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Fresh Air

Was The U.S. Attack On A Venezuelan Boat A War Crime?

03 Dec 2025

Transcription

Chapter 1: What is the main topic discussed in this episode?

0.368 - 20.677 Terry Gross

Hi, it's Terry Gross. Before we start the show today, I want to make sure you know it's a special time at NPR because yesterday was Giving Tuesday, and as we like to think of it, this is Giving Tuesday week. NPR celebrates this time of generosity every year, but we've never had a year quite like this one before.

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21.258 - 41.041 Terry Gross

You've probably heard by now that federal funding for public media was eliminated as of October 1st. That means NPR is now operating without federal support for the first time in our history. That's more than 50 years. It's a big change and a big challenge, but it's one we can overcome together.

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41.621 - 58.321 Terry Gross

You count on Fresh Air to bring you interviews that help us get to know the writers, directors, and musicians who are making their mark on American culture. and investigative journalists who are revealing politically related stories we otherwise might never know about.

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59.242 - 86.053 Terry Gross

And we're so grateful to the listeners who have already stepped up to donate, like Emily from New York, who says, "...public radio provides access to good, reliable information and thought-provoking entertainment. Fresh Air got me through tedious experiments in graduate school." Since NPR is no longer receiving federal funding, I want to do my part to support this important resource, unquote.

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86.914 - 111.299 Terry Gross

Thanks, Emily. I'm proud we helped you get through graduate school. No matter how and when you started listening, I hope you'll make your Giving Tuesday gift now by signing up for NPR+. It's a simple recurring donation that gets you perks to NPR's podcasts, like bonus episodes from Fresh Air and other shows. So join us at plus.npr.org.

111.759 - 134.545 Terry Gross

Thanks again for your support, and let's get on with the show. This is Fresh Air. I'm Terry Gross. My guest, Alex Horton, is the reporter who broke the story that's been dominating the news since last Friday when it was published in The Washington Post. It's about what happened on September 2nd when the U.S. military carried out the first deadly strike on a Venezuelan boat in the Caribbean.

134.525 - 154.417 Terry Gross

All 11 aboard were killed. The Trump administration alleged the targets were narco-terrorists and that the boat was carrying drugs, despite providing no evidence. However, two of the crew actually survived the initial strike. They were alive in the water holding on to the wreckage when they were killed in a subsequent strike.

155.119 - 175.614 Terry Gross

Horton and his colleague Ellen Nakashima reported that the command to kill the survivors was issued by Admiral Frank Bradley, the special operations commander overseeing the mission. and that he was complying with Defense Secretary Pete Hexeth's verbal command to kill everyone on board. But Hexeth's order came before the actual strikes.

176.275 - 196.125 Terry Gross

The Washington Post report led to House and Senate lawmakers from both sides of the aisle to call for reviews of the boat strikes. Some are raising the question of whether this amounts to a war crime or murder. The U.S. military has conducted strikes on at least 20 other vessels of alleged drug smugglers, killing dozens in the last few months.

Chapter 2: What happened during the September 2nd attack on the Venezuelan boat?

594.655 - 618.451 Alex Horton

So there are very clear protections. And this came out of World War II when this happened on both the Allies and the Axis side of people who were shipwrecked getting engaged when they couldn't do anything about it. So now the rule for... international war and lawfare is you need to protect people who are shipwrecked and you can't shoot them again in a circumstance like this.

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619.192 - 635.428 Alex Horton

Now, there is room for nuance. How destroyed was that boat? Did Bradley make a determination that it was still seaworthy? That part's unclear at this moment. So there is some wiggle room if you want to say they were legitimate targets because they could have gotten out of there.

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636.337 - 644.348 Terry Gross

Was Secretary Hexeth's order ambiguous? Did the order need to be more specific?

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645.109 - 664.977 Alex Horton

We're still trying to understand the contours of that order, that verbal order. You know, the manner in which he gave it. Was it a swashbuckling, swagger type of thing, as he has grown to do as the defense secretary? Was it a formal directive to Bradley and how many people heard it? These are all things we're still trying to figure out.

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665.564 - 679.243 Terry Gross

Speaking of swashbuckling orders, I want to play something Hexeth said to military leaders when he gathered military leaders from around the globe in Quantico, Virginia on September 30th.

680.144 - 690.559 Pete Hegseth

We fight to win. We unleash overwhelming and punishing violence on the enemy. We also don't fight with stupid rules of engagement.

Chapter 3: What were the U.S. military's justifications for the strike?

691.433 - 707.559 Pete Hegseth

We untie the hands of our warfighters to intimidate, demoralize, hunt and kill the enemies of our country. No more politically correct and overbearing rules of engagement. Just common sense, maximum lethality and authority for warfighters.

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709.683 - 715.973 Terry Gross

So, Alex, look, is Hexeth saying we're just ignoring the rules of engagement now because we decided to?

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717.455 - 735.565 Alex Horton

You know, this is something that the Senate and the House Armed Services Committees are looking to entangle is any number of things to include, you know, what were the authorities taken and do they violate any rules of engagement? You know, I think it's important to remember, you know, Agseth, I think, made it pretty crystal clear his view on this.

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735.545 - 754.803 Alex Horton

As you may know, you know, before he was defense secretary, one of his priorities while he was a Fox News host on the weekends was to champion Iraq and Afghanistan veterans that he felt were unfairly prosecuted for war crimes. And there were a number that, you know, weren't just accused, but were convicted.

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755.284 - 780.992 Alex Horton

He talked about this consistently, that he feels military attorneys who offer the advice of how to conduct yourself lawfully, that it's too overbearing. It's too bureaucratic of a process and too soft. And he would prefer that war is left to what he calls the warfighters and not to the military lawyers.

780.972 - 797.344 Alex Horton

All of that is an academic exercise that's besides the point that these are civilian traffickers who are alleged criminals but not lawful combatants. So therefore, you know, everything I laid out about, you know, what it's like to be in combat and making these decisions and the distinctions.

797.324 - 811.149 Alex Horton

What they're saying is this, it is all moot because this is homicide or murder on the high seas rather than this trying to pick apart the nuances of military law. That is, it is a separate thing entirely.

811.79 - 817.58 Terry Gross

If you're just joining us, my guest is Alex Horton. He's a Washington Post national security reporter. We'll be right back.

Chapter 4: How did the command to kill survivors come about?

817.82 - 836.477 Terry Gross

This is Fresh Air. Let's get back to my interview with Alex Horton, a Washington Post national security reporter. He was the lead reporter on the story he broke with his colleague Ellen Nakashima last Friday about the U.S. military strike on an alleged Venezuelan drug smuggling boat in early September.

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836.457 - 860.212 Terry Gross

After nine of the 11 people on board were killed, two survivors were in the water clinging to the wreckage. They were killed in a subsequent strike. According to Horton's reporting, the admiral who gave the command to kill the survivors was in compliance with Defense Secretary Pete Hex's order to kill all the people aboard. The order was issued before the attack.

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860.232 - 884.74 Terry Gross

We recorded our interview yesterday morning. Later in the day, President Trump and Defense Secretary Pete Hexeth commented on the story in a cabinet meeting. Horton returned to fresh air this morning so I could ask him about his reaction to what they said. Well, let's hear what Trump and Hexeth had to say at yesterday's cabinet meeting. Let's start with Hexeth. Here's his comment.

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884.939 - 902.933 Pete Hegseth

Now, the first couple of strikes, as you would, as any leader would want, you want to own that responsibility. So I said, I'm going to be the one to make the call after getting all the information and make sure it's the right strike. That was September 2nd. There's a lot of intelligence that goes into that, building that case and understanding that a lot of people providing information.

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903.494 - 921.988 Pete Hegseth

I watched that first strike live. As you can imagine, the Department of War, we got a lot of things to do. So I didn't stick around for the hour and two hours, whatever, where all the sensitive site exploitation digitally occurs. So I moved on to my next meeting. A couple of hours later, I learned that that commander had made the, which he had the complete authority to do.

922.769 - 929.762 Pete Hegseth

And by the way, Admiral Bradley made the correct decision to ultimately sink the boat and eliminate the threat. He sunk the boat.

930.164 - 953.455 Pete Hegseth

sunk the boat and eliminated the threat and it was the right call we have his back and the american people are safer because narco terrorists know you can't bring drugs through the water and eventually on land if necessary to the american people we will eliminate that threat and we're proud to do it so you didn't see any survivors to be clear after that

953.435 - 975.274 Pete Hegseth

I did not personally see survivors, but I stand because the thing was on fire. It was exploded in fire or smoke. You can't see anything. You got digital. This is called the fog of war. This is what you and the press don't understand. You sit in your air conditioned offices or up on Capitol Hill and you nitpick and you plant fake stories in the Washington Post about kill everybody.

975.254 - 991.638 Pete Hegseth

phrases on anonymous sources not based in anything, not based in any truth at all. And then you want to throw out really irresponsible terms about American heroes, about the judgment that they made. I wrote a whole book on this topic because of what politicians and the press does to war fighters.

Chapter 5: What are the international laws regarding attacks on shipwrecked survivors?

2005.176 - 2028.17 Alex Horton

Like I said, I'm not the adjudicator. I will say the Department of Defense's manual has lines in there that says you should not follow an order that is illegal. And the example it gives is firing on someone that is shipwrecked. It just so happens that what we're talking about is an example. But then it just goes back to were they shipwrecked or were they not?

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2029.692 - 2036.543 Terry Gross

Trump has threatened to recall Democratic Senator Mark Kelly to active duty in the military and then have him court-martialed.

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2037.333 - 2047.394 Alex Horton

Yes, to put him on active duty, to try him on military court, yes. To say he has incited the military and he needs to come back and face discipline under military law.

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2047.795 - 2053.367 Terry Gross

And what he said was that you have to follow the rules. I mean, that was the gist of what he said.

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2053.347 - 2074.901 Alex Horton

Yeah, that's right. I mean, the message they delivered was, you know, there is a responsibility for everyone to follow lawful orders and when the time comes for an illegal order to disobey it. And that's not a controversy. I mean, it is because it's political and these are Democrats. This is just the age we live in. But, you know, when you strip all that away, that is what you expect U.S.

2074.921 - 2075.642 Alex Horton

service members to do.

2075.723 - 2085.885 Terry Gross

So do you think that these attacks on people who Trump is labeling as narco-terrorists is part of Trump's efforts to oust Venezuela's President Nicolas Maduro?

2087.89 - 2106.99 Alex Horton

It's hard to say what the connective tissue is between these missions and the larger military buildup. Because as I mentioned, 99.9% of the forces that are in the Caribbean are not striking the boats. This is done by a very small, select, elite crew of targeters and intelligence operatives.

2107.57 - 2118.021 Alex Horton

So then it becomes, okay, well, if they're not doing anything about the boats, or maybe they're supporting it in some ways, like intel or whatever... What are they actually accomplishing in the Caribbean?

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