berg80
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- Oct 28, 2017
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Trump Claims the Power to Summarily Kill Suspected Drug Smugglers
By ordering the U.S. military to summarily kill a group of people aboard what he said was a drug-smuggling boat, President Trump used the military in a way that had no clear legal precedent or basis, according to specialists in the laws of war and executive power.Mr. Trump is claiming the power to shift maritime counterdrug efforts from law enforcement rules to wartime rules. The police arrest criminal suspects for prosecution and cannot instead simply gun suspects down, except in rare circumstances where they pose an imminent threat to someone.
By contrast, in armed conflicts, troops can lawfully kill enemy combatants on sight.
Because killing people is so extreme — and doing it without due process risks killing the wrong people by mistake — the question of which rules apply is not simply a matter of policy choice. Domestic and international law both set standards constraining when presidents and nations can lawfully use wartime force.
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www.nytimes.com
As has been the case in a number of instances when trump has ordered legally dubious actions, his government now finds itself scrambling to identify a legal justification. For Don, more often than not it comes down to "because I wanted to, now stop me."
But the trafficking of an illegal consumer product is not a capital offense, and Congress has not authorized armed conflict against cartels.
That raises the question of whether Mr. Trump has legitimate authority to tell the military to summarily kill people it suspects are smuggling drugs — and whether the administration allowed career military lawyers to weigh in.
“It’s difficult to imagine how any lawyers inside the Pentagon could have arrived at a conclusion that this was legal rather than the very definition of murder under international law rules that the Defense Department has long accepted,” said Ryan Goodman, a New York University law professor who worked as a Pentagon lawyer in 2015 and 2016.
Our prez has for a long time considered himself to be above domestic laws. Now he's added international law to the list.
