Advocacy Groups Sue Trump Administration to Release Legal Memo on Venezuelan Drug Boat Strikes
WASHINGTON, D.C. — The Trump administration is facing a new legal challenge as advocacy organizations press for the release of a classified memo detailing the legal basis for U.S. military strikes on suspected drug trafficking boats near Venezuela. The lawsuit, filed by the American Civil Liberties Union, the ACLU Foundation, and the Center for Constitutional Rights, seeks immediate disclosure of a legal opinion authored by the Department of Justice’s Office of Legal Counsel (OLC). This memo reportedly outlines the U.S. government’s authority to conduct lethal strikes against vessels alleged to be transporting narcotics.
The controversy stems from strikes initiated in September 2025, when the Trump administration publicly acknowledged the first missile attack on a suspected drug boat in the Caribbean Sea. The operation drew intense scrutiny after a second missile was fired, killing the only two survivors of the initial strike. Video footage shared on social media platforms, including posts by former President Trump, showed the vessel moments before its destruction, intensifying public debate over the legality and morality of the actions.
According to the lawsuit, the plaintiffs submitted identical Freedom of Information Act (FOIA) requests in October 2025 to the OLC, the Department of Defense (recently renamed the Department of War), and the Department of State. Despite these requests, the agencies have yet to release the documents. The ACLU argues that transparency is essential to foster informed public discourse on what it describes as “unprecedented strikes” that may violate both domestic and international law.
War Secretary Pete Hegseth defended the operations, telling Fox News that assembling the intelligence for the initial strike took nearly a month and required shifting military assets from other global theaters. He emphasized the administration’s commitment to combating narcotics trafficking, describing the operations as part of a broader anti-narco-terrorism strategy. Meanwhile, Secretary of State Marco Rubio and President Trump have publicly supported the strikes, underscoring the administration’s hardline stance against drug cartels operating in the region.
However, Democratic lawmakers and civil rights advocates have condemned the strikes, with some labeling them potential war crimes. Senator Tommy Tuberville, a Republican from Alabama, criticized the Democratic response as politically motivated attacks on the military. The legal battle now centers on whether the government must reveal the legal rationale underpinning these lethal actions, which critics say may have circumvented congressional authorization and international norms.
The Department of Justice’s Office of Legal Counsel plays a pivotal role in providing legal guidance on the executive branch’s use of force. The release of the OLC memo would shed light on the administration’s interpretation of its authority to conduct such strikes without explicit congressional approval. The lawsuit highlights the ongoing tension between national security prerogatives and the public’s right to government transparency.
As the case proceeds, it raises broader questions about the limits of executive power in military operations targeting non-state actors involved in drug trafficking. The outcome could set a precedent for how future administrations justify and disclose covert or semi-covert military actions. For now, the public and lawmakers alike await clarity on the legal foundation for the Trump administration’s controversial strikes in the Caribbean.
For more information on the Freedom of Information Act and related government transparency efforts, visit the FOIA.gov portal. Updates on the Department of Defense’s evolving role in counter-narcotics operations can be found at the Defense.gov Newsroom.
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