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SECRETARY OF DEFENSE Pete Hegseth is under increasing fire for a double-tap strike, first reported by The Intercept in early September, in which the U.S. military killed two survivors of the Trump administration’s initial boat strike in the Caribbean on September 2.

The Washington Post recently reported that Hegseth personally ordered the follow-up attack, giving a spoken order “to kill everybody.” Multiple military legal experts, lawmakers, and now confidential sources within the government who spoke with The Intercept say Hegseth’s actions could result in the entire chain of command being investigated for a war crime or outright murder.

“Those directly involved in the strike could be charged with murder under the UCMJ or federal law,” said Todd Huntley, a former Staff Judge Advocate who served as a legal adviser on Joint Special Operations task forces conducting drone strikes in Afghanistan and elsewhere, using shorthand for the Uniform Code of Military Justice. “This is about as clear of a case being patently illegal that subordinates would probably not be able to successfully use a following-orders defense.”

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[-] leftzero@lemmy.dbzer0.com 2 points 3 hours ago* (last edited 3 hours ago)

Could Be Held Liable

*Should

[-] NimdaQA@lemmy.ml 3 points 3 hours ago* (last edited 1 hour ago)

I found this analysis from former US military lawyers: Link

TLDR: Anyone who issued or followed these orders can and should be prosecuted for war crimes.

Pete Hegseth questioned if the US should follow the Geneva Conventions in a book he wrote in 2024 (yikes!): Link

That is damning.

[-] flop_leash_973@lemmy.world 7 points 5 hours ago

If anyone is held accountable, it will be the person that ultimately pressed the buttons and/or their direct superior.

[-] dejected_warp_core@lemmy.world 9 points 6 hours ago

Ooh, I did not consider the possibility of a military court case on this. That could be a game-changer.

[-] smeenz@lemmy.nz 3 points 3 hours ago

I doubt it. Kegsbreath will just fire everyone involved in the investigation

[-] echodot@feddit.uk 13 points 9 hours ago

What absolute moron would obey that order?

I could see how maybe you could believe there was justification for the initial strike but there can be no justification for killing people who are now defenceless. Although why not just board the vessel and take everyone into custody, why instantly resort to deadly force, did they have information that the people on the boat were heavily armed or otherwise able to threaten a US naval vessel?

[-] notgivingmynametoamachine@lemmy.world 13 points 6 hours ago* (last edited 6 hours ago)

I won’t claim to have researched it myself, but I’ve seen about a dozen different people quote the section of military law that talks about illegal orders that are so blatant you don’t need to check or think, they’re illegal, and the example they use is “firing upon the shipwrecked”.

As in, the order to fire upon the shipwrecked should be immediately known to every Navy personnel as blatantly illegal as a precondition of their service.

If you’re performing the example for an illegal order, you’re executing illegal orders.

Edit: and I’m realizing now I responded to the wrong person.

[-] warbond@lemmy.world 3 points 7 hours ago

In my mind the rules are clear on that: to use deadly force there must be an imminent threat of death or serious bodily harm. Potential future harms can't even begin to be accounted for, so the standard has to be judged with those immediate circumstances in mind.

Even in that situation there are means to deter a threat or determine a person's intent prior to employing any sort of lethal force. There's nothing justifiable about this.

[-] Formfiller@lemmy.world 10 points 10 hours ago

These idiots will never face consequences until the citizens get angry enough to start guillotine trials

[-] phutatorius@lemmy.zip 3 points 7 hours ago

Yeah, if any significant pushback ever happens, it's not going to be 14 years of court cases and bullshit appeals. It's going to be citizens' justice.

I'm not advocating it. I'm just saying that's how it could play out.

[-] SlartyBartFast@sh.itjust.works 22 points 12 hours ago

Could be, should be, won't be

[-] Bluewing@lemmy.world 7 points 12 hours ago

Oh don't worry, those down the chain will be prosecuted. Just not Hegseth.

[-] echodot@feddit.uk 1 points 9 hours ago

Although that's not totally inappropriate (although ideally he would be prosecuted too but for so many things not just this) because it's also their responsibility to disobey illegal orders.

[-] uncouple9831@lemmy.zip 2 points 8 hours ago

Theyd have to walk back their tantrum about veterans saying illegal orders are illegal

[-] TASchwitters@lemmings.world 4 points 10 hours ago
[-] hayvan@feddit.nl 4 points 9 hours ago

More like "should but won't"

[-] sturmblast@lemmy.world 10 points 12 hours ago

And they should be, MAGA is a terrorist organization

[-] demizerone@lemmy.world 21 points 20 hours ago

Y'all mother fuckers ebeying in advance. These assholes will be held accountable. Call your representatives! Don't assume their power is so great because it's not!

[-] phutatorius@lemmy.zip 2 points 7 hours ago

Don't "y'all" me, we ain't kin and you don't know me.

And what I do on Ebay is my own business, Bubba.

[-] SirEDCaLot@lemmy.today 2 points 8 hours ago

Except the Democrats have basically just announced they are going to do nothing because their efforts wouldn't go anywhere. So better off not trying.

[-] Formfiller@lemmy.world 4 points 10 hours ago

Our representatives are literally owned by Israel and Israel loves this administration so I doubt we’ll get anything except a congressional hearing where they get a pool noodle beating for an hour or two. Why isn’t Trump in prison? That was a slam dunk case

[-] UltraMagnus@startrek.website 3 points 10 hours ago

You are absolutely right. And even if they only end up charging some random lieutenant at the bottom of the chain, it will send a message to the rest of the troops that they will not be protected from the consequences of their actions.

[-] obamakitten@lemmy.ml 14 points 19 hours ago

Yeah I hear Obama is going to be arrested for drone striking Yemeni civilians too #TrustThePlan #StayTuned #AreYouEnjoyingTheShow

[-] Bubbaonthebeach@lemmy.ca 13 points 20 hours ago

Which means, as the law is being followed in the US right now, only the plebs at the bottom might be held responsible.

[-] bold_atlas@lemmy.world 24 points 23 hours ago* (last edited 23 hours ago)

Just like the Jan 6 hearings, they will drag it out for political points, but have no intention to seek actual charges, institutional change, military reform or anything.

It will just be: "Look at all the evil shit they did! Don't you wish something could be done! Oh well. Also Maduro bad m'kay, drugs bad m'kay, Hamas bad m'kay, we love troops m'kay. Hearing adjourned!"

[-] Maggoty@lemmy.world 18 points 1 day ago

That would require the administration's own people to bring those charges.

And I can already tell you the words you're going to hear if this makes it to court. "Unlawful Combatant", a designation we created so we could ignore the rules of war while fighting in Afghanistan and Iraq. Trump declared the Venezuelan drug cartels to be terrorists. Now they're treating them like we treated the Taliban in Afghanistan.

These guys are literally just waiting for the next outrageous thing to push this one out of the news cycle.

And yeah, we've been doing airstrikes like this for 20 years.

[-] Corkyskog@sh.itjust.works 142 points 1 day ago

This is actually the example they use of an illegal order in the DOD manual.

Page 1117 18.3.2.1 https://www.documentcloud.org/documents/23892053-dod-law-of-war-manual-june-2015-updated-july-2023/

[-] khepri@lemmy.world 18 points 1 day ago

This should be top of the thread everywhere this story is mentioned, forever.

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[-] electric_nan@lemmy.ml 22 points 1 day ago

Spoiler: they won't.

[-] falseWhite@lemmy.world 200 points 1 day ago

100% nothing will happen, or they will just get pardoned. USA is done. Kaput. All hail Nazi USA.

[-] WizardofFrobozz@lemmy.ca 12 points 1 day ago* (last edited 23 hours ago)

It’s fucking comical how many Americans seem to think that the collapse of their entire legal system is just a blip and there’s a “normal” to go back to.

It’s a bit like going to see a magician- if you catch a glimpse of how the trick is done, the spell is broken. There’s no going back. Everyone is now fully aware that accountability only exists because of shared suspension of disbelief that it might not. A new administration doesn’t fix this. Your constitution and legislation has been fully exposed as lacking enforcement measures. There isn’t any coming back from that, regardless of who’s in the big chair.

[-] bold_atlas@lemmy.world 12 points 21 hours ago* (last edited 21 hours ago)

It's already been collapsed for years though. Normal people don't even get trials anymore. We get outrageously high bail amounts and plea-bargains (forced confessions, that's what they are) so we will spend 2 years in prison instead of 5 awaiting trial.

Want to prove your innocence even if it means spending years in pretrial jail? Guess what? They'll end up dismissing the charges a week before your trial starts because they don't think they'll get a conviction. You're not officially acquitted so the prosecutor's success rate stays high AND you still were imprisoned for years so it's a win-win for them.

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[-] Gammelfisch@lemmy.world 9 points 1 day ago

Those asshats will manage to walk. The ICC should step in so they can only travel between the USA and fucking Russia.

Held liable by whom? The President who absolutely would say he agreed with it? The legislature that will talk a good game but fold before doing anything important? The courts who are owned by the parties? Or the police who want this to be SOP, and wouldn't enforce any orders for arrest?

[-] merc@sh.itjust.works 6 points 22 hours ago

Nobody thinks it could happen while the US congress is dominated by Republicans, Trump is the president, and the Supreme Court is 6-3 GOP.

But, if the Democrats win big enough in the 2026 midterm elections to overcome all the dirty tricks that the Nazis are going to use to try to stay in power, then maybe in 2027 there's a chance they could start holding Trump to account. But, Trump would still have executive authority and unless he were impeached and this time they actually had the votes to remove him from office, they still couldn't get his Justice Department to investigate his War Department. Even if they did impeach him and remove him from office, he's just be replaced by Vance who is part of this whole signal chat.

So, at a minimum it would probably be 2029 before anything could happen, and would require that the Democrats got a congressional majority in 2026, and held or improved it in 2028 while also taking the presidency. And even then, the Supreme Court would still be 9-3 GOP unless some of the GOP members quit or died. So, it would probably require something radical like expanding the court to get any attempted convictions of higher-up GOP members past that court.

And, that's even assuming that the democrats grew a backbone. If they did, they couldn't do anything to Trump because the Supreme Court already decided the president is immune from anything up to, and including ordering Delta Force to kill the Democratic presidential hopeful. They could maybe go after Hegseth and down, but realistically would they? How many times have the Democrats had a chance to nail Trump, and instead decided that in the interest of national unity to let his crimes slide.

Then there's the International Criminal Court. They might risk indicting Hegseth or even Trump for war crimes. However, the US passed the Hague Invasion Act, effectively saying that if any American were ever put on trial for war crimes, the US would invade The Hague. That might deter them from even trying. Under Trump, they've already made life hell for a prosecutor who was going after someone who was merely a US ally. If a Democratic president were in office and a Democratic congress were in charge, they probably wouldn't actually invade, but they still might just ignore any ICC ruling. The US has made it abundantly clear that they're the world's only superpower and that international law doesn't actually apply to the US. And if anybody disagrees, they're welcome to take on the US military.

[-] higgsboson@piefed.social 3 points 12 hours ago

No. Stop doing that.

There is no Department of War. The Dept. of Defense is named in law and would have to be renamed by Congress. Renaming it without Congress is unlawful and using any taxpayer money for it is likely illegal.

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this post was submitted on 02 Dec 2025
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