Can Democrats Impeach Defense Secretary Pete Hegseth? What Happens If Congress Removes a Cabinet Secretary

 Yes. A Cabinet secretary is a “civil Officer” who can be impeached under Article II, Section 4. The House needs a simple majority to impeach, and the Senate needs two-thirds of the senators present to convict and remove. Two separate impeachment efforts against Hegseth already exist in the outgoing House, and neither has produced an impeachment yet.

Status as of November 4, 2026: Pete Hegseth remains Secretary of Defense. Representative Yassamin Ansari (D-AZ) filed H.Res. 1177 in April 2026, and Representative Thomas Massie (R-KY) announced an eight-article resolution on September 15, 2026. Massie has said he plans to force a House vote the week of November 9. No vote has happened, and nothing has been approved.

A note on the title: many outlets now call the office “Secretary of War,” reflecting the administration’s use of “Department of War” as a secondary name. The statute that creates the office, 10 U.S.C. § 113, still says Secretary of Defense, and this article uses that term.

Quick Facts: Can Congress Impeach Pete Hegseth?

Question	Answer
Can Congress impeach the Secretary of Defense?	Yes. Cabinet secretaries are civil officers subject to impeachment (Article II, Section 4).
Has Hegseth been impeached?	No. Two resolutions have been introduced or announced, and the House has not approved either.
Who introduced the Democratic resolution?	Rep. Yassamin Ansari (D-AZ), H.Res. 1177, on April 15, 2026, with six articles.
Who introduced the Republican-led effort?	Rep. Thomas Massie (R-KY), who announced eight articles on September 15, 2026.
What is the next step?	Massie says he will force a vote the week of November 9, subject to House procedure.
House votes needed to impeach?	A simple majority of members present and voting, with a quorum.
Senate votes needed to remove?	Two-thirds of senators present: 67 if all 100 attend.
Can Democrats remove him with 51 Senate votes?	No.
Can Trump fire Hegseth instead?	Yes. Cabinet secretaries generally serve at the president’s pleasure.
Who runs the Pentagon if he leaves?	The Deputy Secretary of Defense acts for the Secretary (10 U.S.C. § 132).
Would Trump lose the presidency?	No. Removing a Cabinet secretary has no effect on the president or the vice president.
Can he be prosecuted too?	Yes, separately, if prosecutors have a legal basis. Impeachment gives no immunity.
When does the new Congress start?	Noon on January 3, 2027.

Why Is Pete Hegseth Facing Impeachment After the 2026 Midterms?

Hegseth is a target because several controversies from his time at the Pentagon have drawn criticism from members of both parties, and Democrats are about to gain subpoena power.

Major outlets project that Democrats won both the House and the Senate on November 3, 2026, and they take control when the 120th Congress convenes on January 3, 2027. Final seat totals were still being counted on November 4, so this article does not depend on an exact number.

The allegations behind the two resolutions include:

• The U.S. war with Iran and whether Congress authorized it.
• Military strikes on suspected drug-trafficking boats in the Caribbean and the eastern Pacific.
• The operation in Venezuela that captured Nicolás Maduro.
• Operations in Yemen and the handling of sensitive information in a Signal group chat.
• Compliance with rules that protect civilians during armed conflict.
• Obstruction of congressional oversight, and Hegseth’s response to criticism from Senator Mark Kelly.

These are allegations in resolutions written by lawmakers. They are not findings by a court, a committee or the House. The administration has defended Hegseth. On September 15, Attorney General Todd Blanche said Hegseth “follows the law.”

Has Pete Hegseth Already Been Impeached?

No. Filing or announcing articles of impeachment is not the same as the House approving them.

Impeachment happens only when a majority of the House votes to adopt at least one article. Until then, the official remains in office with full authority. That distinction matters because many headlines say “articles filed” or “impeachment push,” and a reader can easily take that to mean he has been impeached.

H.Res. 1177: the Democratic resolution (April 15, 2026)

Representative Yassamin Ansari of Arizona introduced H.Res. 1177, titled “Impeaching Peter B. Hegseth, Secretary of Defense of the United States, for high crimes and misdemeanors.” Other House Democrats cosponsored it, and it was referred to the House Judiciary Committee.

It contains six articles:

1. Unauthorized war against Iran and reckless endangerment of U.S. service members.
2. Violations of the law of armed conflict and targeting of civilians.
3. Negligent handling of sensitive military information, including the Signal messaging controversy.
4. Obstruction of congressional oversight.
5. Abuse of power and politicization of the armed forces.
6. Conduct bringing disrepute on the United States and its armed forces.

An earlier effort by Representative Shri Thanedar (D-MI) in December 2025 did not advance.

Massie’s resolution: the Republican-led effort (September 15, 2026)

A second effort came from an unlikely source. Representative Thomas Massie, a Kentucky Republican, read his resolution aloud on the House floor on September 15, 2026, and announced he would force a vote on it. CNN reported that Massie did not warn party leaders beforehand and that he was attempting to impeach a Cabinet member from his own party, which would be a first.

The 34-page resolution has eight articles. Reporting on its contents describes allegations that Hegseth:

• Waged war on Iran in violation of the War Powers Resolution and kept troops deployed without congressional authorization.
• Acted unlawfully in military operations in Venezuela, Yemen, the Caribbean and the eastern Pacific.
• Disregarded legal protections for civilians and survivors of strikes.
• Suppressed the free speech of a U.S. senator, a reference to Senator Mark Kelly.

Massie lost his primary this year to a Trump-backed challenger and leaves Congress in January.

Will the House vote on the Massie resolution the week of November 9?

Possibly, but nothing is guaranteed. Roll Call reported on October 26, 2026, that Massie plans to give notice the week of November 9 that he is raising the resolution as a question of the privileges of the House. If the House parliamentarian agrees it qualifies, the Speaker has up to two legislative days to schedule it. The House can then vote on the resolution or on a motion to table it, which is what happened to Representative Al Green’s Trump resolution on September 15.

Massie has said he gives his resolution better than even odds, a claim that depends on every Democrat voting yes and some outgoing Republicans joining them. Absences matter in a closely divided House, especially among members who will not return in January. That is his estimate and not a vote count.

Any vote would take place in the Republican-controlled 119th Congress, before the Democratic majority takes office. If the House does not act, the resolution dies when the 119th Congress ends on January 3, 2027, and a new one must be introduced in the 120th Congress.

Can a Cabinet Secretary Like Hegseth Be Impeached Under the Constitution?

Yes. Article II, Section 4 says “The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”

The Secretary of Defense qualifies. The office is a principal executive position filled by presidential appointment with Senate confirmation under 10 U.S.C. § 113. Federal judges and Cabinet heads are the classic examples of impeachable civil officers. Members of Congress are not covered, because each chamber disciplines its own members under Article I, Section 5. Rank-and-file federal employees and military officers acting in their military capacity are generally outside the clause as well.

Does impeachment require a crime?

No. “High crimes and misdemeanors” has historically been read to include serious abuse of official power, corruption and violations of the public trust, even where no criminal statute was broken. Congress defines the standard through its own practice, and courts treat impeachment as a political question. In Nixon v. United States, 506 U.S. 224 (1993), the Supreme Court refused to review the Senate’s trial procedures.

This also means the House cannot impeach a secretary simply for policy disagreements. It must allege conduct that fits the constitutional standard, and the Senate decides whether the allegations justify removal.

How Does Impeachment of the Secretary of Defense Work Step by Step?

The structure is the same as a presidential impeachment, with one difference: the Chief Justice does not preside.

1. Introduction. Any House member can introduce articles. A member can also force a vote by raising a resolution as a question of privilege under House Rule IX.
2. Committee work. The Judiciary Committee or another committee usually investigates and votes, though the House can skip that step.
3. House vote. Each article is voted on separately, and a simple majority of members present and voting, with a quorum, adopts it. The official is then “impeached” but not removed.
4. Managers. The House appoints members to present the case in the Senate.
5. Senate trial. The Senate decides its own procedures. The Vice President, the President pro tempore or another senator presides. The Chief Justice presides only when the President is tried (Article I, Section 3, Clause 6).
6. Verdict. Two-thirds of the senators present must vote to convict. Conviction removes the official from office immediately.
7. Disqualification. After conviction, the Senate can vote separately to bar the person from future federal office under Article I, Section 3, Clause 7. Senate practice has treated that vote as requiring only a majority, though the point is debated.

Impeachment carries no fines or prison terms. The person stays “liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.”

How Many Senate Votes Are Needed to Remove Hegseth?

Two-thirds of the senators present, which is 67 votes if all 100 attend.

Senators present	Votes needed to convict
100	67
99	66
98	66
97	65
96	64
90	60

A Democratic majority, even in the mid-50s, would fall well short. Conviction would require a substantial number of Republican senators. The 60-vote cloture rule for ordinary legislation does not apply to the conviction vote, but the constitutional two-thirds rule is higher than a simple majority.

Hegseth’s confirmation hints at where some Republican votes might come from. In January 2025, the Senate confirmed him 51 to 50, with Vice President JD Vance casting the tie-breaking vote after three Republican senators voted no. Opposing a confirmation and voting to convict are very different decisions, though, and nothing suggests how any senator would vote on articles that have not been tried.

Republicans opposed to conviction could argue that the military actions were lawful, that they fell within the president’s commander-in-chief authority, that the War Powers Resolution does not apply the way the articles claim, or that the evidence does not show impeachable misconduct.

Which Cabinet Secretaries Have Been Impeached Before Hegseth?

Only two, and neither was convicted.

William Belknap, Secretary of War (1876)

A congressional investigation found that Belknap had taken payments tied to appointments of military trading-post operators. He resigned on March 2, 1876, just before the House acted, and the House impeached him anyway that day.

The Senate then had to decide whether it could try an official who had already resigned. On May 29, 1876, it voted 37 to 29 that it had jurisdiction. After a trial with dozens of witnesses, the Senate voted on August 1, 1876, and no article reached the two-thirds needed to convict, so he was acquitted.

The precedent suggests that resignation does not automatically end an impeachment, but it is a Senate precedent, not a Supreme Court ruling.

Alejandro Mayorkas, Secretary of Homeland Security (2024)

The House impeached Mayorkas in February 2024 on two articles: willful refusal to comply with immigration law, and breach of public trust. The Senate, then under Democratic control, never held a full evidentiary trial. On April 17, 2024, it sustained points of order that the articles did not allege impeachable offenses, by votes of 51 to 48 on the first article and 51 to 49 on the second, and then dismissed them.

The case shows that a Senate majority can dispose of articles through procedural votes, and that the parties can disagree over whether a policy dispute rises to a high crime or misdemeanor.

No Cabinet secretary has ever been convicted and removed by the Senate. In practice, presidents have often accepted resignations when congressional pressure became intense.

Can President Trump Fire Hegseth Before Congress Impeaches Him?

Yes. The president can remove a Secretary of Defense without a vote of Congress.

The secretary serves under 10 U.S.C. § 113 with no fixed term, and the Supreme Court has long recognized the president’s authority to remove principal executive officers, starting with Myers v. United States, 272 U.S. 52 (1926). Trump could fire Hegseth, ask for his resignation or accept one, and then nominate a successor.

Why would Congress impeach someone who has already been fired?

A firing ends the person’s job. Impeachment adds a formal congressional judgment, a public record, and the possibility of permanent disqualification from federal office. The Belknap precedent shows the Senate has tried a former secretary, although whether it would do so for a modern secretary would likely be contested.

Can Trump pardon Hegseth to stop impeachment?

No. Article II, Section 2, Clause 1 excludes “Cases of Impeachment” from the pardon power. A pardon could cover federal criminal offenses, but it could not stop the House from impeaching or the Senate from trying a case.

What Happens to the Pentagon If Hegseth Is Removed or Resigns?

The department keeps running. The Deputy Secretary of Defense acts as Secretary when the Secretary is absent, disabled or the office is vacant under 10 U.S.C. § 132(b). The president can nominate a permanent successor, and the Senate must confirm that person under 10 U.S.C. § 113(a).

After January 3, 2027, a Democratic Senate would hold the confirmation hearing and vote, so it could reject a nominee it found unqualified. The president can also use temporary acting arrangements allowed by law, such as the Federal Vacancies Reform Act, which limits how long an acting official can serve.

Would Trump or Vance lose office if Hegseth is removed?

No. A Cabinet secretary’s removal has no effect on the presidency. Trump stays president, JD Vance stays vice president, and nothing triggers the 25th Amendment. For the separate process that applies to the president, read our guide: Can Democrats Remove Trump as President in 2027? Impeachment, the 25th Amendment and Who Would Replace Him.

What Can Democrats Investigate Without Impeaching Hegseth?

Quite a lot. Impeachment is only one tool, and the House Armed Services Committee and other committees can investigate regardless.

Representative Adam Smith, the top Democrat on the House Armed Services Committee, has said his priorities include military operations, the politicization of the armed forces and possible corruption in Pentagon contracting. Committees can request documents, hold hearings, interview witnesses and issue authorized subpoenas. They can also write funding limits and reporting requirements into legislation.

A subpoena must serve a legitimate legislative purpose, and fights over classified information and executive privilege are likely. For the legal framework, read: Can Democrats Subpoena Trump, His Family, Banks and Private Companies in 2027? What Congress Can Legally Demand Under Trump v. Mazars, Executive Privilege and Contempt Law. For a current example of how executive privilege disputes reach court, see: Trump Executive Privilege Kennedy Center Lawsuit, What Was Asserted, What the Court Must Decide and What It Means.

Congress can also keep investigating if Hegseth leaves office. Stepping down does not wipe out records or decisions from his time at the Pentagon, although a former official keeps whatever privileges and legal protections the law allows.

What Do the Iran War and Venezuela Allegations Mean Legally?

Several articles raise a constitutional question about who decides when the United States goes to war.

Article I, Section 8, Clause 11 gives Congress the power to declare war, and Article II makes the president commander in chief. The War Powers Resolution of 1973 (50 U.S.C. §§ 1541 to 1548) tries to regulate hostilities that begin without a declaration of war or specific authorization. In covered situations it requires a report to Congress within 48 hours and generally limits continued use of force to 60 days, with a possible 30-day withdrawal period.

Presidents of both parties have argued that the statute is unconstitutional or inapplicable, and courts have rarely resolved these disputes. The articles also allege violations of the law of armed conflict, which includes the Geneva Conventions’ rules on distinguishing civilians from combatants, proportionality and precautions in attack. Whether a given strike violated those rules depends on evidence and the circumstances, and none of it has been decided by a court or by the House.

Could Hegseth Be Impeached After He Resigns?

Possibly, based on the Belknap precedent. Belknap resigned before the House voted, the House impeached him that day, and the Senate held it could still try him. The Senate’s 37 to 29 jurisdiction vote is persuasive history, not binding law, and a modern Senate could reach a different conclusion. The Senate also tried Donald Trump in February 2021 after he left office, voting 56 to 44 that it had jurisdiction, though the Supreme Court has not ruled on that question.

What If the Senate Acquits Hegseth?

He stays in office unless Trump fires him or he resigns. An acquittal does not prove every allegation false, and it does not prevent separate investigations, legislation or criminal referrals. Because impeachment is not a criminal case, a Senate acquittal does not bar a prosecutor from bringing charges.

Frequently Asked Questions About Impeaching Pete Hegseth

Can Democrats impeach Pete Hegseth in 2027?

Yes. They will control the House starting January 3, 2027, and a simple majority can adopt articles of impeachment.

Has Pete Hegseth already been impeached?

No. Ansari’s H.Res. 1177 and Massie’s eight-article resolution have not been adopted by the House.

Why is Republican Thomas Massie trying to impeach Hegseth?

His resolution alleges abuse of office in the Iran war, military operations abroad, civilian protections and the treatment of Senator Mark Kelly. Those are allegations, not findings.

Will the House vote on Hegseth’s impeachment in November 2026?

Massie says he plans to force a vote the week of November 9. Whether and when it happens depends on House procedure, and the House could table the resolution.

How many votes does the House need to impeach Hegseth?

A simple majority of those present and voting, assuming a quorum.

How many senators are needed to remove Hegseth?

Two-thirds of senators present. If all 100 attend, that is 67.

Can Democrats remove Hegseth with 51 Senate votes?

No. A simple majority cannot meet the constitutional two-thirds rule.

Can Trump fire Hegseth before impeachment?

Yes. Cabinet secretaries generally serve at the president’s pleasure.

Can Hegseth be impeached if he resigns?

Potentially. The Senate tried Belknap after he resigned in 1876, although that is a precedent, not a Supreme Court ruling.

Who replaces Hegseth if he is removed?

The Deputy Secretary of Defense acts as Secretary under 10 U.S.C. § 132(b), and the president can nominate a permanent replacement for Senate confirmation.

Would Trump lose the presidency if Hegseth is impeached?

No. Impeaching a Cabinet secretary affects only that official.

Can Trump pardon Hegseth to stop impeachment?

No. The pardon power does not extend to cases of impeachment.

Could Hegseth go to prison because of impeachment?

No. Impeachment cannot impose prison time. Criminal prosecution is a separate process.

Can Democrats investigate Hegseth without impeaching him?

Yes. Committees can hold hearings, request records and issue authorized subpoenas without any impeachment vote.

Can the Senate bar Hegseth from federal office?

Yes, if it first convicts him and then votes to disqualify him under Article I, Section 3, Clause 7.

Which Cabinet secretaries have been impeached?

William Belknap (1876), who was acquitted after resigning, and Alejandro Mayorkas (2024), whose articles the Senate dismissed.

Final Takeaway: Democrats Can Impeach Hegseth, but Removal Takes Two-Thirds of the Senate

Pete Hegseth faces two separate impeachment efforts: Ansari’s six-article resolution from April and Massie’s eight-article resolution from September, with a possible House vote the week of November 9. Neither has made Hegseth an impeached official, and a House vote in the outgoing Congress could end with the resolution being tabled.

After January 3, 2027, a Democratic House can impeach him by majority vote. Removal would still need two-thirds of the Senate, and Trump can end the matter at any time by firing him. If Hegseth leaves, the Deputy Secretary takes over, Trump nominates a successor, and the Senate decides whether to confirm.

The key distinction: removing the Secretary of Defense is not the same as removing the president. Trump and Vance stay in office either way.

Sources and Legal Authorities

Current impeachment developments

1. H.Res. 1177, Impeaching Peter B. Hegseth (April 15, 2026), GovInfo
2. CBS News, House Democrats file articles of impeachment against Hegseth
3. Newsweek, Pete Hegseth faces impeachment threat: full list of sponsors
4. CNN via KRDO, Thomas Massie pushes surprise impeachment vote of Pete Hegseth (September 15, 2026)
5. CQ-Roll Call, Massie vows “week one” vote in lame duck to impeach Hegseth (October 26, 2026)
6. House Clerk, Roll Call 298: H.Res. 1486, motion to table (September 15, 2026)

Constitutional text and impeachment procedure

7. Constitution Annotated, Article I
8. Constitution Annotated, Article II, Section 4
9. Constitution Annotated, Article II, Section 2 (Pardon Power)
10. U.S. Senate, About Impeachment
11. Nixon v. United States, 506 U.S. 224 (1993)

Cabinet impeachment history

12. U.S. Senate, Impeachment Trial of Secretary of War William Belknap (1876)
13. U.S. Senate, Historical List of Impeachment Cases

Defense Department leadership and war powers

14. 10 U.S.C. § 113, Secretary of Defense
15. 10 U.S.C. § 132, Deputy Secretary of Defense
16. War Powers Resolution, 50 U.S.C. §§ 1541 to 1548
17. Constitution Annotated, Article I, Section 8 (War Powers)

Disclaimer: AllAboutLawyer.com is an independent legal information website, not a law firm. This article is for general education and is not legal advice.

Researched and written by Israr Ahmad, legal content researcher and founder of AllAboutLawyer.com. All facts verified against the official text of H.Res. 1177, the House Clerk’s roll call records, Senate impeachment records, federal statutes and Supreme Court opinions, plus current news reporting, as of November 4, 2026. Last Updated: November 4, 2026.