A lightly sarcastic post on Facebook about the ineptness of certain members of the Trump administration, illustrated with an image of the Three Stooges, brought an unusually virulent torrent of criticism from those who blindly and enthusiastically support this administration.

Now I enjoy these moments, but I thought I should explain the facts and reasons behind the sarcasm and criticism of the administration.

These individuals rising to the defense of the President seem to be thrilled by the specter of the American military being tasked with blowing up boats, ostensibly trafficking in narcotics, with little evidence other than a few war whoops from the Secretary of War and similar chest pounding by Mr. Trump.

So, let’s play devil’s advocate here.

Assuming these boats are transporting drugs—and in all likelihood they are, but that is beside the point—how effective will this policy be in interdicting the flow of narcotics into the United States?

Here are some interesting facts from the Drug Enforcement Administration (DEA) and Immigration and Customs Enforcement (ICE).

According to ICE, 95% of Fentanyl is seized at Points of Entry (P.O.E.). The overwhelming majority of which are land-based border crossings or airports.

Of the Sea-based routes, 75% are Pacific Marine Routes.

China plays an integral part in providing precursor chemicals to Mexico, where the majority of Fentanyl is produced and then smuggled into the US through P.O.E.

According to U.S. Customs and Border Protection statistics, 90 percent of heroin seized along the border, 88 percent of cocaine, 87 percent of methamphetamine, and 80 percent of fentanyl in the first 11 months of the 2018 fiscal year were caught trying to be smuggled in at legal crossing points, and that trend has continued.

While other means are certainly used, including boats offloading offshore and coming in under cover of darkness, the statistics are a good indication of the preferred methods of smuggling.

Because most fentanyl seizures occur at ports of entry, the majority of fentanyl is smuggled by people who can enter the United States legally. These individuals can evade detection by posing as normal travelers entering or re-entering the United States. As a result, transnational criminal organizations tend to recruit U.S. citizens, who receive the least scrutiny on entry.

From FY 2018 through FY 2024, over 92 percent of all fentanyl was seized either at a port of entry or at a Border Patrol vehicle checkpoint.

Importantly, fentanyl seizures peaked in spring 2023 and have been declining since. CBP fentanyl seizures hit record levels in April 2023 at 3,220 pounds. Although the exact reason is not yet clear, seizures fell nearly every month after that, and by March 2025, had dropped to just 760 pounds. This drop in seizures occurred almost entirely at ports of entry, with nationwide Border Patrol fentanyl seizures in April 2025 (133 pounds) remaining at roughly the same levels as April 2024 (140 pounds) and April 2023 (137 pounds), despite dramatically fewer migrant crossings.

Evidence suggests that less fentanyl may be coming into the country because there is less demand for it in the U.S. as opioid overdoses fell dramatically in 2024, with official CDC data through November 2024 showing that overdose deaths dropped in all but two states (Arizona and Hawaii). Should these trends continue, it suggests the worst of the fentanyl crisis may be behind us.https://www.americanimmigrationcouncil.org/fact-sheet/fentanyl-smuggling/

This policy of targeting drug boats in international waters focuses on the least common method of smuggling drugs into the country. Perhaps, if one can believe the information from DEA and ICE, by not stripping resources away from P.O.E. and redirecting them to capturing Walmart shelf stockers and McDonald’s hamburger flippers, we could focus on the routes delivering the overwhelming majority of drugs to the US and, perhaps, catch more Americans who are active and willing participants.

Mr. Trump’s administration may lack many things, but creativity is not one of them. They crafted a convenient end run around domestic law and inconvenient principles like Posse Comitatus and designated organizations like Tren de Aqua as terrorist organizations and declared them as enemies engaged in attacks on US sovereignty.

In this particular instance, I agree with them. When Nixon declared drugs to be “public enemy number one” and started the War on Drugs campaign, it was anything but a war. Like other failed policies with good intentions, it lacked a clear purpose, a clear method of application, and a clear goal.

It was never a war.

Mr. Trump’s designating the issue as one of armed aggression against the United States is a wise one, but it shouldn’t be the basis for derailing our system of justice and, at the very least, should operate under the rules of war.

The United States, unlike many other nations, always weighs the value and purpose of a military action against the risk to innocent civilians. The history of the world reflects very few countries that do so. Yet even the United States resists some limits imposed by well-articulated international law.

One of those is the United Nations Convention on the Law of the Sea. This defines the principle of self-defense in international waters. UNCLOS+ANNEXES+RES.+AGREEMENT

The principle of self-defense under Article 51 of the U.N. Charter only allows the use of force against an imminent threat. It is hard to see how a drug-laden speedboat in international waters hundreds of miles from U.S. territory posed an imminent threat to the United States. (Interestingly enough, the US Congress, despite decades of lobbying by other Presidents and supporters, refuses to ratify this treaty.)

With the level of surveillance sophistication available to the military, tracking these boats to our territorial waters, then interdicting them by whatever means necessary, including destruction, would not only be lawful but also offer the kind of proof needed to justify the actions.

And maybe, in our on-again off-again relationship with China, our on-again agreement on trade can be expanded to get the Chinese to cooperate in stopping the flow of precursor chemicals.

Thus, my criticism and sarcasm are based not on the method or goal of this policy, but that they are focusing on the least effective methods and areas at risk. And the process and willingness to ignore accepted military and civilian law enforcement protocols is clearly un-American.

Why, you might ask, should we care about some smugglers getting blasted out of the water when it is clear they are trafficking? Because if we are willing to accept that blurring of the lines, where does it end?

The Founding Fathers were wise in devising our form of government. Power is not concentrated in any one branch. If we allow one branch to ignore that balance, and subvert the equal parts of government, we face a reduction in our rights and an inexorable march toward totalitarianism.

In simplest terms, you can blow up all the boats you like, twelve miles off the coast, as long as you follow our laws.

“Fortunately, I keep my feather numbered for just such an occasion.”