WSJ What’s News – Are Trump’s Lethal Attacks on Drug Boats Legal?

Date: September 28, 2025 | Host: Caitlin McCabe

Episode Overview

This episode investigates the Trump administration’s recent policy of using lethal military force against suspected drug-smuggling boats in international waters near Venezuela. Host Caitlin McCabe consults national security reporter Vera Bergengruen and legal correspondent Jess Bravin to unpack the legality, regional and international response, and the broader significance of these attacks.

Key Discussion Points & Insights

1. Trump Administration's Shift in Counter-Narcotics Policy

• Designation of Cartels as Terrorist Groups:
  Upon taking office, President Trump signed an executive order labeling international drug cartels as Foreign Terrorist Organizations (FTOs), allowing for military treatment of suspected traffickers.

  • "President Trump came into office making fairly clear that he was going to be very focused on the Western Hemisphere and ... combating drug trafficking."
    — Vera Bergengruen [01:55]

• Escalated Military Presence:
  The administration increased military deployments—warships, aircraft, and personnel—in the Caribbean, a scale not seen since the 1980s.

  • "We started to see a very different kind of buildup there ... quite unprecedented military buildup in the Caribbean."
    — Vera Bergengruen [01:55]

2. The Strikes: Execution and Secrecy

• Lack of Transparency:
  Information about the targeted boats has been sparse: no briefings on locations, identities of those killed, or concrete evidence of drugs.

  • "The Pentagon hasn't really done a briefing ... Trump officials have said that these boats are heading to the U.S., but ... it's not quite clear where the drugs were going."
    — Vera Bergengruen [02:56]

• Unclear Evidence:
  The administration circulated aerial footage showing strikes but little else; Dominican authorities reportedly found cocaine but details remain limited.

  • "They released images of these packages. But even so, a lot of people say that's not enough information ... without really releasing much evidence."
    — Vera Bergengruen [02:56]

3. Regional and International Response

• Varied Reactions in the Region:
  Some Caribbean nations (Dominican Republic, Trinidad) have supported the US actions; Colombia and others have condemned them as "excessive and destabilizing," raising concerns over extrajudicial killings.

  • "We've seen Colombia ... call it excessive and destabilizing, and ... basically extrajudicial killings that are outside of international law."
    — Vera Bergengruen [04:24]

• Political Theater and Venezuelan Narratives:
  Venezuelan President Nicolás Maduro leverages the strikes to rally support domestically, fueling anti-US sentiment and bolstering his grip on power.

  • "This kind of invasion narrative is helping somebody who's quite an unpopular president."
    — Vera Bergengruen [04:24]
  • "Political theater, that's something I wanted to touch on for both sides..."
    — Caitlin McCabe [05:23]

4. Legal Foundations and Questions

• New Justification via Terrorist Label:
  The administration argues that, since drug cartels are now "terrorists," the military may lawfully target them in international waters, treating drug smuggling as a military threat rather than a criminal issue.

  • "He justifies these attacks as going after a military target. ... A change from how ... every other country has handled ... drug smuggling before as a criminal matter."
    — Jess Bravin [08:30]

• A Post-9/11 Legal Framework:
  The tactic echoes the expanded executive powers post-9/11 and the willingness to reinterpret domestic and international law to allow new forms of military action.

  • "After 9/11, the Bush administration decided to reinterpret international law ... to let it do a lot more stuff that would have been illegal under the understanding of international law and US law that preceded 9/11."
    — Jess Bravin [09:20]

• Internal Legal Dissent:
  Not all US officials agree; military lawyers (JAGs) and some Defense Department staff argue that cartels do not meet the accepted definition of terrorist groups and raise concerns over due process.

  • "A terrorist organization has been understood to be an entity with a political objective. ... Drug cartels aren't really in the politics game other than to support their commercial interests."
    — Jess Bravin [10:48]

• 'Workaround' of Legal Hurdles:
  With US courts blocking the death penalty for non-homicidal drug smugglers, military attacks outside US jurisdiction bypass existing legal protections.

  • "In a sense, he has found a workaround ... If he kills [drug smugglers] before they enter the United States, that's outside the jurisdiction..."
    — Jess Bravin [11:24]

5. Global Legal Recourses and Limits

• Weak Enforcement Against the US:
  Venezuela could file complaints with international bodies, but enforcement—especially against a US administration—is negligible.
  • "The most that Venezuela ... could do would be to try to get some kind of international legal consensus disagreeing with the United States."
    — Jess Bravin [12:25]
  • "The only legal enforcement army ... is the United Nations Security Council ... but the United States and ... allies have veto power."
    — Jess Bravin [12:25]

6. Future Outlook

• Normalization of Lethal Force:
  As strikes continue, repetition may transform controversial attacks into the "new normal."
  • "The more you have, the more acceptable it becomes. ... If there's a few every month, and that just becomes part of the new normal."
    — Jess Bravin [13:22]

Notable Quotes & Memorable Moments

• "Every indication we've had so far from the Trump administration, it seems like they are planning to not necessarily slow down these attacks."
  — Caitlin McCabe [06:16]

• "This president likes to find military solutions to what have been seen traditionally as civilian problems."
  — Jess Bravin [09:20]

• "We've had three [strikes] already ... but the more you have, the more acceptable it becomes."
  — Jess Bravin [13:22]

Important Segment Timestamps

• [01:55] – Vera Bergengruen on Trump’s new designation of cartels and military escalation
• [02:56] – Lack of transparency and evidence regarding the attacks
• [04:24] – Regional reactions: support and condemnation
• [05:39] – Discussion on political theater and escalation
• [06:30] – Trump administration’s signals about the future of the strikes
• [08:30] – Jess Bravin explains the legal justification and its novelty
• [09:20] – Post-9/11 legal precedents and controversies
• [10:48] – Definition of terrorism and internal legal dissent
• [12:25] – International legal options and their limitations
• [13:22] – Normalization of repeated attacks

Conclusion

This episode presents a critical look at President Trump’s aggressive approach to drug interdiction at sea, highlighting both the legal murkiness and the international debate it has generated. While some nations back the US for their own interests, others see a dangerous precedent in lethal, largely unaccountable force, all amid a context where concrete evidence and due process appear sidelined. The show closes noting continued operations are likely and calls attention to the risk of normalizing what was once deemed extraordinary.