Murder, plain and simple

Brief story for you. I was a day out of this year’s Burning Man, meaning I had been almost entirely out of touch with the default world for, in this case, over three weeks. This is so refreshing and pleasant that it makes me wonder why I go back to being a news junkie when I come home, but that is another topic. I had been gradually playing catch up, like easing into a too hot jacuzzi, but not gotten very far. (A side anecdote is that literally the first thing I saw upon turning on the “news” was a chyron talking about whether or not the Epstein files were going to be released. Not so new.) So when in the course of chatting with my brother and learning about what more worthy stuff I might have missed, I didn’t quite grasp what he was telling me when he described the first missile strike on a suspected drug boat in the Caribbean. As in I just didn’t get it. They did what? Wait, what?! He was being perfectly clear, I just couldn’t get my head around the idea that the US military had blown up a small boat, in international waters, with eleven people aboard, for being suspected of drug trafficking. No way. I should have learned long since that nothing is outside the realm of possibility with our current clown car of “leaders”, but this seemed beyond the pale. My jaw-dropping disbelief didn’t take long to morph into volcanic outrage, and it has gotten nothing but worse as it not only continued but got more unbelievable over time.There are too many things to be outraged about in our country today, and I have a long list, but it should give you some understanding of just how much this sickens and infuriates me that I am going here first on my return. The strikes – which I believe total twenty-two now, with eighty-seven dead – are illegal, unconstitutional, immoral and fly in the face of everything we are supposed to believe in and defend. Let’s look at why.

Bullet points that I will try to present in kind of a domino cascade of bullshit:

• There has been no attempt to provide the evidence or proof showing these boats being smuggling drugs, or being members of so-called “narcoterrorist” organizations
• Even if they were it would not be legal to destroy them and kill the occupants because they have not been prosecuted or tried, as in not provided with due process
• Even if they had they cannot be executed because narcotics smuggling is not punishable by death
• Even it if was the US would not be allowed to do it because we have no proof or their intent to smuggle those drugs to the US
• Even if we did we still couldn’t do it because we have no authority in international waters
• Even if we waited  until they were in our territorial waters, it still would be illegal for the military to do it because law enforcement is not in their remit

Just a quick list of all the things they would have to justify these clearly, blatantly, ridiculously extrajudicial killings. Which makes them murder. But even more offensiove is how pathetic and insulting their attempts at justification have been.

After the first strike was revealed (and when and how did gloating video of military action from the Secretary of Defense become DoD policy?) they said it was within the President’s authority because the US is “in armed conflict” with the cartels, but let’s unpack that. ConDon did in fact declare Tren D’Agua a terrorist organization by executive order, itself probably illegal, which on first look could be a step towards a whiff of justification. Excerpt for a few pesky details: drug cartels are not terrorist organizations because they are based on economics, not ideology – terrorists don’t terrorize to make money, which is the only motivation of drug dealers; we are not in armed conflict with them because that would mean we had declared war, which POTUS doesn’t do, it being Congress’ job, but we’ll dig deeper on that in a bit; even if – here we go again – it was his job, he couldn’t because, well, cartels are not states, and we can only (despite our insistence on making “war” on everything from poverty to drugs to woke) make war on other countries; and, in a seeming odd but significant detail, they are not at war with us either – who would declare it? So much for justification number one. But before going into their next bullshit claim we need to talk about the War Powers Resolution. 

The WPR of 1973 was passed – over Nixon’s veto attempt, which should tell you something – to curb the president’s power to empower the military in the name of attacking stuff, stepping into international conflicts, or just generally playing war whenever he feels like it. Now, the WPR is insanely complicated and controversial and I can’t pretend to be clear on all the ins and outs – I listened to very smart people discuss it on the 99PI podcast for like an hour recently – but that wikipedia link above goes pretty far if you’re interested. It basically goes all the way back and tries to untangle the framers’ not-so-great distinction of powers between Congress and POTUS laid down in Articles 1 and 2 of the Constitution, which they were frankly a bit sloppy with since they are pretty much in direct opposition. As in you can make the argument that the Civil War wasn’t actually even a war and that Lincoln did all sorts of shady shit with blockades and proclamations and stuff. Oy. And it is worth noting that every president since, every one, Republican and Democrat has tried with varying degrees to wiggle around or otherwise supersede it. (It is only a matter of time until we start hearing about Obama and Syria, where Barack very slickly sought permission to intervene militarily while pointing out that he didn’t need to ask. Itwill be worth remembering when it comes up that it was backed by a UN resolution so it is pretty far from blowing up drug boats in the Caribbean.) But one of the things it says is that the president has to notify Congress within 48 hours what he ordered, why he did it and how long it will go on. So in this case it should come as no surprise that Hegseth and Donny did no such thing. Well, they did meet the 48 hour deadline – congratulations, guys! – but not the other parts. More WPR in a sec.

After the next strike, complete with more social media video and chest-pounding, they sent another letter to Congress, who had quite alarmingly not been evincing much concern. Despite there having been almost no pushback on their first supposed justification, they went ahead to plan B which was to point out – erroneously – that the President could unilaterally declare war and these attacks fell under that power. Um, hang on. The first attack was okay because we were at war and the second one was okay because the president was declaring war? Hmmm. Stupid for being simply contradictory, but absurd because neither were true. Gah. They also trotted out a “direct threat to the nation” and it was in, wait for it, self-defense. Three guys in a speed boat headed to the Bahamas hundreds of miles from an American shore had to be stopped because they were scary. I don’t know if it was more or less effective than the first attempt, but it was equally laughable. This time Congress started to pay a little attention partly because of stupid but also because the boat strikes were continuing and while the public would have happily continued not to notice or care, ‘Ol Petey (“You’re killin’ me, Petey! Killin me!” – name that movie) couldn’t resist rattling his saber of overcompensation after every strike. So after some rumbles of outrage started to resonate, justification number three, another letter to Congress, was floated. What made this one notable was that it didn’t even try, basically saying they were authorized by virtue of the president wanted to and that was reason enough. The “Daddy said I could” defense. Fuck me. And that was that. Republicans in Congress said “fine”, Democrats said “but, but”, nothing changed and the strikes continued unabated, even accelerating and moving into the Pacific. The Pacific part reminds me that I need to insert here somewhere that their details were as faulty as their argument. They backed up their specious logic with bald-faced lies: we have to stop the scourge of fentanyl –  fentanyl comes overland from Mexico, these boats were bringing cocaine from Venezuela and Columbia; we were getting airtight intelligence on these “terrorists” – we haven’t had even shitty intelligence from Venezuela for decades; the x number of pounds of drugs on board would kill x number of Americans – you couldn’t make that math work even if you had the real numbers; they’re all members of TDA – two survivors that were sent back to Venezuela were released because they had to criminal ties or records, (you can alternatively attack this one because there seems to credible evidence that one of them was, in fact, a Columbian fisherman and his families claims are currently making their way through the courts). Please note that none of the refutations of these claims are from obscure date points or tortured logic. They are common goddamn knowledge. The Pacific?! If you gave a map to a five year old and asked how you would bring toys from Venezuela to the US not one of them would even glance at the Pacific. Jesus Barking Christ! Where was I? Oh, yes, the WPR.

Another provision of the WPR is that you have sixty days after starting before you have to stop, and then absolutely have to ask permission to keep going. First strike was September 1, the most recent was yesterday, December 5. So much for the WPR. No letter, no oversight, so public hearings, no nothing. Oh sure, Armed Services has had some sunshine blown up their asses, and a few – like three – Congress critters are sending strongly worded letters to the DoD and Hegseth, but there has been a singular lack of real outrage. If Admiral Holsey’s unexpected early resignation – the head of US Southern Command, the relevant theater – raised some pretty important eyebrows and certainly speaks volumes, the fact that we now know he was pushed out by Hegseth should ring alarm bells. And honestly, the fact that there is now a stink being raised about the follow-up strike on the survivors is more galling to me than anything. This is the line? We will abide the first attack but the second is too much? Please. It wasn’t illegal to kill on suspicion of a non-capital crime, but to blow up the survivors is a war crime? We aren’t at war and they are both murder!

Circling back to my response when I learned of the first strike, I want to know this: why in the name of everything that is right and good was this not the biggest piece of news on the planet and why the everloving fuck are we not rioting in the streets in protest? Extrajudicial? It is murder. Pre-meditated, cold blooded execution. And as mad and sick that that makes me, I am even more infuriated with anyone who has the temerity to pull the “so should we just let them bring drugs to America?” or “how dare you side with drug dealers” defense. Of course we should be doing everything legal we can to stop drugs entering our country and we obviously have no love for drug dealers. No one, and I mean utterly no one, has even suggested such a thing and fuck you for implying that they have. This is murder and everything that definition applies. You know we have a perfectly legal and effective method already in place for this, right? It’s called the Coast Guard and they rock. Do they stop every drug boat? Of course not, but neither do these unconscionable missile strikes. But there are important distinctions: if the boat is stopped and has drugs, the smugglers are detained, the drugs seized and due process is served, stated goal achieved; if they do NOT have drugs, a distinct possibility that has probably already happened, no innocent boaters or fisherman were murdered. And those distinctions must have meaning or we are lost. Lost as in if they are allowed to get away with this what or who will be next? They have already proven themselves to be racist xenophobes with their immigration policies. Is it such a long step from ignoring due process and the law – not to mention morality – to muder “narcoterrorists” to executing illegal immigrants?  I can feel you cringing but I don’t think so. Consider the language being used to describe people not born here. “Garbage”, “scum”, “animals” or “vermin” that are “destroying our country” or “tearing us apart” or “ruining America”.  Those are all direct quotes from the president or his minions and the exact words used to describe drug dealers and terrorists. In their minds it is all the same crime just committed in different contexts, and all are punishable by death should the mood take them. They already have blood on their hands, what’s a little more?

I know we are living in horrific times and we all know that those responsible for it are immoral and cruel. And I don’t know if this is even the worst thing that they have done – that debate is too sad and sickening to consider. But it is a tipping point, a test, a rubicon. If we keep redrawing the line and keep allowing what happens beyond it, we are all to blame and will need to check our hands.