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OPINION:
President Trump has had some fun renaming the Defense Department the War Department, a name it hasn’t held since 1949. It sounds more macho, although he cannot make the name effective without an act of Congress.
Regardless of this small political drama, we apparently are at war with Venezuela after Mr. Trump or Secretary of War Pete Hegseth ordered the attack on a drug smuggling boat killing 11 Tren de Aragua gang members. Mr. Trump tried to deport other Tren de Aragua members months ago and was blocked temporarily by U.S. District Judge James Boasberg. His ruling was partially reversed by the Supreme Court, which ruled that deportations could be ordered only by a judge whose jurisdiction was where the Tren de Aragua members were held.
That case was more than a little interesting. Mr. Trump claimed the U.S. had evidence that the Tren de Aragua members were sent intentionally by the Maduro regime, which would have satisfied a criterion under the Alien Enemies Act that an incursion was made at the order of a government. Unfortunately, the government chose not to submit that intelligence evidence to the judge.
The State Department designated Tren de Aragua as a terrorist organization in February.
About a video shared with the press on Sept. 2, Mr. Trump said, “Over the last few minutes, [we] literally shot out a boat, a drug-carrying boat. A lot of drugs in that boat. … It just happened moments ago.” The boat was in international waters and apparently was headed to the United States. The boat was destroyed, perhaps by a Marine fighter with a Hellfire missile. All aboard were killed.
Venezuelan ruler Nicolas Maduro, a socialist dictator who stole the past couple of elections in his country, claimed the U.S. was trying to topple his regime. He also said his nation was “super-prepared” and wouldn’t bow to U.S. threats.
Three nights later, for the second time in two days, Venezuelan fighter aircraft flew close to U.S. naval vessels in international waters. Mr. Trump subsequently warned that if they posed a danger to our ships, Venezuelan aircraft would be shot down.
It would be a considerable accomplishment for the president to topple the Maduro regime. It is entirely corrupt and at least a collaborator in Tren de Aragua’s activities. We are apparently at war with the drug cartels, as this column reported on Aug. 12, but are we at war with Venezuela?
We can go over, again and again, the old Ron (and Rand) Paul argument that only Congress can declare war. An undeclared, covert war is not something to take lightly. Secretary of State Marco Rubio said in a recent speech that the traditional policy of interdicting drug boats coming to the U.S. hasn’t worked. He added that the U.S. is “going to wage war on narco-terrorist organizations.”
Mr. Trump is the first president to undertake a war against the cartels, but is it a war in the constitutional sense?
It must be. The Constitution doesn’t distinguish between covert and overt wars, but Congress’ power to declare war hasn’t been used since World War II. In Afghanistan and Iraq, Congress chose to enact the Authorization for Use of Military Force instead of declaring war, which would have been clearer and vastly more preferable.
Mr. Trump has said the U.S. has the right to “to eliminate imminent threats to the United States.” That is clearly true. So which argument, Mr. Paul’s or the president’s, is correct?
The constitutionality of Congress’ 1973 War Powers Resolution has never been affirmed by the Supreme Court, so its limitation of presidential power to 60 days of undeclared war remains undecided. It’s curious that despite The New York Times’ publication of the undeclared war against the drug cartels, no one has challenged it in court.
As noted above, Mr. Trump is the first president to undertake a war against the drug cartels. It is part of his “America First” effort to resume power and challenge the War Powers Act. Curiously, the Senate hasn’t reacted to the Times’ story. The Times’ function as a think tank for the Democrats is being ignored because the House wouldn’t pass any legislation curtailing the president’s powers to wage war against the cartels.
The president’s action in ordering the destruction of the Tren de Aragua boat was correct. Mr. Rubio was also correct when he said mere interdiction of drug boats doesn’t work. What about China?
Last week, the Justice Department announced the seizure of 300,000 kilograms of precursor chemicals for methamphetamine. As U.S. Attorney Jeanine Pirro said, “China was sending over 700,000 pounds on the high seas to the Sinaloa Cartel before my office seized them. Because President Trump and Secretary Rubio declared the Sinaloa Cartel a Foreign Terrorist Organization, we can now strike faster and hit harder.”
China is much more of a danger to U.S. national security than Venezuela can ever hope to be. When will the president take action against China?
• Jed Babbin is a national security and foreign affairs columnist for The Washington Times and a contributing editor for The American Spectator.
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