(WASHINGTON) — Members of Congress are tracking to pass new legislation that would compel Defense Secretary Pete Hegseth to provide lawmakers the unedited military video of 11 people being killed in the Caribbean Sea on Sept. 2 after an initial strike on a suspected drug boat left two passengers alive in the water.
A provision tucked into the annual, must-pass Pentagon spending and policy bill says the Defense Department should hand over unedited copies of video to the House and Senate Armed Services committees. If the department does not comply, Hegseth’s travel budget would be slashed by 25% until the relevant videos are turned over, according to the legislation.
The provision could be amended before the bill is voted on in either chamber.
The House is expected to hold a floor vote on the bill this week. The Senate must take it up for a floor vote by the end of the month.
At issue is whether the Sept. 2 military strike on the alleged drug boat amounted to a war crime. Officials have confirmed there were four military strikes against the boat — the first strike killing nine of the 11 people aboard. Some 40 minutes later, a second strike was ordered to kill the remaining two survivors. Two more strikes were ordered to sink the boat, officials say.
Lawmakers who have seen portions of the video of the strikes in a classified briefing last week have described the state of the survivors before being killed by the U.S. military in starkly different terms. Democrats insisted the survivors were helpless and should have been rescued to comply with international laws that call for either sides in a conflict to help combatants who fall overboard or are shipwrecked. Republican Sen. Tom Cotton, however, said the survivors were trying to “flip” the boat “so they could stay in the fight.”
President Donald Trump last week said he is open to releasing the video.
“I don’t know what they have, but whatever they have, we’d certainly release, no problem,” he told reporters in the Oval Office last Wednesday.
Hegseth, however, has not committed to doing so. Speaking at the Reagan National Defense Forum on Saturday, Hegseth said he was concerned that releasing the video could expose sources and methods tied to an ongoing operation. He said the military uses “bespoke capabilities, techniques, procedures” that would have to be protected.
“I’m way more interested in protecting that than anything else. So, we’re viewing the process, and we’ll see,” he said.
Hegseth also has suggested that the people killed in the strike were an imminent threat.
“I was told, ‘Hey, there had to be a reattack, because there were a couple folks who could still be in the fight [with] access to radios.’ There was a link-up point of another potential boat, drugs were still there … I said, ‘Roger, sounds good,'” Hegseth said.
Rep. Adam Smith, the top Democrat on the House Armed Services Committee who was briefed on the video, said there were no radios and called Hegseth’s description “ridiculous.”
“They ought to release the video. If they release the video, then everything that the Republicans are saying will clearly be portrayed to be completely false and people will get a look at it and they will see,” Smith said.
ABC News’ Lauren Peller and Allison Pecorin contributed to this report.
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