Civil rights groups squared off against the Trump administration in a New York federal court on Wednesday, with the former seeking to compel the release of a secret Department of Justice memo being used to justify illegal bombings of alleged narco-trafficking boats and the latter claiming executive privilege in a bid to avert the document’s disclosure.

President Donald Trump signed an executive order on the first day of his second term designating drug cartels as foreign terrorist organizations and then reportedly signed a secret order directing the Pentagon to use military force against them. Last July, the DOJ’s Office of Legal Counsel (OLC) issued a classified opinion providing the legal rationale for the strikes, which international law experts around the world contend are illegal acts of murder and possibly war crimes or even crimes against humanity.

The ACLU, New York Civil Liberties Union (NYCLU), and the Center for Constitutional Rights (CCR) argued in the US District Court for the Southern District of New York that the Trump administration cannot conceal its legal justification for boat strikes from the American people while repeatedly referring to it.

“People across the country, politicians across the aisle, and the families of victims have been demanding answers as to how our government is justifying the cold-blooded murder of civilians,” ACLU National Security Project staff attorney Jeffrey Stein said in a statement. “The Trump administration has murdered over 210 civilians with no sound legal or moral basis. At a minimum, the administration must disclose to the American people why it thinks this killing spree is lawful.”

The DOJ, which is seeking a summary judgment, claimed that the memo contains classified and highly sensitive information that, if disclosed, would compromise intelligence operations and sources. DOJ attorneys argued that executive privilege shields the memo from disclosure.

“Wouldn’t that be true of any OLC memo?f” US District Judge Paul Engelmayer countered, according to Courthouse News Service. “Is it the government’s position that any presidential communications privilege cannot be waived?"

Stein asserted that the boat strikes are being carried out “on the basis of secret law” that “has no place in a democratic society” and dismissed the government’s claim as “contrary to the foundational presidential communications privileges" in Freedom of Information Act cases.

CCR legal director Baher Azmy accused the Trump administration of “displacing the fundamental mandates of international law with the phony wartime rhetoric of a basic autocrat.”

“If the OLC opinion seeks to dress up the obvious illegality of these serial homicides in legalese in order to provide cover, the public needs to see this analysis and ultimately hold accountable all those who facilitate murder in the United States’ name," he added.

CCR said that the OLC memo “supposedly validates the ongoing strikes as lawful acts in an alleged ‘armed conflict’ with unspecified ‘drug cartels.’”

“Reportedly, the memo also purports to immunize personnel who authorized or took part in these unlawful strikes from future criminal prosecution for what would otherwise simply be homicides,” the group added.

As CCR said Wednesday:

Contrary to the government’s public assertions, the US is not, and could not be, in an armed conflict with Latin American drug cartels. Under international law, an armed conflict between a state and a nonstate actor exists only if the nonstate actor is an “organized armed group” that is structured and disciplined like regular armed forces and is engaged in “protracted armed violence” against the state. There is no plausible argument that any drug cartel satisfies this test vis-à-vis the United States.

Even if the OLC does release the memo, it doesn’t mean that its arguments are actually legal under international law. OLC lawyers have notoriously written opinions that affirm the purported legality of their administration’s policies, from John Yoo positing during former President George W. Bush’s War on Terror that detainee abuse only crossed the threshold of torture when the pain inflicted upon the victim was equal to “organ failure, impairment of bodily function, or even death," to the Obama-era OLC determining that the president could order the extrajudicial assassination of US citizens under certain circumstances.

Since last September, US Southern Command (SOUTHCOM) has publicly disclosed 66 strikes on boats in the Caribbean Sea and Pacific Ocean that it has claimed—without providing evidence—were involved in “narco-trafficking operations.” The bombings have killed 215 people and left around a dozen survivors, according to a strike tracker published by The Intercept. In the first of the attacks, a special operations commander ordered a second strike that killed two survivors, reportedly on orders from Defense Secretary Pete Hegseth to “kill everybody.”

Relatives of people killed in previous US boat bombings, as well as officials in Venezuela and Colombia, have said that numerous victims were fishers who were not involved in the illicit drug trade. In January, relatives of two Trinidadian fishers killed in the strikes filed a federal wrongful death lawsuit in Massachusetts.

NYCLU staff attorney Ify Chikezie said Wednesday that “the public deserves to know how the Trump administration is rubber-stamping the killing of civilians.”

“By claiming that these attacks are legal while refusing to provide any evidence or rationale, President Trump shows once again his disdain for basic transparency, human rights, and the rule of law," Chikezie added. "The court must step in and order the administration to release these documents immediately.”

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