The President is getting away with murder, literally

During his first presidential campaign Donald Trump famously claimed that he could “stand in the middle of Fifth Avenue and shoot somebody” and not lose any voters. At the time it felt like an empty boast. No more, writes David Cole in The New York Review of Books.

Between September 2 and September 19 the US military, acting on President Trump’s orders, bombed three boats traveling in international waters, reportedly killing seventeen civilians in cold blood. Ordinarily when US armed forces kill civilians, the president does not brag about it, yet Trump is apparently so proud of the executions that he posted video footage of them on Truth Social. And while ordinarily the killing of any civilian prompts investigations and apologies, in this instance the administration has promised only that there are more to come. “To every terrorist thug smuggling poisonous drugs into the United States of America,” Trump said during his speech at the UN General Assembly on September 23, “please be warned that we will blow you out of existence.”

There was no conceivable legal authority for these killings. We are not at war with drug traffickers. The “war on drugs” is a metaphor, not a legal term of art that authorizes killing the “enemy.” The human beings on these boats were civilians, and even if there were an actual war going on, the laws of war prohibit targeting civilians unless they are directly engaged in hostilities. Even if the boats’ occupants were, as the administration alleges, carrying illegal drugs, that offense would at most have authorized their arrest, trial, and, if convicted, incarceration for a period of years. It would not authorize the death penalty, much less their summary execution without trial.

Trump has called the dead “narcoterrorists” and has asserted that the eleven killed in the first strike were associated with the Venezuelan gang Tren de Aragua, a “foreign terrorist organization.” But that designation authorizes only economic sanctions against the group, such as freezing their assets, and criminal penalties against Americans who do business with them. It does not authorize any use of military force, much less the intentional lethal targeting of civilians.

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