President-elect Donald Trump has nominated Pete Hegseth, a prominent Fox News Channel host, as his pick to lead the Department of Defense (DOD). This nomination marks Hegseth’s first foray into political office, bringing a military veteran and media personality into a pivotal role overseeing the nation’s armed forces.
Pete Hegseth’s background is rooted in military service. He was commissioned as an infantry officer in the Army National Guard and served tours in Afghanistan and Iraq following the 9/11 attacks. Before becoming a familiar face on Fox News, Hegseth held leadership positions in non-profit organizations, including Vets for Freedom and Concerned Veterans for America. These roles have shaped his public profile and provided platforms for his conservative viewpoints.
The American Civil Liberties Union (ACLU), a non-partisan organization dedicated to defending civil liberties, has analyzed Hegseth’s record. While the ACLU refrains from endorsing or opposing cabinet nominees, they critically assess nominees’ stances on civil liberties, especially for positions like Secretary of Defense that significantly impact national security and individual rights. As Hegseth’s Senate confirmation hearings approach in January, the ACLU has released an analysis of his record, urging Congress to carefully evaluate the implications of his leadership on civil liberties.
The Department of Defense and Civil Liberties: A Critical Intersection
The Department of Defense is the largest government agency in the United States, wielding a substantial discretionary budget and overseeing all U.S. military operations. The Secretary of Defense holds a crucial position, responsible for ensuring the military adheres to all applicable laws, including the laws of war. This responsibility extends to upholding constitutional principles, particularly the separation of powers where Congress holds the authority to declare war, except in cases of repelling sudden attacks. The War Powers Resolution further reinforces this constitutional balance. The ACLU has consistently advocated for lawful use of force and adherence to checks and balances, both domestically and under international law.
Concerns have been raised regarding the potential domestic deployment of the military under a Hegseth-led DOD. Trump has previously suggested using military troops for mass deportations and to suppress protests, actions that would represent a significant overreach of military power into domestic civilian affairs. As Secretary of Defense, Hegseth could be tasked with executing such controversial and potentially unlawful directives.
The DOD’s impact on civil liberties extends to its own personnel. As the largest employer in the U.S., employing nearly a million civilians and over two million military personnel, the DOD’s policies directly affect a vast population. Protecting the rights of LGBTQ service members, ensuring expedited citizenship for eligible immigrant service members, and preventing discrimination against parents in military academies are all critical civil liberties issues within the DOD’s purview. The ACLU emphasizes the importance of the DOD in upholding the civil rights and liberties of its employees and operating within the rule of law.
Pete Hegseth’s Record: A Cause for Concern?
Pete Hegseth’s public record reveals viewpoints that raise concerns regarding civil liberties within the military and national security contexts. His stances on various issues have come under scrutiny as he faces Senate confirmation.
One significant area of concern is the potential for the militarization of domestic law enforcement. Hegseth’s alignment with Trump’s rhetoric on deploying troops for domestic issues raises questions about his respect for the Posse Comitatus Act, which generally prohibits the use of the U.S. military for domestic law enforcement purposes. The ACLU and other civil rights advocates are wary of any Secretary of Defense who might be willing to blur the lines between military and civilian roles, potentially undermining constitutional protections.
Furthermore, Hegseth’s past statements on issues such as torture and the role of women in combat have drawn criticism. While he has served in the military, his evolving views on women in combat roles, shifting from initial opposition to later support, suggest a potentially inconsistent approach to important social and military policies.
Adding to the scrutiny are credible allegations of sexual misconduct against Hegseth. These allegations, which surfaced in late 2024, are particularly pertinent given the ongoing challenges of sexual assault within the military and Hegseth’s past comments regarding women in combat. The Senate is urged to thoroughly investigate these allegations during the confirmation process, considering their direct relevance to Hegseth’s suitability for leading the Department of Defense.
ACLU’s Demands for Hegseth’s Confirmation Hearing
Based on Pete Hegseth’s track record and public statements, the ACLU has articulated specific concerns about his potential leadership of the DOD and its implications for civil liberties. They are urging senators to press Hegseth on key issues during his confirmation hearing to ascertain his commitment to upholding constitutional rights and the rule of law.
The ACLU is calling on senators to demand clear commitments from Hegseth on the following points:
- Domestic Deployment of Troops: Will Hegseth pledge not to deploy the military against protesters or for civilian law enforcement functions, respecting the separation of military and civilian roles?
- Torture: Will Hegseth uphold the bipartisan consensus against torture, ensuring adherence to legal and ethical standards in military operations?
- Rule of Law and Checks and Balances: Will Hegseth commit to ensuring the DOD operates within constitutional checks and balances, respecting congressional authority and international humanitarian law?
- LGBTQ Service Members’ Rights: Will Hegseth support the continued service of LGBTQ individuals in the military and ensure access to healthcare, including reproductive and gender-affirming care?
- Women in Combat: Will Hegseth affirm his commitment to supporting women in combat roles and maintain current DOD policies that facilitate their full participation in the military?
These questions highlight the ACLU’s focus on ensuring that the next Secretary of Defense is committed to protecting civil liberties and upholding the Constitution. Hegseth’s responses to these inquiries will be critical in determining his suitability for leading an agency with such a profound impact on individual rights and national security.
The confirmation hearings for Pete Hegseth will be a crucial moment for examining his views and commitments regarding civil liberties. The ACLU is actively encouraging public engagement to ensure a transparent and rigorous Senate process. By raising these critical questions, the aim is to safeguard fundamental rights and ensure that the leadership of the Department of Defense respects and protects the civil liberties of all Americans.
