Model Impeachment Articles Against Secretary Pete Hegseth
Model Articles of Impeachment Against Secretary of Defense Pete Hegseth for the 120th Congress
In short: The Biazzo Law Government Oversight Program has prepared a model House resolution with ten articles of impeachment against Secretary of Defense Pete Hegseth. It is written for Members of the incoming 120th Congress and their staff and counsel. The articles cover his conduct as Secretary, from his confirmation in January 2025 through November 3, 2026. They center on war powers, the protection of civilians, lethal strikes at sea, domestic deployments, and the use of his office against a sitting Senator and a private company. They are not exhaustive, but every allegation rests on statutes, court rulings, official records, or public statements. Any Member or office may use the articles in whole or in part, free of charge and without attribution.
Key facts at a glance
What it is | A model House resolution (H. Res.) with ten articles of impeachment, in House format |
Written for | Members of the U.S. House of Representatives in the 120th Congress, their personal and committee staff, and committee counsel |
Period covered | Secretary Hegseth's service at the Department of Defense through November 3, 2026 |
Sources | The Constitution, the War Powers Resolution and other statutes, federal court rulings, congressional votes, Inspector General findings, and public statements |
Format | Word and PDF, ready to paste into a Member's draft |
Cost | Free. No permission or attribution needed |
Download | [Model Impeachment Articles of Secretary of Defense Pete Hegseth (PDF)](LINK) · [(DOCX)](LINK) |
Companion drafts | Model Articles of Impeachment Against President Trump · [Model Articles Against Attorney General Todd Blanche](LINK) |
What do the model articles cover?
Article | Charge | Principal grounds | Key sources |
I | Waging war against Iran contrary to section 2(c) of the War Powers Resolution | Hostilities began February 28, 2026, without a declaration of war, specific statutory authorization, or an attack on the United States. The Director of the National Counterterrorism Center resigned, stating that Iran posed no imminent threat. | Art. I, § 8, cl. 11; 50 U.S.C. 1541(c) |
II | Defying Congress's direction under section 5(c) | Both Houses passed H. Con. Res. 86 directing removal of forces from hostilities against Iran (House, June 3, 2026; Senate, June 23, 2026). Hostilities continued. | 50 U.S.C. 1544(c); H. Con. Res. 86 (119th Cong.) |
III | Continuing hostilities beyond the 60-day limit of section 5(b) | The 60-day period after the March 2, 2026 report expired May 1. No certification for an extension was sent, and hostilities continued past June 1. | 50 U.S.C. 1544(b) |
IV | Dismantling civilian-protection safeguards Congress required | Civilian-harm mitigation was halted despite statutory requirements and funding. Most civilian-harm staff were removed, and the senior Judge Advocates General were dismissed. A missile strike on an elementary school in Minab, Iran, killed at least 156 people, including at least 120 children. | 10 U.S.C. 184; Pub. L. 117-263, § 1082; Pub. L. 115-232, § 936 |
V | Extrajudicial killings at sea | At least 79 strikes on vessels killed at least 238 people as of October 4, 2026. They include a follow-up strike that killed two survivors and a strike after which eight shipwrecked people died without rescue. The strikes displaced the maritime drug-enforcement framework Congress enacted. | 46 U.S.C. 70503–70504; 10 U.S.C. 274–275, 279; 14 U.S.C. 102, 522; Little v. Barreme (1804) |
VI | Retaliation against a U.S. Senator for protected speech | A censure letter and retired-grade proceedings against Senator Mark Kelly for saying service members may refuse illegal orders. A federal court enjoined both. | Kelly v. Hegseth (D.D.C. Feb. 12, 2026); Art. I, § 6, cl. 1; First Amendment; United States v. Calley |
VII | Unauthorized act of war against Venezuela | A January 3, 2026 operation in and around Caracas seized Venezuela's head of state. At least 83 people were killed. There was no declaration of war and no advance notice to Congress. | Art. I, § 8, cl. 11; 50 U.S.C. 1541(c) |
VIII | Unlawful war in Yemen and reckless handling of operational information | More than 1,100 strikes from March to May 2025. Strike details were shared in a commercial messaging group that included a journalist, and the Inspector General found this could have endangered service members. | 50 U.S.C. 1541(c), 1543(a); DoD Inspector General report |
IX | Unlawful domestic deployment of the armed forces | The Guard was federalized and Marines deployed in Los Angeles over the Governor's objection. Courts found a Posse Comitatus Act violation and an ultra vires federalization, and enjoined the Oregon and Illinois deployments. | 18 U.S.C. 1385; 10 U.S.C. 12406; Newsom v. Trump (N.D. Cal.; 9th Cir. Oct. 23, 2026); Trump v. Illinois (2025) |
X | Retaliation against a private company and partisan use of office | A "supply chain risk" designation against a U.S. technology company, which a court preliminarily enjoined as likely retaliation. Campaign appearances for a primary challenger to a sitting Member, now the subject of a Hatch Act complaint. | Anthropic v. Department of War (N.D. Cal.); 5 U.S.C. 7321–7326 |
Each article invokes Article II, § 4, the oath of office, and the duty to see that the laws are faithfully executed. Each closes with the traditional prayer for impeachment, trial, removal, and disqualification.
How were the articles built, and what is their scope?
The articles start from the law Congress wrote. Seven rest on the War Powers Resolution, the civilian-protection statutes, and the Posse Comitatus Act. These are laws Congress enacted, and in the case of the War Powers Resolution, over a presidential veto. Each specification then states what happened, when, and in what record: a court order, a vote of the House and Senate, an Inspector General finding, or the Secretary's own words.
The articles are not exhaustive. They focus on conduct that is well documented and that goes to the core of Congress's constitutional role over war, the armed forces, and the protection of civilians. Some matters, such as the classified legal memorandum on the vessel strikes and the decisions behind the Minab school strike, need fuller development through classified briefings, sworn testimony, and document production. A House investigation can confirm the Secretary's personal role in each matter and add, narrow, or strengthen charges accordingly.
Is this partisan?
No. Congress's war powers belong to the institution, not to either party. Members of both parties have long insisted that the executive branch obtain authorization before taking the nation to war. When both Houses agreed to a concurrent resolution directing withdrawal from hostilities against Iran, it was the first time that had happened under the War Powers Resolution. The articles apply standards that would bind any Secretary of Defense, under any President. They describe statutes, court rulings, votes, and documented facts, and they leave guilt to be determined under the Constitution's process.
Can I use the model articles?
Yes. The model articles are free to use in whole or in part. Members, staff, and counsel need no permission or attribution. You may introduce them as drafted, use one or several articles, combine them with your own, borrow specifications, or use them only as a research map. You may also decide to use none of them.
How might a House office or committee use these articles?
As an introduced resolution. A Member can adapt the text and introduce it. It is formatted in House style.
As an investigative roadmap. Armed Services, Foreign Affairs, Judiciary, and Intelligence counsel can treat each specification as a line of inquiry, with the witnesses, orders, legal opinions, and after-action reports needed to confirm it.
As a records checklist. Offices can send preservation and production requests covering execute orders, targeting guidance, legal memoranda, and communications, beginning on January 3, 2027.
As a legislative guide. Several articles correspond to reforms in our model bills for the 120th Congress, including funding limits on unauthorized hostilities, a law-enforcement framework for drug interdiction at sea, limits on domestic deployment, and protection for Members from military retaliation.
For the American public: what are model articles of impeachment?
The Constitution gives the House of Representatives "the sole Power of Impeachment" and the Senate "the sole Power to try all Impeachments." It allows the impeachment of "all civil Officers of the United States," including Cabinet officers such as the Secretary of Defense, for "Treason, Bribery, or other high Crimes and Misdemeanors." Art. I, § 2, cl. 5; Art. I, § 3, cl. 6; Art. II, § 4.
Model articles are a draft that a Member of Congress can review, change, or set aside. They charge no one and decide nothing. Only a Member can introduce articles of impeachment. Only a majority of the House can adopt them, and only two-thirds of the Senate can convict. The process gives the official notice of the charges, a chance to respond, and a public trial.
We publish model articles to help Congress do its constitutional work. The Constitution gives Congress, not the executive branch alone, the power to decide when the nation goes to war. Even when an impeachment does not end in removal, it can establish a public record, deter future misconduct, and reaffirm that the laws Congress writes bind every official. For more, see How Impeachment Works and Why It Matters Without Conviction.
Let's talk
I'm happy to walk your office through the articles, the records behind them, or how to adapt the text for your Member. That can be a short call with staff or a longer working session with committee counsel, at no charge and with no obligation. Please contact Biazzo Law or call (703) 297-5777 to schedule a time.
Companion resources
Frequently asked questions
What are model articles of impeachment? A draft House resolution that Members and staff can review, adapt, and introduce. It charges no one until a Member introduces it and the House votes.
What period do the Hegseth articles cover? Secretary Hegseth's conduct at the Department of Defense from the start of his service in January 2025 through November 3, 2026.
Can a Secretary of Defense be impeached? Yes. Article II, § 4 applies to "all civil Officers of the United States." The House has impeached Cabinet officers before, including Secretary of War William Belknap in 1876 and Homeland Security Secretary Alejandro Mayorkas in 2024.
Isn't the President responsible for military decisions? The President is Commander in Chief, but every officer takes an oath to support the Constitution and must obey the laws Congress enacts. An officer who carries out actions that a statute forbids is not shielded by a presidential order (Little v. Barreme, 1804).
Do I need permission to use the articles? No. They are free to use in whole or in part, without attribution.
Are these articles the final word on the facts? No. They rest on the public record as of November 3, 2026. A House investigation, including classified briefings, should confirm each fact and the Secretary's personal role.
Is Biazzo Law affiliated with any party or campaign? No. The Government Oversight Program is nonpartisan and accepts no direction from any party or campaign.
These model articles are provided for legislative drafting assistance and public education. They are not legal advice and do not create an attorney-client relationship. They describe allegations, statutes, and court findings; no official has been impeached or convicted on these articles, and every person is entitled to due process.
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