“If you’re working for a designated terrorist organisation, and you bring drugs to this country in a boat, we will find you, and we will sink you. Let there be no doubt about it,” Hegseth said during a speech at the Reagan National Defence Forum.
‘Deeply concerning’
A video of the attack was shown to members of Congress on Capitol Hill behind closed doors on Thursday.
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Bradley told lawmakers that he ordered a second strike on the boat because it was believed that bales of cocaine were still in the hull, according to a person with knowledge of the briefing who spoke on the condition of anonymity because they were not authorised to discuss it.
For several minutes, two people, shirtless and at one point waving, climbed on the piece of the boat that was still floating.
They were “drifting in the water – until the missiles come and kill them”, said congressman Adam Smith, the ranking Democrat on the House Armed Services Committee, adding that the killings were “deeply concerning”.
However, Senator Tom Cotton, the Republican chair of the Senate Intelligence Committee, said he believed the video showed the two people trying to flip over the piece of the boat. For him, that was enough of an indication that the survivors were trying to “stay in the fight” and were therefore still justifiable targets.
Bradley told the lawmakers that the rationale for the second strike was to ensure that the cocaine in the boat could not be picked up later by cartel members. Lawmakers had previously been told that the second strike was ordered to sink the boat.
According to CNN, the admiral also argued that the drug shipment could have ultimately made its way to the US from Suriname, and said that justified the strike on the boat even if it wasn’t directly heading to US shores at the time of the attack.
Under the Trump administration’s legal opinion, drugs and drug smugglers en route to the US are essentially viewed as terrorist threats and can be targeted with the same rules that apply to the global war on terror.
That’s a dramatic shift from traditional practice that views drug-running as a serious criminal activity, but one to be handled typically by law enforcement, usually the Department of Homeland Security’s Coast Guard, rather than the military.
“The people in the boat, as a matter of the law of armed conflict, are not fighters,” said Michael Schmitt, a former Air Force lawyer and professor emeritus at the US Naval War College.
“All they are is transporting drugs.”
Democrats say the conclusions of the Trump administration’s legal argument are troublesome. “That incredibly broad definition, I think, is what sets in motion all of these problems about using lethal force and using the military,” Smith said.
That’s led lawmakers to call for the public release of the legal argument that undergirds the military campaign, a roughly 40-page opinion from the Justice Department’s Office of Legal Counsel.
“This briefing confirmed my worst fears about the nature of the Trump administration’s military activities,” Senator Jack Reed, the top Democrat on the Armed Services committee, said in a statement. “This must and will be only the beginning of our investigation into this incident.”
AP, Reuters
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