Professor Glenn Reynolds Reviews the Case for Privateering Against Mexican Cartels
“Sail forth, privateers! Sharpen your cutlasses and load guns with grapeshot!”
There has been a recent proposal to organize privateers to fight Mexican cartels, as suggested by Senator Mike Lee, which revives the historical practice of issuing “Letters of Marque and Reprisal” to authorize private parties to target cartel assets.
“Privateering” is when a private ship or person attacks enemy ships under a commission from a government. Privateering was a common practice until the 19th century.
Professor Glenn Reynolds explores this proposal further in his fun New York Post article on the subject.
Sail forth, privateers! Sharpen your cutlasses and load guns with grapeshot!
Well, not exactly. Utah Sen. Mike Lee recently kicked off a conversation about the return of letters of marque and reprisal as a means of striking out against rogue states and non-state bad actors.
In an era of asymmetric warfare, a new breed of US privateers could allow America to fight its enemies where they lurk.
…In Lee’s vision, Congress would designate trained civilians or established security firms to disrupt targeted supply lines and seize valuable assets without burdening taxpayers or risking US military personnel.
Mexican drug cartels are his first suggested target. They have some boats and even ships hauling drugs into the United States, and sea-based operations could intercept them, just like the privateers of old.
Reynolds also review some of the likely challenges with this approach. As always, read the whole thing!
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Comments
If we do this Trump would literally be George Washington! The horror!!
Let’s do it.
Include Fentanyl precursors and also IP Theft.
Let the Privateers board a couple of cargo ships coming from China.
If one Container has precursors or items with IP Theft, they get the whole ship and ALL the cargo.
Not just the illegal items, EVERYTHING but Crew personal items.
It would take one successful capture and the problem is solved.
Of course, if US Customs inspected randomly, EVERY CONTAINER of a container ship and did the seizing, it would have the same effect.
Start with one ship in 500. If ANYTHING is found on HALF of those inspected, we go to one in 250. Continuing until we don’t find ANYTHING half the ships until we reach zero contraband. Then we take it back up a notch.
Note also that his piece also mentions something I’ve been pointing out for some time:
“We might even take a leaf from the privateers’ books and take a piratical approach in our courtrooms.
A statute called the False Claims Act allows “qui tam” lawsuits against individuals or institutions who make false statements in order to get government funds or contracts — with the reward being part of the contracts’ proceeds.
As universities do their best to thwart Trump’s rules ending DEI programs, they may open themselves to qui tam suits by swearing they have eliminated DEI when they haven’t.
That would unleash a power greater than all of Blackbeard’s pirates: America’s plaintiff’s lawyers. Universities have deep, deep pockets.”
Jo ho, me hearties, jo ho!
They should issue a letter to the Wagner Group. Imaging the heads exploding and cries of Russian collusion.
The cartels are awash in cash. Their biggest problem is laundering it and figuring out what to do with it.
A privateer crew hits the home of one of the cartel leaders, secures it and starts looting and pillaging.
Artworks, precious metals and gems, any cash on hand and then getting the bank account details as well as any crypto wallets. (That probably means squeezing their accountants and money managers)
Hitting one cartel leader could net the privateers billions with a 30% cut for Uncle Sam.
Then there is any intelligence they recover. That could allow follow up raids. Since the privateers ROE’s need to be rather loose, and that they aren’t there to make arrests, well, let them go 17th century on the Cartels.
I don’t understand the proposal. I thought that privateers back in the day shared in the booty—gold, silver, whatever. What do they get if they seize fentanyl?