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U.S. military members fear personal legal consequences related to boat strikes

ROB SCHMITZ, HOST:

For more than three months, the Trump administration has been blowing up what officials describe as drug boats in the Caribbean and eastern Pacific. They say these are legal military strikes to stop illicit drug smuggling. Legal experts call them extrajudicial killings. And this has put service members in a tough spot and prompted some to seek outside legal advice. NPR's Ryan Lucas reports.

RYAN LUCAS, BYLINE: Since the U.S. military began blasting suspected drug boats in early September, organizations that provide advice to members of the U.S. military say they've been receiving calls from service members who are concerned about their own involvement, or potential involvement, in those operations.

STEVE WOOLFORD: It's hard to be a soldier and make determinations in any situation, but it's especially hard in a situation like this.

LUCAS: Steve Woolford is with Quaker House in North Carolina, which provides counseling and support to U.S. troops. The Trump administration has said the president has ordered the boat strikes under his Article 2 powers as commander in chief and in self-defense. The Justice Department has drawn up a still-secret opinion providing the legal justification. Woolford says a couple of service members have called his group with concerns about potential legal blowback for themselves personally for participating in the drug boat strikes, but they also have broader concerns.

WOOLFORD: Both of them also had moral concerns because they're people who are willing to be part of defense, but they don't want to be part of doing something illegal, or I don't think they'd feel right killing people outside of the laws of war or things like that.

LUCAS: Woolford says Quaker House connected the callers with attorneys who could give them more help and legal guidance. Woolford's group is just one of many that are available for American troops seeking outside support. Another is The Orders Project.

FRANK ROSENBLATT: We are here as a reference for anyone in the military who has questions about lawful and unlawful orders.

LUCAS: That's Frank Rosenblatt. He says they've seen a lot more calls - he won't say how many - since the boat strikes began more than three months ago. Some of those getting in touch, he says, are staff officers with legal, intelligence or targeting expertise who have to sign off on some sort of military action.

ROSENBLATT: What we're finding out is they're being told that there are these political appointees who really want to be able to talk about this and tout and say everybody in the military who looked at this said it was green light, A-OK and good to go.

LUCAS: He says that when the career officers don't sign off by indicating nonconcur, they are coming under pressure.

ROSENBLATT: So much pressure, in some cases, that they're giving us a call to say, what are my options here? I want to do the right thing, but I also don't want to, you know, torpedo my career unnecessarily.

LUCAS: Rosenblatt says they've also received calls from at least one drone pilot. But generally, the service members who are calling are not the people pulling the trigger. Instead, they are more on the operational planning side. Woolford says that goes for the callers Quaker House has had, too. And while the number of callers may not be huge at this point, the fact that people are reaching out at all reflects the confusion and worry some service members have about what they are being ordered to do. Again, Steve Woolford.

WOOLFORD: I think what a lot of people have talked about as concern is the consequences of what happens should be based on what the laws are, but I'm concerned that they have more to do with the politics. Then it just becomes this complicated guessing game of who's going to be in charge and what are they going to say is right, as opposed to maybe a more solid foundation of we have accepted rules we can just go by.

LUCAS: And that, he says, is a very difficult position for members of the military to be in.

Ryan Lucas, NPR News, Washington.

(SOUNDBITE OF MUSIC) Transcript provided by NPR, Copyright NPR.

NPR transcripts are created on a rush deadline by an NPR contractor. This text may not be in its final form and may be updated or revised in the future. Accuracy and availability may vary. The authoritative record of NPR’s programming is the audio record.

Ryan Lucas covers the Justice Department for NPR.

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Federal funding is gone.

Congress has eliminated all funding for public media.

That means $2.1 million per year that Connecticut Public relied on to deliver you news, information, and entertainment programs you enjoyed is gone.

The future of public media is in your hands.

All donations are appreciated, but we ask in this moment you consider starting a monthly gift as a Sustainer to help replace what’s been lost.