Defense Secretary Pete Hegseth kept top military officials and lawyers in the dark about an order authorizing strikes against alleged drug vessels, leading to holes in key areas such as how to deal with survivors, according to a new report.
The New York Times detailed that the order, which was signed by Trump, ended up having holes in areas such as how to deal with survivors. The two people who survived a strike earlier this year were sent to their home countries. They have not been charged at home.
The outlet added that the development sent Pentagon officials scrambling on the issue. Some even suggested sending them to the infamous CECOT prison in El Salvador, or shipped to a third country.
A revision by military lawyers included language saying that survivors had to be treated according to international law. Senior officials added in internal conversations that the best option would be asking nearby governments to pick them up.
Experts have repeatedly challenged the Trump administration's basis for the strikes in general, warning that the operations may violate both domestic and international law.
The scrutiny intensified after The Washington Post reported that Defense Secretary Pete Hegseth gave a verbal directive to "kill everybody" during the first strike on Sept. 2. Two survivors were reportedly clinging to debris when a second strike killed them. The White House has acknowledged the follow-up strike but says it was "within the law." Hegseth has denied issuing an order for no survivors. The administration has challenged the notion, saying that all parties acted in accordance with the law.
The administration has argued the U.S. is in a "non-international armed conflict" with drug cartels, claiming narcotics trafficking constitutes "an armed attack" on the country. President Trump said on Oct. 22: "We have legal authority. We're allowed to do that."
Legal scholars say that classification is crucial — and likely incorrect.
"They don't have military hierarchies, don't have the capability to engage in combat operations," said Brian Finucane, a former State Department lawyer, to CBS News. "It's absurd to claim that the U.S. is somehow in an armed conflict with them." Without a legitimate armed conflict, experts say, the strikes fall under domestic law.
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