Eleven Dead on the High Seas. Trump Is Testing the Waters For Illegal Military Rule in America.
By Mitchell Zimmerman
Why is Donald Trump committing murder on the high seas?
Last week President
Trump bragged that “On my Orders,” the Navy destroyed a speedboat with eleven
people aboard, claiming that those slain were “Tren de Aragua Narco terrorists
. . . transporting illegal narcotics, heading for the United States.”
The legal procedure
for dealing with drug traffickers on the high seas is actually for the Navy or
Coast Guard to stop and board the suspect vessel, confirm it is carrying
illegal drugs, then arrest and prosecute those on board.
One week after the Caribbean
Sea attack, Trump and the Defense Department have yet to provide evidence the vessel
was carrying drugs to America. But even if had been, summarily killing eleven
civilians is still murder.
Calling a criminal
gang a “foreign terrorist organization” does not make it legal to slay alleged gang
members without a trial – particularly when the gang
has not been linked to acts of political terrorism,
as confirmed by the fact that the Justice Department’s two indictments of gang members include no charges of terrorism.
Still less does tagging
them “Narco terrorists” mean that the United States is in “armed
conflict” with a gang, to which the laws of war might apply.
Gangs aren’t enemy nations and they’re not fighting for a political ideology –
they’re in
it for the money. Suppressing them
isn’t warfare. The Navy was not engaged in a naval battle with a speedboat. Senator Reed condemned the
strike as a premeditated use
of lethal
force carried out without congressional authorization,
clear legal
justification, or evidence of an imminent threat
A former
State Department attorney specializing in
counterterrorism, Brian Finucane, put it succinctly. “Outside of armed
conflict, we have a word for the premeditated killing of people. That word is
murder.”
Annie Shiel, the U.S. advocacy director of the Center for Civilians in Conflict, confirmed the point. “Using lethal force in this way, outside of any recognizable armed conflict and without due process, is an extrajudicial execution, not an act of war.” Myriad legal experts confirm that obvious conclusion.
But Secretary of State
Marco Rubio sought to justify the slayings by asserting “interdiction doesn't work.” “What will stop them
is when you blow them up, when you get rid of them.”
Secretary of Defense Pete
Hegseth echoed the sentiment.
“Anyone trafficking in those waters who we know is a deadly terrorist will face
the same fate.”
But if our military is
allowed to blow up people on unproven assertions of drug dealing, the same
logic would justify the military engaging in summary executions of those they
deem “bad guys” in the United States itself. Which is perhaps the point.
Drug trafficking is
not a capital offense in the United States. The alleged crimes would not
warrant execution even if Trump’s targets were found to be cartel drug
smugglers..
In reality, there is
little reason to credit Trump’s claims about who the people on board were and
what they were doing.
· The U.S. Department of
Justice brought two indictments against the Tren de Aragua gang this year, in April and August. Neither indictment alleges the gang brings drugs from
Venezuela to the United States.
· The indictments
actually suggest more disturbing possibilities: that most of those Trump
ordered killed were victims of sex trafficking. The April indictment charged
Tren de Aragua with “forcing young women trafficked from Venezuela into
commercial sex work.”
· A former senior
federal law enforcement official suggested that the vessel
was on a human
smuggling run, carrying refugees
seeking to flee Venezuela.
Nonetheless, Trump prefers
the drug smuggling story because it is part of his strategy to conflate
immigration, crime and gangs to justify sending troops into American cities.
Trump’s claim that
undocumented immigrants have brought rampant crime to America is false. Few of those Trump is deporting have committed a serious crime,
and immigrants as a group are actually less
likely to commit crimes than native born
Americans. But Trump has repeated
his phony charge hundreds of times, and it has had an
impact.
Drug-running gangs
enjoy little sympathy, and Trump expects few people to worry about whether the
eleven individuals he ordered killed were drug traffickers or actually the
gang’s victims. But if he gets away with having the Navy blow them up, he hopes
Americans will come to see troops on our streets as acceptable, even desirable,
since they are (purportedly) fighting the same drug dealing villains.
Trump
himself drew the direct connection between his war
powers as commander in chief and his claim that military force is the solution
to crime in the U.S. when he recently threatened, “Chicago about to find out
why it’s called the Department of WAR.”
He will not
immediately order unrestrained violence against alleged criminals (or
opponents) as freely as he did in the Caribbean Sea off Venezuela. But he has
begun the process of legitimizing law-free military “law enforcement,” first
abroad and eventually in America.
Where will it end?
Trump has declared
emergency after emergency, many of them focusing on his deportation agenda, and
all of them stretching – and breaching – the lawful limits of presidential
power. Trump has correctly concluded that if he is to swiftly deport millions
of immigrants without considering their possible right to be here, his targets
must be deprived of the due process of law which our Constitution guarantees to
everyone in America.
But eliminating due
process rights does not enjoy broad popular support, and Trump’s deportation
efforts have repeatedly been stymied by the courts. Enter the concocted “Narco
terrorist” boat incident. In Trump’s narrative – never mind truth or evidence –
the U.S. Navy eliminates “bad guys” on the high seas without bothersome legal
process.
It’s political
theater. But not just theater.
The legal theories are
those Trump’s Justice Department has asserted with little success in federal
court: First, that Trump is entitled to use the military for “law enforcement”
because we are being “invaded.” Second, that alleged gang members can be
summarily deported and imprisoned (and now killed) because we are “at war” with
cartels. Trump may not be able to persuade the courts that these outlandish
legal theories are correct, but he can act on them with impunity in the waters
off Venezuela, by ordering the Navy to dole out death.
Trump’s ultimate end is
plain enough: unlimited power.
Donald Trump was the
only president in the life of the Republic to refuse to surrender office after
losing an election. Donald Trump was the only president to unleash an
insurrection to try to hold onto office. And now, having lawfully returned to
power, he has not concealed his desire to remain after his current term ends.
During the 2024
campaign, Trump
promised his followers that if he was
elected, things would be “fixed so good” that “in four years, you don't have to
vote again.” And, after predicting his election to a second four-year term, Trump
told another audience “we’re probably
entitled to another four after that.”
Trump
has said he is “not joking.” “A lot of people want me
to do it,” he told NBC News this Spring. “There are methods which you could do
it.”
What method does Trump
have in mind? Here are some ways Trump could use the military to unconstitutionally
retain power:
Arrest
or detain voters. Recall Trump’s baseless
assertion that undocumented immigrants
are voting en masse in American elections. With the military placed in key
cities as a “crime fighting” force, Trump could use the soldiers and his masked
ICE agents to remove Hispanics and other “suspect” voters from polling places, on
the claim the soldiers are “ensuring election integrity.” Troops at polling
places arresting people would certainly also frighten others away from the
polls.
Seize
voting machines. In 2020 Trump explored having Homeland
Security or the Defense Department take
control of voting machines in swing states. Attorney
General Robert Barr reportedly shot down the suggestion.
But loyal sycophants Attorney
General Pam Bondi or “War” Department Secretary Hegseth might well direct their
departments to obey Trump’s orders to confiscate voting machines – and later report
Trump’s amazing, landslide electoral victory.
Cancel
elections because of an “emergency.” Donald Trump is the master of emergencies. He
might manufacture one to justify suspending elections.
Trump claimed a
handful of disruptive protests against ICE raids in Los Angeles constituted a “rebellion,” requiring a military
response. And he falsely
asserted crime was “totally
out of control in the District of
Columbia” to rationalize the troop takeover of the nation’s capital. Now he
threatens to send troops into Chicago, Baltimore and other cities that tend to
vote Democratic.
As Trump prepares to
rig the 2028 election as best he can, millions of Americans will take to the
streets against his illegal candidacy. Trump has little tolerance for the
constitutional right to assemble and protest. In June 2025 he
warned: “For those people
who want to protest, they’re going to be met with very big force.” During the widespread
peaceful demonstrations over the murder of George Floyd in 2020, Trump
asked his Defense Secretary about protestors near
the White House. “Can't you just shoot them? Just shoot them in the legs or
something?”
The Defense Secretary at
the time did not grant Trump’s wish. But loyalist Hegseth is not likely to oppose
any Trump suggestion.
A president who
whipped up a mob to seize the Capitol in January 2021 could mobilize right-wing
militias and MAGA forces for political violence before an election, and Trump might
assert that elections had to be suspended until “order” was (someday) restored.
Troops would enforce “calm” as the election was dismantled.
These scenarios only
seem far-fetched because we still find it difficult to contemplate an American
president engaging in naked, lethal dictatorial action.
Killing eleven people
off Venezuela was Donald Trump’s out of town try-out. Trump’s militarization of
our cities, if not resisted, could lead to the termination of free elections in
America.
Mobilizing for the
next election is not enough. The danger is now and we must resist now. We must withhold
our cooperation from Trump’s
authoritarian moves, refuse to obey in advance, pressure the institutions we
are associated with to stand up for our constitutional democracy, and peacefully take to the streets to demonstrate the scope of the resistance. It is not too late.
But if democracy is to be rescued, we must be the rescuers ourselves.
Don’t just blow your
horn. Get out of the car and join the protest.
Mitchell Zimmerman is an attorney, longtime social activist, and author of the anti-racism thriller Mississippi Reckoning. He's also a longtime contributor to Progressive Charlestown. His writing can also be found on his Substack, Reasoning Together with Mitchell Zimmerman.
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You may also be interested in his road-trip novel / social thriller Mississippi Reckoning. Read an excerpt. Read the Progressive Charlestown review HERE.