Murder or War Crimes?

I was recently asked by a facilitator of a current events discussion group to talk about Venezuela. It reminded me of my only conversation with a Venezuelan, and it happened some years ago. He was sitting next to me at a jazz brunch, part of a Pennsylvania music festival. Surprisingly, he and his wife had a home in a nearby Poconos community. He explained how that came about, but I don’t remember the explanation. I knew very little about Venezuela, but I had wondered why baseball was so popular there when it was not in the rest of South America. My brunch partner did not have an answer, but he was a baseball fan and seemed to know of every Venezuelan who was in the major leagues. (Today there are more than a hundred.) I asked him about conditions in Venezuela. I was aware that the president, Hugo Chavez, was an authoritarian who styled himself a socialist and that economic conditions had been deteriorating in the country. My retired companion had been the head of the Venezuelan branch of an American insurance giant. He told me that one of his sons had already left the country for Panama, and he was about to buy a place in that country as well. He said that he and his wife worried that someday they might have to flee their country in a few hours’ notice, and they needed a place to go to. I tried to imagine how unsettling that must feel. Now my imagination can more easily encompass such thoughts, even though I have not investigated an escape route from the U.S. Got suggestions?

While many of the Venezuelan economic problems seem unchanged since my conversation with the jazz lover, I was asked to speak at the current events group about America’s recent actions around and possibly in the country. I started by saying that it was hard to talk about the legality of our sinking boats and blowing up humans because the administration has not made public justifications for our destruction. Slogans have been tossed around—self-defense, unlawful combatants, narcoterrorism, foreign terrorist organizations—but not any true legal rationales. We have not been given any facts. How did we know that the boats carried drugs? Even if they did, how did we know that the drugs were destined for the United States and not other Caribbean nations, Europe, or West Africa? These, too are destinations for drugs leaving Venezuela.

Without legal and the information, it seems that we are in an unauthorized war. If so, we may have already committed war crimes; if not, we may murdered people. Moreover, we don’t know how far Trump’s reasoning carries (if it’s reasoned at all). If we can blow up those who are supposed drug dealers, why should it only be in foreign or international waters? By Trump’s logic, drug dealers within the U.S. are aiding drug cartels that Trump labels foreign terrorist organizations. Drug distributors and perhaps drug users could be labeled unlawful combatants under his reasoning. Can Trump have them summarily killed in this country?

Trump has said that each of the ten bombed boats were carrying drugs that could kill 25,000 Americans. In his mind, he has saved 250,000 lives. The Centers for Disease Control collects information about drug overdose deaths. The latest reports are from 2023 when there were 105,007 overdose deaths from all drugs, which is a slight decline from the previous year. Synthetic opioids (primarily fentanyl) caused 72,776 of those deaths in 2023, also a slight decline. As tragic as drug deaths are, Trump’s figures are vastly exaggerated.

Of course, synthetic opioid deaths did not start with fentanyl and originally weren’t foreign. There were the prescription drugs oxycontin and oxycodone. In 2023, about 13,000 deaths came from these prescription opioids. Most meth, which has harmed many Americans, is not imported. Ask Walter White.

In Trump’s first term, which he does not mention, opioid deaths increased roughly 50%. One of his campaign pledges was to end the fentanyl crisis.

To put this in some perspective: There were 46,728 deaths by guns in 2023. About 18,000 of these were homicides. Another 27,000 were suicides. We don’t have a “war on guns.”

About 41,000 people died in motor vehicle accidents.

Is the drug problem in America an emergency? The War on Drugs was proclaimed by President Nixon in 1971. In 50-plus years we have not been able to quash the drug trade or drug use. One problem: Illegal drugs are a commercial product that Americans want and are willing to pay for. Trump says this is an emergency. Has he just learned about it?

Trump now hints at land actions in Venezuela. The National Security Act of 1947 authorizes the CIA to collect intelligence, conduct counterintelligence, and undertake covert action. The point to covert actions had been to be able to deny them if compromised. By publicly announcing “covert activities” in Venezuela, Trump is again a norm breaker. According to the 1991 Intelligence Authorization Act, the CIA must act only on the basis of presidential findings for covert actions, and the findings must be monitored by House and Senate Committees. This is not happening.

There have probably been many more covert actions in our history than we are aware of, but until now there have been two major realms of activities. The first came out of the Cold War. We undertook many actions fueled by anticommunism. The second came after 9/11 and were part of the War on Terror.

Our government now relies on another rationale, which we could call part of the War on Drugs, a war now longer than our war in Afghanistan and an even bigger failure. But the validity of the drug rationale is dubious, since Venezuela had not been a major supplier of drugs to the U.S. compared to other South American countries. Moreover, cocaine is primarily the drug that comes out of Venezuela, not fentanyl. (Cocaine overdose deaths were 29,449 in 2023.) Fentanyl most often comes from China through Mexico.

Perhaps there is a concern about Venezuelan drugs, but our actions really seem designed to convince Venezuela President Nicolas Maduro that he can’t remain in power. A recent Wall Street Journal article as well as other sources suggest that Marco Rubio has been the prime architect of our Venezuela policy. Rubio as Senator tried for a decade to oust Nicolas Maduro and now he is getting his chance as National Security Advisor and Secretary of State. In Republican circles, Florida, particularly Cuban-Americans in Florida, have strong anti-Maduro sentiments, and Chief of Staff Susie Wiles, Attorney General Pam Bondi, and Rubio are all from Florida. Bondi has placed a $50 million bounty on Maduro, accusing him of working with criminal organizations.

We have a heavy military presence in the region, which has been increased. Nuclear-capable B-52 bombers have been flying off Venezuela’s shores, and an aircraft carrier has been sent to the region. We have thousands of troops at our Caribbean military bases.

Venezuela has moved troops into position and mobilized its militia. This is scary stuff. What would be our reaction if Venezuela were sinking American boats? What if Venezuela shoots down the aircraft blowing up the boats and Venezuelans?

Why force Maduro out? One answer: Venezuela has the world’s largest proven oil reserves. Perhaps our foreign policy is truly always about oil.

But our policy may also be a throwback to the Cold War.  Maduro proclaims his socialism. Hugo Chavez, who was president of Venezuela from 1999 to his death in 2013, expropriated the assets of hundreds of companies. Nicolas Maduro was Chavez’s (last) vice-president and has continued many of these policies. General Motors and Kimberley-Clark are among the factories that have been seized.

But the situation is even more complicated. Venezuela has not expropriated the property of American oil giant Chevron, which has operated in Venezuela since 1923 and now accounts for about a quarter of the country’s oil production. Opposition leaders see Chevron as propping up the autocratic regime, but Chevron says it is a stabilizing force. Chevron’s role in Trump’s policies is not clear.

What is Trump trying to accomplish with all this saber-rattling? We are still guessing.