America is now consumed by allegations that US forces attacked a suspected drug smuggling ship in the Caribbean in early September – and then struck again to kill any survivors. Some in the media, led by the WashingtonPostsuggest that Secretary of War Pete Hegseth ordered a “kill everyone” mission and that the Trump administration may have committed a war crime.
If true, such an act would violate the law of armed conflict – specifically the prohibition on targeting individuals who are out of combat (out of battle). But so far there is nothing close to definitive proof. We are dealing with conflicting anonymous sources, changing narratives and intense political motivations.
And from where I sit—as someone who has conducted formal investigations for senior Pentagon leaders, spent a quarter century in uniform and as a contractor on the Army Staff, and attended countless high-level operational briefings—the story being told in some corners of the press does not pass the basic plausibility test.
HEGSETH BREAKS OUT OVER WAPO ‘FALSE STORIES’, PROMISES TO STOP ‘POISONING OF THE AMERICAN PEOPLE’
Accusations versus facts: the media’s conflicting narratives
The Washington Post claims that two unnamed officials told them that Hegseth gave a verbal order to kill “everyone” aboard the ship on September 2, and later ordered a follow-up attack once the survivors were spotted.
The Washington Post claims that two unnamed officials told them that Secretary of War Pete Hegseth issued a verbal order on September 2 to “kill everyone” aboard a drug-smuggling ship in the Caribbean, and later ordered a follow-up attack once survivors were spotted. (Kevin Carter/Getty Images)
The Post’s headline read: “Hegseth’s Order on First Caribbean Boat Attack, Officials Say: Kill Them All.”
But The New York TimesThe reporting directly contradicts this. According to five officials cited in a separate investigation, Hegseth did not order the killing of survivors, gave no instructions on what to do if the initial attack failed and did not order a follow-up attack after drone footage showed survivors.
HEGSETH SUPPORTS SPECIAL OPS CHIEF’S ‘COMBAT DECISIONS’ IN DEADLY STRIKE IN CARIBBEAN PRIOR TO CLASSIFIED BRIEFING
These are not minor deviations. They represent two completely different realities:
One claims there is a deliberate war crime, directed from Washington.
The other describes a lawful maritime interdiction mission with a secondary attack approved by the operational commander.
Secretary of War Pete Hegseth defended the Trump administration’s attacks on suspected drug ships in the Caribbean Sea. (Omar Havana/Getty Images)
At this point we don’t have enough evidence to support the former – only political pressure to believe the worst.
Why I’m Skeptical: Pentagon Reality vs. Media Fantasy
I served in the Pentagon for 25 years, including investigative roles for some of the top military leaders. I have participated in sensitive assessments, intelligence briefings, and decision-making sessions with four-star generals, service secretaries, and defense officials.
GOP BREAKS OVER HEGSETH’S ‘DOUBLE TAP’ CARIBBEAN STRIKE AS CONGRESS INVESTIGATES LEGALITY
Let me make it clear: I have never – not once – heard a senior Pentagon leader issue an order that even remotely resembles what some media outlets are claiming. Not in wartime. Not in crisis. Not behind closed doors. Never.
The reason is simple. Every senior military and civilian leader knows:
Orders must be legal.
Every action is reviewable by lawyers.
Targeting decisions are subject to strict scrutiny.
More importantly, the sensitive meetings where life-and-death decisions are made — especially those involving the Secretary of War — are held in the Tank, a high-security meeting room in the Pentagon’s Joint Chiefs of Staff room. It is located deep in a restricted area of the building, inaccessible even to most military personnel, let alone journalists.
MARK KELLY PRESSED IF HE WOULD REFUSE ORDERS IF HE WAS STILL IN UNIFORM
The idea that reporters have accurate second-by-second accounts of alleged verbal assassination orders issued from the Tank and relayed months later through anonymous political sources should give pause to any serious observer. This is not how the Pentagon works. That’s how political stories work.
War crime talk is not a mistake – it is politics
Sen. Mark Kelly, D-Ariz., is now publicly suggesting that the reported follow-up attack could be a war crime. Asked whether the alleged second attack on survivors “constitutes a war crime,” Kelly said:It seems that” according to Colorado politics.
Kelly has the right to demand answers; oversight is Congress’s job. But stirring up war crimes before the facts have been established is irresponsible and politically inflammatory. There is a risk that American soldiers will be portrayed as executioners before the investigation has even begun.
And it ignores the broader legal and operational context: The president has the inherent authority under Article II to defend the United States — including by banning ships carrying deadly contraband such as fentanyl, which kills tens of thousands of Americans every year.
JOHNSON POINTS OBAMA-era DRONE PRECEDENT AS CONGRESS INVESTIGATES DEADLY STRIKE IN CARIBBEAN
The government argues that these drug trafficking vessels are not innocent fishing vessels; they are tools of transnational criminal networks and terrorists responsible for mass deaths in the United States. That is no excuse for unlawful conduct. But it does explain the operational mentality: stop the threat before it reaches American shores.
The danger of turning every attack into a war crime accusation
If we continue on this path—where every high-risk ban is treated as a potential atrocity, every gray zone strike becomes a political scandal, and every anonymous source becomes gospel—we will cripple America’s ability to act decisively.
HEGSETH DEFENDS DEADLY ATTACKS AGAINST ALLEGED DRUG TRAFFICKER: ‘BIDEN TRUSTED TERRORISTS, WE KILL THEM’
Commanders will hesitate. Lawyers will push operators aside. Enemies will exploit our paralysis. And service members will wonder whether defending the nation will one day put them at the center of a politicized media firestorm.
Supervision is essential. Reckless accusations are not.
SPEC OPS CHIEF ORDERS DEADLY STRIKE IN THE CARIBBEAN ‘IN SELF-DEFENSE’ USING HEGSETH’S DRAWING, WHITE HOUSE SAYS
What America needs now: facts, not anger
Before any judgment is made, Congress and the Pentagon must:
*Release full, unredacted ISR footage of the strike.
CLICK HERE FOR MORE FOX NEWS ADVICE
*Publish the rules of engagement effective September 2.
*Identify who authorized the second attack.
*Conduct a standard, apolitical investigation within the military chain of command.
Until then, we must resist the urge to believe the most sensational version of events.
CLICK HERE TO DOWNLOAD THE FOX NEWS APP
As someone who spent decades in the top decision-making chambers of the Pentagon, I can tell you that the media’s caricature of a secretary shouting out unlawful assassination orders simply does not reflect reality. It reflects politics.
And politicizing war crimes allegations is not only unfair – it is dangerous.
CLICK HERE TO ROBERT MAGINNIS
