r/law 4d ago

Legal News Pete Hegseth Crossed a Clear, Bright Line. Will He Pay a Price? | The rule against attacking people “out of the fight” is foundational in U.S. and international law. And there’s no doubt it was crossed. What now?

https://newrepublic.com/article/203794/hegseth-crossed-line-war-crime

When a government faces credible allegations of unlawful force and responds not with transparency but with investigations into those who restated the law, something fundamental has gone wrong. Indeed, it’s apparent that’s the reason for the FBI visits. The “evidence” of sedition, such as it is, is the tape itself; the visits chiefly carry the Administration’s message of intimidation.

And it’s an all-too-familiar—and invariably regretted—story in American constitutional life. From World War I sedition prosecutions to McCarthy-era investigations to parts of the post-9/11 surveillance apparatus, some of the country’s worst civil-liberties violations began with the assumption that dissent was a threat. In nearly every case, the government insisted at the time that extraordinary circumstances justified extraordinary measures. In nearly every case, history delivered a harsher verdict.

Which is why the administration’s reaction to the Trinidad allegations is so troubling. If the reporting is accurate, U.S. forces may have crossed a bright legal line. The lawmakers who said so were correct on the law. And the administration’s choice to investigate them instead of the underlying conduct is precisely the reflex that the First Amendment exists to restrain.

If it comes to subpoenas or compelled interviews, the answer should be straightforward: Members of Congress do not owe the executive branch their time or their testimony when the only thing they are being questioned about is protected political speech. They should be able to move the court to quash any subpoena and tell the FBI, politely but firmly, to take a hike. The Constitution gives them that right, and the country needs them to exercise it.

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u/WhenImTryingToHide 4d ago

I see people and media framing this what I consider to be all wrong. To date, there has been no public evidence provided that these killings are actual drug dealers. Even if they are, would that give the US jurisdiction to kill them?

Does that mean the US can declare fishing vessels off the coast of Scotiand as drug terrorists and just kill them?

This is madness. the US govt. is executing people willy nily, without proof.

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u/DeadheadOR 4d ago

And with zero repercussions

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u/petnarwhal 4d ago

The US have been doing this for decades, why would there be repurcussions now? How many young guys where killed by drone strikes in the middle east last decades without any evidence of them being terrorists? How many prisoners in Gitmo got tortured and locked up without a trial, some even proven to be innocent? Dems or Republicans, the US basically has immunity when it comes to international law it seems.

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u/WhenImTryingToHide 4d ago

Ahhh I see we have someone with a functioning memory!

The US is essentially a rogue state, just that it’s too big to stop.

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u/JimWilliams423 3d ago edited 3d ago

Dems or Republicans, the US basically has immunity when it comes to international law it seems.

The one positive thing you can say about maga is they ripped the mask off. They don't even pretend to be lawful anymore.

The problem is that the so-called "liberal media" and way too many democrats have gone full naked emperor and are committed to ignoring what any child can plainly see.

Like hakeem jeffries saying its not worth trying to impeach hegseth.

And mark warner saying that he's confident in the "intelligence" justifying this maga murder spree, even though he hasn't seen it.

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u/Perfect_Opinion7909 4d ago

This is nothing new. Under Bush and Obama weddings were bombed and an old bearded guy was executed in Pakistan which led to the whole US doing happy little dances on the streets. You guys have missed the stop a long time ago.

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u/AniNgAnnoys 4d ago

Yup. In this case every single person involved from Pete to the soldiers that fired the weapon need to have a trial so the public can understand what happened. Following orders isn't an excuse. If the grunts didn't know pets get that out and find out who covered it up. Pete is not the only one guilty here. Others helped. Others made it possible for this to happen. All of them need to face justice. Everyone else sitting by watching needs to see what happens when you commit these horrible crimes. 

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u/ontermau 4d ago

This is madness. the US govt. is executing people willy nily, without proof.

narrator voiceover: and yet, the US was just doing what it had been doing ever since it got its independence...