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Nov. 20, 2025

America confronts the legal limits of its expanding drug war

A new U.S. military campaign targeting alleged drug-smuggling vessels raises profound constitutional, statutory and international law concerns because it uses lethal force without congressional authorization, due process or clear evidence that the targets pose an imminent threat.

John H. Minan

Emeritus Professor of Law
University of San Diego School of Law

Professor Minan is a former attorney with the Department of Justice in Washington, D.C. and the former chairman of the San Diego Regional Water Quality Board.

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America confronts the legal limits of its expanding drug war
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President Donald Trump and his administration have mounted a lethal military air campaign against alleged drug-smuggling vessels in the Caribbean and eastern Pacific Ocean. The air strikes have blown up 15 boats and killed more than 80 individuals. Apart from grainy videos showing the boats being blown to smithereens, the public has been given no evidence that the boats were carrying drugs or the identity of the crews.   

The use of the militar...

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