Can the President Order Military Strikes on Drug Boats?
federal employment law of armed conflict military orders mindfulness at work whistleblower protections Oct 24, 2025Since early September, reports have surfaced of U.S. military strikes on suspected drug-smuggling boats in the Caribbean and Eastern Pacific. The White House has justified the actions by claiming the United States is in an “armed conflict” with cartel-linked traffickers. That framing raises urgent legal questions—because drug trafficking, however violent, doesn’t meet the legal definition of an “armed attack” under U.S. or international law.
The administration’s position suggests a new theory of warfare: that cartels can be treated as combatants. Legal experts across the spectrum—national security scholars, former JAG officers, and DOJ veterans—see this as a dangerous overreach. Labeling a criminal enterprise as a wartime enemy doesn’t create the legal conditions for armed conflict.
The Two Legal Boxes for Lethal Force
Federal law recognizes only two legitimate justifications for lethal force: self-defense and armed conflict.
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Self-defense applies when deadly force is needed to stop an imminent threat of death or serious bodily harm.
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Armed conflict allows targeting enemy fighters based on their combat status—but only when violence meets clear thresholds of organization and intensity.
Calling drug smuggling a war does not make it one. The administration has invoked both “self-defense” and “armed conflict” language without releasing the underlying legal rationale—no Office of Legal Counsel (OLC) memo, no public white paper, no congressional statement of authority. Past administrations, even in controversial drone campaigns, provided at least some written justification. Here, the silence is striking.
What Federal Employees Should Do
If you’re in uniform or part of DoD, DHS, or the Coast Guard, your compass is the Law of Armed Conflict and lawful orders doctrine.
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You are not required to follow a manifestly unlawful order.
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Document what you receive—keep contemporaneous notes, request written guidance, and consult your JAG or agency counsel before acting on unclear direction.
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Elevate concerns through your chain of command, Inspector General, or protected disclosure channels if necessary.
If you work in policy, oversight, or legal review, ask for:
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The statutory or executive authority invoked;
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Whether the War Powers Resolution applies;
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The existence of a written, reviewable legal opinion.
Transparency is not optional—it’s what separates lawful national defense from unlawful use of force.
A Mindful Take on Law and Duty
Mindfulness in public service isn’t about detachment—it’s about awareness. When policy moves fast, slow down enough to ask: Is this legal? Is it clear? Is it defensible? The rule of law depends on professionals who stay grounded in both ethics and evidence.
Legal Disclaimer: The information provided in this article is for informational purposes only and should not be construed as legal advice. While I am a federal employment attorney, this post does not create an attorney-client relationship. Every situation is unique, and legal outcomes depend on specific facts and circumstances.
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