All Democratic members of the Senate Judiciary Committee, led by Senator Dick Durbin (D-IL), Ranking Member of the Committee, and Senator Peter Welch (D-VT), have sent a letter to Attorney General Pam Bondi. The letter requests information about the legal justification for recent military actions ordered by President Trump that resulted in 57 deaths in the Caribbean Sea and Pacific Ocean.
The senators wrote, “We request that the Department of Justice provide a copy of and brief the Senate Judiciary Committee on any and all legal opinions assessing the legality of military actions ordered by the President that have already killed 57 individuals in the Caribbean Sea and Pacific Ocean.”
They expressed concern over whether adequate legal guidance was provided for these strikes. “These recent strikes raise numerous questions about whether the Department provided adequate legal guidance to those involved in ordering, planning, and carrying out the killings. In accordance with the Committee’s constitutional oversight responsibilities, we ask that Committee members and staff be briefed on and afforded the opportunity to review any legal analysis produced by your Department,” they continued.
Between September 2 and October 28, U.S. military forces struck 14 vessels, killing 57 people onboard; only three survived. President Trump stated two survivors would be returned to Colombia and Ecuador for prosecution.
The administration has claimed these boats were operated by “narcoterrorists” transporting illegal drugs toward the United States. Reports indicated at least one vessel had changed course away from U.S. waters before being targeted. The administration labeled those killed as “unlawful combatants” engaged in an armed conflict with groups designated by officials.
The senators highlighted new information: “Furthermore, on October 2, the administration provided Congress with a notice that declares the United States is in an ‘armed conflict’ with suspected drug traffickers whom the administration has deemed to be ‘unlawful combatants.’ Additionally, on October 15, public reporting indicated that President Trump had secretly authorized the Central Intelligence Agency to conduct covert action in Venezuela,” they wrote.
The lawmakers criticized what they described as insufficient justification for these actions: “On the eve of the Senate Judiciary Committee Department of Justice oversight hearing this month, it was reported for the first time that the Department’s Office of Legal Counsel (OLC) produced a classified opinion that justifies these strikes. While you refused to discuss the Department’s opinion or the legal justification for these killings at the hearing, in another hearing the nominee for General Counsel of the Army confirmed reports of an OLC opinion on these strikes.”
They added: “According to public reporting, Office of Legal Counsel opinion ‘appears to justify an open-ended war against a secret list of groups, giving president power to designate drug traffickers as enemy combatants and have them summarily killed without legal review.’ In other words...the President can accuse someone...and based on that accusation alone grant himself power to be judge, jury, and executioner. Moreover, President Trump and Defense Secretary Pete Hegseth have insisted lethal strikes are ‘legal’...”
The senators stressed congressional authority over declarations of war: “Pursuant to Article I, Section 8, Clause 11...Congress has sole power to declare war. Congress has not declared war or enacted a specific statutory authorization for use of force against Venezuela [or] alleged ‘narcoterrorist’ organizations in Western Hemisphere.”
They argued existing law does not permit such killings: “While President has some authority...under Article II..., neither that authority nor Congressional authorization provides basis to conduct killings of civilians..., including those suspected or accused...” They pointed out possible violations under U.S. criminal law prohibiting murder within maritime jurisdiction and Executive Order provisions against assassination.
“The only other circumstances in which lethal force may be used is with respect to lawful targeting...in context of armed conflict,” they wrote; but no facts suggest such a conflict exists here or would allow intentional killing under law.
“Drug trafficking is a terrible crime...should be prosecuted. Nonetheless,...actions must still conform with law,” said their letter.
They requested a classified briefing before November 3 regarding DOJ’s analysis behind authorizing these strikes.
Other signatories include Senators Mazie Hirono (D-HI), Richard Blumenthal (D-CT), Amy Klobuchar (D-MN), Adam Schiff (D-CA), Alex Padilla (D-CA), Chris Coons (D-DE), Sheldon Whitehouse (D-RI), and Cory Booker (D-NJ).
