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The Trump administration is facing a lawsuit seeking the immediate release of a memo providing the legal justification for U.S. military strikes on drug boats, Fox News has learned.
The lawsuit was filed by the American Civil Liberties Union, the American Civil Liberties Union Foundation and the Center for Constitutional Rights. The Department of Justice, including its Office of Legal Counsel, Department of State and the Department of Defense, which was recently renamed the Department of War, are listed as defendants.
War Secretary Pete Hegseth listens as President Donald Trump speaks during a Cabinet meeting at the White House, on Tuesday, Dec. 2, 2025. (Julia Demaree Nikhinson/AP)
In the lawsuit, the ACLU, which noted the action was being taken under the Freedom of Information Act (FOIA), said it was “seeking the immediate release of a legal opinion authored by the Office of Legal Counsel (OLC), a component of the Department of Justice (DOJ), concerning the U.S. military’s claimed authority to carry out lethal strikes on civilians in boats that the U.S. government asserts are carrying drugs.”
The ACLU argued that the release of the information was “critically important to ensuring informed public debate about the U.S. military’s unprecedented strikes,” which it says were carried out “in clear violation of domestic and international law.”
On Sept. 2, the Trump administration carried out the first publicly-acknowledged strike on a suspected drug boat in the Caribbean Sea. The strike has since become controversial due to a second missile that was shot at the boat, killing the only two survivors of the initial hit.
President Donald Trump said the survivors were trying to “return the boat back to where it could float.” While the president initially said he saw “no problem” with releasing the footage, he appeared to backtrack on Monday, saying it was up to War Secretary Pete Hegseth, according to The Associated Press.
While the administration has stood by the strikes as being conducted in a lawful manner, the ACLU argues that the actions are illegal. The civil liberties organization states in the lawsuit that “The U.S. military may not summarily kill civilians who are merely suspected of smuggling drugs,” noting that “non-lethal measures” must be taken first.
This is a developing story. Please check back for updates.
The Associated Press contributed to this report.
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