The White House has affirmed that military strikes targeting suspected drug-trafficking vessels in the Caribbean and Eastern Pacific do not qualify as “hostile acts” that would require Congressional approval under the War Powers Resolution (WPR).
According to the administration, the WPR—established by Congress in 1973—only applies when there’s a direct threat to the U.S. and does not risk military personnel since the attacks, which have resulted in at least 64 fatalities, primarily involve unmanned aircraft launched from Navy ships.
A senior official, speaking anonymously, emphasized that the strikes are mainly precision attacks from unmanned drones in international waters, where the crews of targeted vessels are too distant to jeopardize U.S. personnel.
Monday marked the 60-day countdown from the administration’s initial notification to Congress about the first attack on an alleged drug vessel. Under the WPR, without Congressional consent, military operations must cease after 60 days, although the president can seek a 30-day extension.
Officials from the administration contended that these escalating strikes do not meet the criteria for a “hostile act.” They noted that the Trump administration’s Office of General Counsel’s stance aligns with traditional legal interpretations, referencing opinions from previous administrations, including those of Clinton and Reagan.
In a 1996 opinion, Walter Dellinger, then an OLC Assistant Attorney General, did not address the 60-day limit when discussing President Clinton’s deployment of peacekeepers to Haiti, suggesting the context did not entail severe risks of conflict or casualties.
Former Assistant Attorney General Theodore Olson highlighted that historically, the Executive Branch has viewed the WPR as not legally binding regarding the President’s military deployment authority.
Similar assertions have come from other administrations. For instance, in 2011, the Obama administration claimed the WPR was not applicable because there were no U.S. troops on the ground during operations in Libya.
Military actions against suspected drug-smuggling vessels continue, with Defense Secretary Pete Hegseth announcing a recent seizure of a “drug-trafficking” vessel linked to a designated terrorist group in the Caribbean, resulting in three fatalities.
Administration officials remarked that President Trump made promises during his campaign to combat cartels and is now undertaking significant measures against narco-terrorism causing many unnecessary deaths in the U.S.
Congress members from both parties have sought clarification from the administration regarding the legal justifications for these military actions.
Democrats on the House Armed Services Committee expressed dissatisfaction after last week’s briefing about the legality of the boat strike and the administration’s objectives.
In response, administration officials contended they are maintaining transparency by keeping Congress updated on the situation.
Senators Roger Wicker (R-Mississippi) and Jack Reed (D-Mississippi), leaders of the Senate Armed Services Committee, have requested access to the legal justification for the military action and a comprehensive list of organizations the U.S. considers to be in a non-international armed conflict.
Reed shared that the Pentagon had assured them information would be provided to lawmakers.
He expressed hopes this would not be the final communication but rather an initial step toward clarity on the administration’s position and plan.
A bipartisan resolution spearheaded by Senators Tim Kaine (D-Va.) and Adam Schiff (D-Calif.), along with Rep. Rand Paul (R-Ky.), aiming to halt the strikes, could go to vote as early as Wednesday, although discussions are ongoing.
Kaine noted that the timing for a potential vote still hinges on the Senate’s agenda.
