Is Trump the Law and Order President?
- Kevin Schwarm

- Dec 4, 2025
- 4 min read
Is there something wrong with my reading glasses? I just read that Trump pardoned Juan Orlando Hernandez, the former Honduran leader. Last year, Hernandez was sentenced to 45 years in prison for drug trafficking and weapons charges. According to prosecutors, Mr. Hernandez was involved in an illegal organization that lasted many years and brought more than 1 million pounds of cocaine into the US. At the time, Manhattan’s top federal prosecutor had called the drug prosecution of an ex-president of Honduras a success.
Is Trump and the GOP in Congress still considered “law and order” by pardoning this individual? Are they concerned about the law, or do they only want to follow the law when it’s politically to their advantage?
Just a reminder, pardons are historically granted to avoid a miscarriage of justice. They are not designed to undermine justice after due process has been completed. Perhaps few in the Trump administration care about historical precedent.

Starting in September of this year, the Trump administration conducted its first airstrike against a boat allegedly smuggling drugs from Venezuela. The first strike was near Trinidad and killed 11 people, and Trump claims this was necessary to address narcotrafficking. Several more strikes have occurred since early September. Trump has said these military strikes off the coast of Venezuela are targeting drug trafficking, especially fentanyl. However, in September, after one attack, the Dominican Republic showed that cocaine had been recovered.
Most constitutional experts (outside the administration) and journalists have questioned the legality of the strikes.
Moving on to illegal drug smuggling, very little fentanyl is illegally brought into the United States via these boats. Fentanyl, a synthetic opioid, is trafficked by sea, and it didn’t come from Venezuela or Colombia. In addition, it’s been reported that Venezuela plays no role in the smuggling of fentanyl. It’s cocaine and marijuana, and yet Trump claims he’s addressing the fentanyl problem by destroying boats in international waters. I’ve talked to several individuals recently who regularly watch Fox News, who have said destroying these boats is addressing the fentanyl issue here -- said differently, they want Trump to continue to destroy these boats to help protect Americans. Indeed, they are proud of what the President is doing, although they may not realize that many of these bombings occurred in international waters, and some of these boat passengers may be innocent.
Early in his second term, Trump signed an executive order designating drug cartels as “foreign terrorist organizations” who “present an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States.” His response was declaring a national emergency to deal with these drug cartels. If I didn't know Trump better, I'd say his modus operandi is to have an unethical or controversial goal and tell his subordinates to find a legal loophole to achieve it.
As of today, the Trump administration has not provided proof that the vessels were involved in drug trafficking. Will that be forthcoming?
If the President is right, why not present evidence to support that claim? Why not go through the usual channels, which is to get Congress involved, to have the support of the Senate and House on this controversial situation? When Trump orders these bombings, what should be the response of the Legislative Branch? Should they not require bringing the Secretary of Defense into a hearing to get more specific information about the attacks? Isn’t it their job to declare war, which appears to have been usurped by the Trump administration? The New York Times suggested this week that the House or the Senate should start by creating a select committee to investigate any misuse of the president’s war powers. They can issue subpoenas, draw media attention, uncover facts, and propose reforms. Creating one requires no presidential signature.
If law and order, does that principle also apply to automatically killing boat passengers because they are suspected of smuggling drugs? Before the Trump administration engaged in this campaign, Navy warships or the Coast Guard would intercept the vessels at sea. They would proceed to inspect the suspicious boats. If illegal drugs are found, they would seize those and arrest and charge the smugglers. It appears the Trump administration cares little about precedent and will deploy the military to this controversial action, even if it is illegal. Their modus operandi is to break military norms, even if unlawful, to show a heavy-handed use of force under the guise of protecting Americans from drug trafficking.

Trump claims drug smuggling is an act of war and is considered terrorism and needs to be addressed swiftly and with a heavy hand. It’s not; the concept of supply and demand applies. The supply typically comes from South and Central America due to the demand for illegal drugs in the United States. Drug cartels are created to make money and not to terrorize Americans. Drug smuggling is merely trying to meet the demand, so if Trump is worried about drug usage in the States, he ought to sponsor anti-drug campaigns or address why there is so much demand for illegal drugs in his own backyard. However, proposing legislation in the US to address illicit drugs would require work on the part of Trump and his administration, something that appears he's unwilling to do. For him to order the destruction of these vessels regardless of what is happening is wrong and illegal.
Is Trump the Law and Order President?



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