Key Takeaways
- U.S. military boat strikes in South America have resulted in over 80 deaths across 21 operations.
- A September 2nd incident, where a second missile strike killed survivors, sparked bipartisan congressional concern.
- The administration's legal justification, classifying drug cartels as an armed conflict, faces significant challenge from critics.
- The process for legal advice within the military for these operations was closely held, limiting career military lawyer input.
- Office of Legal Counsel memos play a crucial role in shielding individuals from prosecution, raising questions about accountability.
Deep Dive
- U.S. military operations in South America have involved 21 boat strikes over three months, killing over 80 people.
- The September 2nd strike was the first, with reports of the boat turning around and a second missile potentially killing survivors.
- This specific incident prompted bipartisan congressional calls for accountability regarding the legality of these actions.
- Legal advice for military operations involved closely held deliberations, with limited input from career Judge Advocate General (JAG) officers.
- Secretary of Defense Pete Hegseth is noted for his past animosity toward military lawyers, having replaced top JAGs with politically appointed National Guard members.
- The Justice Department issued a memo classifying drug cartels as an armed conflict, making their cargo a lawful military target, a justification widely debated.
- The possibility of the killing of survivors being a war crime is raised, with definitive conclusions difficult due to unknown intentions.
- Service members face a dilemma between legal and illegal orders when the Commander-in-Chief's actions are backed by a Justice Department memo widely considered legally unsound.
- Lawmakers, including military intelligence veterans, questioned the legality of military orders, leading to investigations by the Trump administration.
- Congressional oversight of these military operations was minimal until recently, despite legal concerns surfacing in early September.
- Congress possesses the power to investigate these actions, potentially by calling witnesses like Secretary Hegseth and Admiral Bradley.
- They can also demand unedited video footage of operations and explore details like the type of missile used and its configuration.
- Prosecuting individuals for unlawful actions is difficult because the Justice Department has deemed the operations lawful; changing this stance could be a due process violation.
- Office of Legal Counsel (OLC) memos can shield individuals from prosecution, as seen post-9/11 with John Yoo's memos that protected actions like torture.
- The legality of the September 2nd second missile strike, which killed survivors, is questionable under the law of armed conflict, potentially prosecutable if there was intent to kill without preemptive pardon.
- Scrutiny of the September 2nd second missile strike, while valid, distracts from the broader issue of the U.S. military's potentially illegal operation involving 21 strikes and 83 deaths.
- If these operations are not deemed an armed conflict, these deaths could potentially be classified as murder.
- Defense Secretary Pete Hegseth stated he watched the September 2nd boat strike operation live but did not remain to view the second strike.