Donald Trump never saw a limit on his executive authority that he didn’t want to stretch to the breaking point, and then some, usually at the Supreme Court. The controversy over the alleged military orders to “kill them all” and the “double tap” attacks on helpless survivors of alleged illicit, drug-laden speedboats in the Caribbean waters off Venezuela exposes a Constitutional constraint that is fundamental to the limits of his power as commander in chief, despite all his efforts to sweep away the usual checks that bound prior Presidents. His military commanders swear an oath to the Constitution, not to the President, nor to the Secretary of Defense. A military strategy that ignores that will ultimately collapse.
A partial collapse is evident already with the alleged “double tap” orders that bedevil Secretary Hegseth, as he runs away from responsibility for the orders someone apparently gave to our commanders to circle back and shoot any survivors in the Caribbean waters. The Former JAGS Working Group, JAG attorneys who would know, stated on Nov 29, 2025, about “No Quarter” orders in the Caribbean Boat strikes. They conclude that “…since orders to kill survivors of an attack at sea are “patently illegal,” anyone who issues such orders can and should be prosecuted for war crimes, murder, or both.” The Republican chairs of the House and Senate Armed Services Committees in an unprecedented challenge to Trump from his own party will hold hearings on this issue. Good luck getting a commander to issue a “double tap” order again in the future.
The less obvious, but equally important, issue is why our military was shooting to sink civilian boats in the first place, as that by law is only permitted in wartime. At what point will our commanders balk as Trump’s pledges on Dec. 2, to attack the narco-terrorist groups he designates anywhere they appear, on land or sea and not just in Venezuela? He is fashioning his own unprecedented, global war powers resolution against these groups without any Congressional involvement. Apparently, more than one top commander has already retired rather than execute such orders.
When he took office Trump took pains to eliminate checks on his power so he can expect unswerving obedience from the executive branch. He fired the top judge advocate generals (JAG) of the Army, Navy and Air Force who oversee hundreds of JAG officers who advise commanders on the lawfulness of orders they are about to issue. He also fired most of the inspector generals (IGs) who oversee federal agencies. (Trump missed one at the Pentagon who just issued a report critical of Hegseth’s conduct.) Trump replaced most of the senior officials in the Pentagon with lackeys like Hegseth whose commitment is to Trump, not the Constitution, despite the oath they swore. You can only fire so many military commanders before your army resembles that of Vladimir Putin, unswervingly loyal to him, but incompetent.
Prior to September 2, the Trump administration used the Coast Guard, part of Homeland Security, not the Department of Defense, to counter drug smuggling at sea, as had every prior administration. The Coast Guard, not the Navy, interdicted suspected boats, inspected and seized illicit cargos, questioned and perhaps arrested the crew, but did not harm them unless they fired on the Coast Guard. It cannot lawfully just sink boats and kill crews outright.
Beginning Sept. 2, Secretary Hegseth announced with much legal arm waving that because the Administration had determined that we are “at war” with specific narco-terrorist groups based in Venezuela, but not with the country itself, the Department of Defense would take over the Coast Guard role. (The law provides for that transfer of authority in the event of war.) That meant that Hegseth, not the Coast Guard Commandant, would take over and handle interdiction operations and the press conferences.
We are now in uncharted waters as Trump seeks to implement his own global war powers resolution across multiple countries without Congressional input. In the past where military commanders had qualms about an order, they relied in part on JAG officers for advice. Commanders deserve competent unbiased advisors if we expect them to honor their oath to the Constitution. Congress would do well to investigate if commanders are confident in that advice. Is the administration pursuing a strategy against these narco-terrorists that is clearly consistent with the Constitution? This is fundamental to the success of our military forces in any operation.
Jim Bruce, a former Captain in the U.S. Army, lives in St. Michaels
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