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America Is Repeating a 200-Year-Old Mistake — On Purpose

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Senator Mike Lee has proposed a new Senate bill designed to treat drug cartels like pirates, effectively reviving an 18th-century legal mechanism known as letters of marque. This constitutional tool was last utilized during the War of 1812 and historically authorized private actors, or "privateers," to engage in warfare against designated enemies with official government sanction. Under Lee's proposal, cartel members would be classified as pirates under international law, allowing for the deployment of private security contractors rather than traditional military forces. This approach aims to bypass current congressional war declarations and executive orders by creating a specific legal framework that permits private entities to target narco boats legally, seize their vessels, confiscate bounties, and even shoot at them if they fit the defined criteria. The discussion highlights how this strategy mirrors historical methods used during the "Golden Age of Piracy" and the expansion of the American West. In both eras, governments found it difficult to track down illicit actors using only official military resources, leading them to empower private militias that could operate with greater flexibility than standing armies or naval fleets. The transcript draws parallels between these historical strategies and modern insurgent tactics, noting that relying on a massive standing military for every conflict can be inefficient compared to decentralized efforts by citizen groups amassing their own forces. Proponents argue this method allows for a more agile response to threats in regions like Mexico, Colombia, and Venezuela, where cartels operate from land or sea outside U.S. jurisdiction but are subject to the new legal definitions provided by Washington. However, significant concerns arise regarding the potential chaos of unleashing private citizens without rigorous oversight. The dialogue emphasizes that while there would be a set of rules defining what constitutes a valid "narco boat" and establishing engagement protocols, the risk of error remains high. If a privateer mistakenly identifies an innocent vessel or kills an American citizen in retaliation for cartel actions, they could face severe legal consequences, including imprisonment. Critics worry about scenarios where a drone strike ordered by officials like Pete Hegseth results in collateral damage involving civilians commandeered by cartels, potentially sparking international diplomatic crises with nations that have not consented to U.S. jurisdiction over their territories. Ultimately, the conversation concludes with skepticism regarding whether this revival of privateering is a viable or safe solution for modern counter-narcotics efforts. While historical contexts allowed for such measures due to limited policing capabilities and high mortality rates among pirates, today's geopolitical landscape presents different risks that could lead to unintended escalation. The summary suggests that while the idea appeals to those who view history as cyclical, it represents a dangerous regression toward "half-cocked" militia actions rather than maintaining professional military standards. Without clear international cooperation from neighboring countries and strict adherence to legal boundaries, this policy shift threatens to create instability rather than resolve the issue of transnational drug trafficking networks.
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This is coming out of the segment Mike Lee's proposal to make Pirates of the Caribbean legal again. I can read this but I feel like you have this like cute up so I'm going to pass the mic to you Tom. Like walk us through this. What did this mean exactly? So all right, here's what's going on. Senator Mike Lee wants to treat cartels like pirates so you got to respect that. A new Senate bill would let the president issue letters of marque officially treating cartel members as pirates. Letters of marque are a constitutional tool that are used to authorize private actors in warfare. The bill would classify cartel members as pirates under international law. This allows private security or contractors to target cartels legally. It bypasses traditional military deployment and congressional war declarations which is turning out to be something that Trump is very good at finding like those things like the old laws that like oh, I can just use my EO powers to get this across the line. Okay, now I got a new law. Wild. [laughter] The last US letters of marque were issued during the war of 1812 to give you an idea on this. So yeah, this quite literally brings us back to the age of piracy where what we realized was okay, this is way too hard for the British Empire to track down all this stuff so we're going to start writing these letters of marque so that privateers as they were known had official sanction to go and like shoot cannons at these pirates and take stuff back, confiscate their ships, confiscate their bounty. I mean it is this this one is wild to me. Like I really saw in some ways that history moves in like this linear fashion and now I'm realizing man, this stuff really just loops on itself like endlessly. >> feel like this is the start of your One Piece journey now. We get we get a crew. We can we can get a round. We just need a Nami and we'll be good. Like we just we can just start going around and just looking for You're saying it to be funny but that's what this That's that's the actual law. There there is a guy if you look in the I can't remember if it's on the White House one but somebody posted about this. There's a guy who I guess is part of he says in his Twitter bio part of P Marquez which is Mark Andreessen part of his like tech in group and he makes military weapons and he was like hey to any of you privateers that are going to do this. So all you Luffy's, all you Nami's, all you Zoro's out there, we've got the weaponry that you need and we're ready to supply you. And I was like oh my god. Okay, jokes aside, what this is saying is it's almost kind of like the like a citizen's arrest but like in the in the Caribbean Sea. So that way if you see a narco boat or anything that seems I guess under the definitions that Trump outlined, you can not you can seize from them, you can shoot at them, you can take their boat and >> we would have to look. We'll do some >> seize it. research into the actual specifics of what's legal and what's not. I don't want to give people a legal opinion here >> but yes, there would be a set of known yeses and nos. So things you can do, things you can't do, rules of engagement, all of that stuff and as long as you file them, then it would be considered a good seizure. I don't know what percentage they're allowed to keep of the stuff that they get. I that we'd have to look into but this is one of the ways that the Golden Age of Piracy was ended was privateers just like came out of the woodwork. This is also by the way how the West was won. You had all of these militias that the most famous would morph into the Texas Rangers but it started as these groups realizing oh, the way that the government is officially going about fighting the Native Americans is nonsensical. Native Americans, they'll always exploit a moment of weakness and the second that the odds are matched, they bail. It's actually quite brilliant. It's very the kinds of strategies that we would use during the Revolutionary War, the kind of strategies that insurgents use. It's like you don't fight in a headlong trench warfare kind of battle and so all of this allows for that sort of mono e mono type thing where it's going to be what start as private citizens amassing what will look like militias going out and stopping these narco boats but like how they qualify, like how do you prove that this is a narco boat? What happens to you if it's a not a narco boat and you blow it up and you kill somebody? Like that's going to happen. This is one of those things that like the writer in me is like I can't believe this is real. This is incredible and then the like real world version of me is like this is psychotic and this is going like this is the kind of thing I wanted to believe that we moved away from. This is why we have the military. Like you both having a big country where you pay for everything and you have this gigantic standing military and unleashing private citizens to build their own militia and and go off half cocked is like guys, let's pick a lane here. Either we're going to pay for everything and we're going to be a military that's going to police the seas or defund to a reasonable extent a lot of this stuff and say, 'Cool, privateers, have at it. Here are the laws. Keep in mind, you can go to prison, so be careful if you do this wrong.'" So, this one is I will be I I will reserve my judgment to see how this plays out, but I cannot see this playing out any way but badly. The real like domino to fall will be when Pete Hegseth drops a drone on a narco boat, but it was a narco boat commandeered by a privateer and ends up killing an American citizen who just killed the narco person. >> Yes. And that's the kind of chaos that we're talking Yeah. Yeah. That's the thing that like will really kind of sober a lot of people about this law, so it's interesting. And going through it, there's a part that we skip over yet I'm making all the pirate jokes, but it does say to seize cartel property and persons on land or sea outside the US. Yeah. So, this is very interesting to see what happens in Mexico and Colombia and Venezuela and some of these other places where there's a hub. >> They will be subject to those jurisdictions, so let's be very clear. This is just the US saying, "Don't worry, we won't prosecute you." Until I hear Mexico or Venezuela or whoever say, "No, no, no, we're good." I will assume that we're going to have an international problem here. Now, back in the day of piracy, I imagine people were way more on board with this because you really couldn't police the seas. And so, the only way to do this was to finally say, "Listen, every ship now that's out in the sea might be coming for you, so you might want to rethink your piraty ways." At one point, the average life expectancy of a pirate was something like 3 years. Like, you were just toast. Once you became a pirate, that was game over. You were going to get killed. And this is one of the reasons that now piracy is only something that happens like off of third world countries because, bro, that that is just for so long it was just a one-way path to an early grave.