Aletho News

Trump’s and the Pentagon’s Illegal Killings in the Caribbean

By Jacob G. Hornberger | The Future of Freedom Foundation | November 13, 2025

In federal criminal cases, U.S. District Judges issue the following types of instruction to jurors:

“The indictment is not evidence of any kind. It is simply the formal method of accusing a person of a crime. It has no bearing on the defendant’s guilt or innocence, and you must not consider it in your deliberations except as an accusation. You must not assume the defendant is guilty just because he or she has been indicted. The defendant begins this trial with a clean slate.The burden is entirely on the government to prove guilt beyond a reasonable doubt.”

In other words, an indictment carries absolutely no evidentiary weight whatsoever. It is simply an accusation. It is not proof. It is not evidence. The jury is prohibited from considering it when deciding guilt or innocence.

This principle applies to any person accused of violating federal criminal statutes.

President Trump and the Pentagon have now attacked and killed more than 70 people on the high seas in the Caribbean and the Pacific Ocean near South America. They justify these killings by claiming that the victims are engaged in a violations of U.S. federal drug laws.

But the fact is that Trump’s and the Pentagon’s claims are nothing more than  informal accusations. In fact, their informal accusations don’t even amount to a formal accusation set forth in a grand-jury indictment. That’s because a grand jury cannot issue an indictment unless it sees evidence that establishes that there is “probable cause” that the accused committed the crime. With Trump’s and the Pentagon’s informal accusation, no such burden of proof is required.

Therefore, if a jury is prohibited from using an indictment to convict a person who the feds are accusing of having violated U.S. drug laws, it stands to reason that U.S. officials are prohibited from killing people based simply on their informal accusation that the person has violated the law.

In fact, with the Fifth Amendment to the Constitution, our American ancestors expressly prohibited the federal government from depriving any person of life without due process of law. It has been long established that due process in a criminal case means, at a minimum, two things: (1) being formally notified of the specific charges that the defendant is accused of violating; that’s what a grand-jury indictment is for; and (2) a trial where the government is required to prove beyond a reasonable doubt with relevant and competent evidence that the person actually did commit the crime. The accused, if he elects, can have a jury, not the judge, decide whether or not he is guilty.

There have always been some Americans who hate these provisions. They prefer how things are done in nations run by totalitarian regimes, where the government wields the omnipotent power to kill or punish anyone it suspects of having committed a crime — without having to go through the difficulty and expense of formally accusing people and according them a trial.

Nonetheless, like it or not, that is our system of government, and it remains so unless and until the Constitution is amended to end it.

What about the fact that it is the military that is carrying out these killings? No matter the exalted position that the national-security establishment has come to play in America’s federal governmental system, it doesn’t alter the constitutional principles at all. All it means is that the military is operating in the role of a policeman who is enforcing a federal criminal statute.

For example, suppose that Trump’s military troops that are occupying various U.S. cities begin enforcing federal drug laws by arresting people and then turning them over to the DEA for incarceration and prosecution. The military would simply be operating in a police capacity, not in a war situation.

It’s no different with those killings in the Caribbean. The military, which, by the way, is legally prohibited from enforcing drug laws inside the United States, is simply operating in a police capacity when it is enforcing U.S. drug laws on the high seas. It is essentially standing in the stead of the Drug Enforcement Administration.

What about Trump’s and the Pentagon’s claim that the U.S. is at war and, therefore, it’s okay for soldiers to kill the enemy in war. Clearly that claim is a ruse designed to justify their extra-judicial killings. The concept of war involves conflicts between nation-states, not enforcement of criminal statutes. There is no war between the United States and Venezuela, Columbia, Mexico, or any other Latin American country.

After all, if Trump’s and the Pentagon’s ruse was valid, it would entitle them to use the military to kill drug-war suspects here inside the United States under the claim that enemy drug forces have invaded and occupied the United States and are waging “war” against the United States. In fact, their ruse would enable them to use the military to kill anyone they wanted who they claimed had violated any federal criminal statute.

What about Trump’s and the Pentagon’s claim that the victims are also being accused of violating federal terrorism statutes and, therefore, that it is okay to summarily kill them? Again, it’s just another ruse to justify the extra-judicial killing of people who are accused of violating U.S. criminal laws. After all, terrorism itself is a federal criminal offense. That’s why there are criminal prosecutions for terrorism in federal district court. Trump and the Pentagon are bound by the same principles in federal criminal cases involving terrorism as they are with cases involving alleged federal drug offenses. They are required to secure federal criminal indictments and accord the people with trials, where they bear the burden of proving that the defendants really are guilty of terrorism (or drug offenses) before they can kill them or punish them.

One more point worth noting: The troops carrying out these killings are obviously loyally and blindly obeying orders to commit an illegal act. That’s because, as I have long pointed out, their loyalty is to their commander-in-chief, notwithstanding the oath they take to support and defend the Constitution.

Trump, the Pentagon, and the troops are clearly engaging in illegal conduct with their extra-judicial, unconstitutional drug-war killings. The problem is that given their omnipotent power within America’s federal governmental system, neither the Congress nor the Supreme Court or anyone else will — or can — do anything to stop them.

November 13, 2025 - Posted by aletho | Civil Liberties | Human rights, United States, Venezuela