Pete Hegseth could be investigated for illegal orders by 5 different bodies - but none are likely to lead to charges

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Pete Hegseth could be investigated for illegal orders by 5 different bodies – but none are likely to lead to charges
Published: December 4, 2025 5:08pm EST

Joshua Kastenberg
Professor of Law, University of New Mexico


(The Conversation) News reports about a U.S. military attack on a boat in the Caribbean allegedly carrying drugs have raised critical questions about the military campaign against drug smugglers being carried out by the Trump administration in that region.

Among them: whether Secretary of Defense Pete Hegseth or others face criminal liability for any of the attacks. Those attacks killed people alleged to have been involved in illegal narcotics trafficking.

Congressional investigations have begun into allegations that a Sept. 2, 2025, follow-up attack on two survivors of an earlier attack was illegal and ordered by Hegseth. Some legal scholars have cited violations of international and United States criminal law that could come into play.

But as a military law scholar who spent 20 years as a lawyer and judge in the U.S. Air Force, I know that there aren’t enough facts known yet to determine who is responsible for what. There are five investigative mechanisms that could be used to determine the facts and whether there is criminal liability on the part of both senior civilian officials and military members involved in the now extensively reported second strike on the suspected drug boat that resulted in the deaths of civilians. ...................(more)

https://theconversation.com/pete-hegseth-could-be-investigated-for-illegal-orders-by-5-different-bodies-but-none-are-likely-to-lead-to-charges-271284