Attorney Alan Dershowitz on Monday explained the legal authority President Donald Trump has to combat cartels after he signed an executive order classifying them as “foreign terrorist organizations.”
Trump signed the executive order on Monday citing the cartels’ role in bringing lethal narcotics, violent criminals and gangs to the U.S. through their dominance of the southern border. Dershowitz, on “CUOMO,” said that Trump has the authority to make this classification as well as to order the military to fight them.
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“They’re not terrorists in the traditional sense of the word as they’re not generally planting bombs against American citizens, but we have designated as terrorist groups many units in other countries,” Dershowitz said. “Hamas, they have hurt Americans, but their [primary] focus is on Israel … It’s clearly within the executive power of the Constitution under Article II for the president and the people who work under him, in the Treasury Department or other departments, to make such a designation.”
“Is it a good thing? I’m not sure. I think it violates due process for one person without a hearing to designate an organization and we just have to accept it, and maybe they can challenge it in court, but legally, constitutionally, he’s on firm ground,” Dershowitz said.
When NewsNation host Chris Cuomo asked if the classification allows Trump to “use the U.S. military against the cartels” regardless of their location, Dershowitz explained that such action does not require the terrorist classification.
“We know that the framers of the Constitution intended Congress to declare war,” the attorney said. “But you know, since the end the second World War, we’ve been involved in so many wars that have never been declared, and so, of course, the president could send in troops to fight against foreign terrorist organizations, and they’ve done that of course with Taliban and others.”
Dershowitz described the situation as “unique” since cartels are not “classic terrorist organizations” but suggested Trump likely has the legal authority to take military action because cartels are “having such a direct impact on Americans.”
During an Oval Office press conference while Trump was signing executive orders, he was asked if he would consider “ordering U.S. Special Forces into Mexico to take them out.”
“Could happen. Stranger things have happened,” Trump answered.
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