Consider This from NPR Trump calls cartels terrorists. Is that enough to go to war?
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Oct 6, 2025 
Join John Yoo, a former Bush administration lawyer and UC Berkeley law professor, as he dives into the controversial classification of Latin American drug cartels as terrorists. He explains why labeling cartels as wartime enemies could overextend military powers intended for genuine threats. Yoo distinguishes between harm and political violence, arguing that profit-driven motives of cartels differ fundamentally from terrorist groups. He emphasizes the importance of congressional authorization in military actions, questioning whether this approach is legally justified.
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War Powers Versus Criminal Law
- The Constitution and laws draw a sharp line between war and crime with very different protections and procedures.
- John Yoo argues using wartime powers removes suspects' usual criminal-law rights like charges, Miranda, counsel, and jury trials.
Harm Alone Doesn't Make War
- Harm to the country alone doesn't turn crime into war, Yoo says, even if drug deaths exceed casualties from many wars.
- He emphasizes the test should focus on whether a foreign group uses force for political objectives, not on death tolls.
Motives Differentiate Enemies
- Yoo contrasts al-Qaeda's political motives with drug cartels' profit motive to argue cartels don't meet the wartime enemy test.
- He says cartels don't use force against the U.S. for ideological or political aims; they seek money.