Trump does what he wants to do and just claims authority he does not have. Trump has done it again in declaring Fentanyl to be a weapon of mass destruction. This is nuts. Fentanyl is bad. A lot of our fellow citizens die from it. However, no one puts a gun to a person's head and makes them overdose. If there were no demand, there would be no supply. The victims of drug overdose are willing victims. Beyond that, to classify a dangerous drug as a weapon of mass destruction means words have no meaning and we have a king who can just make up the law as he goes along.
The following article explores this action of designating fentanyl a weapon of mass destruction. Andrew McCarthy quotes federal narcotics laws and the laws that deal with weapons of mass destruction. The law is clear. A weapon of mass destruction must be a weapon. Laws describe weapons and drugs. There is no ambiguity. I don't know that it does any good to point any of this out. Resanable people know it, and the committed Trumpinistas, don't care what the law says. They have no interest in the rule of law. To many, whatever Trump does is OK. They subscribe to a theory that the law is whatever the ruler says it is. If anyone is confused, however, and actually cares about the rule of law this article examines the issue.
Trump Has No Authority to Categorize Fentanyl as a Weapon of Mass Destruction
By Andrew C. McCarthy, National Review, Dec. 22, 2025- Common sense tells us that narcotic drugs are different from WMD. As one would expect, these differences are reflected in law.
Law school is a three-year grind. But 40 years later, while I couldn’t tell you a thing about, say, the “rule against perpetuities,” I did internalize the most valuable lesson, which came in the first three hours. It wasn’t a precedent or a statute, just a bit of folk wisdom you mightn’t think would need teaching. But it does, now more than ever.
It’s this: If you hang a sign that says “horse” on a cow, that doesn’t make it a horse.
Get it? If you do, then you’ll quickly grasp that a Latin American dope dealer is not an alien enemy combatant. The Defense Department, a creature of statute, does not become “the Department of War” by a presidential decree that sends Pete Hegseth to the front of the Pentagon with a plaque and a screwdriver. A foreign terrorist organization does not, by the abracadabra of “designation,” become an authorization for the use of military force — even if we generously assume that a drug gang is the same thing as a terrorist organization. Lindsey Halligan is not the United States attorney for the Eastern District of Virginia. Riots are neither patriotic nor mostly peaceful. The congressionally established John F. Kennedy Center for the Performing Arts is not, by dint of wand-waving by a crony committee, the Trump . . . anything.
And fentanyl is not a weapon of mass destruction, even if the “horse” sign in this instance happens to be an executive order. ... a president only gets to designate with Congress’s permission... Common sense tells us that narcotic drugs are saliently different from WMD. The former are controlled substances targeted to cause specific bodily effects in specific people, a generally salutary outcome when a drug is prescribed by a licensed physician, and a detrimental one when the drug is distributed illegally. WMD, in stark contrast, are objects designed to kill indiscriminately.
As one would expect, these differences are reflected in our law. ... Title 21 of the U.S. Code sets forth the federal narcotics laws .... Now, let’s turn to WMD. The term is defined in the federal penal code .... (link)
Top Stories