Dem congressman 'deeply concerned' about legality of boat strikes after viewing video

Key Concepts

• September 2 U.S. Strike: A U.S. military strike on a boat that resulted in two survivors on a capsized vessel.
• "In the Fight": A military term used to describe individuals who are considered legitimate targets due to their active participation in hostilities.
• Return to the Fight: The justification used for the second strike, based on the perceived possibility that cocaine was still on the boat.
• Lethal Force: The use of deadly force, which is a serious consideration when determining targets.
• Due Process: The legal requirement that the state must respect all legal rights that are owed to a person.
• War Crime: A violation of the laws of war.
• Uniformed Lawyers: Legal advisors within the military who provide guidance on the legality of operations.
• UCMJ (Uniform Code of Military Justice): The body of laws that governs the U.S. armed forces.
• Secretary of Defense (SecDef): The head of the Department of Defense.
• Defense Department Inspector General Report: An investigation into alleged misconduct within the Department of Defense.
• Secretary Hegseth: A figure involved in the sharing of sensitive information.
• Signal Messaging App: An unclassified messaging application.
• Congressional Oversight: The review, monitoring, and supervision of government agencies, programs, activities, and functions by legislative bodies.
• Accountability: The obligation to accept responsibility for one's actions.

Summary of Discussion

This transcript features an interview with Congressman Adam Smith, ranking member of the House Armed Services Committee, regarding a U.S. strike on a boat on September 2nd and a separate issue concerning Secretary Hegseth.

The September 2nd U.S. Strike

Main Topics and Key Points:

• Disturbing Video Evidence: Congressman Smith described the video of the September 2nd strike as "disturbing." The footage showed the entire operation from identification of the boat to the first and second strikes.
• Survivors as Targets: By the time of the second strike, there were two survivors with their shirts off on top of a capsized boat, with only the bow visible above water. The decision was made to strike these two individuals.
• Questionable Justification for Second Strike: Admiral Bradley offered an explanation that the two survivors were still considered "in the fight" and legitimate targets. However, Congressman Smith expressed "serious questions about that conclusion" and called for a "much deeper investigation."
• Legal Guidance and "Return to the Fight" Definition: The discussion touched upon the legal guidance received from uniformed lawyers before the second strike. A key issue was the definition of "return to the fight," which was based on the plausibility that cocaine was still on the boat.
• Cocaine as a Threat Justification: Congressman Smith found the justification of plausible cocaine presence questionable, especially since the boat was hit, on fire, and visibly burning before capsizing. He questioned the evidence for cocaine remaining and its relevance to the survivors being a threat.
• Broader Definition of Target: The broader definition of a target was also raised: anyone shipping cocaine in the direction of the United States, even if they are unaware it's heading to the U.S.
• "Death Penalty for Drug Dealing": Congressman Smith strongly criticized this broad definition, likening it to the "death penalty for drug dealing" and questioning whether the President should have the authority to kill individuals deemed drug dealers without due process.
• Comparison to Combat Zones: He contrasted the situation with individuals in Afghanistan and Iraq who were "in the fight" because people were shooting at them or trying to blow them up. He described the two individuals on the capsized boat as "completely unarmed" and potentially on a sinking vessel.

Arguments and Perspectives:

• Congressman Smith's Perspective: He believes the strike raises serious concerns about its legality and the legality of the entire operation, necessitating further investigation for a possible war crime. He is not personally making the war crime determination, stating that it requires trials and thorough investigation.
• Military Leadership's Perspective (as presented by Smith): The admiral's explanation for the second strike, based on the possibility of remaining cocaine and the survivors being "in the fight."

Step-by-Step Process (Implied):

1. Identification of a boat.
2. First strike on the boat.
3. Boat catches fire and capsizes.
4. Two survivors are observed on the capsized boat.
5. Legal guidance is sought regarding the survivors.
6. Justification for a second strike is based on the perceived possibility of cocaine remaining and the survivors being "in the fight."
7. Second strike is executed.

Data, Research Findings, or Statistics:

• No specific figures or statistics were mentioned, but the discussion revolves around the interpretation of visual evidence from a video.

Guidance for Service Members and Concerns about the Secretary of Defense

Main Topics and Key Points:

• Responsibility to Ensure Lawful Orders: Congressman Smith advised service members to remember their responsibility to ensure that the orders they are given are lawful, referencing the UCMJ.
• Contempt for the Law by Secretary of Defense: He expressed concern about a Secretary of Defense who "has contempt for the law on every level," viewing it as an impediment.
• Dangerous Time for Service Members: He characterized the current period as "very, very dangerous" for service members due to the Secretary of Defense's behavior.
• Lack of Support from SecDef: The Secretary of Defense's immediate disavowal of responsibility and full support for the order given by another individual was highlighted as evidence of not having service members' backs.

Arguments and Perspectives:

• Congressman Smith's Guidance: Service members must exercise caution and ensure the legality of orders, especially when the leadership appears to disregard the law.
• Critique of SecDef's Stance: The Secretary of Defense's attitude is seen as contrary to how the U.S. government should operate.

Key Concepts:

• UCMJ: The legal framework for military conduct.
• Lawful Orders: Orders that comply with legal and ethical standards.

Secretary Hegseth and the Sharing of Sensitive Information

Main Topics and Key Points:

• Defense Department Inspector General Report: A report concluded that Secretary Hegseth put U.S. personnel at risk by sharing details of planned strikes on Houthi leaders via the unclassified Signal app.
• Hegseth's Explanation: Hegseth claimed the messages weren't classified because they didn't include target names or locations.
• Congressman Smith's Rebuttal: Congressman Smith stated this explanation is "completely wrong" and that Hegseth did release information about what was being hit, when, and by whom.
• Lack of Understanding of Classification: He argued that anyone familiar with classified information would recognize Hegseth's actions as wrong.
• Worse Than the Act is the Lack of Remorse: It is considered worse that Hegseth doesn't see anything wrong with his actions and believes he is "completely exonerated" despite the report.
• Failure to Fix the Problem: Hegseth is not planning to rectify his actions.

Arguments and Perspectives:

• Congressman Smith's Perspective: Secretary Hegseth's actions were a clear violation of security protocols, and his denial and lack of accountability are unacceptable.
• Secretary Hegseth's Perspective (as reported): His actions were not a breach of security because the information shared was not classified.

Step-by-Step Process (Implied):

1. Secretary Hegseth shares details of planned strikes on Houthi leaders via Signal.
2. A Defense Department Inspector General report investigates the incident.
3. The report concludes Hegseth put personnel at risk.
4. Hegseth provides an explanation for his actions.
5. Congressman Smith refutes Hegseth's explanation.

Accountability and Congressional Oversight

Main Topics and Key Points:

• Difficult Position Due to Trump Administration: The situation is complicated by the broader context of the Trump administration, where President Trump and Secretary Hegseth have made it clear that "the law doesn't apply to them."
• Enforcing the Law: The challenge is how to use the U.S. government to enforce the law when the President and Secretary of Defense do not believe in it.
• Congressional Oversight as a Tool: Congressman Smith stated that Democrats will continue to "press for congressional oversight."
• Role of the Republican Majority: The actions of the Republican majority in the House and Senate are crucial.
• Demand for Public Hearing: There is a call for a public hearing to discuss the justification for the mission and the specific strike on September 2nd.
• Continued Push for Oversight and Accountability: Congressman Smith and others in Congress will continue to push for oversight and accountability.

Arguments and Perspectives:

• Congressman Smith's Stance: Meaningful accountability is necessary, but it is hindered by the administration's disregard for the law. Congressional oversight and public discussion are vital steps.
• The Challenge of Enforcement: The core issue is how to hold accountable individuals who believe they are above the law.

Step-by-Step Process (Implied):

1. Identify a problem or alleged misconduct.
2. Conduct an investigation (e.g., Inspector General report).
3. Assess the findings and the response of those involved.
4. Determine the appropriate level of accountability.
5. Utilize mechanisms like congressional oversight and public hearings to address the issue.

Notable Quotes:

• Rep. Adam Smith: "It's disturbing to me, because what we saw, we saw the whole video from the moment that they identified the boat to when they did the first strike."
• Rep. Adam Smith: "But I have serious questions about that conclusion. And I think we need to do a much deeper investigation."
• Rep. Adam Smith: "I mean, this is the death penalty for drug dealing. Do we want to give the president of the United States the authority to kill anyone he deems a drug dealer, to make him judge, jury, and executioner with no due process?"
• Rep. Adam Smith: "I am not personally going to make that conclusion. I think it's irresponsible to do that. War crimes are determined by trials and by thorough investigation."
• Rep. Adam Smith: "Based on what I have seen, I am deeply concerned about the legality of the strike. I'm deeply concerned about the legality of the entire operation."
• Rep. Adam Smith: "You have a responsibility to make sure that the orders that you are given are lawful. Don't forget that responsibility."
• Rep. Adam Smith: "His attitude is, the law is an impediment to him doing what he has to do. That's not the way the United States of America is supposed to work."
• Rep. Adam Smith: "No, first of all, that's completely wrong. That's not what happened."
• Rep. Adam Smith: "It's bad that he did it. It's worse that he doesn't see anything wrong with it."
• Rep. Adam Smith: "President Trump and Secretary Hegseth have made it perfectly clear the law doesn't apply to them."
• Rep. Adam Smith: "What we're going to do on our part is, we're going to continue to press for congressional oversight."

Conclusion

Congressman Adam Smith expresses deep concern over the legality and justification of the September 2nd U.S. strike, particularly the second strike on survivors of a capsized boat. He questions the military's definition of "in the fight" and the broader implications of targeting individuals based on drug trafficking activities without due process. Furthermore, he criticizes Secretary Hegseth's handling of classified information and the lack of accountability within the administration, emphasizing the need for robust congressional oversight and public discussion to address these critical issues.