A timeline of US attacks off South America and what Congress has had to say

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WASHINGTON (AP) — In less than two months, President Donald Trump and Defense Secretary Pete Hegseth say, the U.S. military has killed at least 61 people in 14 strikes against drug-smuggling vessels in the Caribbean Sea and eastern Pacific Ocean.

Oct. 29​

Sen. Mark Warner, the ranking Democrat on the Senate Intelligence Committee, says the Trump administration has briefed Republicans – but not Democrats – on the boat strikes.


The military briefing at the Capitol comes as the Senate is facing a potential vote on a war powers resolution that would prohibit strikes in or near Venezuela, unless Congress approves the military action.

 
The President of the United States (POTUS) is not legally required to obtain Congressional approval to suppress drug smuggling in international waters. Here's why, with key legal substantiation:

1. Presidential Authority as Commander in Chief
  • Article II, Section 2 of the U.S. Constitution designates the President as Commander in Chief of the armed forces, granting broad authority to direct military and naval operations, including in international waters.
  • The Supreme Court has consistently upheld expansive executive power in foreign affairs and national security, even without prior congressional authorization (e.g., United States v. Curtiss-Wright Export Corp., 299 U.S. 304 (1936); Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952)).
2. Statutory Authority: Maritime Drug Law Enforcement Act (MDLEA)
  • 46 U.S.C. §§ 70501–70508 explicitly authorizes the U.S. Coast Guard (under DHS) and Navy (under DoD) to interdict drug-smuggling vessels on the high seas (international waters) without congressional case-by-case approval.
  • The MDLEA applies to:
    • Stateless vessels.
    • Vessels registered in foreign nations that consent to U.S. jurisdiction (via bilateral agreements).
    • Vessels in U.S. customs waters or within 12 nautical miles of the coast.
  • It grants jurisdiction over drug trafficking regardless of nationality or location if the drugs are destined for the U.S.
3. Operational Practice: Standing Executive Orders & DoD Directives
  • Executive Order 12333 and DoD Directive 5525.1 authorize the military to support drug interdiction in international waters under the Coast Guard’s lead (POSSE COMITATUS does not apply outside U.S. territory).
  • Operations like JIATF-South (Joint Interagency Task Force South) operate under presidential directive, not annual congressional votes.
4. Congressional Oversight (Not Approval)
  • Congress funds these operations via the NDAA and DHS appropriations, but does not require pre-approval for individual interdictions.
  • The War Powers Resolution (50 U.S.C. §§ 1541–1548) applies only to "hostilities" or "imminent involvement" in combat—not law enforcement actions like drug interdiction.
5. Historical Precedent
  • Presidents from Reagan to Biden have ordered naval interdictions in international waters (e.g., Operation Martillo, Caribbean Corridor Strike Force) without seeking congressional approval.
  • No court has ever struck down such operations for lack of authorization.
 
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