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Hegseth Impeachment Articles: The Three Words That Decide It and What Federal Employees Should Know

federal employees hegseth impeachment senate shaun southworth unlawful orders war powers resolution
 

Many federal employees have asked what we think about the articles of impeachment against Secretary of Defense Pete Hegseth, so we read all 34 pages. This is a little off topic for us, but it helps to understand the process so you stay ahead of the curve. Many people misunderstand impeachment: the hard part is not the impeachment vote, it is conviction.

The Three Words: Executed Unlawful Orders

The charge that runs through five of the eight articles is that Hegseth executed unlawful orders. Not that he gave them, but that he executed them. The articles say the president gave the orders.

The Legal Fight

The defense points to the War Powers Resolution itself, which says the President shall terminate, and notes that it never mentions the Secretary of Defense. The other side argues that an official who carries out an illegal order owns it.

What This Means for Federal Employees

Federal employees know which rule they live under. Federal law protects you when you refuse an order that would require you to violate the law, and "I was told to" has never been your defense. AFGE, which represents about 820,000 workers, asked the House to vote yes.

We think the legal theory is sound, and impeachment does not require a crime. But the articles add one more word: knowingly. That is the hard one. The president told Congress in writing that hostilities had terminated, and that is Hegseth's cover.

How the Process Works

One member forced this vote, and the House needs a simple majority. After that, watch one number: not 67, but 51. In 2024, the Senate dismissed the Mayorkas impeachment without hearing a single witness, on 51 votes. Republicans hold the Senate gavel until January.

Our Read

Our read is that the House could vote to impeach, that conviction is unlikely, and that the calendar decides the rest. But we do not know. The full 34-page resolution is posted on Rep. Massie's House site. Should following the president's orders be impeachable? We would like to hear what you think.

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Legal Disclaimer: This content is for general informational purposes only and does not constitute legal advice. Federal employment situations are fact-specific and time-sensitive. Please consult a qualified federal employment attorney about your specific situation. You can contact Southworth PC at attorneysforfederalemployees.com.

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