Law Talk With Epstein, Yoo & Cooke

Trump v. Everyone: War on Drugs, War on Courts, War on the Fed

Sep 12, 2025
The hosts dissect the legality and implications of Trump's military operation against a Venezuelan drug boat. They debate the Supreme Court's stance on immigration profiling in Los Angeles and its impact on civil liberties. A tension-filled judicial tug-of-war emerges between lower courts and the Supreme Court, highlighting the complexities of legal interpretations. Finally, they delve into the contentious issue of presidential power over the Federal Reserve, focusing on the president's authority to dismiss officials like Lisa Cook.
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INSIGHT

Legal Fragility Of The Boat Strike

  • The Venezuelan boat strike raises deep legal and evidentiary doubts about treating drug interdiction as war.
  • Destroying the boat erased evidence and made lawful justification opaque, increasing political risk.
INSIGHT

When Drug Cartels Cross Into War

  • John Yoo says the core legal question is whether cartel activity is tantamount to war or remains criminal.
  • If cartels act as arms of a hostile state, the laws of war could justify lethal strikes without imminent-threat rules.
INSIGHT

Recklessness And International Norms

  • Richard Epstein argues the strike looked reckless and unnecessary given alternatives like boarding.
  • He warns that eroding international law norms with ad hoc actions is dangerous for global order.
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