MAGA Insider Issues Warning That Hegseth Impeachment Could Put Collaborators on Path to 'The Hague'

Luke Nicastro, a senior editor at The American Conservative and former national security adviser to Senator Josh Hawley, warned on Wednesday, 30 September, that the Hegseth impeachment fight could carry consequences beyond Congress.

He argued that a formal House debate might shape future legal scrutiny of officials in President Donald Trump's administration, including possible international proceedings.

Republican Rep. Thomas Massie introduced eight articles of impeachment against Defence Secretary Pete Hegseth on 15 September. Massie filed the measure as a privileged resolution, seeking expedited House action.

His resolution alleges violations of the 1973 War Powers Resolution, failures to protect civilians, extrajudicial killings and retaliation against Sen. Mark Kelly. Those remain allegations in an impeachment resolution, not judicial findings.

Hegseth Impeachment Vote Delayed Until November

House Speaker Mike Johnson announced on 16 September that the chamber would end voting earlier than planned, cancelling the following day's scheduled session. That delayed consideration of Massie's resolution until lawmakers return after the midterm elections.

Massie accused Republican leaders of changing the schedule to avoid an impeachment vote. Johnson disputed that account, saying the House had completed its work before members returned to their districts. He also dismissed Massie's effort as 'a stunt' and defended Hegseth's record at the Pentagon.

Massie's first three articles allege separate violations of the War Powers Resolution over military operations involving Iran. Other articles allege failures to minimise civilian casualties, extrajudicial killings connected with maritime strikes and retaliation against Kelly.

Another article challenges the operation that seized Nicolás Maduro and Cilia Flores in Venezuela. The final article alleges that US military action in Yemen lacked sufficient congressional authority.

Hegseth Impeachment Fuels 'Hague' Warning

Nicastro went further than Massie's resolution by considering what the congressional record could mean for future legal proceedings. He wrote that debating the articles could 'give substance to prospective future prosecutions, both domestic and international' and referred to speculation about a future administration working with 'the Hague.'

Nicastro's article did not identify any active international prosecution against Hegseth. An impeachment vote would not, by itself, establish criminal responsibility or create jurisdiction for an international court.

If Nicastro's reference to The Hague means the International Criminal Court, significant jurisdictional hurdles would remain. The ICC generally exercises jurisdiction when alleged crimes involve the territory or nationals of a State Party, when a non-member state accepts jurisdiction, or when the UN Security Council makes a referral.

Neither the United States nor Iran appears on the ICC's current list of 125 States Parties. That means any international case would require a separate jurisdictional and evidentiary basis rather than flow automatically from impeachment proceedings.

Nicastro tied his warning to findings from the Independent International Fact-Finding Mission on the Islamic Republic of Iran. The mission said it had reasonable grounds to believe US forces committed war crimes in two 28 February strikes, one on a primary school in Minab and another on a sports facility in Lamerd.

The mission is investigative, not a criminal court. Its findings do not themselves establish individual guilt or open a prosecution. The White House rejected the conclusions, while the Pentagon said its investigation remained ongoing.

Hegseth Impeachment Returns After Midterms

The dispute is also playing out against public polling. An Economist and YouGov survey conducted from 18 to 21 September found 51 per cent of 1,401 registered voters supported impeaching Hegseth under a question stating that he had started a war with Iran without congressional authorisation. Thirty-four per cent opposed impeachment and 15 per cent were unsure.

That result measures responses to the question as presented. It does not independently establish the legal premise contained in the wording.

The House is scheduled to resume legislative business on 9 November. The unresolved impeachment resolution can then return to the chamber, while any criminal or international proceedings would remain legally separate from Congress's impeachment process.