That was Sen. Andy Kim (D-N.J.), last Wednesday, questioning Adm. Kevin E. Lunday during the latter’s confirmation hearing to be the Commandant of the United States Coast Guard last Wednesday before the Senate Armed Services Committee.

Lunday answered, “Well, Senator, we're operating out there under our Coast Guard law enforcement authority as a law enforcement agency, a maritime law enforcement agency. And so that's not within our authority as a law enforcement agency during our Coast Guard operations under the Department of Homeland Security's authority.”

I begin with that exchange because to me, the heart of Lunday’s response – “that’s not within our authority as a law enforcement agency” – showed a senior military officer respecting the law under which he operates.

It also raises directly the question of under what law, or still-secret Justice Department interpretation of the law, is the Trump administration carrying out its destruction of alleged narco-trafficking boats and killing of crews – so far 21 boats and 83 dead crew members?

Before discussing, again, the legal issues surrounding the Trump administration’s military activity in the Caribbean, I want to lay out concerns about what the U.S. military is doing – beyond blowing up speed boats -- and how those actions, along with Venezuela’s reactions, could lead to a war no one wants.

On November 16, with the arrival of the USS Gerald R. Ford Carrier Strike Group, more than 15 percent of all deployed U.S. Navy warships are now positioned in the Caribbean Sea, a force greater than existed during the 1960s Cuban missile crisis. Remember, the earlier buildup included the USS Iwo Jima and its amphibious ready group with the 22nd Marine Expeditionary Unit (MEU) that has more than 2,200 Marines, MV-22 Ospreys, CH-53E helicopters, and landing craft.

Although U.S. Southern Command has said these forces are focused on counternarcotics efforts with regional partners, it has not commented or disclosed details on any other specific operations,

However, the New York Times reported Friday that “the U.S. Navy has routinely been positioning warships near Venezuela’s coast in locations far from the Caribbean’s main drug-smuggling routes, suggesting that the buildup is focused more on a pressure campaign against Venezuela than on the counternarcotics operation the Trump administration says it’s waging.”

At the same time, Air & Space Forces Magazine reported “multiple B-52H Stratofortress bombers [from Minot Air Force Base, N.D.] flew off the northern coast of South America on November 20,” on a “lengthy, nearly daylong flight, which a U.S. official said was a ‘presence patrol.’” At the same time that the B-52s were operating in the region, the U.S. also dispatched Navy F/A-18 Super Hornets from the Gerald R. Ford who then joined with a U.S. Air Force RC-135 Rivet Joint signals intelligence aircraft, the magazine reported.

“All the aircraft, including the fighters, switched on their transponders for parts of the mission, making them visible [to Venezuelan radar] on flight tracking data,” according to the magazine.

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From November 16 through November 21, elements of the Marine Corps 22nd MEU along with Trinidad and Tobago Defense Forces held joint training exercises in both urban and rural environments across Trinidad and Tobago, which is just seven miles away from the Venezuelan shoreline. Operations took place during daytime and after dark, and some incorporated 22nd MEU helicopters.

Last Saturday, Trinidad and Tobago Acting Foreign Affairs Minister Barry Padarath said that joint military training with Washington will continue. “We have said, very clearly, that part of our mandate from the nation has been to restore peace and security,” Padarath said, “and therefore we are partnering with the United States and continuing these joint efforts.”

All these past activities, plus President Trump’s threats, have caused Venezuelan President Nicolas Maduro to mobilize some 200,000 soldiers. With the announcement that the Gerald R. Ford was deploying to the Caribbean, Venezuelan Defense Minister Vladimir Padrino López raised the military alert levels in the country, according to El Pais newspaper. That meant, the newspaper wrote, “placing the entire country’s military arsenal on full operational readiness, as well as the massive deployment of land, air, naval, riverine, and missile assets; weapons systems; military units; the Bolivarian Militia; Citizen Security Organs; and the Comprehensive Defense Commands.”

Last week, Secretary of State Marco Rubio announced Monday’s U.S. State Department designation of Cartel de Los Soles, the Venezuelan criminal group Trump claims Maduro controls, as a “foreign terrorist organization (FTO).” Secretary of Defense Pete Hegseth said, “It gives more tools to our department to give options to the President,” and “nothing is off the table, but nothing is automatically on the table either.”

Sen. Rand Paul (R-Ky.), a member of the Senate Foreign Relations Committee and opponent of the attacks on alleged narco-trafficking boats, told Sunday’s CBS’ Face the Nation, “I think by doing this [naming Venezuela an FTO] they're pretending as if we are at war. They're pretending as if they've gotten some imprimatur to do what they want. When you have war, the rules of engagement are lessened.”

Looking at the political implications, Sen. Paul added, “I think once there's an invasion of Venezuela, or if they decide to re-up the subsidies and the gifts to Ukraine, I think you'll see a splintering and a fracturing of the movement that has supported the President, because I think a lot of people, including myself, were attracted to the President because of his reticence to get us involved in foreign wars.”

A CBS poll released Sunday showed just one in five Americans had heard a lot about the U.S. Caribbean military buildup, but of that knowledgeable group, 70 percent opposed going to war with Venezuela in the first place. In addition, 75 percent said Trump needed Congress’ approval before taking action in Venezuela, including just over half of Republicans.

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As for the legal side, Sen. Paul said, attacking boats “is really going against the rule of law in the way in which we interact with people on the high seas, and it has no precedent.”

At Wednesday’s hearing, Adm. Lunday gave the following explanation of how the Coast Guard legally carries out its non-lethal interdiction operations under maritime and U.S. laws.

“In the Eastern Pacific or the Caribbean or other locations, but principally in those areas,” Adm. Lunday explained, “we normally receive information. It could be from a surveillance aircraft or other means that there is a suspected drug smuggling boat that is headed north and then we will interdict that boat. We use an armed helicopter to disable the boat [by firing at their outboard engines] and then we will go aboard, seize the boat, and typically take a representative or take the samples, the cocaine that's on the boat if we can recover it. We'll destroy the boat as a hazard to navigation. Then we'll take the detainees who were operating the boat and we'll process them and…then arrest and then seek to prosecute.”

Lunday made clear “the helicopter interdiction tactical squadron which are…very specialized crews that do this work and they are trained and they're effective at disabling the engines. The time they would use lethal force was if they were fired upon from the drug smuggling boat under our mode of operating as a law enforcement agency.”

Near the end of last Wednesday’s hearing, Sen. Ben Ray Lujan (D-N.M.) asked Lunday, “Admiral, yes or no. Does the US Coast Guard have a role in these military strikes on vessels in the Caribbean or Pacific?”

Lunday responded, “Senator, thank you for the question. So, under our Coast Guard Maritime Law Enforcement Authority, we're not involved in the Department of War’s operations that you're describing. That's under the Department of War.”

Asked by Sen. Lujan if he had been to meetings about the strikes on vessels, Lunday replied he had “not been involved in meetings regarding those military activities specifically,” and later added, “I have not had a conversation with Secretary Hegseth about these strikes. No, Senator.”

Sen. Lujan closed by saying to the non-present Pete Hegseth: “Mr. Secretary, if you're out there, if you're listening to this…If you've ignored the Admiral, give him a holler, pull him in, have a good conversation, and learn from this wise person.”

That’s not a bad idea.

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OPINION — “The question before the body is, can the Congress stop a military conflict declared by the Commander-in- Chief because we don’t agree with the decision, and without our [Congress] approval it must end? The answer, unequivocally, to me is no. Under the Constitution, the authority to be Commander-in-Chief resides exclusively with the President. The power to declare war is exclusive to the Congress. Now, what could the Congress do constitutionally if they disagree with a military action that is not a declaration of war? We could cut off funding.”

That was Sen. Lindsey Graham (R-S.C.) speaking on the Senate floor on the afternoon of November 6, when debate was to begin on S.J. Res. 90, legislation that was “to direct the President to terminate the use of U.S. Armed Forces for hostilities within or against Venezuela, unless explicitly authorized by a declaration of war or specific authorization for use of military force.”

Graham’s remark that Congress could cut off funds to halt a President ordered foreign military action took me back 56 years to December 1969, when I was working for Sen. J.W. Fulbright (D-Ark.), then chairman of the Senate Foreign Relations Committee. I had in late 1969 been to Laos where the Nixon administration was carrying out a secret bombing campaign in an attempt to limit weapons going from North Vietnam to pro-Communists in South Vietnam.

To halt the at-the-time classified Laos bombing program, Fulbright introduced an amendment to the fiscal 1970 Defense Appropriations Bill that prohibited the use of U.S. funds to send American ground combat troops into Laos or Thailand. To get his amendment debated and passed, Fulbright had to arrange for a closed-session of the Senate.

That closed session was held on December 16, 1969, with all 100 Senators present, a handful of staff – including me – but no one in the public galleries and no reporters in the press gallery. After a 90-minute debate, the amendment passed. The House accepted the amendment in conference and it was signed into law by President Nixon on December 29, 1969.

Fulbright’s purpose was to assert Congress’ Constitutional role when it came to a prospective military operation amid his concern that the Nixon administration was expanding the Vietnam War into neighboring countries without consulting Congress.

I describe that long-past activity to explain my continuing apprehension over today’s possible Trump administration military action against Venezuela. The Trump administration has already introduced deadly military operations against alleged narco-traffickers working from a secret list of drug cartels using a classified Justice Department Office of Legal Counsel opinion which claims the drugs are to kill Americans and finance arms to terrorists who will destabilize the U.S. and other Western Hemisphere countries.

Last Thursday and Friday, President Trump met in the Oval Office to discuss a host of options for Venezuela with Vice President JD Vance, Defense Secretary Pete Hegseth, Joint Chiefs Chairman Gen. Dan Caine, Secretary of State Marco Rubio and Deputy Chief of Staff Stephen Miller.

Friday night, in remarks to reporters aboard Air Force One as he traveled for the weekend to his Mar-a-Lago estate, the President said he had “sort of made up my mind” about how he will proceed with the possibility of military action in Venezuela. On Sunday, flying home, Trump told reporters the U.S. “may be having some discussions with [Venezuelan President Nicolas] Maduro,” adding that “they [the Venezuelans] would like to talk.”

Although he swings back and forth, it appears clear from President Trump’s point of view, he need not consult with Congress should he decide on any military action that targets the Venezuelan mainland. As Sen. Graham pointed out, “We have only declared war five times in 250 years, and we have had hundreds of military operations -- some authorized and some not.”

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Opening the Senate debate on November 6, Sen. Tim Kaine (D-Va.), a key sponsor of the congressional resolution, pointed out, “On October 31, public reporting shows that many Trump administration officials have told the press that a secret list of targets in Venezuela has been drawn up. All of this, together with the increased pace of strikes in the Caribbean and Pacific [21 attacks on alleged narco-trafficking boats, 83 individuals killed], suggests that we are on the verge of something that should not happen without a debate and vote in Congress before the American people.”

On November 6, after a relatively short debate, the Senate resolution to block the use of U.S. armed forces against Venezuela was defeated by a 49-to-51 vote.

But during that debate some important points were made, and they need some public exposure.

For example, Sen. Tammy Duckworth (D-Ill.), a military veteran herself, said, “Listen, if the Trump administration actually believes there is an ongoing credible threat of armed conflict, then they must bring their case to Congress and give the American people a say through their elected representatives. They must respect our service members enough to prove why war is worth turning more moms and dads into Gold Star parents. And they must testify about what the end state of these military operations would actually look like.”

Sen. Adam Schiff (D-Calif.) said, “Maduro is a murderous dictator. He is an illegitimate leader in having overturned the last election by the use of military force. He is a bad actor. But I do not believe the American people want to go to war to topple this regime in the hopes that something better might follow… Let them [the Trump administration] seek an authorization to use force to get rid of Maduro. But let us not abdicate our responsibility. Let us vote to say no to war without our approval. We don’t have to wait, nor should we wait for that war to begin before we vote.”

Sen. Rand Paul (R-Ky.) pointed out, “Of course, we have the capability of overthrowing the Maduro regime, just like we had the power to overthrow Saddam Hussein and Muammar Qadhafi. But what comes next? Is anyone thinking about the potential blowback that such a campaign could entail? Overthrowing the Maduro regime risks creating more regional instability, not less. The breakdown of state authority may create a power vacuum that the very drug cartels the administration is ostensibly trying to destroy could exploit.”

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“You cannot bomb your way out of a drug crisis,” said Sen. Jack Reed (D-R.I.), ranking member on the Senate Armed Services Committee. “The demand that motivates drug trafficking is not found in the Caribbean. It is located in communities across America where people are suffering from addiction, where economic opportunity has dried up, where the social fabric has frayed. Military strikes do nothing to address those root causes. Boats have been blown out of the water in videos released by the administration. But has the flow of fentanyl into America decreased? Has a single trafficking network been dismantled? The administration hasn’t provided any evidence that these strikes are achieving anything beyond the destruction they document on camera. This is not a strategy. This is violence without a strategic objective.”

Sen. Reed also pointed out how the Trump administration is expanding its war powers. “The White House is apparently now arguing that these strikes [on alleged narco-boats] don’t constitute ‘hostilities’ under the War Powers Act because American service members aren’t directly in harm’s way while operating standoff weapons and drones. This is ridiculous…They are very much in harm’s way, and to say that this operation is so safe that it doesn’t qualify as ‘hostilities’ is embarrassing…This new interpretation creates a dangerous precedent. If standoff weapons exempt military operations from congressional oversight, we have effectively granted the Executive Branch unlimited authority to wage war anywhere in the world so long as American forces can strike from a distance.”

Taking a different approach, Sen. Chris Van Hollen (D-Md.) pointed out an irony in Trump’s anti-drug argument. Van Hollen said, “I will tell you what you don’t do. You don’t submit a budget to the U.S. Congress that cuts the funding for the Drug Enforcement Agency and cuts funding for the task forces we developed to go after major organized crime syndicates involved in the drug business.” He added, “I happen to be the ranking member of the Appropriations Committee that oversees the Justice Department. And all my colleagues have to do is take a look at the request from the President of the United States when it comes to resources for fighting drugs coming to the United States. They cut them.”

Raising an additional problem, Sen. Andy Kim (D-N.J.) said, “Letting Donald Trump ignore the law abroad makes him think he has a free pass to do it right here at home. Donald Trump thinks if he can do this in the Caribbean, he can do it on the streets of Chicago. He could use the military for his own political retribution and consolidation of power in and outside our borders. After all, he [Trump] said in his own words: ‘We’re under invasion from within, no different than a foreign enemy but more difficult in many ways because they don’t wear uniforms.’ That is what the President said. We cannot be complacent as he sends troops into our cities as a tool of intimidation against his political enemies.”

While we await President Trump’s decision on what comes next, let me close with another ironic situation, created last Wednesday by Secretary of Homeland Security Kristi Noem.

Giving the keynote address at the Potomac Officers Club’s 2025 Homeland Security Summit, Noem celebrated recent successes in the counter-drug mission. She said that since January, the Coast Guard has stopped 91 metric tons of drugs, confiscated 1,067 weapons and seized more than $3.2 million in cash from terrorist cartels, thanks primarily due to Operation Pacific Viper, which Noem said is strategically designed to seize historic amounts of drugs from smugglers in the eastern Pacific. “Viper has saved millions of lives of individuals and Americans by stopping those drugs before they ever got to the U.S.,” Noem said.

Operation Pacific Viper, according to a Coast Guard press release, also resulted in the arrest of 86 alleged narco-traffickers as of October 15. A needed reminder: Viper was an interdiction program where narco-traffickers were intercepted, arrested and drugs seized – not boats blown up and people killed.

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Early in 2025, shortly after taking office, the Trump administration designated several drug cartels as terrorist organizations. This signaled the administration’s intention to escalate U.S. efforts to fight trafficking beyond the usual efforts of the Coast Guard, Drug Enforcement Administration and Border Patrol. It also presaged the use of the military.

Combating narco-trafficking remains the administration’s declared purpose. Implicitly, the decision to escalate U.S. efforts is based on several key points. First, drug abuse in the United States remains at epidemic levels despite decades of efforts to control it. Second, previous efforts to suppress drug smuggling into the U.S. have not been successful. Third, because the cartels smuggling drugs into the U.S. are not merely drug traffickers but large terrorist organizations, they need to be confronted as forcefully as terrorist groups elsewhere. This, effectively, means employing military force.

The administration contends that Venezuela is the country from which much of the illicit boat and air traffic carrying cocaine emanates and that Venezuela’s long-time strong man is really the head of a cartel and “a fugitive from American justice.” On August 7, the administration announced a 50-million-dollar bounty on Venezuela’s long-time strong man, Nicolas Maduro. It is this view of the Venezuelan regime and its leader, in combination with the size and capabilities of the deployed U.S. military in the Caribbean, that suggests the administration’s goals are more ambitious than just striking alleged traffickers on the high seas.

The question then is, how would the Trump administration define regime change? New leadership or something more extensive? If regime change is a goal, how does the administration hope to achieve that result? Would a combination of intimidation, enhanced economic sanctions and diplomatic pressure from the world’s democratic community convince Maduro to abandon power? Can the Venezuelan military, which in 2002 temporarily removed Maduro’s mentor, Hugo Chavez, be persuaded to act once again? Or is the U.S. administration contemplating military strikes inside of Venezuela? If so, how extensively? Would a targeted attack of regime leadership result in regime change or would the U.S. need to hit various elements of the military plus drug labs? The scope of any U.S. kinetic actions would likely affect the way Venezuelans – who overwhelmingly rejected Maduro in last year’s presidential election, react. It would also affect how the region and the rest of the world regard the U.S. campaign.

If the U.S. were able to oust Maduro what would follow? There is a legitimate government in waiting. Former diplomat Edmundo Gonzalez won last year’s presidential election by a huge margin despite regime efforts to sabotage the democratic opposition. Would anything short of the installation of the democratic opposition be considered an acceptable outcome to Venezuelans or the United States? Would a government of national unity which included some of the Venezuelan dictator’s base and elements of the military be acceptable to the democratic opposition? To the U.S? The Venezuelan military has been deeply compromised by the Maduro regime’s criminal activity and is believed to be complicit at the highest levels in drug trafficking. The Cartel de los Soles is thought to include many high-ranking military personnel. Would the U.S.be prepared to put troops on the ground to prevent criminal elements of the Venezuelan military from regrouping even if current regime leadership were forced out?

Finally, what effect will current U.S. operations in the Caribbean have on U.S. relations with the rest of Western Hemisphere especially if U.S. military strikes Venezuela directly? What effect have U.S. operations already had? The answers to these questions are not all obvious.

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The Trump team has never mentioned regime change as a campaign goal. The size and nature of the deployed U.S. forces, however, make speculation on the U.S. administration’s real intentions inevitable. The number of ships, aircraft, sailors and marines appeared to be substantially greater than required to combat narcotrafficking through the Caribbean and eastern pacific even before the ordered deployment of the U.S.’s most advanced aircraft carrier, the USS Gerald R Ford. The messaging from Washington, moreover, focuses squarely on the Venezuelan regime.

What we have been hearing from Washington about operations in the Caribbean is a logical extension of steps taken by the Trump administration prior to the start of current operations. While President Obama first called Venezuela a threat to national security in 2015, it was only earlier this year that the U.S. designated the cartels as terrorist organizations. The designation of the cartels as terrorists was a necessary step to operationalize the shift from a law enforcement effort to a military one.

The new militarized U.S. strategy in the Caribbean has had an effect. Drug trafficking by sea is apparently way down. That said, this new strategy has not diminished trafficking by land nor reduced the flow of deadly fentanyl into the country. It has, on the other hand, generated concern in some countries about the return of American gunboat diplomacy. Domestically, the president’s new approach resonates well in some quarters but has incensed many Democrats in the U.S. Congress and even worried some Republicans. British concern about the legality of the U.S. strikes on the high seas is now so acute that the United Kingdom has ended intelligence sharing on Venezuela. The Trump administration has, however, given no indication that either international concern or congressional criticism will precipitate a change in policy.

President Trump’s change of the U.S strategy for fighting the cartels and maybe for achieving regime change in Venezuela has important implications for U.S. relations with its allies everywhere but especially within the region. The Trump administration has clearly made the Western Hemisphere a national security priority but there are many other vitally important arenas in which U.S. interests are affected by developments in this hemisphere – both positively and negatively.

Accordingly, the administration’s agenda in Latin America must include more than just winning the drug fight and controlling our Southern border. More than 40% of all U.S. manufacturing goods are sold into the Western Hemisphere and the U.S. has a positive trade balance with many countries in the region, including Brazil, Chile, Peru, Panama and others. Millions of American jobs depend on trade with the region. Energy production in the region is also significant; Canada is our largest foreign supplier but there are other key players including Mexico, Brazil, Colombia, Ecuador, Trinity and Tobago and, more recently, Guyana. Guyana’s oil production, in fact, is exploding. The country’s GDP grew by over 25% in 2023 and by more than 30% in 2024. On the other hand, China’s influence continues to surge and China is now the largest trading partner for South America in the aggregate. The U.S. clearly needs to do what it can to strengthen the value proposition for the countries of Central and South American to see the U.S. as their commercial partner of choice.

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It is, at this point, not clear what the Trump administration’s end game is in the Caribbean. What is clear is that the U.S. cannot ignore other issues around the region or other views on how challenges should be met. Neither should we naively assume that success in suppressing the trafficking of cocaine out of South America is assured even temporarily, however many go-fast boats the U.S. military sinks. Transit by land, which the Trump administration has indicated it may take on next, is still robust. Demand for illegal drugs is still strong in the U.S. and Europe. The U.S. has recently made progress in engaging Mexico, especially on combating the Mexican cartels, but how effective joint efforts will be remains to be seen. Relations with Colombia, the source of most of the world’s cocaine, on the other hand, have deteriorated dramatically. Colombian President Gustavo Petro has characterized U.S. attacks on the drug boats as atrocities, called President Trump a criminal and encouraged American military personnel to defy his orders. The U.S., for its part, has decertified Colombia for failing to cooperate fully with U.S. counternarcotics efforts and cancelled Petro’s visa.

The U.S. still has partners in Latin America, especially trade partners, but there is also, always, concern over U.S. unilateralism. Moreover, President Trump’s announcement that he has authorized the Central Intelligence Agency to become active in Venezuela inevitably recalls for some an earlier and darker time in U.S. relations with Latin America. That said, criticism of U.S. operations in the region has been surprisingly muted – and some countries have been explicitly supportive.

Still, many in the region have been left wondering where multilateral cooperation, diplomacy, democracy support and human rights, pillars of U.S.-Latin American policy since at least the 1980s, fit in America’s new more muscular policy toward the region. At the same time, most of the region agrees that the cartels are a grievous problem, and recognize that Venezuela is a dictatorship and that it has become an epicenter for a great deal of the most pernicious activity in the region. I expect they are dubious about the likelihood of the U.S. eradicating all drug trafficking from South America because so much of the trafficking is by land. They are also unconvinced that combatting drug trafficking per se is the U.S.’s only goal. They do not wish to see a war in either South or Central America but they are also profoundly tired of living with the consequences of the growing and corrosive power of the cartels.

The Trump administration’s campaign to date has had some success and may have put Russia, China and Iran – Venezuela’s extra-regional allies -- on notice that the U.S. has decided to counter malign activity and actors in the region forcefully. But this is a high stakes game for the U.S. A U.S. escalation to ground operations could catalyze world-wide criticism of the U.S. Success with targeted strikes is not assured. At present, we are left to wrestle with the question of whether the campaign to date is a preamble to even more ambitious operations. And, can what has been accomplished to date be sustained at a time when coca cultivation in source countries like Peru and Colombia is increasing and the head of a cartel – which is how the administration has characterized Maduro – remains in control of the government of Venezuela?

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