Senator Mike Lee advocates for the idea of the U.S. employing state-backed piracy as a means to confront Mexican drug trafficking organizations.
The Republican from Utah elaborated on this unconventional proposal through a series of posts on X this past Monday.
He noted that Article 1, Section 8 of the U.S. Constitution grants Congress the authority to declare war and “issue Letters of Marque and Reprisal,” which permit private individuals to equip private naval vessels to attack or capture enemy ships. Those privateers are entitled to retain a portion of the “spoils” from their captures while handing over the remainder to the government.
The last time Congress utilized this authority was over two centuries ago, serving as a cost-effective method for the state to undermine its adversaries’ economies and support the U.S. military endeavors.
Currently, privateering is deemed illegal under international law, and the U.S. has committed to refraining from such actions. Nonetheless, Lee argues for its revival to combat drug cartels, which he asserts pose a new threat by potentially targeting U.S. aircraft that are deporting undocumented immigrants.
“Congress could issue letters of marque and reprisal that would allow private security companies or specially trained civilians to disrupt cartel activities, especially those related to drug trafficking or human smuggling across borders,” he asserted.
The focus of these operations would be on undermining supply routes, capturing essential figures, or confiscating valuables such as boats, vehicles, money, and weapons. Lee claimed this approach would provide greater flexibility and reduce expenditures for the government, positioning it as a “viable alternative to military engagement.”
While he acknowledged that this notion would attract backlash, Lee maintained that “abstract” ideas, such as adherence to international law, should be secondary to the “immediate and obvious danger” the cartels present.
However, Vanderbilt Law School Professor Ingrid Wuerth highlighted in a 2022 interview the myriad risks associated with Congress empowering profit-driven private individuals against foreign foes.
For instance, privateers are likely to pursue the most accessible and profitable targets rather than focusing on strategic military objectives. Furthermore, they may set the stage for “abuse, greed, and corruption,” which is the principal reason such measures have not been invoked since the War of 1812, Wuerth explained.
According to her hypothetical scenarios, these privateers could end up attacking Mexican nationals instead of solely targeting the cartels, and they might unlawfully confiscate assets from legitimate enterprises.
Additionally, the original purpose of letters of marque and reprisal was due to the lack of a strong Navy during the Revolutionary War and the initial phases of the republic. In contrast, contemporary America boasts the most formidable military force globally.
Even though it would not technically constitute a declaration of war against Mexico, letters of marque and reprisal are often perceived as acts of war, Wuerth noted.
Modern governments also possess far more refined enforcement tools than those available to the Founding Fathers. Nevertheless, it must be said that “freezing cartel assets” does not generate as much intrigue as does “state-sponsored piracy.”
Regardless of the substantial concerns, Lee has persistently argued for the renaissance of privateering. During CPAC 2011, a premier convening of the conservative establishment, he expressed his enthusiasm for letters of marque and reprisal as his “most favored congressional power.”
He described the letters as “essentially a permission slip from Congress that enables the holder to act in the name of the United States and partake in state-sponsored piracy on the high seas.” He proclaimed at the time, “And so, help me, if it’s the very last thing I accomplish… I will obtain a letter of marque of reprisal,” eliciting laughter and applause. “I’m going to acquire a ship and an eye patch, and I’m going to be a pirate, and you’re all welcome to join me!”
