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<a class="gmail-domain gmail-reader-domain" href="https://theintercept.com/2025/09/15/venezuela-boat-attack-trump-legality/">theintercept.com</a>
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<h1 class="gmail-reader-title">Pentagon Barred Senior House Staffers From Briefing on Venezuela Boat Strike</h1>
<div class="gmail-credits gmail-reader-credits">Nick Turse</div>
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<div class="gmail-reader-estimated-time">September 15, 2025</div>
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<p><span>The Department of War</span> is thwarting congressional oversight of the Trump administration\u2019s <a href="https://theintercept.com/2025/09/10/u-s-attacked-boat-near-venezuela-multiple-times-to-kill-survivors/">attack on a boat</a> off the coast of Venezuela <a href="https://theintercept.com/2025/09/10/trump-venezuela-boat-attack-drone/">earlier this month</a>.</p>
<p>On Monday afternoon, as the full details of the first drone strike
remained secret, Trump announced that U.S. forces conducted a second
attack on a boat in the U.S. Southern Command are of responsibility,
which covers the Caribbean and all of South America. In a post on <a href="https://truthsocial.com/@realDonaldTrump/posts/115210075167747572" rel="noreferrer" target="_blank" aria-describedby="targetBlankDescription">TruthSocial</a>,
he wrote that the strike killed three people. \u201cBE WARNED \u2014 IF YOU ARE
TRANSPORTING DRUGS THAT CAN KILL AMERICANS, WE ARE HUNTING YOU!\u201d he
wrote.</p>
<p>Although the president is posting edited videos of these strikes,
information about the planning, execution, and legal justification for
this campaign on alleged \u201cnarcoterrorists\u201d is being kept secret from
senior congressional staffers.</p>
<p>Last Tuesday, senior staff from House leadership and relevant
committees were barred by the Office of the Secretary of War from
attending a briefing on the first attack, according to three government
sources who spoke on the condition of anonymity. The military cited
\u201calternative compensatory control measures\u201d \u2014 the term for enhanced
security procedures designed to keep information under wraps \u2014 as the
reason.</p>
<p>The War Department has attempted to conceal numerous details about
the attack that killed 11 people in the Caribbean, including the fact
that the vessel altered its course and appeared to have turned back
toward shore prior to the strikes. Men on board were said to have <a href="https://theintercept.com/2025/09/10/u-s-attacked-boat-near-venezuela-multiple-times-to-kill-survivors/">survived an initial strike</a>, The Intercept reported last week. They were then killed shortly after in a follow-up attack.</p>
<p>\u201cI\u2019m incredibly disturbed by this new reporting that the Trump
Administration launched multiple strikes on the boat off Venezuela,\u201d
Rep., Sara Jacobs, D-Calif., a member of the House Armed Services
Committee\u2019s Subcommittee on Intelligence and Special Operations, said of
The Intercept\u2019s coverage. \u201cThey didn\u2019t even bother to seek
congressional authorization, bragged about these killings \u2014 and teased
more to come.\u201d</p>
<p>A very small number of Senate and House staffers, mostly from the
Armed Services committees, received highly classified briefings about
the attack last Tuesday, after the military delayed the meeting for
days. Staff for key members of the Senate Foreign Relations Committee
and the House Foreign Affairs Committee, which oversee war powers, were
conspicuously absent.</p>
<p>Briefers from the office of the Assistant Secretary of Defense for
Special Operations/Low-Intensity Conflict, the civilian Pentagon
appointee who oversees special operations, made it clear that the attack
was not a one-off and that lethal operations would continue, according
to three sources familiar with the meetings. The Department of War did
not send a lawyer to the briefing, so no expert was available to comment
on the legality of the attack.</p>
<p>A senior defense official pushed back on claims that the Pentagon was
stymying oversight. \u201cThe Department did not bar senior staff from House
leadership and relevant committees from attending this briefing,\u201d said
the official. \u201cThe Department briefed House and Senate Leadership and
relevant oversight committee staff with proper security clearance
access.\u201d</p>
<p>Pentagon press secretary Kingsley Wilson offered a stale quote from chief spokesperson Sean Parnell (<a href="https://theintercept.com/2025/09/10/u-s-attacked-boat-near-venezuela-multiple-times-to-kill-survivors/">previously published</a>
by The Intercept) in response to a request for comment about
unconfirmed reports to The Intercept that men aboard the vessel
attempted to surrender prior to being killed.</p>
<p>In a <a href="https://www.kaine.senate.gov/imo/media/doc/senators_letter_to_potus_-_us_military_strike_in_caribbean_sea.pdf" rel="noreferrer" target="_blank" aria-describedby="targetBlankDescription">letter to the White House</a>
on Wednesday, Sen. Tim Kaine of Virginia and two dozen fellow
Democratic senators said the Trump administration has provided \u201cno
legitimate legal justification\u201d for the strike. The senators requested
answers to 10 key questions regarding the facts surrounding the attack
and its supposed legal underpinnings.</p>
<p>\u201cFor decades, Congress has wrongly ceded responsibility to the
President about when to declare war, and now we\u2019re living with those
consequences,\u201d Jacobs told The Intercept. \u201cThis is why it\u2019s never been
more important for Congress to reclaim our war powers responsibilities
and ensure thorough oversight and transparency into all of the Trump
Administration\u2019s military actions.\u201d</p>
<p><span>Last week</span> Rep. Ilhan Omar, D-Minn., introduced a <a href="https://theintercept.com/2025/09/11/venezuela-boat-attack-trump-ilhan-omar/">war powers resolution</a>
seeking to stop the Trump administration from conducting future strikes
in the Caribbean. Omar told The Intercept that it was designed to
\u201cterminate hostilities against Venezuela, and against the transnational
criminal organizations that the Administration has designated as
terrorists this year.\u201d</p>
<p>One former Pentagon legal expert thinks framing the issue around war
is a mistake. In her view, this is a clear-cut case of murder.</p>
<blockquote>
<p>\u201cA war framing confuses the issue. This is not a war.\u201d</p>
</blockquote>
<p>Sarah Harrison, who advised military leaders on legal issues related
to human rights and extrajudicial killings in her former role as
associate general counsel at the Pentagon\u2019s Office of General Counsel,
International Affairs, says that framing the attack in the Caribbean as
an act of war is a categorical error. \u201cA war framing confuses the issue.
This is not a war,\u201d she explained. \u201cU.S. forces went out and committed
murder.\u201d</p>
<p>The legal issues at play were simple, she said: \u201cThere was no armed
attack on the United States that would allow for the U.S. to use force
in self-defense. There is no armed conflict between the United States
and any cartel group or any Latin American country. A foreign terrorist
designation of any of these groups does not change that. It does not
authorize force against those groups.\u201d</p>
<p>\u201cThe killing of all 11 of these men was illegal. This was a
premeditated murder of suspected criminals \u2014 by definition, civilians \u2014
based on the facts provided by the administration themselves,\u201d she told
The Intercept.</p>
<blockquote>
<p>\u201cThis president believes that he can kill anyone, anywhere, under any circumstances and not have to rationalize it.\u201d</p>
</blockquote>
<p>Sarah Yager, a former senior adviser on human rights to the chair of
the Joint Chiefs of Staff and now the Washington director at Human
Rights Watch, echoed these concerns. \u201cThis president believes that he
can kill anyone, anywhere, under any circumstances and not have to
rationalize it \u2014 and that he will be impugned from any accountability,\u201d
she said. \u201cI think this should be a real concern for everyone, that the
rule of law is being undermined, and we don\u2019t know what restraints there
are on the use of force.\u201d</p>
<p>Harrison, now a senior analyst at the International Crisis Group,
emphasized that Secretary of State Marco Rubio made clear that the U.S.
could have halted the ship and arrested the crew but chose to kill them
instead. \u201cInstead of interdicting it, on the president\u2019s orders, we blew
it up \u2014 and it\u2019ll happen again,\u201d Rubio <a href="https://www.cnn.com/2025/09/05/politics/trump-weighs-strikes-targeting-cartels-inside-venezuela" target="_blank" rel="noreferrer" aria-describedby="targetBlankDescription">boasted</a>.</p>
<p>\u201cUnder domestic law, and it\u2019s the same rule under international human
rights law, the use of lethal force can only be executed if there is an
imminent threat to life or serious bodily injury,\u201d said Harrison.
\u201cRubio\u2019s statements underscore the fact that there was no such threat.\u201d
She noted that the U.S. military is prohibited by law from executing
civilians under the Uniform Code of Military Justice; Title 18 of the
U.S. Code, which includes the federal murder statute; and under a
long-standing executive order that bans assassinations.</p>
<p>Multiple sources say that Special Operations Command, or SOCOM,
conducted the lethal operation. This is considered highly unusual given
all the other military assets based in the region. Col. Allie Weiskopf,
SOCOM\u2019s director of public affairs, would not comment on the command\u2019s
involvement in the attack. \u201cWe don\u2019t have anything for you,\u201d she told
The Intercept.</p>
<p>Sen. Rand Paul, R-Ky., and others told The Intercept the boat was <a href="https://theintercept.com/2025/09/10/trump-venezuela-boat-attack-drone/">attacked by one or more drones</a>.
Harrison said that the special operators who conducted the strike
should be made aware that they complied with an unlawful order. She
called on members of Congress to speak out on the issue.</p>
<p><span>The U.S. has</span> continued to ratchet up tension in the
Caribbean. Personnel from a U.S. warship boarded a Venezuelan tuna boat
with nine fishermen while it was sailing in Venezuelan waters on
Saturday, according to Venezuela\u2019s Foreign Minister Yván Gil. The boat
was, he said, \u201cillegally and hostilely boarded by a United States Navy
destroyer\u201d and 18 armed U.S. personnel remained on the vessel for eight
hours. The fishermen were then released.</p>
<p>\u201cWe don\u2019t have anything to offer you on this,\u201d said a spokesperson
for the Office of the Secretary of War in response to a request for
comment on the incident and an explanation of how raiding a tuna boat
contributes to U.S. national security.</p>
<p>Venezuelan officials believe Trump may be renewing <a href="https://theintercept.com/2019/01/30/donald-trump-and-the-yankee-plot-to-overthrow-the-venezuelan-government/">long-running efforts</a>, which failed during his <a href="https://theintercept.com/2019/02/13/neoliberalism-or-death-the-u-s-economic-war-against-venezuela/">first term</a>, to topple President Nicolás Maduro\u2019s government. Maduro and several close allies were<a href="https://theintercept.com/2020/05/09/venezuela-coup-regime-change/"> indicted</a> in
a New York federal court in 2020 on federal charges of narco-terrorism
and conspiracy to import cocaine. Last month, the U.S. doubled its
reward for information leading to Maduro\u2019s arrest to $50 million.</p>
<p>The Trump administration added the Venezuelan Cartel de los Soles, or
Cartel of the Suns, to a list of specially designated global terrorist
groups earlier this year, alleging that it is headed by Maduro and
high-ranking officials in his administration. In July, Trump also <a href="https://www.nytimes.com/2025/08/08/us/trump-military-drug-cartels.html" target="_blank" rel="noreferrer" aria-describedby="targetBlankDescription">signed a secret directive </a>ordering the Pentagon to use military force against some Latin American drug cartels he<a href="https://www.nytimes.com/2025/09/02/us/politics/trump-venezuela-boat-drugs-attack.html" target="_blank" rel="noreferrer" aria-describedby="targetBlankDescription"> </a>has<a href="https://www.nytimes.com/2025/09/02/us/politics/trump-venezuela-boat-drugs-attack.html" target="_blank" rel="noreferrer" aria-describedby="targetBlankDescription"> labeled terrorist organizations</a>.</p><p>The United States has been surging military assets into the Caribbean for weeks. <a href="https://x.com/Global_Mil_Info/status/1966973500343947414" rel="noreferrer" target="_blank" aria-describedby="targetBlankDescription">F-35 stealth fighters</a> landed in Puerto Rico on Saturday afternoon, joining one of the <a href="https://theintercept.com/2025/09/10/trump-venezuela-boat-attack-drone/">largest U.S.</a> <a href="https://theintercept.com/2025/09/05/pentagon-official-trump-boat-strike-was-a-criminal-attack-on-civilians/?utm_content=bufferceea8&utm_medium=buffer&utm_source=bsky&utm_campaign=theintercept">military deployments</a>
to the Caribbean in years. This includes around 4,500 U.S. personnel \u2014
including Marines and sailors from the 22nd Marine Expeditionary
Unit, seven U.S. warships, and one nuclear-powered attack submarine. And
at least two <a href="https://x.com/MT_Anderson/status/1965958627748925591" rel="noreferrer" target="_blank" aria-describedby="targetBlankDescription">MQ-9 Reaper drones</a> were spotted at Coast Guard Air Station Borinquen in Puerto Rico last week. The U.S. is <a href="https://www.gettyimages.com/detail/news-photo/marine-corps-marine-fighter-attack-squadron-225-work-at-news-photo/2234416424" rel="noreferrer" target="_blank" aria-describedby="targetBlankDescription">also engaged</a> in the <a href="https://www.gettyimages.com/detail/news-photo/air-force-personnel-work-on-restoring-the-communications-news-photo/2234173614" rel="noreferrer" target="_blank" aria-describedby="targetBlankDescription">rapid restoration</a> and <a href="https://www.gettyimages.com/detail/news-photo/marine-corps-marine-fighter-attack-squadron-225-work-at-news-photo/2234416617" rel="noreferrer" target="_blank" aria-describedby="targetBlankDescription">re-outfitting</a> of the former Roosevelt Roads Naval Station in Ceiba, Puerto Rico, which officially <a href="https://cnrse.cnic.navy.mil/Portals/83/cnrse/Documents/Environmental_Support/Environmental%20Assessment%20for%20the%20Disposal%20of%20Naval%20Activity%20Puerto%20Rico%20-%20English%20Version.pdf?ver=aGHwQXPDONY0SQ3Q70oBeQ%3D%3D" rel="noreferrer" target="_blank" aria-describedby="targetBlankDescription">closed in 2004</a>. </p>
<p>The 22nd MEU is operating with the amphibious assault ship USS Iwo
Jima and the amphibious transport dock ships USS San Antonio and USS
Fort Lauderdale. Last Monday, Secretary of War Pete Hegseth visited the
Iwo Jima. \u201cWhat you\u2019re doing right now \u2014 it\u2019s not training,\u201d he <a href="https://x.com/DOWResponse/status/1965152057196957935" rel="noreferrer" target="_blank" aria-describedby="targetBlankDescription">told troops</a>
on board. \u201cThis is the real-world exercise on behalf of the vital
national interests of the United States of America to end the poisoning
of the American people.\u201d</p>
<p>Speaking on Fox News, Hegseth did not rule out regime change by the
U.S. in Venezuela. \u201cThat\u2019s a presidential-level decision, and we\u2019re
prepared with every asset that the American military has,\u201d he said.</p>
<p>Jacobs, the California representative, fears that the boat attack in
the Caribbean may be the opening salvo of another long-running U.S.
military disaster akin to the post-9/11 wars that continue to <a href="https://theintercept.com/2025/05/23/largest-airstrike-somalia-us/">grind on</a> <a href="https://theintercept.com/2025/05/14/trump-middle-east-syria-sanctions-us-troops/">across the globe</a>
today. \u201cWe can\u2019t let Donald Trump drag us into another forever war that
our youngest generations will pay for with their lives and tax
dollars,\u201d she told The Intercept.</p>
<p><strong>Update: September 15, 2025, 4:40 p.m. ET<br></strong><em>This
story has been updated to include details of President Trump\u2019s
disclosure of a new U.S. military attack on alleged drug traffickers on
Monday afternoon.</em></p>
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