The lethal strike on a boat in the Caribbean on Tuesday was a criminal attack on civilians, according to a high-ranking Pentagon official who spoke to the Intercept on the condition of anonymity.

The Trump administration paved the way for the attack, he said, by firing the top legal authorities of the Army and the Air Force earlier this year.

“The U.S. is now directly targeting civilians. Drug traffickers may be criminals but they aren’t combatants,” the Department of Defense official said. “When Trump fired the military’s top lawyers the rest saw the writing on the wall, and instead of being a critical firebreak they are now a rubber stamp complicit in this crime.”

President Donald Trump claimed that the attack was aimed “against positively identified Tren de Aragua Narcoterrorists,” in a TruthSocial post. He continued: “TDA is a designated Foreign Terrorist Organization, operating under the control of [Venezuelan President] Nicolas Maduro, responsible for mass murder, drug trafficking, sex trafficking, and acts of violence and terror across the United States and Western Hemisphere.”

Trump accompanied the post with a video of a four-engine speedboat cutting through the water with numerous people on board. An explosion then destroys the boat. Trump said the attack killed 11 people. It was unclear whether they were given a chance to surrender before the United States killed them.

After days of silence, the White House issued a statement late Thursday claiming the attack was lawful. White House deputy press secretary Anna Kelly said it was “taken in defense of vital U.S. national interests and in the collective self-defense of other nations who have long suffered due to the narcotics trafficking and violent cartel activities of such organizations.”

Defense Secretary Pete Hegseth offered his own justification for the strike the same day. “Every boatload of any form of drug that poisons the American people is an imminent threat. And at the DoD our job is to defeat imminent threats,” he told a group of journalists. “A foreign terrorist organization poisoning your people with drugs coming from a drug cartel is no different than Al Qaeda, and they will be treated as such as they were in international waters.”

Two U.S. government officials, speaking on the condition of anonymity, said that Hegseth’s justification – which one called “completely unserious” – took shape after the attack.

Experts said Hegseth’s rationale was flimsy, if not farcical. “Tren de Aragua being designated as a foreign terrorist organization is a purely domestic law enforcement designation. It offers no authority for the military to use deadly force,” said Todd Huntley, who was an active-duty judge advocate for more than 23 years, serving as a legal advisor to Special Operations forces engaged in counterterrorism missions around the world. “Under international law, there’s no way this even gets close to being a legitimate use of force.”

Other legal experts have agreed with Huntley, now the director of the National Security Law Program at the Georgetown University Law Center. Members of Congress have echoed the assessment.

“Congress has not declared war on Venezuela, or Tren de Aragua, and the mere designation of a group as a terrorist organization does not give any President carte blanche to ignore Congress’s........

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