Murder is a crime that is punishable in every civilized society. It is a crime that is not difficult to understand or comprehend.
I spent almost two decades on the bench in the State of New York presiding over many murder trials. In New York, murder is defined very simply. “A person is guilty of murder in the Second degree when: with the intent to cause the death of another person he causes the death of such person or third person…”[1]
On September 20, 2025, Trump, on his Internet platform, Truth Social, posted that the United States military had destroyed a boat, killing three people in the Caribbean. It was the third vessel that had been destroyed on his orders in this way.
The first was on September 2, 2025, and Trump posted that he directed the military to destroy a boat that killed eleven people.[2]
On September 15, 2025, Trump announced that he had ordered a strike on a second boat, killing three people.[3]
On September 20, 2025, Trump announced that the United States had struck a third vessel killing three more people. To date, the government has not provided a shred of evidence to back up the claim that any of the vessels were laden with drugs or were piloted by members of a cartel. At present the only military branch of the United States government empowered to interdict and arrest drug trafficking at sea is the United States Coast Guard.[4]
Legal experts widely agree that attacks on the three vessels are illegal. Indeed, this seems to be the view inside the Trump White House which is reportedly drafting legislation that would empower Trump to order these attacks. Congress has not authorized any armed conflict with drug cartels.”[5]
Title 18 of the United States Code Section 2441 which defines war crimes provides ”Whoever, whether inside or outside the United States, commits a war crime, in any of the circumstances described in subsection( B) shall be fined under this title or imprisoned for life or any term of years, or both, and if death results to the victim shall also be subject to the penalty of death.”
Subsection B (2)(b) of this law provides in pertinent part “there is jurisdiction over an offense described in subsection(a) if regardless of where the offense occurs… the offender is present in the United States, regardless of the nationality of the victim or offender.” A further part of this law, which enumerates war crimes, includes murder and further provides “ the act of a person who intentionally kills, or conspires or attempts to kill, or kills whether intentionally or unintentionally in the course of committing any other offense under this subsection, one or more persons taking no active part in the hostilities…[6](Emphasis added)
The law is crystal clear that engaging in this conduct is a crime punishable under the United States Code wherever the killing occurs. It is equally clear that the criminality in these killings cannot be subsequently expunged by authorizing legislation that was not in effect when the killings occurred.
Eight years ago, Trump expressed his admiration for president Roderigo Duterte of the Philippines for the way in which he authorized the extrajudicial murders of drug traffickers in that country.[7] Today, Duterte finds himself in a cell at the Hague, charged with Crimes Against Humanity for the extra judicial murder of 76 people he claimed were drug dealers.[8] It is entirely conceivable that Trump could find himself in the same place in the future.
Until then, if Trump authorizes more of these extrajudicial killings, we will have to content ourselves with the knowledge that we now have the only felon to occupy the White House and that he might also be a serial killer too. What an achievement.
[1] New York Penal Law Section 125.25(1).
[2] Trump Says US attacked a boat carrying Venezuelan gang members, killing 11 “, by Helene Cooper, Eric Schmitt, Edward Wong and Alan Feuer New York Times, September 2, 2025.
[3] “US Strikes a 2nd Venezuela Boat Killing Three People, Trump Says,” by Eric Schmidt, Helene Cooper and Charlie Savage, New York Times, September 15, 2025
[4] “US Kills 3 in Another Strike on ‘narcoterrorist’ Vessel Trump Says” by Andrew Jeong, Washington Post, September 20, 2025.
[5] “Draft Bill Would Authorize trump to Kill People he deems Narco-Terrorists,” by Charlie Savage and Robert Jimison, New York Times, September 20, 2025.
[6] Title 18 United States Code Section 2441, Legal Information Institute, Cornell Law School.
[7] “Trump Praised Duterte for the Philippine Drug Crackdown in Call Transcript,” by David Sanger and Maggie Haberman, New York Times, May 23, 2017.
[8] “Crimes against Humanity Charges Against Former Philippine President Duterte Detailed by Court,” by Associated Press, Albany Times Union, September 23, 2025