Legal Analyst Andrew Napolitano from Newsmax Criticizes Pete Hegseth in Shocking Commentary: ‘Should Face Prosecution for a War Crime!’

On Tuesday, Newsmax's senior judicial analyst, Judge Andrew Napolitano, stated that Defense Secretary Pete Hegseth could face prosecution for a war crime due to his directive to eliminate all individuals aboard a suspected drug trafficking vessel in early September.

Anchor Shaun Kraisman introduced Napolitano on the network, emphasizing that the White House maintains the actions were lawful, aimed at intercepting drug shipments bound for the United States. Kraisman noted some ambiguity regarding the orders, prompting Napolitanos response.

Napolitano expressed frustration that the White House has not disclosed the legal basis for the presidents decision, despite claims of a Justice Department opinion. He described the order as a war crime, highlighting that international and U.S. military law requires rescuing survivors rather than killing them. Napolitano argued that all individuals involvedfrom the Secretary of Defense to those executing the ordersshould face prosecution under military law.

Kraisman asked who would carry out such prosecutions, and Napolitano explained that active duty military personnel would be subject to court-martial, while Congress is also likely to investigate. He criticized the administrations justification of self-defense for targeting two people clinging to a burning vessel, calling the claim illogical.

The broadcast included a clip of White House Press Secretary Karoline Leavitt stating that the September 2 strike was conducted in self-defense in international waters and complied with the law of armed conflict. Napolitano countered that international law mandates rescuing survivors, not killing them, and that the situation could prompt investigations from both congressional houses.

Napolitano stressed that the administrations labeling of the individuals as "narco terrorists" does not provide legal justification, as this term is political, not a recognized legal category for lethal action. He noted that the vessel was too far from the United States to pose an imminent threat, making the self-defense argument invalid.

Throughout the discussion, Kraisman acknowledged the severity of Napolitano's statements, and the judge reiterated that his comments were grounded in legal analysis, not personal opinion. Napolitano emphasized that these actions could carry severe legal consequences if fully prosecuted under U.S. and international law.

The report originally appeared on Mediaite, highlighting Napolitanos sharp criticism of Hegseth and the administrations handling of the incident.

Author: Sophia Brooks