Article I: Murder and conspiracy to murder

Section 1111 of title 18, United States Code, provides that Murder is the unlawful killing of a human being with malice aforethought and that Every murder perpetrated by... willful, deliberate, malicious, and premeditated killing... or perpetrated from a premeditated design unlawfully and maliciously to effect the death of any human being other than him who is killed, is murder in the first degree. Section 1111 of title 18, United States Code, further provides that Within the special maritime and territorial jurisdiction of the United States, Whoever is guilty of murder in the first degree shall be punished by death or by imprisonment for life. Section 1117 of title 18, United States Code, provides for the offense of conspiracy to murder, in that If two or more persons conspire to violate section 1111, 1114, 1116, or 1119 of this title, and one or more of such persons do any overt act to effect the object of the conspiracy, each shall be punished by imprisonment for any term of years or for life. Additionally, section 2441 of title 18, United States Code, provides, in relevant part, that the term war crime means any conduct that constitutes a grave breach of common Article 3 of the Geneva Convention of 1949, to include murder and intentionally causing serious bodily injury, amongst other items. Secretary Peter B. Hegseth is the principal civil officer in command of the Armed Forces of the United States, subordinate only to the President as Commander-in-Chief, and is empowered by law to supervise and issue orders to the Armed Forces. On September 2, 2025, acting on the orders of Secretary Hegseth, the Armed Forces commenced a campaign of lethal strikes and extrajudicial killings against small boats in the Caribbean Sea and the eastern Pacific Ocean. This campaign has supposedly been targeted against drug smugglers the administration claims are narco-terrorists, without providing any evidence to that effect. This campaign has been conducted without any authorization in law or by Congress for the use of military force. This campaign has included no attempt to intercept and board the targeted vessels, and has provided no warnings or opportunity to comply, as would be done in the case of lawful drug interdiction operations. In particular, on September 2, 2025, the first such boat strike was carried out in the Caribbean Sea, off the coast of South America. The boat contained 11 persons, whose identities were and remain unknown to the American public. Experts have observed that this large number of people in such a small vessel would be more likely indicative of migrants than of drug smuggling. Given its location, it is likely the boat was transiting from Venezuela to Trinidad and Tobago, an island nation located just off of its shore. The boat in question was incapable of reaching the United States, thousands of miles away, without refueling numerous times. All evidence of the boat’s cargo and purposes has now been destroyed. Secretary Hegseth gave an order to carry out this strike. In so doing, Secretary Hegseth also gave a spoken directive, described by someone with direct knowledge of the operation as [t]he order was to kill everybody, and confirmed by multiple credible sources to have included words substantially to that effect. An initial strike on the targeted boat rendered the vessel inoperable, effectively destroyed, and resulted in the death of the majority on board. At least two survivors were subsequently observed clinging to the wreckage. In compliance with the order of Secretary Hegseth, the Armed Forces carried out a second strike with the express, willful, and deliberate purpose of killing the shipwrecked survivors of the initial strike. The Law of War Manual of the Department of Defense, which provides authoritative legal guidance for military conduct, states It is forbidden to declare that no quarter will be given, and combatants placed hors de combat must not be made the object of attack. The murder of shipwrecked survivors is the most fundamental example, established by centuries of precedent, of an unambiguous crime on the high seas. This principle has been aggressively upheld and enforced by the United States in past conflicts. It is a practice absolutely prohibited under all circumstances, including against members of a combatant enemy force in a genuine war or armed conflict. According to longstanding international and United States law, commanding military officers and superior civil officers are subject to the doctrine of command responsibility for crimes committed by their subordinates in the chain of command. They are also responsible for the reasonably foreseeable consequences of their orders, and for ensuring all orders are carried out in a lawful manner. Secretary Hegseth has betrayed his trust as Secretary of Defense, violated the criminal laws and international obligations of the United States, exposed members of the Armed Forces to potential liability and harms, imperiled our most fundamental principles of civil-military relations, and tarnished the good standing and reputation of the United States in the community of nations, all in the course of committing one of the most flagrant and notorious of crimes, long recognized by all civilized societies. In all of these things, Secretary Hegseth has committed the high crimes and misdemeanors of murder and conspiracy to murder. Wherefore, Secretary Hegseth, by such conduct, warrants impeachment and trial, removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the United States.