If recent news reports are accurate, Secretary of Defense Pete Hegseth likely issued an illegal order to give no quarter in the first of what are now many likely illegal strikes against alleged narcotics trafficking boats in the Caribbean Sea and Eastern Pacific. Already manifestly unfit and unqualified for the job, focused primarily on fighting culture wars and politicizing, and having previously endangered American military personnel by discussing sensitive operational details over an off-the-books group chat, Hegseth may now be guilty of war crimes if not outright murder.
Congress must now embark on a thorough investigation of these strikes and Hegseth’s potentially criminal role in ordering them. Ultimate responsibility for these immoral and likely illegal military actions rests with President Donald Trump, but Hegseth bears significant responsibility of his own for following and executing Trump’s directives. As secretary of defense, however, Hegseth has the right and duty to refuse manifestly illegal orders from the president — but he has chosen to follow them instead.
Indeed, Trump likely nominated Hegseth as secretary of defense in part because, like Trump, he possesses few if any qualms about ordering the American military to act in direct contravention of the laws of war. As a Fox News television personality during the first Trump term, for instance, Hegseth successfully lobbied President Trump to pardon Eddie Gallagher, a former Navy SEAL accused of war crimes by his fellow SEALs, and defended others charged with or alleged to have ordered similar crimes. His partisan polemics, moreover, seep with barely-concealed contempt for the laws and rules of war. In Hegseth’s telling, America fails to win wars because the U.S. military cannot act like its enemies and commit obvious war crimes with abandon — a morally reprehensible stance that drags America down and damages our standing in the world.
Hegseth also summoned the military’s highest-ranking officers back to the United States in September for a lecture that included, among other things, a promise that the military would no longer have to follow “stupid rules of engagement.” He also reportedly forced Adm. Alvin Holsey, head of U.S. Southern Command, to resign less than a year into his three-year appointment after Holsey expressed doubts about the legality of the Trump administration’s boat strikes — doubts buttressed by the command’s senior military lawyer, whose view that such strikes were illegal was overruled by the Trump administration’s lawyers.
In a blatant attempt to intimidate critics, moreover, Hegseth has absurdly threatened Senator Mark Kelly (D-Ariz.) — a retired Navy pilot and astronaut who flew 39 combat missions during the 1991 Gulf War and piloted four space shuttle missions from 2001 to 2011 — with a court-martial for recording a video with other Congressional Democrats that reminded American servicemembers of their right to refuse illegal orders. Hegseth has acted beneath the dignity of his office in other ways, such as active trolling on social media and provoking a Canadian children’s book publisher to condemn him for using one of their characters in a juvenile AI-generated meme.
Hegseth has proven beyond any reasonable doubt that he has no business holding his present office. In a normal political universe, he would never have been nominated as secretary of defense in the first place. But we live in abnormal times, and President Trump wants Hegseth as his secretary of defense because of their shared disdain for the laws of war and the notion of basic human dignity during armed conflict. Given its general subservience to Trump, this Congress will almost certainly not impeach and remove Hegseth — no matter how much he deserves to be dismissed from office.
Assuming he remains Secretary of Defense and Democrats retake one or both houses of Congress in next year’s mid-term election, Hegseth’s impeachment and removal from office should be one of a new Democratic majority’s first orders of business. If successful, Hegseth’s impeachment and removal from office will be only the start of accountability for the Trump administration’s lawless and immoral war in the Caribbean and Eastern Pacific — but a start must be made.