Legal Expert Explains Rules of Engagement for Striking Drug Boats

Legal Framework for Striking Drug Boats

• 🎯 The U.S. is authorized to strike boats carrying drugs intended for Americans, a policy supported by the Office of Legal Counsel and the Department of Justice.
• ⚖️ The process involves two key steps: establishing legal justification and then using intelligence to identify specific boats as legitimate targets.
• 🧠 Commanders, like Admiral Bradley, make the final decision to strike based on intelligence and legal parameters, with approval from the Secretary of Defense.

The Second Strike and Rules of Engagement

• 🚢 In a specific incident, a damaged boat remained a target because its cargo could still be recovered and sent to the U.S.
• 💥 Admiral Bradley ordered a second strike to sink the boat and its cargo, deeming it a legitimate target.
• ⚖️ The key distinction for legality lies in the intent: sinking the cargo is legal, while intentionally targeting survivors would be a war crime.

Military Command and Decision-Making

• 🎖️ Admiral Bradley, a highly decorated four-star admiral, acted within his authority as a combatant commander.
• 🏛️ The Trump administration empowered commanders to make battlefield decisions, contrasting with perceived micromanagement in previous administrations.
• 📜 Operations are governed by extensive, well-vetted written rules of engagement, which commanders are expected to follow.

Media Narratives and Legal Realities

• 📰 The Washington Post's reporting is criticized for misrepresenting the events and the decision-making process.
• 🔒 Leaks of classified information create challenges for responding accurately due to national security concerns.
• 🗣️ Politicians may use such incidents for partisan talking points, but the legal framework and facts support the actions taken.

UCMJ and Unlawful Orders

• 📜 The Uniform Code of Military Justice (UCMJ) requires disobedience only of manifestly unlawful orders, not those open to interpretation.
• ⚠️ Members of Congress are cautioned against misrepresenting the UCMJ to encourage disobedience of lawful orders.
• ⚖️ Retired military personnel like Mark Kelly can be subject to the UCMJ, while others may face civilian charges for undermining military morale or discipline.