A federal judge ruled on Wednesday against the Trump administration’s attempt to withhold a Justice Department legal memo that justifies the Pentagon’s contested policy of targeting suspected drug smugglers at sea with lethal force. U.S. District Judge Paul A. Engelmayer of Manhattan rejected key government claims that the document should remain secret and ordered its submission to the court within two weeks for confidential examination.
The memo, produced by the Justice Department’s Office of Legal Counsel (OLC), reportedly comprises more than 40 pages of legal rationale underpinning a policy that has authorized as many as 70 missile strikes since September 2025 in the Caribbean Sea and Pacific Ocean, resulting in over 230 deaths. These operations have been conducted under the premise that the United States is engaged in a formal armed conflict with a covert list of drug cartels, a status declared by President Donald Trump without congressional authorization.
Advocates challenging the policy have raised significant legal concerns, arguing that the strikes violate the laws governing the use of force. They contend that the targeted killings amount to unlawful acts of murder, noting that international law does not permit military forces to intentionally engage civilians or civilian objects and that suspected criminals retain civilian protections. Critics have further accused President Trump and Defense Secretary Pete Hegseth of issuing illegal orders to carry out the operations.
The administration has maintained that it is lawful to use missile strikes against small vessels suspected of drug smuggling rather than relying solely on traditional law enforcement interdiction methods. The secret memo reportedly reflects an interagency consensus validating this approach.
The ruling marks a limited win for legal advocacy groups behind a Freedom of Information Act (FOIA) lawsuit seeking public access to the memo, including the American Civil Liberties Union and the Center for Constitutional Rights. While the judge’s order requires the government to present the document to the court for review, it does not guarantee immediate public disclosure. The administration may still appeal, and additional litigation is expected regarding whether portions or all of the memo can be withheld on grounds such as the confidentiality of presidential advice.
The government had argued for secrecy based on privileges protecting internal deliberations and attorney-client communications. Judge Engelmayer found these claims outweighed by numerous official statements that have publicly referenced the memo’s conclusions, which diluted the need for complete confidentiality. He remains considering if the memo qualifies as confidential advice to the president, but expressed doubt regarding how closely the document has been held since its completion in September 2025. He also directed the government to disclose all individuals who have had access to the memo.
The Justice Department declined to comment on the ruling. The case underscores ongoing tensions over the scope of executive authority in conducting lethal operations abroad, particularly those based on broad assertions of armed conflict without congressional approval.