Last Updated on January 28, 2025
Don Jr. shared an X post made by Utah Senator Mike Lee, proposing use of a long-forgotten constitutional provision that grants “reprisal” powers to citizens, against foreign enemies on Monday.
This legal clause, Lee argued, could serve as an answer to threats from Mexican cartels.
This provision, knowns as “letters of marque and reprisal”, allows the U.S. government to provide official government licenses that permit private citizens (privateers) to engage in actions typically seen as piracy, such as attacking enemy ships in times of war. Commonly used during the “Age of Sail”, these documents gave their civilian recipients legal permission to seize property from foreign vessels as a form of retaliation for hostile actions by other nations.
Don Jr’s post, which was shared on X, included a re-post of the 11 part thread made by Lee, along with a caption of his own. Encouraging others to consider the idea, it is unclear how seriously the President’s son considers the prospect.
“If you’re looking for an effective, efficient, @DOGE-compliant way to combat Mexican drug cartels—especially those now threatening to target U.S. planes deporting illegal aliens—you will really like this thread proposing letters of marque and reprisal as a possible solution!,” Don Jr. wrote.
Lee’s original thread on X, laid out point by point, made the case for “letters of marque and reprisal” using constitutional and historical grounds.
1/ What Are Letters Of Marque And Reprisal And How Could They Be Used To Weaken Drug Cartels?
2/ Letters of marque and reprisal are government-issued commissions that authorize private citizens (privateers) to perform acts that would otherwise be considered piracy, like attacking enemy ships during wartime. Privateers are rewarded with a cut of the loot they “bring home”
3/ Legal Basis in the U.S. The U.S. Constitution authorizes these commissions in Article I, Section 8, giving Congress the power to “grant Letters of Marque and Reprisal” While Congress hasn’t issued one in over a century, the authority to do so still exists
4/ Modern Context: Mexican Drug Cartels Using letters of marque could be a novel, but effective response to unique threats posed by drug cartels—especially in response to threats by the cartels to target U.S. planes returning illegal immigrants to their countries of origin
5/ How Could They Be Applied? – Authorization: Congress could issue letters of marque and reprisal authorizing private security firms or specially trained civilians to intercept cartel operations, particularly those involving drug shipments or human trafficking across borders – Targets: Focus on disrupting supply lines, capturing high-value targets, or seizing assets like boats, vehicles, cash, gold, or equipment used in criminal activities
6/ Advantages – Flexibility: Private entities operate with more agility than the government, adapting quickly with the tactics of cartels – Cost: Would reduce the financial burden on taxpayers, as privateers receive only a cut of what they recover & return to the U.S.
7/ Criticism The use of letters of marque and reprisal would undoubtedly draw criticism, especially from those inclined to elevate abstract, often-inchoate principles of what they deem “international law” above the sovereign interests of the United States
8/ Dismissing the possible use of letters of marque to combat Mexican drug cartels—either on the basis of “international law” or otherwise—overlooks the clear and present threat posed by those cartels to the U.S. This could prove to be an effective alternative to war
9/ We have no desire to go to war with our southern neighbor But we also can’t ignore the fact that drug cartels are now threatening to target U.S. planes deporting illegal aliens That sounds like a great reason to consider issuing letters of marque and reprisal
10/ Letters of marque and reprisal have worked well for the U.S.—and countless other countries—in the past We’d be wrong not to consider using them against the cartels
11/ Please share if you like this idea—and follow if you’d like to see more posts about letters of marque and reprisal & other amazing, little-known features of the U.S. Constitution
Senator Lee’s controversial series of posts come at a time when cartels are showing increased aggression against President Trump’s deportation efforts.
On Sunday, KABB Fox San Antonio announced that authorities issued an urgent warning for travelers crossing the border between the United States and Mexico, after cartel members reportedly placed explosives along roadways in Tamaulipas.
On Monday, it was reported that Mexican cartels threatened to target U.S. planes flying deported illegals back to Mexico. On that same day, suspected members of a Mexican drug cartel opened fire on American Border Patrol agents stationed at the border. Though border agents returned fire, there were no reported injuries.
