability we owe to those we serve must guide our actions. Military leaders must approach the use of force with caution and a deep sense of moral obligation, ensuring that every measure is taken to minimize harm and to adhere to the principles of justice and humanity. In the end, the true measure of our strength is not merely in our ability to project power, but in our commitment to making decisions that align with our values and uphold our responsibility to protect both national security and human dignity.

The AUMF, enacted in response to the September 11 attacks, was designed to grant the President authority over military operations against those responsible for the attacks. Since its passage, however, multiple administrations have interpreted this authorization broadly, extending it to various groups or “associated forces” that did not even exist at the time of its enactment. This expansive interpretation has facilitated military action in numerous countries, often without robust public debate or Congressional approval. The recent strike against alleged drug traffickers represents a concerning precedent, as it utilizes the AUMF to justify military actions against organizations not directly linked to the events of 9/11.

While drug trafficking and its associated violence pose a genuine threat to society, they fall within a legal framework primarily managed by law enforcement rather than the military. Human trafficking, arms smuggling, and other criminal acts are also devastating issues, yet they are typically addressed through law enforcement mechanisms rather than military strikes. The distinction is crucial: military force is meant for combating declared enemies of the state, not criminal organizations branded as “narco-terrorists.” This blurring of lines serves to undermine the very principles of accountability and oversight that serve as checks on the executive branch’s use of unilateral military force.

The ramifications of such actions can be profound, not only for international relations but also for domestic governance. As someone who has participated in military operations against designated combatants in conflict zones like Afghanistan and Africa, I have witnessed firsthand the gravity of decisions involving the use of force. The standard of proof in such operations is high, and the consequences of making an error can be devastating. There are significant ethical implications when the government opts to use lethal force in situations that may not meet the criteria for military engagement.

In executing military operations, particularly strikes without clear authorization, the United States risks losing its fundamental sense of humanity. As a nation that prides itself on the rule of law and a commitment to human rights, we must grapple with the impact of our military policies. The Trump administration’s decision should be met with scrutiny and challenge from both the American populace and Congress, as accountability in these matters is essential to maintaining our democratic values.

Legally, striking a drug boat raises concerns under both domestic and international law. The AUMF’s expansion presents a slippery slope. According to existing international human rights laws, the use of lethal force should be a last resort, applicable only against imminent threats where non-lethal means have been exhausted. The targeting of individuals, especially American citizens, requires clear evidence that they pose a “concrete, specific, and imminent threat” to national security.

Additionally, the principle of territorial sovereignty highlights that unilateral strikes within another nation without consent can violate international law unless justified by self-defense or sanctioned by a UN Security Council resolution. The implications of disregarding these principles can lead to international unrest and retaliation, further embroiling the United States in conflicts without clear justification.

In conclusion, while the fight against drugs and organized crime is critical, the Trump administration’s strike on a Venezuelan drug boat in the Caribbean exemplifies an overreach of authority that risks the erosion of legal and ethical standards in the U.S. The potential dangers of such actions underscore the need for robust debate, oversight, and accountability in matters of military engagement. The American people and Congress must challenge these expansions of power to ensure that the principles of justice and humanity remain at the forefront of our nation’s actions.

Donald C. Bolduc