Key Takeaways
- A U.S. military operation targeting suspected drug trafficking vessels has drawn scrutiny over alleged unlawful lethal force.
- Guest Andrew McCarthy and other legal experts challenge the administration's legal basis for using military force against drug traffickers.
- Defense Secretary Pete Hegseth is reportedly alleged to have issued a 'kill everybody' directive, denied by him, concerning survivors of an initial strike.
- The White House has shown concern regarding the legal authority for the President to deploy military force in such operations.
- The debate highlights the constitutional allocation of war powers between Congress and the President, especially concerning non-state actors.
Deep Dive
- A poll indicated 86.2% of respondents opposed the U.S. using lethal force against drug trafficking vessels.
- Defense Secretary Pete Hegseth faced controversy over a Washington Post report alleging an order for a second strike on a drug boat, which Hegseth denies.
- Guest Andrew McCarthy questions the administration's legal basis, arguing designating cartels as foreign terrorist organizations does not authorize military force.
- McCarthy states that laws of war do not apply to drug trafficking, questioning the entire premise of the military operation.
- Andrew McCarthy explained the administration's theory equates drug trafficking with a terrorist attack or military strike to apply the law of armed conflict.
- McCarthy clarified that even in a legitimate conflict, lethal force cannot be used against those unable to fight, such as shipwrecked or wounded individuals.
- The discussion covered the legality of a 'first strike' if Congress authorized military force and vessels were assessed as enemy, potentially involving 'lethal kinetic strikes.'
- Andrew McCarthy's essay detailed an operation led by SEAL Team 6 where Admiral Bradley allegedly ordered an attack on survivors.
- The essay claims the order was given to comply with a directive to kill the boat's operators.
- The host questioned McCarthy about a potential second video of the incident, which McCarthy hoped existed for intelligence purposes.
- The host noted the President's initial statement of ignorance about the incident, contrasting it with Hegseth's denial, and the President's later distancing from the order.
- McCarthy suggested the President is distancing himself from attacking unarmed individuals, as such an action could be considered a war crime.
- McCarthy asserted that the Constitution grants Congress war powers, and presidents can use force without authorization only in cases of actual military threats to the U.S.
- The host highlighted the administration's seeking international cooperation for drug interdiction but not Congressional authorization for force.
- A Washington Post report detailed a September 2 U.S. military strike on a suspected drug trafficking boat off Trinidad and Tobago, resulting in 11 deaths.
- Defense Secretary Pete Hegseth reportedly issued a directive to 'kill everybody' during the operation.
- After the initial strike, a second strike was initiated against two survivors clinging to the burning vessel, in alleged compliance with Hegseth's order.
- U.S. officials and law of war experts contend the Pentagon's lethal campaign, which has resulted in over 80 deaths, is unlawful as individuals posed no imminent threat.