Defense Secretary Pete Hegseth called the impeachment push against him a "sham" in a video Thursday, and Rep. Thomas Massie answered that he will refile the articles next week. The text Massie wrote has eight articles, and the one aimed at Hegseth's handling of Iran leans on a war powers vote that passed the House 215-208 and the Senate 50-48, but that Lawfare reports "never has the force of law."
What did Hegseth actually say?
Reuters, as carried by The New Arab, reports Hegseth posted a video of more than four minutes calling the effort a "sham," noting that President Trump was impeached twice, and saying "We will not back down." He called the Iran war "courageous and historic." Newsweek quotes him as saying "Didn't work against President Trump, and it won't work with me."
I did not watch the video itself, so those lines come from the wire and Newsweek. The same Reuters report says Trump said Hegseth had "done a fantastic job," and that the Pentagon says Hegseth is "100 percent committed" to serving until the end of Trump's term.
What are the eight articles?
Massie's draft is titled "Impeaching Peter Brian Hegseth, Secretary of Defense, for high crimes and misdemeanors." It lists no cosponsors and leaves the resolution number blank. Articles I through III charge violations of the War Powers Resolution, and Article IV blames the Minab school strike in Iran on weakened civilian-protection rules. Article V cites boat strikes it says killed "at least 221" people, Article VI the retaliation against Sen. Mark Kelly, Article VII the Maduro operation, and Article VIII more than 1,100 strikes in Yemen. All of that is Massie's allegation, not a finding.
Official record
Rep. Massie's draft resolution impeaching Secretary Hegseth, 34 pages. Page 6 holds Article II, the war powers charge tied to H.Con.Res. 86.
"The House agreed to this concurrent resolution on June 3, 2026, and the Senate agreed to it on June 23, 2026." — Massie draft, Article II
Read or download the full 34-page draft (PDF), posted on Massie's House site.
Do the war powers votes check out?
Yes. The House Clerk's record shows H.Con.Res. 86 passed 215-208 on June 3. Democrats cast 211 yeas, and Republicans cast 4 yeas against 207 nays. The Senate roll call shows 50 yeas and 48 nays on June 23, with McConnell and McCormick not voting.
The resolution directs the President under section 5(c) of the War Powers Resolution to remove U.S. forces from hostilities with Iran, with an exception for forces defending against imminent attack.
The U.S. Capitol, where the House would vote on Massie's resolution. Photo via Wikimedia Commons (public domain).
Why might that vote not bind anyone?
Because of how it was passed. Lawfare, in a June 8 analysis, wrote that a concurrent resolution "never has the force of law, even when fully enacted," since it skips the President's desk. It adds that "the conventional wisdom is that section 5(c) is likely unconstitutional under Chadha," the 1983 Supreme Court ruling on legislative vetoes.
The same piece says a measure "does not need the force of law to have legal effects," and argues a clear congressional vote can weaken the executive's claim that Congress went along. CBS reports Trump says he does not need congressional approval and has called the War Powers Resolution unconstitutional. So the dispute is whether a vote with no force of law can still count as a lawful direction from Congress. Massie's Article II treats it as one. Trump says he needs no approval at all.
What happens next week?
Roll Call reports Massie plans to force a vote the week of Nov. 9 by raising the resolution as a question of the privileges of the House. If the parliamentarian agrees, the Speaker has up to two legislative days to schedule it, and the House can vote on the resolution or on a motion to table. Massie told Roll Call he gives it "better than a 50 percent chance of passing." He lost his May primary to a Trump-backed challenger and leaves Congress after this session.
This is a second try. After Massie read the articles on the House floor in September, Speaker Mike Johnson sent the House home early, called it a "publicity stunt," and said it "will immediately be tabled, of course." Reuters adds that Massie said on X that a House impeachment would be "much gentler" than what Democrats would do with the majority next year, and that Rep. Adam Smith has promised oversight of the Iran war.
What the record settles
It settles that the war powers votes happened and that Article II describes them correctly. It does not settle whether they bind the President, and it does not show how many House Republicans would back impeachment. The House has impeached only two Cabinet members, Belknap in 1876 and Mayorkas in 2024 by 214-213. A margin like that turns on who shows up.
Header photo: Defense Secretary Pete Hegseth greets U.S. Army War College personnel at Carlisle Barracks, Pa., April 23, 2025. DoD photo by U.S. Navy Petty Officer 1st Class Alexander Kubitza, via the Secretary of Defense Flickr account, public domain.
