this post was submitted on 02 Dec 2025

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675

Entire Chain of Command Could Be Held Liable for Killing Boat Strike Survivors, Sources Say (theintercept.com)

submitted 14 hours ago by HellsBelle@sh.itjust.works to c/news@lemmy.world

85 comments fedilink hide all child comments

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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[–] Maggoty@lemmy.world 4 points 1 hour 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.

[–] Gammelfisch@lemmy.world 1 points 44 minutes ago

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

[–] BarneyPiccolo@lemmy.today 5 points 2 hours ago

Prince Joffrey

[–] apftwb@lemmy.world 2 points 1 hour ago

Does being convicted of a war crime or murder make you ineligible to be Secretary of Defense?

[–] yeather@lemmy.ca 5 points 2 hours ago

50/50 they pardon everyone or Trump uses this opportunity to forcefully retire more generals and get Hegseth out.

[–] tomi000@lemmy.world 10 points 3 hours ago

"held liable" means some bad press in 'radical left' media at this point, right?

[–] elfin8er@lemmy.world 5 points 3 hours ago

I could bite my finger off too. Doesn't mean shit.

[–] Darkness343@lemmy.world 5 points 4 hours ago

Uhm, it's secretary of war

[–] psycho_driver@lemmy.world 19 points 6 hours ago (2 children)

Could be, but won't. At least, not under this regime.

[–] UnderpantsWeevil@lemmy.world 6 points 6 hours ago* (last edited 6 hours ago)

Head of the U.S. Military’s Southern Command Is Stepping Down, Officials Say. Adm. Alvin Holsey is leaving less than a year into his tenure, and as the Pentagon escalates attacks against boats in the Caribbean Sea.

Maybe its ethics. Maybe some folks in the chain of command have the fear of God in them. Maybe there's just better pay in the private sector and now is as good a time as any to cash out. But I suspect stories like this are going to be increasingly common in the run up to the '26 election.

Future President Pete Buttigieg will have a cabinet full of people who drew the line at double-tapping a Venezuelan fisherman. And they'll be spearheading our next Great Ethical War with... idk, Argentina or South Africa or something.

[–] khepri@lemmy.world 2 points 4 hours ago (1 children)

we can hope for some high-profile resignations and maybe an outspoken admiral or something. And remember, it's only Trump's DOJ until it isn't anymore, and I think the statute of limitations on murder is more than 3 years...

[–] Cosmonauticus@lemmy.world 1 points 2 hours ago

Not a Trumper soadministration's? Implied but doesn't this fall under the same reasoning as all the indiscriminate drone bombing from the Bush and Obama administrations?

[–] Corkyskog@sh.itjust.works 104 points 10 hours ago (5 children)

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/

[–] Cricket@lemmy.zip 11 points 4 hours ago

Holy moly, all that's left to do is to add a picture of Hegseth and of the exploded boat to illustrate this paragraph. SMH.

[–] khepri@lemmy.world 10 points 4 hours ago

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

[–] mean_bean279@lemmy.world 3 points 4 hours ago (1 children)

Nooo, but trump and all his totally cool and not criminal bros said that the president cannot give an illegal order…

[–] khepri@lemmy.world 1 points 4 hours ago

No no, he limits himself to "Clearly illegal" orders, normal illegal is beneath him.

[–] neighbourbehaviour@lemmy.world 20 points 9 hours ago

Incredible

[–] lando55@lemmy.zip 12 points 10 hours ago

Today I learned the word tragicomical

[–] RememberTheApollo_@lemmy.world 7 points 6 hours ago

See that’s why they make everyone pull the trigger when they commit murder. Now they’re all complicit, and they have to work for trump and keep him in power. Because if someone with a spine that actually follows the law and constitution gets into office they will face court-martial.

But we all know that they’ll just get raked over the coals by some committee and told to retire, if that, should a dem take office.

[–] Tronn4@lemmy.world 5 points 6 hours ago

Pardons all around -orange turd

[–] Endymion_Mallorn@kbin.melroy.org 65 points 11 hours ago (6 children)

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?

[–] RipLemmDotEE@lemmy.today 14 points 9 hours ago (1 children)

UCMJ is its own system enforced by the military with its own courts. Hegeseth will probably avoid any repercussions, but holding the chain of command responsible for state sponsored murder will send a clear message about obeying illegal orders.

[–] GlitchyDigiBun@lemmy.world 12 points 8 hours ago

And not doing so sends a different, no less clear, message...

[–] UnspecificGravity 19 points 10 hours ago (1 children)

I guess some of these people expect to still be around in a couple years when there is a new administration that might feel like it's a good idea to prosecute people for crimes they committed for trump.

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[–] pleasejustdie@lemmy.world 12 points 8 hours ago* (last edited 8 hours ago)

I worked at Fort Lewis in the RCF (Regional Correctional Facility, aka prison) and we had an Army soldier who got 3 years for 1st degree murder because he mercy killed a combatant after they got covered in white phosphorous. Literally everyone was like "how the fuck do you only get 3 years for first degree murder?" and then when they read his court documents were like "what the fuck, you got screwed and obviously everyone knew it..." They legally determined that at the moment they were no longer fighting back they became non-combatants and to kill a non-combatant instead of rendering aid is murder. Since the judge and jury agreed that it did violate the law, but hoped that if they were ever in that combatant's shoes, they would want someone to do to them what this soldier did, so yeah, guilty, but sentenced to the bare minimum allowed.

I know for 100% fact there is precedent already. But that is rules for thee, not for them, so I highly doubt we'll see anything happen. I'm sure they'll claim they need immunity because they were operating under special rules of engagement or some bullshit, and it will take years and lots of lawyers and in the end it'll drag on until its forgotten about and gets quietly dismissed somewhere.

[–] PattyMcB@lemmy.world 7 points 7 hours ago

Including the commander in chief

[–] falseWhite@lemmy.world 145 points 14 hours ago (23 children)

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

[–] WizardofFrobozz@lemmy.ca 3 points 2 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

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[–] captainlezbian@lemmy.world 28 points 11 hours ago

Must not could

[–] MisterOwl@lemmy.world 17 points 11 hours ago

Could.

But won't.

[–] blargle@sh.itjust.works 12 points 10 hours ago

Could is not news. Ever.

[–] Wilco@lemmy.zip 18 points 11 hours ago

He is a murderer... all of them are.

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