B (16:21)
Yeah. I mean, look, I would go as far as to say this. I don't even think it was a war crime. I think it was just a crime because I think the underlying basis for the strikes themselves is so absurdly flimsy based on what we've heard come out of the Justice Department. I mean, the Guardian obtained, you know, leaked copies, allegedly, of the Office of Legal Counsel memo at DOJ that allegedly provides the underlying basis for all of these strikes. And that memo, according to those reports, effectively says that the United States has made the determination that the boats themselves, not the people, the boats themselves, and the drugs on them represent an imminent threat to the United States such that we are in a war. And the memo claims that the profits of those drugs are being used to fund a literal armed conflict against the United States because, of course, there is violence in the drug trade. This all rests on that one point, this. This kind of wacky piece of logic that drug cartels are not selling drugs to make money. They are selling drugs to wage a declared war against the United States. I think that is provably false. And. But you don't need proof to show that. And the whole thing rests on that, that sort of crazy logic that, no, no, no, it's a war because we say it's a war. I don't think you could ever get a single alive or dead that's ever even said a quote in public or private that their purpose in doing this is to somehow supplant the United States and take it over and destroy its democracy. These guys, as horrible as they are, they're criminals. They're criminals who are trying to make money in an illegal drug trade. They are not Nazi Germany trying to supplant governments around the world. They are not Al Qaeda and ISIS trying to overthrow the United States government. They may engage in violence in different countries, but fundamentally, it is not, under international law, warfare. And therefore, you cannot treat the belligerence, you cannot treat the drug couriers as belligerents, as combatants on a battlefield. And even if you could, then we would be assessing whether this was a war crime, because if it was a war, this appears to have not been conducted consistent with the laws of war. But I think we go to that first Question. I don't even think we can credibly say it's a war. And I think that is starting to dawn on people, including members of Congress, who have been privy to the logic in that memo. A lot of them have started to come out and say this is shaky at best and just patently illegal at worst. And I think that's ultimately going to be the conclusion of history, is that these strikes were based on completely flawed logic that says, no, no, we're just targeting the boats and the human beings are collateral damage, and don't worry about any of it because it's a war. And. And one more thing, Amy, I would say is even if you accept a whole bunch of these absurd premises, let's say we are in a war and, you know, let's say that these are legitimate targets, fine. But when you use airstrikes, that has to be done under the laws of proportionality. So, I mean, you know this better than anyone. I would defer to you on this point. But you use basically equal force when responding to something. So if you are facing an imminent threat, yes, you can use lethal force. If that boat had guns on it and the guns were pointed at US Soldiers and the trigger was about to be pulled, of course we can use lethal force back against them. But we don't need DOD to tell us that these boats didn't represent an imminent threat. Because it's obvious when you watch the videos, these are random boats in the middle of the ocean that we've now found out, many of which were not even coming towards the United States. Some were going to places like Trinidad. They did not represent an imminent threat. They might have represented a threat because we don't want drugs coming into the United States, but not enough to say we have to incinerate these people from the air. We have no opportunity to arrest them and prosecute them.