The Central Intelligence Agency (CIA) is currently reassessing its legal authority to employ lethal force against drug cartels not only in Mexico but also potentially in other regions. This reevaluation comes in the context of the Trump administration designating combating drug cartels as a cornerstone of its national security policy. As portrayed by a US official and three individuals briefed on the situation, the review marks the agency’s attempt to delineate what actions it can undertake legally and the risks associated with various courses of action. It signifies the administration’s earnest consideration of direct measures against drug trafficking organizations.
While this internal review does not imply that President Donald Trump has explicitly ordered the CIA to engage directly with the cartels, it emphasizes a transformative approach to combating organized crime, particularly when traditional strategies may prove insufficient. The disproportionate risks associated with potential collateral damage to American citizens are paramount. Traditionally, US counterterrorism operations have been focused on overseas targets, far from American soil. In stark contrast, operations targeting drug cartels could take place closer to home, raising concerns among US officials about the safety of citizens inadvertently caught up in such operations.
Furthermore, critical legal considerations surrounding agency liability have emerged as talking points among officials. Agency lawyers are keenly examining potential liabilities should an American citizen suffer harm as a consequence of military action directed at these cartels. There exists an evident caution among CIA officials regarding the deployment of assets typically used against military targets when repurposed for cartel-related operations. The overview involves thoughtful deliberation about the type of engagements that could be legally sanctioned versus those that might carry considerable and unresolved legal ramifications.
Earlier in the Trump administration, several cartels were designated as foreign terrorist organizations, a strategic move that may have aimed to legitimize military responses against them. The CIA has taken initial steps by conducting surveillance operations using drones capable of being armed throughout Mexico. However, the precise motivations for such initiatives remain ambiguous, with CNN unable to clarify whether they originated directly from the White House, CIA Director John Ratcliffe, or were a proactive measure in response to implicit directives from the administration to intensify pressure on cartels.
One former CIA officer emphasized the gravity with which the agency approaches such sensitive matters. The notion of legal empowerment concerning the use of lethal force does not equate to a direct endorsement of action, as various layers of ethical, practical, and strategic implications must be evaluated meticulously. The CIA possesses the necessary legal framework either to engage in lethal strikes directly or to offer intelligence support to partner nations for similar operations. However, the unconventional nature of targeting cartel entities within US-dense regions introduces complexities regarding potential litigation by US citizens affected during operations.
The concern extends beyond legal ramifications; the repercussions of any operational misstep could have substantial diplomatic impacts with partner nations allowing US activities within their borders. Such backlash could jeopardize future cooperation or operational allowances. Moreover, there is an additional layer of uncertainty surrounding potential retaliatory actions that cartels may undertake, especially given their expansive resources and operational capabilities.
As noted by Doug Livermore, a specialist in irregular warfare, Mexican cartels transcend traditional criminal frameworks, operating as paramilitary organizations. This characterization underlines the realistic threats posed should the CIA employ lethal measures against them, with the risk of escalating violence not confined to borders but extending into American territories as well.
Internal discussions within the CIA also draw on lessons from past controversial historical precedents, particularly during the George W. Bush administration’s practices surrounding enhanced interrogation techniques, now widely criticized. This historical caution underscores the agency’s deliberations and the potential for subsequent accountability should operations against cartels face scrutiny or backlash.
The CIA’s active review stems from an evolving national dialogue concerning the severity of the threats posed by drug cartels. The US intelligence community’s recent annual threat assessment elevates this issue to unprecedented significance, characterizing it as a primary concern. Despite this designation, debates continue regarding whether these cartels genuinely present an existential threat to national security or are instead part of a broader array of challenges requiring nuanced responses.