Hegseth could lead troops who'd face getting fired for actions he's done in the past

[January 13, 2025]  By TARA COPP and LOLITA C. BALDOR

WASHINGTON (AP) — If Pete Hegseth were still in uniform, his extramarital affairs and a decision to flatly ignore a combat commander's directive would not just be drawing the attention of senators — they could have run afoul of military law.

That is raising questions among current and former defense leaders and veterans about whether Hegseth would be able to enforce discipline in the ranks if confirmed as President-elect Donald Trump's defense secretary. Hegseth would oversee more than 2 million troops who could be disciplined or kicked out of the service for the same behavior he has acknowledged or been accused of in the past.

Hegseth, a 44-year-old Army National Guard veteran and former Fox News Channel weekend host, has acknowledged having multiple extramarital affairs — which occurred while he was in the military, according to divorce records — and has said he told his troops to ignore commands about when to fire on potential enemies. Both violate the Uniform Code of Military Justice and can get troops court-martialed and dishonorably discharged.

He's also facing questions over his past drinking — which, had it occurred in uniform, also could have led to disciplinary action.

Hegseth, however, has the support of some veterans' groups that say his past indiscretions are not as important as getting in the job someone who will focus on improving military readiness to fight.

Four defense officials pointed to Hegseth's acknowledged problems and said senior officers have expressed unease about having him at the helm because the defense secretary often sits in judgment of generals and admirals accused of bad behavior — including infidelity and refusal to obey orders.

Service members expect those holding them accountable to set an example and meet equally high standards, said the officials, who spoke on the condition of anonymity to relay private discussions.

“Character is everything in an institution,” said former Defense Secretary Chuck Hagel, who served in the Obama administration and was a longtime Republican senator. “You can’t minimize how important character is in leadership.”

While it's very rare for service members to be disciplined solely for consensual affairs, it's more likely to be done as part of a broader incident that affects the good order and discipline of a unit or their ability to lead. Those instances would include fraternization within a unit, anything involving an assault or a relationship between a service member and a subordinate's civilian spouse.

A test before the Senate
The issues are expected to come up Tuesday at Hegseth's Senate confirmation hearing, which will be an early test of Trump’s ability to ensure loyalty among a slim Republican majority.

In a letter to Hegseth last week, Sen. Elizabeth Warren, who is on the Senate Armed Services Committee holding the hearing, asked that he answer a number of questions about his previous conduct. The Massachusetts Democrat said she was “deeply concerned by the many ways in which your past behavior and rhetoric indicates that you are unfit to lead the Department of Defense.”

Asked about his ability to discipline others under the Uniform Code of Military Justice considering his own behavior, Hegseth said on the “Megyn Kelly Show” last month that “my job is to follow the law, the UCMJ, and I will do that.”

Hegseth also has promised not to drink on the job and has denied a 2017 sex assault allegation but acknowledged paying the woman a settlement. He was going through a divorce at the time after having a child with a Fox News producer who became his current wife, according to court records and his social media posts.

 Pete Hegseth, President-elect Donald Trump's nominee to be defense secretary, responds to reporters during a meeting at the Capitol in Washington, Dec. 5, 2024. (AP Photo/J. Scott Applewhite, File)

Trump and his supporters have rallied around Hegseth, saying he will strengthen what they see as a “woke” military.

He “is an incredibly tough and smart candidate that will fight to put America First,” Steven Cheung, Trump's communications director, said in a statement. “With Pete as our Secretary of Defense, America’s enemies are on notice and our military will be great again.”

Only one other Cabinet nominee in the last 60 years has gone through the confirmation process only to be rejected by the Senate. Texas Republican Sen. John Tower, President-elect George H.W. Bush's choice for defense secretary, was voted down in 1989 after contentious confirmation hearings looking into allegations of Tower's drinking and womanizing.

In meetings with senators on Capitol Hill, Hegseth has worked to assuage concerns. Trump’s base also has piled pressure on those seen as not fully on board.

Sen. Susan Collins, a moderate Maine Republican, said after meeting Hegseth last month that she pressed him about the drinking allegations and settlement payment and would wait to decide on his nomination until the confirmation hearing and a background check.

The military's strict code of conduct
Hegseth's indiscretions could impede his ability to lead by example, said the chief executive officer of the nation's largest group of Iraq and Afghanistan veterans.

“The average American might scratch their head that you can literally be kicked out of the military for cheating on your spouse. But it is fact. And that’s just because the military holds itself to a higher standard when it comes to character,” said Allison Jaslow, who served as an Army officer in Iraq and now heads the Iraq and Afghanistan Veterans of America, a group of about 425,000.

In a November podcast, Hegseth said he told his platoon in Iraq in 2005 to ignore a commander's directive not to fire on someone unless they raised their weapon to shoot at U.S. troops.

“Clear as day, I remember walking out of that briefing and pulling my platoon together and being like, ‘Guys, we’re not doing that,'" Hegseth said. “'If you see an enemy, engage before he's able to point his weapon at you and shoot.'”

Asked whether that had given Trump's team pause, transition spokesman Brian Hughes said “all nominees and appointees will comply with the ethical obligations of their respective agencies.”

Hegseth was awarded a Bronze Star for his service in Iraq from 2005 to 2006 and earned a second for his tour in Afghanistan in 2012.

Hegseth gains support from some veterans
He has gotten a boost from 32 House Republicans who served in the military, who asked the Senate to evaluate him on his service and vision. They don’t vote on his nomination, however.

A group of Navy SEALs is hosting a rally for him this week in Washington, and one of those involved said Hegseth's indiscretions are not as important as refocusing the military on readiness.

“I think the core of my support ... kind of goes back to the fact that I was a SEAL on 9/11 and that changed my life forever,” Bill Brown said.

He said Hegseth understands their anger and sense of betrayal over failures in Afghanistan and Iraq.

Regarding potential military code violations, “the No. 1 rule of engagement is you come home,” Brown said. "The military is not a social justice project.”

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