White House Press Secretary Karoline Leavitt said on December 1 that Admiral Mitch Bradley, head of U.S. Special Operations Command (SOCOM), “acted lawfully and appropriately” when he ordered a second strike on survivors aboard a suspected drug-smuggling boat in the Caribbean on September 2.
The Washington Post previously reported that U.S. forces fired missiles at a suspected drug-carrying vessel on September 2, killing nine people. Two survivors clung to the burning wreckage.
Acting on orders from Secretary Hegseth, Admiral Bradley then directed a follow-up strike to ensure the survivors “could not call accomplices to rescue them or retrieve the cargo.” The second strike killed both survivors, and the vessel later sank.
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The incident has intensified controversy over the legality of the Trump administration’s anti-drug campaign, launched in early September. The U.S. has carried out 21 airstrikes, killing more than 80 people, yet has not provided evidence proving the targets were drug traffickers. The scandal erupted after a November 28 Washington Post report claiming Hegseth had issued a “kill them all” command during the first strike of the campaign. Hegseth called the report “fabricated,” insisting the attacks “complied with the laws of armed conflict and were approved by top military and civilian lawyers throughout the chain of command.”
His denial failed to reassure Congress, which remains skeptical of the legal rationale behind the administration’s actions. The Senate and House Armed Services Committees promptly announced investigations to uncover all relevant details.
Senate Armed Services Chairman Roger Wicker said Admiral Bradley would appear before the committee on December 4. House Armed Services Chairman Mike Rogers said lawmakers would question him directly about what happened and who ordered what. “We will get a full, clear picture of what did and did not occur,” Rogers said.
Democratic senators are calling for Hegseth’s removal, labeling the Pentagon chief a “war criminal.” House Republicans have warned that if the allegations are confirmed, Hegseth’s actions would constitute “a very serious breach.”
Legal experts say the second U.S. strike violated both peacetime law and the rules governing armed conflict.
“Under no circumstances could killing people clinging to a boat at sea be considered lawful,” said Michael Schmitt, former Air Force lawyer and professor emeritus at the U.S. Naval War College.
Trump has argued the U.S. is engaged in a lawful armed conflict with drug cartels, but Schmitt said experts overwhelmingly disagree, noting that the criminal groups have not carried out violent attacks against the United States.
“If there is no armed conflict, then the U.S. violated international human rights law,” Schmitt added. “Lethal force is permitted only when there is an imminent threat to life or risk of serious injury — and that simply wasn’t the case.”
Laura Dickinson, a law professor at George Washington University, said Hegseth could face accountability under the U.S. Uniform Code of Military Justice (UCMJ), which applies to former service members.
“In a conflict, intentionally killing a protected person — a civilian or someone who is hors de combat — is considered a war crime,” Dickinson told TIME. “The U.S. War Crimes Act would also apply.”
Jennifer Trahan, a professor at New York University’s Center for Global Affairs, said that if the U.S. is not legally at war, the entire series of airstrikes — not just the one in question — would be unlawful.
“Drug trafficking is criminal activity, and traffickers should be arrested and prosecuted,” she said.
Observers say Hegseth has become a political liability for President Trump. His nomination was controversial from the start and required Vice President JD Vance’s tie-breaking vote to pass the Senate in January.
In March, Hegseth was embroiled in another scandal when messages from a White House Signal chat group leaked, raising concerns about information security. A Signal account using his name had shared details of planned strikes against Houthi targets in Yemen with a group that included people outside the administration. Calls for his resignation mounted, but he survived the episode thanks to Trump’s support.
On November 30, Trump said his administration “will look into the matter,” adding that he “did not want that to happen, especially the second strike.”
“Pete says he did not order the killing of the two survivors. I completely believe him,” Trump said.