WASHINGTON, DC- Sen. Mike Lee (R-UT) introduced a bill last week that would authorize private individuals to seize foreign vessels from anyone who “is a member of a cartel, a member of a cartel-linked organization, or a conspirator associated with a cartel-linked organization,” the Washington Post reported.
The bill would revive a relic of the past, in which so-called “privateers,” authorized by government-issued letters of marque, sought out pirates by targeting enemy ships. This was prevalent in the 1700s and 1800s.
“Cartels have replaced corsairs in the modern era, but we can still give private American citizens and their businesses a stake in the fight against these murderous foreign criminals,” Lee said in a statement announcing the bill.
“The Cartel Marque and Reprisal Reauthorization Act will revive this historic practice to defend our shores and seize cartel assets.”
Corsairs refers to French privateers; however, the term was also used to refer to Barbary privateers and raiders, and to various pirates through the ages, the Post noted.
Lee’s bill represents the latest move by Republicans to control drug smuggling by foreign cartels. Since September, the Department of War has launched strikes on at least 26 drug-smuggling boats, killing at least 99 drug traffickers in the process.
Those strikes have taken place in the Caribbean Sea and the eastern Pacific. President Trump has said the U.S. is in an “armed conflict” with drug cartels.
The Trump administration has made a priority over stopping the flow of illicit drugs, specifically fentanyl, into the country. As part of that mission, the Pentagon has deployed numerous warships, surveillance craft, and aircraft in the Caribbean, including the super-carrier USS Gerald R. Ford—the largest aircraft carrier in the Navy’s fleet.
Thousands of soldiers, including elite Special Forces units, have also been deployed to the region.
In addressing his proposed legislation, Lee said:
“The Constitution provides for Letters of Marque and Reprisal as a tool against the enemies of the United States,” said Lee.
“They push millions of dollars in fentanyl into our country with no regard for human lives,” added Rep. Tim Burchett (R-TN). “It’s time to get creative about how we face these threats. These cartels present a serious risk to our national security, and this bill would authorize President Trump to commission Americans to help defend our homeland.”
In his release, Lee added:
‘Article 1, Section 8, Clause 11 of the Constitution allows Congress to “Grant Letters of Marque and Reprisal.” Once a commonly used tool against piracy, letters of marque authorized private citizens to seize enemy vessels with their cargo and crew. The Cartel Marque and Reprisal Reauthorization Act would give President Trump the authority from Congress to allow private citizens and groups to join in defending the United States from cartels on land and sea.”
Further, Lee’s office said the bill:
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Authorizes and commissions the President of the United States to issue letters of marque and reprisal, according to the judgment of the President, to employ all reasonably necessary means to seize outside the geographic boundaries of the United States and its territories the person and property of any cartel or conspirator of a cartel or cartel-linked organization.
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Specifies that cartels or conspirators subject to letters of marque and reprisal must be responsible for an act of aggression against the United States.
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Requires the President to call for the posting of a security bond to ensure that the letter is executed according to its terms and conditions prior to issuing any letter of marque and reprisal.
Lee’s bill does have some recent history, for example, lawmakers previously proposed legislation that would authorize privateers to seize property owned by Osama bin Laden or others responsible for the Sept. 11, 2001, terrorist attacks; legislation was also proposed to target Somali pirates and capture yachts owned by Russian oligarchs, the Post reported.
Burchett, who proposed a version of the bill in the House in February, said, “It’s just another tool in the box. I think Trump’s the right one to activate it.”
In addressing the proposed legislation, Burchett said, “You’re not going to get a bunch of guys down at the local beer joint” to “sign up.” “There’s certain legal criteria that will have to be met.”
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