Hullabaloo: Author David Rose on Guantanamo

The Trump administration must release its legal justification and all other materials related to its illegal lethal strikes on civilian boats at sea.

The Department of Justice’s Office of Legal Counsel (“OLC”) authored a legal opinion that reportedly claims to justify the Trump administration’s illegal lethal strikes on civilians in boats in the Caribbean Sea and eastern Pacific Ocean. Media reports indicate that, in addition to claiming that the strikes are lawful acts in an alleged “armed conflict” with unspecified drug cartels, the OLC opinion also purports to immunize personnel who authorized or took part in the strikes from future criminal prosecution. Because the public deserves to know how our government is justifying these illegal strikes, and why they think the people who carried them out should not be held accountable, the ACLU is seeking immediate release of the OLC legal opinion and related documents pursuant to the Freedom of Information Act.

NEW YORK – The American Civil Liberties Union, the Center for Constitutional Rights, and the New York Civil Liberties Union today filed a lawsuit in the United States District Court for the Southern District of New York seeking the immediate release of an Office of Legal Counsel (OLC) opinion and other documents related to President Trump’s illegal lethal strikes on civilian boats in international waters. “The public deserves to know how our government is justifying the cold-blooded murder of civilians as lawful and why it believes it can hand out get-out-of-jail-free cards to people committing these crimes,” said Jeffrey Stein, staff attorney with the ACLU’s National Security Project. “The Trump administration must stop these illegal and immoral strikes, and officials who have carried them out must be held accountable.” Since Sept. 2, the Trump administration has conducted at least 22 strikes, murdering at least 87 civilians, in clear violation of domestic and international law. Indeed, the U.S. military may not, under any circumstances, execute civilians who are merely suspected of smuggling drugs. The federal government must first pursue non-lethal measures like arrest and demonstrate that lethal force is an absolute last resort to protect against a concrete, specific, and imminent threat of death or serious physical injury. Despite bipartisan outrage over these plainly unlawful attacks, the Trump administration has said they will continue. The groups are suing to force the disclosure of a legal opinion authored by OLC — a part of the Justice Department whose opinions are generally treated as binding within the executive branch — that apparently blesses the ongoing strikes as lawful acts in an alleged “armed conflict” with unspecified “drug cartels.” According to news accounts, the memo also purports to immunize personnel who authorized or took part in these unlawful strikes from future criminal prosecution for what would otherwise simply be homicides. Contrary to the government’s public assertions, the United States is not, and could not be, in an armed conflict with Latin American drug cartels. Under international law, an armed conflict between a state and a non-state actor exists only if the non-state actor is an “organized armed group” that is structured and disciplined like regular armed forces and is engaged in “protracted armed violence” against the state. There is no plausible argument that any drug cartel satisfies this test vis-a-vis the United States. “The Trump administration is displacing the fundamental mandates of international law with the phony wartime rhetoric of a basic autocrat,” said Baher Azmy, legal director of the Center for Constitutional Rights. “If the OLC opinion seeks to dress up legalese in order to provide cover for the obvious illegality of these serial homicides, the public needs to see this analysis and ultimately hold accountable all those who facilitate murder in the United States’ name.” The Trump administration has repeatedly acknowledged the existence of the memo and continues to assert that their strikes are on “firm legal ground,” yet they are still refusing to publicly release the OLC opinion that details their reasoning. In mid-November, the Trump administration allowed members of Congress and their staffs to read the opinion. Many found its analysis deeply troubling. Indeed, one senator remarked that the opinion “would not constrain any use of force anywhere in the world. I mean, it is broad enough to authorize just about anything.” “The public deserves to know how the Trump administration is rubber-stamping the bombing of civilians in the Caribbean Sea, with no accountability,” said Ify Chikezie, staff attorney at the New York Civil Liberties Union. “By claiming that these attacks are legal while refusing to provide any evidence or rationale, Trump shows once again his disdain for basic transparency, human rights, and the rule of law. The courts must step in and order the administration to release these documents immediately.” The groups are asking the court to intervene because the government has not released any records in response to their request, despite urgent public interest in the OLC opinion and the Freedom of Information Act’s (FOIA) clear statutory deadlines.

WASHINGTON — Human rights groups today sent a letter urging U.S. Immigration and Customs Enforcement (ICE) to end immigration detention at Camp East Montana, a massive tent camp at the Fort Bliss military base in El Paso, Texas. Advocates summarized in their letter accounts of horrific conditions, including beatings and sexual abuse by officers against detained immigrants, beatings and coercive threats to compel deportation to third countries, medical neglect, hunger and insufficient food, and denial of meaningful access to counsel, among other rights violations. The letter comes just weeks after Rep. Veronica Escobar warned that people detained at Ft. Bliss were given foul-tasting drinking water, rotten food, and inadequate healthcare. The letter follows months of interviews with more than 45 detained people at Ft. Bliss and is accompanied by 16 sworn declarations by immigrants detained at the facility. Numerous detained people told lawyers that officers have engaged in a widespread and unreasonable pattern and practice of excessive force, including the use of abusive sexual contact by officers when utilizing force. One detained teenager using the pseudonym “Samuel” told lawyers he was beaten by officers so severely he sustained injuries across his body, lost consciousness, and had to be taken to a hospital in an ambulance. The letter relays Samuel’s account that his right front tooth broke from the force of being slammed to the ground, and as Samuel attests, one officer “grabbed my testicles and firmly crushed them,” while another “forced his fingers deep into my ears.” Samuel went on to say that while he was feeling “dizzy” and was “fighting to remain conscious,” an officer laughed at Samuel for having a chipped tooth after being slammed to the ground and told Samuel he was “like a little girl.” Samuel said that weeks after the beating, damage to his left ear is so severe that he now has trouble hearing. In their letter, the groups also reiterate their calls to immediately halt deportations of people to third countries to which they have no genuine ties. Interviewees said that at Ft. Bliss, the prospect of such removals has taken on a particularly abusive character. People detained attested that officers at Ft. Bliss have beaten detained people and used the threat of violence, criminal charges, and imprisonment in attempts to coerce non-Mexican immigrants held at Ft. Bliss to cross the border into the Mexican desert. Isaac, a Cuban immigrant held at Ft. Bliss, attested in a sworn declaration that officers told him that he was going to be deported to Mexico. Isaac told lawyers that, “the guards hit my head” and “slammed it against the wall approximately ten times.” He also said that officers grabbed and crushed his testicles between their fingers, and that soon after, officers handcuffed Isaac and approximately 20 other people, placed them on a bus, and drove them to the border, where they were informed they could get off the bus and cross into Mexico. Isaac added that officers told them “If we don’t want to go to Mexico, then we would either be sent to a jail cell in El Salvador or Africa.” Isaac is also using a pseudonym to protect his identity. The letter – which was signed by the American Civil Liberties Union, ACLU of New Mexico, ACLU of Texas, Estrella del Paso, Human Rights Watch, Las Americas Immigrant Advocacy Center, New Mexico Immigrant Law Center, and Texas Civil Rights Project – also follows widespread media coverage detailing abusive conditions. In September 2025, a Washington Post report noted that a leaked internal ICE inspection found the Ft. Bliss facility violated over 60 federal detention standards in the first 50 days of its opening. The Trump administration hastily opened the sprawling tent camp in August 2025, despite warnings from members of Congress and advocates that the facility would be a humanitarian disaster. The facility is located on the military base formerly used to intern people of Japanese descent during World War II and currently holds over 2,700 people, making it the country’s largest immigration detention center. The full letter to ICE is available here: https://www.aclu.org/documents/ice-letter-re-fort-bliss The declarations are available here: https://www.aclu.org/documents/fort-bliss-declarations-december-2025