by Bill Doughty
United States Senators and Representatives plan to conduct hearings to investigate an attack of Sept. 2 on a suspected drug boat in the Caribbean as a potential war crime or murder.
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| Adm. Bradley |
Hegseth initially said the report was “fabricated,” but then the White House acknowledged that there was indeed a second strike on the boat even though there were survivors clinging to the shipwreck.
This week Hegseth admitted there was a second strike but denied giving the order, instead attributing the decision to Admiral “Mitch” Bradley.
More about that in a moment…
Unconstitutional Behavior
Last month some members of Congress issued a video aimed at uniformed military personnel reminding them of their oath to support and defend the Constitution against all enemies foreign and domestic and to not follow illegal and unconstitutional orders.
In response, President Trump said that Kelly and the other Democratic lawmakers in the video “should be in jail right now.” He called the senators’ statement “seditious behavior at the highest level” and for an example to be set. “Their words cannot be allowed to stand – We won’t have a Country anymore!!! punishable by DEATH!”
It wasn’t the first time that the commander in chief called for violence against his adversaries. He proclaimed to a crowd years ago, “I could stand in the middle of Fifth Avenue and shoot somebody, and I wouldn't lose any voters, OK?”
On a presidential debate stage in 2016 Trump told moderator FOX News’s Bret Baier that he could get away with issuing orders to torture people. Baier replied that several high-ranking military and intelligence officials believed that rank-and-file service members would refuse to commit war crimes as illegal orders; Trump replied, "They won't refuse. They're not going to refuse me. Believe me.”
After Trump's comments about Senator Kelly and the other members of Congress, the senators and representatives and their families have received numerous death threats.
In at least one press conference and many media interviews, Kelly has been outspoken in defending his position: reminding service members of their duty to follow only legal orders.
‘Follow the Law’
One of Kelly's earliest interviews was with MS NOW political talkshow host Rachel Maddow on Monday, Nov. 24.
“I said something that was pretty simple and non-controversial,” Kelly told Maddow, “that members of the military should follow the law. And in response to that, Donald Trump said I should be executed, I should be hanged, I should be prosecuted, even said something like, ‘Go get them.’”
“I think it says more about him than it does about me. He doesn’t want accountability, but Rachel I’m not going to be silenced. I’m not going to be intimidated,” he added.
Kelly cited Trump’s pronouncement at the 2016 debate that the military “won’t refuse” even his illegal orders. Kelly also noted Trump’s threat to invoke the Insurrection Act and send more troops into American cities as training against U.S. citizens. And, Kelly mentioned Trump’s desire to have the military fire upon protesters in Washington D.C. in 2020.
Kelly said, “I spent 25 years in the United States Navy. I flew 39 combat missions over Iraq and Kuwait. Let me start by saying I never questioned any order, and you’re required to follow all legal orders. You’re also required not to follow illegal ones.”
“I don’t think there’s anything more patriotic than to stand up for the Constitution, and right here, right now, the President clearly is not doing that,” Kelly added.
“The whole thing’s almost comical," Kelly said. "We basically recited the Uniformed Code of Military Justice, and they’re (Trump and Hegseth) saying that’s in violation of the Uniformed Code of Military Justice. It’s absurd.”
Maddow inquired, “I have to ask you at a human level, Senator, you and your family have dealt with more than your fair share of sacrifice for this country and trial and tribulation … Even though I hear you when you say you’re not intimidated … It’s tough to ask what kind of impact is this having on you and your family?”
“Rachel, I’ve had a missile blow up next to my airplane,” Kelly replied. “I’ve been … nearly shot down multiple times. I’ve flown a rocket ship into space four times built by the lowest bidder. And my wife, Gabby Giffords, meeting with her constituents, shot in the head. Six people killed around her. A horrific thing. She spent six months in the hospital. We know what political violence is. And we know what causes it, too. Y’know, The statements that Donald Trump made… incites other people. He’s got millions of supporters. People listen to what he says more so than any other person in the country. And he should be careful with his words,” Kelly said.
“But I’m not going to be silenced here.”
Kelly added: “If this is meant to intimidate me and other members of Congress from doing our jobs and holding this administration accountable, it won’t work. I’ve given too much to this country to be silenced by bullies who care more about their own power than protecting the Constitution.”
‘Not a Serious Person’
US defense secretary, Pete Hegseth, argues that the senators' and representatives' video at the center of the controversy was “despicable, reckless, and false.”Hegseth
Kelly and the others, Hegseth claims, is “Encouraging our warriors to ignore the orders of their commanders undermines every aspect of ‘good order and discipline.’”
Hegseth claims Kelly has committed a potentially unlawful act. He threatens to recall the retired Navy captain to active duty so he can hold him accountable. He also mocked his uniform and ribbons for medals Kelly earned.
Kelly meantime has spoken out in support of Admiral Bradley and berated Hegseth for not taking responsibility for his actions in the potential warcrime of Sept. 2.
Sen. Mark Kelly (D-AZ) reacted to Hegseth’s Franklin the Turtle meme this way: ”He’s in the national command authority for nuclear weapons, and last night he's putting out on the internet turtles with rocket-propelled grenades killing people. I mean, have you seen this? This is the Secretary of Defense. This is not a serious person.”
Hegseth, himself, consistently says he doesn’t take military legal advice seriously.
From an earlier Navy Reads review of Pete Hegseth’s quasi-memoir: Hegseth “fired numerous JAG officers, IGs (Inspectors General), and advisors who don’t have his beliefs or who don’t give him the advice he wants.” Hegseth writes, “Aren’t we just better off winning our wars according to our own rules?” He questioned following the Geneva Conventions and other international treaties and agreements.
In Hegseth’s book, he recalls telling his platoon in Iraq. to ignore the guidance of JAG officers, who he referred to as “jag-offs.”
Legal guidance had warned about not firing upon non-threatening potential adversaries, but Hegseth wrote, “After this briefing, I pulled my platoon together… ‘Men, if you see an enemy who you believe is a threat, you engage and destroy the threat. That’s a bullshit rule that’s going to get people killed. And I will have your back –– just like our commander.’”
Several weeks after the Sept. 2 killing of the drug runners, Hegseth ordered the military’s most senior officers and enlisted personnel to report before him at Quantico where he told them they would no longer be constrained by legal advice of the JAGs “We also don't fight with stupid rules of engagement,” Hegseth said.Adm. Holsey
“We untie the hands of our warfighters to intimidate, demoralize, hunt and kill the enemies of our country. No more politically correct and overbearing rules of engagement, just common sense, maximum lethality and authority for warfighters.”
Notably, Admiral Alvin Holsey, then-commander of U.S. Southern Command did not attend.
Two weeks later, Hegseth announced Holsey would retire early, just one year into his three-year tour. The New York Times reported that Holsey opposed attacking drug-running boats in the Caribbean.
Hegseth promised, “We let our leaders fight their formations and then we have their back.”
Will he actually “have their back”?
This week Hegseth claimed that Adm. Bradley gave the order for the second strike on Sept. 2.
What’s Being Signaled?
So far the Defense Secretary has faced no accountability for “Signalgate,” in which he texted active attack plans against Yemen to a reporter and separately to family members.
This week, in fact, the Pentagon's watchdog found that Hegseth put U.S. personnel and mission at risk when he communicated the “Secret” attack plans on a personal phone via an encrypted but nonsecure Signal, according to reports.
Democrats and independents in Congress are calling for hearings. Even some republican lawmakers are publicly declaring they are no longer hanging with Hegseth.
If congressional hearings determine culpability for the unconstitutional killings in the Caribbean, will Hegseth and/or Trump face accountability for what experts call either murder or a warcrime –– or both?
Or will Hegseth and Trump literally “have the backs” of military leaders as they push them toward the gallows?
Perhaps Congress will recalibrate the Pentagon, prevent a potential war with Venezuela, turn away from kinetic tactics against civilians, and return to supporting Coast Guard at-sea actions against drug runners.
Then, drug traffickers will be held legally accountable as well.
Navy crew members from USS Curts offload 12 tons of cocaine in Key West, FL Nov. 5 2004, from the largest drug bust in United States Coast Guard history. (USCG photo by PA3 Stacy Burns)
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