There is an increasing apprehension among service members that they may be asked to carry out an illegal order, amid reports Defense Secretary Pete Hegseth ordered troops to “kill everybody” in a boat strike in September.
The concerns, reflected in an uptick in calls to the Orders Project — which provides free legal advice to military personnel — come from the likes of staff officers involved in planning the strikes on supposed drug-carrying boats and those in charge of designating those on the vessels as a threat in order to carry out such attacks.
Even as a reported Justice Department classified memo from this summer preemptively argued that U.S. troops involved in the strikes would not be in legal jeopardy, service members appear far more concerned than usual than the U.S. military may be opening them up to legal harm, according to Frank Rosenblatt, president of the National Institute of Military Justice, which runs the Orders Project.
“They have questions, because this didn’t come up before. This was never an issue throughout both administrations of the global war on terror in Iraq or Afghanistan. No one ever came down and said, ‘You’re immunized for any potential crimes you commit,'” Rosenblatt told of the increase in calls to his organization. Established in 2020, he said such “activity was generally very low until three months ago.”
“I think most people knew they did their jobs faithfully and didn’t do things that are beyond the pale, like executing civilians, that they would be OK and wouldn’t be prosecuted. So now to have this immunity as part of the discussion really tends to chill people and make them ask, ‘What the heck’s going on? What is it that I might be asked to do?'” he added.
Service members’ uncertainty over whether they will be asked to carry out an illegal order or pressured to go against their training is likely to be exacerbated after The Washington Post and CNN late last week reported that Hegseth authorized a highly unusual strike to kill all survivors aboard a boat allegedly carrying drugs in the Caribbean Sea this fall.
White House press secretary Karoline Leavitt confirmed Monday that on Sept. 2, Hegseth authorized Adm. Frank Bradley to carry out a follow-up strike on an alleged drug boat in the Caribbean; the strike reportedly killed two people who were hanging onto the burning vessel, having survived an initial strike.
“President Trump and Secretary Hegseth have made it clear that presidentially designated narco-terrorist groups are subject to lethal targeting in accordance with the laws of war,” Leavitt said. “Adm. Bradley worked well within his authority and the law to ensure the boat was destroyed and the threat to the United States of America was eliminated.”
The situation also comes as Trump has sparred with six congressional Democrats over a video from last month reminding service members that they can defy illegal military orders. Trump has called for the legislators — who all have military or national security backgrounds — to face arrest and trial for what he called “SEDITIOUS BEHAVIOR, punishable by DEATH!”
But legislators from both parties, as well as former officials, have raised alarms that Hegseth may have committed a war crime. Included among them is former Defense Secretary Leon Panetta, who said Monday he doesn’t “think there’s any question” the second U.S. strike on the alleged drug boat was a war crime.
Service members are worried about the same possibility, according to Rosenblatt, who said call activity to the Orders Project was “generally very low until three months ago,” when the Trump administration began targeting alleged drug-carrying boats. The administration has revealed 21 strikes that have killed at least 83 people.
