Norms Impact
Trump Orders US Military to Plan Invasion of Panama to Seize Canal: Report | Common Dreams
A U.S. president ordering invasion planning to “reclaim” a treaty-transferred waterway crosses a core democratic line: the military becomes an instrument of discretionary coercion, not lawful defense.
Mar 13, 2025
⚖ Legal Exposure
Sources
Summary
President Donald Trump directed the Pentagon to prepare plans to “take back” the Panama Canal, including potential use of U.S. military force, according to two U.S. officials cited by NBC News.
The reported order shifts a policy dispute into operational military planning tied to Panama’s cooperation, with U.S. Southern Command delivering draft strategies for review by Defense Secretary Pete Hegseth ahead of his planned trip to Panama.
If treated as a bargaining tool, the planning normalizes coercive statecraft against a smaller democracy and risks entangling our military in a discretionary war over an asset the United States previously transferred by treaty.
Reality Check
Threatening or preparing to use U.S. military force to seize the canal as leverage would set a precedent that power, not law, governs our foreign policy—and it inevitably boomerangs into how our leaders treat our own rights at home. On these facts, the conduct is not obviously chargeable as a standalone federal crime absent proof of a concrete conspiracy or corrupt exchange, but it is a severe abuse-of-office pattern that weaponizes national security authorities for a discretionary taking. If any coercive scheme were tied to personal or political benefit, federal bribery and honest-services theories (18 U.S.C. §§ 201, 1346) would come into play; even without that, this posture guts treaty fidelity and lowers the threshold for presidential war-making without a clear defensive necessity.
Legal Summary
The reported directive to plan for seizing the Panama Canal—potentially by invasion—creates serious investigative and oversight concerns, especially regarding lawful authority for any use of force. However, the article does not allege personal enrichment, payments, or an exchange of official action for a thing of value, so it lacks the structural quid-pro-quo pattern typical of prosecutable public-corruption cases. Exposure is therefore best assessed as a high-level irregularity/red-flag matter pending further facts.
Legal Analysis
<h3>18 U.S.C. § 953 (Logan Act) — Unauthorized diplomacy</h3><ul><li>Article describes presidential direction to the Pentagon and diplomatic/military pressure scenarios; it does not describe private citizens conducting unauthorized negotiations, so Logan Act exposure is not supported on these facts.</li></ul><h3>18 U.S.C. § 371 — Conspiracy to defraud the United States / impair lawful government functions</h3><ul><li>The reported conduct is executive-branch planning (SOUTHCOM drafting options; review by the Secretary of Defense) rather than a covert scheme by non-government actors to obstruct lawful functions.</li><li>No allegation of falsification, concealment, or unlawful means is stated; the core issue is the contemplated use of force and political pressure.</li></ul><h3>18 U.S.C. § 872 — Extortion by officers or employees of the United States</h3><ul><li>The article describes threats to "take back" the canal and planning that could include invasion depending on Panama’s cooperation, but it does not allege an officer sought to obtain "money or other thing of value" for personal benefit.</li><li>Absent allegations of personal enrichment or demanded property/benefit for an official, statutory extortion elements are not met on the stated facts.</li></ul><h3>War Powers Resolution (50 U.S.C. §§ 1541–1548) — Use of force / congressional reporting constraints</h3><ul><li>Planning for potential military action is reported; the article does not describe actual hostilities, introduction of forces, or failure to report/seek authorization, so prosecutable exposure cannot be concluded from planning alone.</li><li>Nonetheless, the stated willingness to use force to seize the canal raises a serious oversight and compliance risk if implemented without required statutory steps.</li></ul><h3>Structural corruption assessment (money–access–official act alignment)</h3><ul><li>The article mentions a $23B BlackRock-led purchase of ports and Trump’s public claim that this shows the U.S. has "already started" reclaiming the canal, but it does not allege a transfer of value to officials, bribery, kickbacks, or an agreement exchanging official action for private benefit.</li><li>Accordingly, the fact pattern reads as geopolitical/coercive policy pressure rather than a transactional corruption scheme.</li></ul><b>Conclusion:</b> The described conduct presents significant procedural/oversight and potential unlawful-use-of-force concerns if executed, but the article does not supply facts indicating a prosecutable money-for-official-action corruption scheme; exposure is best characterized as an investigative red flag rather than structural bribery corruption.
Detail
<p>Two U.S. officials familiar with the matter told NBC News that President Donald Trump directed the Pentagon to prepare plans to carry out his stated intent to “take back” the Panama Canal, including by military force if needed. The officials said U.S. Southern Command is developing options ranging from expanded cooperation with Panama’s military to a less likely scenario involving U.S. troops invading Panama and taking the canal by force. They said SOUTHCOM commander Adm. Alvin Holsey has presented draft strategies for review by U.S. Defense Secretary Pete Hegseth, who is scheduled to visit Panama next month.</p><p>The officials said the likelihood of a U.S. invasion would depend on the level of cooperation shown by the Panamanian military. Trump reiterated the objective in his joint address to Congress, saying his administration will be “reclaiming the Panama Canal,” without specifying what actions that entails. Trump has also refused to rule out military force to seize control of Greenland.</p><p>The context includes the Torrijos-Carter treaties, under which the United States transferred sovereignty to Panama while reserving a right to use force to defend the canal’s neutrality.</p>