Advisory Opinions ‘Kill Everybody’
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Dec 2, 2025 The hosts dive into Defense Secretary Hegseth's controversial military orders regarding drug-trafficking boats, dissecting the legality and implications of 'kill everybody' directives. They address the ramifications of legal decisions on combat and explore the Pentagon’s personnel turmoil. The discussion also touches on the 11th Circuit's sanctions against Trump’s legal team, scrutinizing the impact of loyalty over competence. Additionally, they review key Supreme Court advocacy moments and criticize a documentary for lacking legal depth.
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Operators Can't Hide Behind War Legality
- Military personnel must presume an operation's legality but remain liable for manifestly unlawful orders on the ground.
- Individual operators cannot rely on the legality of a war to excuse following an order that is unlawful on its face.
No-Quarter Orders Violate Laws Of War
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Seek Clarification On Ambiguous Orders
- When faced with an ambiguous order that could be unlawful, subordinates must seek clarification rather than assume the unlawful meaning.
- Choosing the interpretation that avoids committing a war crime is the prudent and required path.