In a blistering rebuke that has ignited bipartisan fury on Capitol Hill, Democratic Rep. Ted Lieu, a former Air Force JAG officer, declared on December 2, 2025, that the U.S. military’s lethal follow-up strike on a suspected drug boat in the Caribbean Sea constitutes a war crime, directly calling out Defense Secretary Pete Hegseth for authorizing actions that allegedly targeted defenseless survivors. “Killing shipwrecked survivors is a war crime,” Lieu stated unequivocally during a press gaggle in the Capitol, emphasizing there is “no statute of limitations” for such violations. The comments come amid intensifying scrutiny of the September 2 incident, the first in a Trump administration campaign of airstrikes against suspected narco-trafficking vessels, which has now claimed over 80 lives and drawn probes from both House and Senate Armed Services Committees. As details emerge of Hegseth’s reported verbal directive—”kill everybody”—lawmakers across the aisle are demanding accountability, with even Republican figures questioning whether the operation crossed into illegal territory.
The controversy centers on a high-stakes counter-narcotics raid in international waters off Venezuela, where U.S. surveillance identified a vessel believed to be smuggling fentanyl precursors. According to a bombshell Washington Post report, the initial strike by SEAL Team 6—authorized by Hegseth—destroyed the boat and killed nine occupants, but left two survivors clinging to the wreckage. Adm. Frank M. Bradley, overseeing from Fort Bragg, then ordered a second missile strike that eliminated the survivors, fulfilling what sources described as Hegseth’s explicit command to ensure “no survivors.” Hegseth, speaking at a White House Cabinet meeting on December 2, defended the operation by invoking “the fog of war,” claiming he “didn’t personally see survivors” amid the fire and smoke, and insisting the strikes were “lawful under both U.S. and international law.” However, he did not deny the directive, prompting Lieu’s swift condemnation: “If the Trump administration does not hold the people accountable, I guarantee a future administration will.”
Lieu, who served 25 years in the Air Force Reserve as a JAG, framed the incident as a clear breach of the Geneva Conventions, which prohibit attacks on shipwrecked individuals. “Nothing in military law authorizes a second kinetic strike against defenseless survivors,” he said, referencing a DOJ memo exempting Caribbean operations from certain prosecutions but noting it doesn’t cover “war crimes.” The California Democrat’s words echoed across the aisle: Sen. Roger Wicker (R-Miss.), Armed Services Committee chairman, and Sen. Jack Reed (D-R.I.), ranking member, announced “vigorous oversight” to determine the facts. Even Rep. Don Bacon (R-Neb.), a veteran, expressed doubt: “I don’t think he would be foolish enough to make this decision… that’s a clear violation of the law of war.” The strikes, part of Trump’s aggressive “war on drugs” bypassing traditional interdiction, have now killed over 80 people in 20+ operations, raising broader legal concerns under the law of armed conflict.
Hegseth’s past remarks have only fueled the fire. In a resurfaced 2016 interview, the Fox News alum and Iraq War veteran emphasized the military ethos: “There’s a standard… consequences for abject war crimes.” Critics, including Lieu, are now demanding Hegseth reconcile those words with the reported order. “Hegseth allegedly said, ‘Kill them all,’” Lieu tweeted, adding, “If true, that’s a war crime.” The Pentagon’s chief spokesperson, Sean Parnell, declined comment beyond Hegseth’s X post branding the Post story “fabricated,” but sources confirm the second strike was executed to “fulfill Hegseth’s directive.”
The White House has circled wagons, with Press Secretary Karoline Leavitt insisting the operations are “lawful” and approved by “the best military and civilian lawyers.” Trump, during the Cabinet meeting, distanced himself: “I rely on Pete.” Yet the scrutiny intensifies: House Democrats like Pete Aguilar (D-Calif.) are pushing for hearings, while GOP hawks like Sen. Tom Tillis (R-N.C.) question the “fog of war” defense. “We need the full picture,” Tillis said. As probes mount, Hegseth’s confirmation hearing ghosts—where he dodged questions on unlawful orders—haunt anew.
This isn’t partisan sniping; it’s a crisis of command. Lieu’s war crime charge, backed by JAG expertise, forces a reckoning: did Hegseth’s “kill everybody” order violate international norms? With no body cams or logs released, the truth floats in the fog. For now, Capitol Hill demands answers—before the next strike blurs the line further.
