Authority comes from the Maritime Drug Law Enforcement Act (MDLEA) (46 U.S.C. 7050170508) which we have been using since 1986…it's a pain in the a$$ process and that's why I'm not totally against the strikes. I just think we need to make an attempt to follow our laws and procedures and second strikes don't appear to be legal, but we will see.flown-the-coop said:jacketman03 said:flown-the-coop said:AtticusMatlock said:
The threat profile is completely different. This is not a surviving couple of Taliban soldiers hiding under a bush after an Apache ambushes their convoy. Those guys would have returned to the fight as quickly as they could.
The guys on these boats are mules. They are usually fishermen who are paid a bunch of money to go from point A to point B, most are not even involved with the cartels other than just being paid for this one task. Clinging to the burning wreckage of a boat, these guys were no longer a threat to the United States. Pick them up, get some intel, charge them.
Are they fisherman doing this one thing, just mules, simply getting paid?
Or do they have intel and are worthy of being charged (by the way, not sure we actually have jurisdiction to charge them - so they would have to be treated as enemy combatants and sent to Gitmo or similar)?
Or we finish the job.
If they're criminals, you arrest and charge them. If they're unlawful enemy combatants, you detain them and send them to Gitmo. If they're neither, you capture them, then release them (you know, what we did after later strikes).
It's better where we left them.
After thinking about it, my opinion is the SEALS are so used to double tapping terrorist in the desert who can crawl into a hut and join the fight tomorrow, that they didn't think about the nuanced difference with combatants disabled at sea…at least the first time, and then they figured it out.
