"He says he has an opinion from the Justice Department, but neither the Justice Department nor the White House will offer it for public scrutiny. And it gives me no pleasure to say what I'm about to say because I worked with Pete Hegseth for seven or eight years at Fox News. This is an act of a war crime, ordering survivors who the law requires be rescued instead to be murdered. There's absolutely no legal basis for it, Napolitano continued, adding:"
"Military would bring it because they're all active duty military, not the Secretary of Defense, but everybody else would be subject to a court-martial. I don't know where this is going to go. Republicans in the Congress seem to be as exasperated by it as the Democrats do. I think it's getting beyond politics now. The killing is out of hand."
Judge Andrew Napolitano asserted that orders to kill survivors aboard an alleged drug-smuggling boat amount to a war crime and lack any legal basis. He said the White House and Justice Department have not disclosed the legal opinions reportedly authorizing the action. Napolitano named the Secretary of Defense, the admiral, and those who fired as subject to prosecution and said military courts would likely handle the cases for active-duty personnel. He expressed concern about conflicting statements on who gave the order and noted bipartisan exasperation, calling the killings out of hand.
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