ACLU Comment on Biden Administration Supporting Waiver of Intellectual Property Protections for COVID-19 Vaccines

NEW YORK — The American Civil Liberties Union released new polling today on U.S. voters’ views on the U.S. government’s lethal strikes on civilian boats accused of carrying drugs. As of Jan. 2, 2026, the Trump administration and U.S. military have disclosed 35 strikes, killing at least 114 people. The polling, fielded by YouGov between Dec. 17-19, 2025, shows that an overwhelming majority of U.S. voters, including 97 percent of Democrats, 82 percent of independents, and 70 percent of Republicans, agree that Americans have a right to know more about their government and that the government should release the full unedited videos of the strikes. Moreover, a majority of voters, including 87 percent of Democrats, 53 percent of independents, and 15 percent of Republicans disapprove of the strikes, and 7 in 10 respondents believe that the administration has not yet clearly shown evidence that justify the actions. The survey also dug into U.S. voters’ opinion on what Congress should do about these strikes and found bipartisan support for more transparency and accountability. In particular: 58 percent of voters say that the Trump administration should “definitely” release its legal justification for the strikes on civilian boats to the public, along with an additional 25 percent saying that it should “probably” do so. Overall, 95 percent of Democrats, 78 percent of independents, and 73 percent of Republicans believe the administration should either “definitely” or “probably” release the justification. 63 percent of respondents support the U.S. government releasing the unedited videos of the boat strikes, including the video of the Sept. 2, 2025, strike that allegedly killed shipwrecked survivors. Overall, 82 percent of Democrats, 51 percent of independents, and 44 percent of Republicans hold this view. 58 percent of voters support Congress holding a public hearing with government officials responsible for the boat strikes, including 83 percent of Democrats, 56 percent of independents, and 31 percent of Republicans. “Our polling makes clear that an overwhelming number of Americans on both sides of the aisle want Congress to step up and hold the Trump administration publicly accountable for its illegal strikes on civilian boats in the Caribbean,” said Christopher Anders, director of ACLU’s Democracy and Technology Division. “This means open hearings with the officials responsible for these murders, as well as releasing both the legal justification and unedited videos of the strikes. Given the life-or-death stakes of the president’s use of force, it’s imperative that this transparency and accountability comes immediately.” According to the poll, about half of respondents – 51 percent – either strongly or somewhat agree that using missile strikes to fire upon boats off the coast of Venezuela that might be carrying drugs constitutes murder. This includes 79 percent of Democrats, 50 percent of independents, and 20 percent of Republicans. The number is even higher when voters are asked about the September double-tap boat strike that fired upon defenseless survivors. These results come amidst an ACLU, Center for Constitutional Rights, and New York Civil Liberties Union lawsuit seeking the public release of the Trump administration’s legal justification for the strikes. The poll is based on 1,016 interviews conducted by YouGov on the internet of registered voters nationwide between Dec. 17 and 19, 2025. Respondents were selected from YouGov to be representative of registered voters. The margin of error is approximately 3.7 percent.

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 – FIFA, the international soccer governing body, awarded President Trump today the inaugural FIFA “Peace Prize” during its World Cup draw at the Kennedy Center in Washington, D.C. In response to this news, Jamil Dakwar, director of the Human Rights Program at the American Civil Liberties Union, had the following reaction: “Attacks on immigrants and those visiting the United States are at an all-time high. ICE is conducting raids across the country, tearing families apart, deporting thousands, without due process, and holding an unprecedented number in inhumane detention centers, including on military bases. The host cities of the upcoming World Cup are among the most heavily impacted – with cities like Los Angeles and Chicago facing extreme surveillance, National Guard deployment and immigration enforcement activity. The Trump administration actions threaten our communities and tourists-fans alike – and FIFA has unique leverage to push for change not to whitewash and capitulate.” “This tournament should be about celebrating unity and our connection to the world – but by giving President Trump trophy instead of a red card, FIFA risks becoming a stage for authoritarianism.”