The Trump administration has reportedly informed members of Congress that the president’s unauthorized airstrikes on vessels in international waters can continue indefinitely. The rationale for this stance is similar to that used by the Obama administration during its 2011 bombing of Libya, according to reports.
The Washington Post stated that T. Elliot Gaiser, head of the Trump administration’s Office of Legal Counsel, made these remarks to a small group of lawmakers this week. This occurred amid indications that the president may be planning to escalate military operations in the region, potentially targeting locations within Venezuela.
Under the 1973 War Powers Resolution, the president is required to terminate military operations not approved by Congress within 60 days. This period begins when the president notifies Congress of the military action. Monday marks the 60th day since Trump notified Congress of his first strike on a boat in the Caribbean in early September. That attack killed 11 individuals whom the administration accused without evidence of attempting to smuggle drugs from Venezuela to the United States.
Since then, Trump has authorized more than a dozen additional strikes on vessels in international waters, resulting in the deaths of over 60 people. Human rights organizations and United Nations experts have described these actions as clear violations of U.S. and international law.
The Trump administration has claimed that the U.S. is engaged in an “armed conflict” against drug cartels designated as “terrorist organizations.” However, the White House argues that military actions in international waters are not subject to the War Powers Resolution, asserting that the operations do not constitute “hostilities” because American troops are not at risk.
Brian Finucane, a former legal adviser at the State Department now with the International Crisis Group, noted that the administration’s narrow definition of “hostilities” mirrors arguments made by the Obama administration in 2011 regarding the Libya intervention. He pointed out that the Obama administration’s interpretation was met with criticism, including from members of Congress.
Senator Rand Paul of Kentucky is among those supporting a bipartisan effort to prevent the president from unilaterally attacking Venezuela. Finucane emphasized that the implications of the Trump administration’s interpretation of hostilities are significant, suggesting it could enable continued military actions at sea despite the time limits set by the War Powers Resolution.
He further argued that the executive branch is assuming greater power over the use of force, which constitutionally belongs to Congress. “It is a power grab in the service of killing people outside the law based solely on the president’s own say so,” he said.
On Saturday, Drop Site reported that the Trump administration has expanded its list of targets to include sites in Colombia and Mexico. This development has raised concerns that the president may soon launch attacks against Venezuela and attempt to remove President Nicolás Maduro from power.
According to the outlet, during an Oval Office meeting in early October, Trump administration officials and senior military leaders discussed increasing pressure on Venezuela beyond the current semi-regular attacks on boats in the Caribbean. The plans reportedly included striking land-based targets within Venezuela. The same meeting also involved a directive from Trump to his special envoy, Richard Grenell, instructing him to cut off diplomatic communications with Maduro.
When asked during a recent “60 Minutes” interview if he believes Maduro’s time as president is “numbered,” Trump responded, “I would say yeah.”
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