The Daily Populous Tuesday December 2nd, 2025 evening edition
Authored by theintercept.com and submitted by Ok-Celebration-1702

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.”

The military has carried out 21 known attacks, destroying 22 boats in the Caribbean Sea and eastern Pacific Ocean since September, killing at least 83 civilians. Since the attacks began, experts in the laws of war and members of Congress, from both parties, say the strikes are illegal extrajudicial killings because the military is not permitted to deliberately target civilians — even suspected criminals — who do not pose an imminent threat of violence. The summary executions are a significant departure from standard practice in the long-running U.S. war on drugs, in which law enforcement agencies arrested suspected drug smugglers. The double-tap strike on September 2 added a second layer of illegality to strikes that experts and lawmakers say are already tantamount to murder.

The Pentagon’s Law of War Manual is clear on attacking defenseless people. “Persons who have been rendered unconscious or otherwise incapacitated by wounds, sickness, or shipwreck, such that they are no longer capable of fighting, are hors de combat,” reads the guide using the French term for those out of combat. “Persons who have been incapacitated by wounds, sickness, or shipwreck are in a helpless state, and it would be dishonorable and inhumane to make them the object of attack.”

This fundamental tenet stretches back to the 1863 “Lieber Code,” the first modern codification of the laws of war, promulgated by President Abraham Lincoln, which held that anyone who “intentionally inflicts additional wounds on an enemy already wholly disabled, or kills such an enemy, or who orders or encourages soldiers to do so, shall suffer death, if duly convicted.”

Over the weekend, lawmakers expressed rare bipartisan agreement about the illegality of killing survivors. “Obviously if that occurred, that would be very serious, and I agree that that would be an illegal act,” Rep. Mike Turner, R-Ohio, and a former chair of the House Intelligence Committee, said on CBS’s “Face the Nation” on Sunday. Sen. Tim Kaine, D-Va., a member of the Armed Services Committee, said on CBS that if the Post’s reporting was accurate, the attack “rises to the level of a war crime.”

The Trump administration insists the attacks are defensible because it has deemed the targets — alleged drug-traffickers — to be terrorists. On Sunday, as questions mounted about the order to kill all survivors of the initial boat strike, President Donald Trump said Hegseth told him that “he did not say that, and I believe him, 100 percent.”

“As usual, the fake news is delivering more fabricated, inflammatory, and derogatory reporting to discredit our incredible warriors fighting to protect the homeland,” Hegseth wrote on X.

White House press secretary Karoline Leavitt appeared to confirm on Monday that Hegseth authorized the double-tap attack. “On September 2, Secretary Hegseth authorized Admiral Bradley to conduct these kinetic strikes,” she said, referring to Adm. Frank Bradley, then the commander of Joint Special Operations Command and now head of Special Operations Command.

Top Republicans and Democrats on the two congressional committees overseeing the Pentagon vowed over the weekend to increase their scrutiny of the attacks. “This committee is committed to providing rigorous oversight of the Department of Defense’s military operations in the Caribbean,” House Armed Services Committee Chair Mike Rogers, R-Ala., and Ranking Member Adam Smith, D-Wash., said in a joint statement. “We take seriously the reports of follow-on strikes on boats alleged to be ferrying narcotics in the SOUTHCOM region and are taking bipartisan action to gather a full accounting of the operation in question.” Staffers on Capitol Hill told The Intercept that they have started gathering information toward that end.

Sarah Harrison, who advised Pentagon policymakers on issues related to human rights and the law of war in her former role as associate general counsel at the Pentagon’s Office of General Counsel, International Affairs, said each strike creates potential legal liability for the entire chain of command involved in the attacks. “While the September 2 strike seems uniquely depraved, every single strike taken against these boats by DoD is a summary execution of criminal suspects, people who even if tried in court would never get the death penalty,” she told The Intercept. “Every single strike exposes those in the chain of command to the risk of criminal liability under murder statutes and international law prohibiting extrajudicial killings.”

“Every single strike exposes those in the chain of command to the risk of criminal liability under murder statutes and international law prohibiting extrajudicial killings.”

A government source who has been briefed on the September 2 strike told The Intercept, on the condition of anonymity, that Hegseth is “making murderers” up and down the chain of command.

The administration insists the attacks are permitted because the U.S. is engaged in “non-international armed conflict” with “designated terrorist organizations. Trump has justified the attacks, in a War Powers report to Congress, under his Article II constitutional authority as commander in chief of the U.S. military and claimed to be acting pursuant to the United States’ inherent right of self-defense as a matter of international law. The Justice Department’s Office of Legal Counsel has also produced a classified opinion that provides legal cover for the lethal strikes.

The Former JAGs Working Group — an organization made up of former and retired military judge advocates founded in February — issued a statement condemning Hegseth’s reported kill-everybody order and its execution by subordinates as “war crimes, murder, or both.”

“If the U.S. military operation to interdict and destroy suspected narco-trafficking vessels is a ‘non-international armed conflict,’ as the Trump Administration suggests, orders to ‘kill everybody,’ which can reasonably be regarded as an order to give ‘no quarter,’ and to ‘double-tap’ a target in order to kill survivors, are clearly illegal under international law,” according to the former JAGs. If the attacks are taking place outside of an armed conflict, which most experts contend is the case, the JAGs say that such orders “to kill helpless civilians clinging to the wreckage of a vessel our military destroyed would subject everyone from SECDEF down to the individual who pulled the trigger to prosecution under U.S. law for murder.”

After the September 2 strike, a high-ranking Pentagon official who spoke to The Intercept on the condition of anonymity said that it was a criminal attack on civilians and that the Trump administration paved the way for it by firing the top legal authorities of the Army and the Air Force earlier this year.

In addition to the firings, Hegseth commissioned his personal lawyer, Timothy Parlatore, as a Navy JAG and empowered him to help overhaul the JAG corps, reportedly pursuing changes that would encourage lawyers to approve more aggressive tactics and take a more lenient approach to those who violate the law of war. The Former JAGs Working Group said that if not for the “systematic dismantling of the military’s legal guardrails,” they were confident that safeguards “would have prevented these crimes.”

In response to reporting that he ordered the U.S. military to kill survivors, Hegseth explained in a post on X that the intent of the mission was to kill. “As we’ve said from the beginning, and in every statement, these highly effective strikes are specifically intended to be ‘lethal, kinetic strikes.’”

Later Monday, Hegseth suggested in a post on his personal X account that he wasn’t responsible decisions surrounding the Sept. 2 strike. “Admiral Mitch Bradley is an American hero, a true professional, and has my 100% support. I stand by him and the combat decisions he has made — on the September 2 mission and all others since.”

Pentagon press secretary Kingsley Wilson failed to respond to detailed questions about the attacks, Hegseth’s orders, and the assessments of the Former JAGs Working Group.

The government official who said Hegseth’s orders were turning military personnel into “murderers” scoffed at the secretary’s defense that he was allowed to offer no quarter because the strikes were intended to be lethal. “That’s not how that works,” the official said.

“Seems like a confession,” said Huntley. “It certainly isn’t a denial.”

Bishopjones2112 on December 2nd, 2025 at 12:05 UTC »

This is why there was a reminder that you are not required to follow illegal orders. This should never have happened and everyone in the line of this event is guilty.

invalidpassword on December 2nd, 2025 at 11:47 UTC »

Regardless, the buck stops with Trump and then Hegseth. Both of these men have publicly claimed they are kill happy whether it's warranted or not. This is not legal in any sense of the word. Two men holding objects to keep them afloat are not a threat to anyone. It makes me wonder how much money the second strike cost for the death of these two people.

The_Glum_Reaper on December 2nd, 2025 at 11:42 UTC »

All it takes for evil to triumph, is for good people to do nothing.

Edmund Burke, others