Trump Faces SCOTUS FTC Ruling, Hegseth Boat Strike Backlash

Giuseppe de vita
Credit: CNN

USA (Brussels Morning Newspaper) – The US Supreme Court signals support for President Donald Trump’s authority to fire Federal Trade Commission member Rebecca Kelly Slaughter without cause, potentially reshaping independent agencies. Meanwhile, Defense Secretary Pete Hegseth defends boat strikes on alleged drug vessels amid bipartisan criticism over a reported ‘kill everybody’ order, with Trump backing him publicly.

Supreme Court Hearing on FTC Firing

A significant portion of the Supreme Court appeared inclined to back President Donald Trump’s position that he should hold authority to dismiss members of independent agencies, protected from presidential influence for nearly a century. During over two hours of oral arguments, the court’s conservative majority of six justices pressed lawyer Amit Agarwal, representing Rebecca Kelly Slaughter fired from her FTC position by Trump in March suggesting a potential overhaul of federal government structure.

Justice Brett Kavanaugh questioned Agarwal on the notion that independent agencies remain unaccountable to the public, noting agency members are not elected like Congress and the president wields power over individual freedoms and multi-billion-dollar sectors. Chief Justice John Roberts challenged the relevance of the 1935 Humphrey’s Executor v. US case, which Slaughter’s side invoked; this precedent allowed Congress to require presidents to justify dismissals of agency leaders. Roberts stated the ruling does not align with the modern FTC’s structure, which holds substantial executive power warranting presidential oversight.

Historical Context of FTC Dispute

The case stems from Trump’s March dismissal of Rebecca Kelly Slaughter, a Democratic FTC commissioner, without stated cause, overturning a lower court injunction that had reinstated her. Justices’ exchanges hinted at revisiting long-standing protections for independent agencies, with a decision expected before June’s term end.

As reported by CNN politics team, the conservative justices’ focus on accountability underscored Trump’s argument for greater executive control.

Hegseth Boat Strikes Spark Bipartisan Criticism

Defence Secretary Pete Hegseth, a former Fox News host lacking prior Pentagon experience, faces pressure amid reports of ordering US Navy SEALs to fire on two survivors of an initial boat strike to fulfil a ‘kill everybody’ directive. The Washington Post detailed the September 2 incident on a vessel allegedly smuggling drugs, prompting White House and Defence Department accusations of fabrication.

President Trump defended Hegseth, telling reporters he believed the secretary’s denial and would investigate, while praising him with ‘Good job’ amid congressional backlash. Hegseth called the report ‘fabricated’ and ‘inflammatory’, insisting on X that it discredited warriors protecting the homeland.

Administration’s Defence of Strikes

White House press secretary Karoline Leavitt confirmed the secondary strike occurred but attributed the order to Navy Vice Adm. Frank “Mitch” Bradley, deeming it within his authority and legal bounds. Hegseth echoed this at a December 2 Cabinet meeting, stating, ‘We always have the back of our commanders who are making decisions in difficult situations… They’ve done the right things’.​

The US has conducted strikes on at least 21 boats since early September, the latest in mid-November, with Hegseth noting a pause due to deterrence success: ‘It’s hard to find boats to strike right now. Which is the entire point’. He rejected prior ‘rinse and repeat’ arrests, favouring strikes over captures.

As covered by USA Today staff, lawmakers from House and Senate Armed Services committees launched reviews into the September strikes, questioning legality across parties.

Congressional and Political Reactions

Senate Armed Services Committee Chairman Roger Wicker (R-Miss.) and Jack Reed (D-R.I.) announced thorough oversight to establish facts. The House Armed Services Committee initiated a parallel probe.

Republican Senator Tom Cotton described the four strikes on the boat as ‘entirely lawful and needful’, claiming survivors tried flipping the vessel to continue fighting. Democratic lawmakers called for Hegseth’s resignation or firing over the strikes and a separate Signal messaging controversy.

In a YouTube segment by WCNC, the administration insisted the operation near Venezuela complied with law despite The Washington Post’s claims of Hegseth’s verbal order.​

Trump’s Stance and Cabinet Meeting

During the December 2 Cabinet meeting, President Trump hosted discussions as scrutiny peaked, with Hegseth asserting strikes defend Americans. Trump reiterated support, aligning with Hegseth’s view that commanders exercised judgement properly.

As reported by The Independent’s US politics team, Trump’s loyalty shields Hegseth despite his history of drinking issues and misconduct allegations.

Broader Implications for Agencies and Military

A Supreme Court win could profoundly transform federal oversight, empowering Trump over agencies like the FTC handling antitrust and consumer protection. On military actions, Hegseth affirmed President Trump’s right to deploy force ‘as he sees fit’ against cartel-linked boats.

The Straits Times noted Hegseth’s job appears secure for now amid scandals. Economic Times highlighted his defence of aggressive tactics. Yahoo News Singapore covered mounting pressures from boat strikes and Signal use.

Ongoing Investigations and Deterrence Claims

Bipartisan lawmakers probe circumstances, with experts deeming follow-up strikes potentially unlawful. Hegseth emphasised deterrence’s role in reducing cartel activity.

CNN live updates linked the hearing to Hegseth scrutiny, capturing dual Trump administration pressures. Washington Post updates detailed Cabinet timing amid backlash.

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Giuseppe De Vita is a journalist at Brussels Morning News, He is covering European politics, Law and Technology news. Lawyer at De Vita & Partners Law Firm specializing in Criminal Law, Military and Space Law, and Cyber Security. In April 2023, he authored the monograph "Governance in Extraterrestrial Space", showcasing his extensive legal expertise. He has acquired vast experience in handling criminal and civil matters, managing litigation before various levels of jurisdiction across the national territory. In 2010, he obtained a Master's degree in Information Technology Law. Additionally, in the same year, he served as a teacher in criminal-IT subjects at the Penitentiary Police School of Portici, providing courses aimed at officials and managers of the Penitentiary Police and the Penitentiary Administration, focusing on IT security. He also serves as a Workplace Safety teacher, conducting training courses at various organizations and educational institutions. Moreover, he is a lecturer on Anti-Corruption and Transparency. The law firm, under his guidance, assists both private and corporate clients in court, accumulating significant experience in criminal and civil disputes over the years. Furthermore, it conducts Risk Management and Compliance, Cyber Resilience, and Cyber Security activities, with a specific focus on privacy protection (EU Regulation 2016/679 - GDPR). Giuseppe frequently publishes articles in legal journals, analyzing various regulatory issues. He has contributed articles to the legal journal Altalex, of which he is also a member of the Scientific Committee.
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