King Questions Military Nominees on Legal Authority for Caribbean Attacks

WASHINGTON, D.C. - U.S. Senator Angus King (I-ME), in a hearing of the Senate Armed Services Committee (SASC), pressed Derrick Anderson, nominee to serve as Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict in the Department of Defense (DoD), about his views on the legality of the recent unprecedented lethal strikes on vessels in the Caribbean ordered by the Trump Administration. Earlier this month, a first strike on an alleged drug boat killed 11 people. A second strike was carried out just days ahead of the hearing and claimed three lives. The Administration has not publicly disclosed evidence of drugs or weapons onboard the ships, nor provided a full legal or military justification for why this deadly strike was the preferred option.

"Mr. Anderson, what is the authority for the lethal strikes on the ships in the Caribbean that have recently been carried out by the administration, that I believe would fall under your jurisdiction and the new position you are being nominated for," asked Senator King.

"Senator, I appreciate the question. I was not involved in the operation, nor do I know any of the details but what I have seen on the news in small clips, Senator, and what I can tell you is that in my capacity as a green beret, I understand the complexities of operations, planning operations, and all the different factors, but again Senator I was not involved in it," replied Mr. Anderson.

"But don't you think that one of the early things that you should assess - you listed all those things - and the first is, 'Is this a legal action of the United States government?' Wouldn't that be part of your calculation," questioned Senator King.

"Senator, again, I was not involved in that operation," stated Mr. Anderson.

"I understand that, but I am talking in the future. You might be in this job in three weeks and be ordered to strike another ship in the Caribbean. Are you going to ask a question about what is the legal authority for that strike," asked Senator King.

"Senator, certainly, and even in my capacity as a Green Beret team leader on the ground, we always had legal opinions and legal chops on our operations. So, if confirmed, Senator, I will comply with all laws and regulations and ensure that we have input from all portions of the Department," responded Mr. Anderson.

"And make no mistake, I have been urging in this Committee for years: stronger interdiction of drug smuggling coming in through the Southern Ocean. But interdiction is different than a lethal strike. I think it is just a question of, 'What is the authority?' We should have notification back and forth to Congress, that's the way this process is supposed to work. Under the War Powers Act, and under the Constitution, it is our job to declare war and it is the president's job to be Commander in Chief, so I hope you'll take that question seriously and it will be one of the first I hope you'll look into should you be confirmed for this position," concluded Senator King.

Earlier in the hearing, Senator King pressed Platte Moring, nominee to serve as the Inspector General of the Department of Defense (DoD), on his ability to remain objective and provide factual guidance without fear of influence or retribution from the Administration. Inspector Generals serve a unique role given they are embedded within a federal agency but are required to provide objective reporting to agency heads and Congress to better ensure accountability and improve government operations

Senator King began, "Mr. Moring, you're being appointed to a position that is an anomaly in any government - that is an independent watchdog over the government itself. And I guess my first question is, do you need this job? Because your predecessor was summarily fired without cause and without the statutorily required notice to Congress. So, will you take the necessary actions to look at waste, fraud, and abuse and abuse of illegal actions by the Department in your job without fear of retribution?"

"Yes, Senator. I will, in an independent and objective manner as required by the statute," said Mr. Moring.

"You understand that that is a solemn obligation because we cannot be in the Department every day. We cannot be in touch with whistleblowers, people that are of concern. You are performing an essential function in the Department, and I believe that you are eminently qualified to do so, and I think you understand that responsibility, but I would like a renewal of that commitment of independence, fearlessness, and calling them as you see them," requested Senator King.

"Senator King, as we discussed in your office yesterday, you have my commitment to be everything that you just described. It has been a hallmark of my legal career to provide independent, unbiased legal advice whether it is to a client, commander, or the general counsel of the Department," replied Mr. Moring.

"I believe you will do that, and for that reason I will support your nomination," finished Senator King.

As a member of the Senate Armed Services Committee and the Senate Select Committee on Intelligence, Senator King is recognized as an authoritative voice on national security, foreign policy issues, and an active, vocal supporter of the importance of democratic values and defeating terrorism. Senator King traveled to the Middle East earlier this year, to get a closer look at the threats to stability in the region, calling for continued American engagement in the region. This summer, Senator King pressed a Department of Defense (DoD) nominees on his thoughts about the current role of ISIS, Al-Qaeda and other terrorists groups in the African region.

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