Lowering the Bar
banner
loweringthebar.bsky.social
Lowering the Bar
@loweringthebar.bsky.social
Legal humor. Seriously.

By Kevin Underhill
The justification was the “‘assumption the drugs could still conceivably be on that boat, even though you could not see them,’ Smith said, ‘and it was still conceivable that these two people were going to continue on their mission of transmitting those drugs.’”
NEWS --> Tons of fresh detail on what video of the strike shows: Rep Adam Smith says two men are sitting on capsized boat, drugs aren't visible. Rationale officials gave for killing is they *may* have been able to keep trafficking.

"It's bad," Smith says.

Read here:
newrepublic.com/article/2039...
Hegseth Defense Collapses as Dems Reveal Horrific Video Strike Details
The ranking Democrat on the House Armed Services committee tells TNR after watching the video: “This is a big, big problem.”
newrepublic.com
December 4, 2025 at 7:57 PM
That’d be great. The problem as always is how to value an outcome that doesn’t necessarily have a dollar sign attached to it. One of the many questions AI won’t be able to answer.
(WSJ) - Is the billable hour about to become a thing of the past?

@wsj.com
www.wsj.com/tech/ai/ai-g...
December 4, 2025 at 7:54 PM
The first strike was murder. The second strike was to murder the witnesses to the previous murders. The quote is a president of the United States saying his hit men should’ve done a better job to begin with.
Reporter: If there were a second strike that killed wounded people, would that be legal?

Trump: I don’t know that happened and Pete said he did not even know what people were talking about. I wouldn’t have wanted a second strike. The first strike was very lethal. It was fine.
December 4, 2025 at 7:36 PM
“The security researcher also pointed out that given Kohler can access customers’ data on its servers, it’s possible Kohler is using customers’ bowl pictures to train AI.”
December 4, 2025 at 2:08 PM
Was his “legal adviser” named Pete Hegseth?

Someone should really advise him not to say this because it’s the kind of breathtakingly, hilariously stupid statement for which a person will always be remembered. “Oh, the guy who said the swimmers were ‘continuing their drug run’? LOL”
A top admiral is expected to tell lawmakers tomorrow that he and his legal adviser concluded that the two survivors of a boat strike in September were attempting to continue their drug run, making them and the damaged vessel legitimate targets for another attack.

www.wsj.com/politics/nat...
Exclusive | Survivors of Boat Strike Were Actively Continuing Drug Mission, Admiral to Tell Lawmakers
Adm. Frank “Mitch” Bradley, the commander of the September attack, is set to provide an account of his role for the first time in a closed briefing.
www.wsj.com
December 4, 2025 at 1:59 PM
Reposted by Lowering the Bar
Two things:

1) How can people floating in open water continue a drug run? Swim a thousand miles towing a crate?

2) More importantly, drugs are not weapons, and a drug run is not a national security threat, especially not an immediate one to the world's most powerful navy.
A top admiral is expected to tell lawmakers tomorrow that he and his legal adviser concluded that the two survivors of a boat strike in September were attempting to continue their drug run, making them and the damaged vessel legitimate targets for another attack.

www.wsj.com/politics/nat...
Exclusive | Survivors of Boat Strike Were Actively Continuing Drug Mission, Admiral to Tell Lawmakers
Adm. Frank “Mitch” Bradley, the commander of the September attack, is set to provide an account of his role for the first time in a closed briefing.
www.wsj.com
December 4, 2025 at 1:32 AM
Reposted by Lowering the Bar
It’s the 47th anniversary of the raid on Cynthia Payne’s house in Ambleside Avenue, Streatham, in which police found men (including, apparently, a Lord, an MP, and some vicars) queueing on the stairs waiting to pay for sex with luncheon vouchers
December 4, 2025 at 1:16 PM
Was the “defense official” who said this named Pete Hegseth?

No admiral saw two guys clinging to the wreckage of a boat as “legitimate targets.” And the claim he thought they were “continuing their drug run” is hilarious. They were swimming towards Florida towing a bale of drugs?
December 4, 2025 at 1:38 PM
Reposted by Lowering the Bar
It isn't a war. If it were, the strikes are still war crimes.

The drugs weren't headed to the U.S.

The people killed were likely poor, low-level smugglers, not drug lords.

Most overdose deaths are from fentanyl. Fentanyl doesn't come from South America.

Everything else Marshall says is correct!
Sen. Roger Marshall defends Hegseth: "Look, we're losing 200 Americans every day to drug poisoning from these drug lords. This is a war. And it's ugly. War is never pretty ... that strike probably saved thousands of American lives."
December 3, 2025 at 2:47 PM
Reposted by Lowering the Bar
“Defense Secretary Pete Hegseth seems to be a war criminal. Without a war. An interesting achievement.” -George Will www.washingtonpost.com/opinions/202...
Opinion | A sickening moral slum of an administration
Regarding Venezuela, Ukraine and much more, Trump and his acolytes are worse than simply incompetent.
www.washingtonpost.com
December 3, 2025 at 6:53 AM
“If the President intentionally shot a baby in the face, would that be wrong?”

“Let’s not rush to judgment before knowing all the facts”
RAJU: If defenseless survivors were killed, would that constitute a violation of the laws of war?

MIKE JOHNSON: I'm not going to prejudge any of that. I was pretty busy yesterday. I didn't follow a lot of the news.
December 2, 2025 at 4:11 PM
“the combat decisions HE has made”
Make no mistake about it, Pete Hegseth is throwing Admiral Bradley under the bus, all the while pretending to support him.

When things go south, and they will, Hegseth is going to make sure that Bradley is holding the gun.
December 2, 2025 at 8:11 AM
The older ones may vaguely remember a time when presidents ordering people to commit crimes was frowned upon.
cnn.com CNN @cnn.com · 2d
Many senior Republicans in Congress are now demanding more details from the White House about its recent military campaign in the Caribbean.

The push for transparency from President Donald Trump’s own party comes after weeks of mounting concerns among some GOP lawmakers.
Lawmakers demand audio and video of boat attack as follow-up strike raises concern on Capitol Hill | CNN Politics
The Republican chairman of the Senate Armed Services Committee on Monday said Secretary Pete Hegseth had confirmed to him there was a second US strike on an alleged drug boat in the Caribbean in Septe...
www.cnn.com
December 2, 2025 at 8:09 AM
Reposted by Lowering the Bar
Please, Apple, do this one right.
Neuromancer by @greatdismal.bsky.social finally gets a TV series. Could be amazing, but expectations will be high from all of us who read these books when we were young.

Count Zero was a personal fave.
Apple TV's New Cyberpunk Show That Was Called 'Unfilmable' Is the Sci-Fi Event of the Decade
One book-to-screen adaptation that was once thought impossible is finally coming to Apple TV next year--and we couldn't be more excited.
www.cbr.com
November 30, 2025 at 10:17 AM
Hm, except Hegseth denies granting that authority. I wonder who’ll end up getting blamed (officially) for these murders?

This is why you resign instead of carrying out an illegal order to murder somebody. Gonna lose your job either way. Would you rather be unemployed, or an unemployed murderer?
The White House attempted to defuse a growing controversy over an attack on an alleged drug boat in September, saying an admiral had acted legally under authority granted him by Defense Secretary Pete Hegseth.
White House Says Second Strike on Alleged Drug Boat Was Legal
An admiral who ordered the strike acted under Defense Secretary Pete Hegseth’s authority, the White House press secretary said.
on.wsj.com
December 1, 2025 at 11:31 PM
That too, but it’s also very obviously unconstitutional, no matter how many times they lie or “joke” about it.

Sure, the fact that he’ll be nearly or actually dead by then is a bonus, but it’d be illegal regardless.
Someone needs to say it. Trump 2028 isn’t happening.

We know the presidency ages you, and we’re witnessing his rapid decline. His approval is buried in the 30s, and his stamina is gone. He won’t be able to vigorously campaign.

He can pretend 2028 is inevitable, but everyone can see the truth.
November 30, 2025 at 9:51 PM
Reposted by Lowering the Bar
If the Venezuelan sailors were enemy combatants, then the 2nd strike is a war crime.

If the Venezuelan sailors weren’t enemy combatants, then both strikes are criminal murder.

It’s that simple.
November 30, 2025 at 8:42 PM
Ignore the hedge “I don’t think he would be foolish enough” (partly because of course he is). Bacon’s clear that if this happened it violated the law of war. Because we’re not at war, it was just murder, but at least he agrees it was illegal.

And *somebody* made the decision.
GOP Rep. Don Bacon: "I don't think Secretary Hegseth would be foolish enough to make this decision to say, 'Kill everybody. Kill the survivors,' because that's a clear violation of the law of war."
November 30, 2025 at 6:43 PM
Translation: yes.
KARL: Did you know about the judge's order when you issued your order for the planes to continue?

KRISTI NOEM: This is an activist judge. We comply with all federal orders that are lawful and binding.
November 30, 2025 at 6:32 PM
Reposted by Lowering the Bar
They keep booking these guests thinking that they’re informing Americans by asking “tough questions” into the air, and having them ignored.

If you want answers, invite actual experts. Look some people up. Do some “reporting” and find someone knowledgeable. Come on, already.
Kristi Noem refuses to directly answer a question about what Trump means by "remigration" -- a word that, as Kristen Welker notes, is often invoked by white nationalists in Europe
November 30, 2025 at 3:36 PM
Reposted by Lowering the Bar
Ken Roth:
"Pete Hegseth suddenly notices that he could be prosecuted for ordering the summary killing of people in boats said to be transporting drugs. There is no armed conflict, so these people should be arrested, not executed."
The backstory:
www.theguardian.com/us-news/2025...
Pete Hegseth denies he gave orders to ‘kill everybody’ on alleged ‘narco-boat’
Defense secretary called reports about his role in strike as ‘fake news’ intended to discredit US military
www.theguardian.com
November 30, 2025 at 3:40 PM
Reposted by Lowering the Bar
November 30, 2025 at 2:46 PM
Reposted by Lowering the Bar
The “kill them all” order by SecDef Hegseth would be a textbook war crime even if the original attack had been legal.
It is unfathomable that the USG lawyers would sign off on a no-survivors boat strike (no get of jail free card).

There's clear precedent dating back to World War II trial of Germans for that very act, which lawyers know well.

The Peleus World War II War Crimes Trial

www.usni.org/magazines/na...
November 29, 2025 at 4:41 PM
Reposted by Lowering the Bar
There are specific reasons Trumpists want war on Venezuela, but there‘s a generic one: they crave power to make war on anyone, any time, for completely fabricated reasons, and then to use the guise of war to increase violence and repression everywhere, including home.

They are lawless bestial scum.
November 29, 2025 at 6:28 PM
Reposted by Lowering the Bar
A Dishonorable Strike
Indulging all assumptions in favor of the administration’s boat strikes, killing helpless men is murder

www.execfunctions.org/p/a-dishonor...
A Dishonorable Strike
Indulging all assumptions in favor of the administration’s boat strikes, killing helpless men is murder
www.execfunctions.org
November 29, 2025 at 4:26 AM